Texas 2023 - 88th Regular

Texas Senate Bill SB1606 Compare Versions

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1	1	S.B. No. 1606
2	2
3	3
4	4	AN ACT
5	5	relating to evidence and orders regarding intellectual disability
6	6	or mental condition in certain guardianship proceedings.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 1101.104, Estates Code, is amended to
9	9	read as follows:
10	10	Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING
11	11	INTELLECTUAL DISABILITY. (a) If an intellectual disability is the
12	12	basis of the proposed ward's alleged incapacity, the court may not
13	13	grant an application to create a guardianship for the proposed ward
14	14	unless the applicant presents to the court a written letter or
15	15	certificate that:
16	16	(1) complies with Sections 1101.103(a) and (b); or
17	17	(2) shows that not earlier than 24 months before the
18	18	hearing date:
19	19	(A) the proposed ward has been examined by a
20	20	physician or psychologist licensed in this state or certified by
21	21	the Health and Human [Department of Aging and Disability] Services
22	22	Commission to perform the examination, in accordance with rules of
23	23	the executive commissioner of the commission [Health and Human
24	24	Services Commission] governing examinations of that kind, and the
25	25	physician's or psychologist's written findings and recommendations
26	26	include a determination of an intellectual disability; or
27	27	(B) a physician or psychologist licensed in this
28	28	state or certified by the Health and Human [Department of Aging and
29	29	Disability] Services Commission to perform examinations described
30	30	by Paragraph (A) updated or endorsed in writing a prior
31	31	determination of an intellectual disability for the proposed ward
32	32	made by a physician or psychologist licensed in this state or
33	33	certified by the commission [department].
34	34	(b) A physician or psychologist described by Subsection
35	35	(a)(2)(A) must preferably have experience examining individuals
36	36	with an intellectual disability. For purposes of this subsection,
37	37	a physician or psychologist is considered to have experience
38	38	examining individuals with an intellectual disability if the
39	39	physician or psychologist has an established patient-provider
40	40	relationship with the proposed ward.
41	41	SECTION 2. Section 1202.152(a), Estates Code, is amended to
42	42	read as follows:
43	43	(a) Except as provided by Section 1202.1521, the [The] court
44	44	may not grant an order completely restoring a ward's capacity or
45	45	modifying a ward's guardianship under an application filed under
46	46	Section 1202.051 unless the applicant presents to the court a
47	47	written letter or certificate from a physician licensed in this
48	48	state that is dated:
49	49	(1) not earlier than the 120th day before the date the
50	50	application was filed; or
51	51	(2) after the date the application was filed but
52	52	before the date of the hearing.
53	53	SECTION 3. Subchapter D, Chapter 1202, Estates Code, is
54	54	amended by adding Section 1202.1521 to read as follows:
55	55	Sec. 1202.1521. LETTER OR CERTIFICATE: REQUIREMENTS IF
56	56	ALLEGED INCAPACITY BASED ON INTELLECTUAL DISABILITY. (a) If an
57	57	intellectual disability is the basis of a ward's alleged
58	58	incapacity, instead of the letter or certificate required under
59	59	Section 1202.152(a), the court shall, subject to Subsection (c),
60	60	consider a written letter or certificate the applicant presents
61	61	from:
62	62	(1) a physician licensed in this state; or
63	63	(2) a psychologist licensed in this state or certified
64	64	by the Health and Human Services Commission to perform the
65	65	examination, in accordance with rules adopted by the executive
66	66	commissioner of the commission governing examinations of that kind.
67	67	(b) The letter or certificate must:
68	68	(1) state, in the physician's or psychologist's
69	69	opinion, whether the ward has the capacity, or sufficient capacity
70	70	with supports and services, to do any of the activities listed in
71	71	Section 1202.152(b)(1);
72	72	(2) state how or in what manner the ward's ability to
73	73	make or communicate reasonable decisions concerning himself or
74	74	herself is affected by the ward's mental capacity;
75	75	(3) include any other information required by the
76	76	court; and
77	77	(4) be dated within the period prescribed by Section
78	78	1202.152(a)(1) or (2).
79	79	(c) The physician or psychologist who provides a letter or
80	80	certificate under this section must preferably have experience
81	81	examining individuals with an intellectual disability. For
82	82	purposes of this subsection, a physician or psychologist is
83	83	considered to have experience examining individuals with an
84	84	intellectual disability if the physician or psychologist has an
85	85	established patient-provider relationship with the ward.
86	86	SECTION 4. Section 1202.155, Estates Code, is amended to
87	87	read as follows:
88	88	Sec. 1202.155. ADDITIONAL REQUIREMENTS FOR ORDER RESTORING
89	89	WARD'S CAPACITY. If the court finds that a ward is no longer an
90	90	incapacitated person, the order completely restoring the ward's
91	91	capacity must contain findings of fact and specify, in addition to
92	92	the information required by Section 1202.154:
93	93	(1) that the ward is no longer an incapacitated
94	94	person;
95	95	(2) that there is no further need for a guardianship of
96	96	the person or estate of the ward;
97	97	(3) [if the ward's incapacity resulted from a mental
98	98	condition, that the ward's mental capacity is completely restored;
99	99	[(4)] that the guardian is required to:
100	100	(A) immediately settle the guardianship in
101	101	accordance with this title; and
102	102	(B) deliver all of the remaining guardianship
103	103	estate to the ward; and
104	104	(4) [(5)] that the clerk shall revoke letters of
105	105	guardianship when the guardianship is finally settled and closed.
106	106	SECTION 5. The changes in law made by this Act apply only to
107	107	an application for the appointment of a guardian, for the complete
108	108	restoration of a ward's capacity, or for the modification of a
109	109	guardianship, as applicable, that is filed on or after the
110	110	effective date of this Act. An application filed before the
111	111	effective date of this Act is governed by the law in effect on the
112	112	date the application was filed, and the former law is continued in
113	113	effect for that purpose.
114	114	SECTION 6. This Act takes effect September 1, 2023.
115	115	______________________________ ______________________________
116	116	President of the Senate Speaker of the House
117	117	I hereby certify that S.B. No. 1606 passed the Senate on
118	118	April 25, 2023, by the following vote: Yeas 30, Nays 0.
119	119	______________________________
120	120	Secretary of the Senate
121	121	I hereby certify that S.B. No. 1606 passed the House on
122	122	May 24, 2023, by the following vote: Yeas 131, Nays 7, one
123	123	present not voting.
124	124	______________________________
125	125	Chief Clerk of the House
126	126	Approved:
127	127	______________________________
128	128	Date
129	129	______________________________
130	130	Governor