S.B. No. 1606
AN ACT
relating to evidence and orders regarding intellectual disability
or mental condition in certain guardianship proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1101.104, Estates Code, is amended to
read as follows:
Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING
INTELLECTUAL DISABILITY. (a) If an intellectual disability is the
basis of the proposed ward's alleged incapacity, the court may not
grant an application to create a guardianship for the proposed ward
unless the applicant presents to the court a written letter or
certificate that:
(1) complies with Sections 1101.103(a) and (b); or
(2) shows that not earlier than 24 months before the
hearing date:
(A) the proposed ward has been examined by a
physician or psychologist licensed in this state or certified by
the Health and Human [Department of Aging and Disability] Services
Commission to perform the examination, in accordance with rules of
the executive commissioner of the commission [Health and Human
Services Commission] governing examinations of that kind, and the
physician's or psychologist's written findings and recommendations
include a determination of an intellectual disability; or
(B) a physician or psychologist licensed in this
state or certified by the Health and Human [Department of Aging and
Disability] Services Commission to perform examinations described
by Paragraph (A) updated or endorsed in writing a prior
determination of an intellectual disability for the proposed ward
made by a physician or psychologist licensed in this state or
certified by the commission [department].
(b) A physician or psychologist described by Subsection
(a)(2)(A) must preferably have experience examining individuals
with an intellectual disability. For purposes of this subsection,
a physician or psychologist is considered to have experience
examining individuals with an intellectual disability if the
physician or psychologist has an established patient-provider
relationship with the proposed ward.
SECTION 2. Section 1202.152(a), Estates Code, is amended to
read as follows:
(a) Except as provided by Section 1202.1521, the [The] court
may not grant an order completely restoring a ward's capacity or
modifying a ward's guardianship under an application filed under
Section 1202.051 unless the applicant presents to the court a
written letter or certificate from a physician licensed in this
state that is dated:
(1) not earlier than the 120th day before the date the
application was filed; or
(2) after the date the application was filed but
before the date of the hearing.
SECTION 3. Subchapter D, Chapter 1202, Estates Code, is
amended by adding Section 1202.1521 to read as follows:
Sec. 1202.1521. LETTER OR CERTIFICATE: REQUIREMENTS IF
ALLEGED INCAPACITY BASED ON INTELLECTUAL DISABILITY. (a) If an
intellectual disability is the basis of a ward's alleged
incapacity, instead of the letter or certificate required under
Section 1202.152(a), the court shall, subject to Subsection (c),
consider a written letter or certificate the applicant presents
from:
(1) a physician licensed in this state; or
(2) a psychologist licensed in this state or certified
by the Health and Human Services Commission to perform the
examination, in accordance with rules adopted by the executive
commissioner of the commission governing examinations of that kind.
(b) The letter or certificate must:
(1) state, in the physician's or psychologist's
opinion, whether the ward has the capacity, or sufficient capacity
with supports and services, to do any of the activities listed in
Section 1202.152(b)(1);
(2) state how or in what manner the ward's ability to
make or communicate reasonable decisions concerning himself or
herself is affected by the ward's mental capacity;
(3) include any other information required by the
court; and
(4) be dated within the period prescribed by Section
1202.152(a)(1) or (2).
(c) The physician or psychologist who provides a letter or
certificate under this section must preferably have experience
examining individuals with an intellectual disability. For
purposes of this subsection, a physician or psychologist is
considered to have experience examining individuals with an
intellectual disability if the physician or psychologist has an
established patient-provider relationship with the ward.
SECTION 4. Section 1202.155, Estates Code, is amended to
read as follows:
Sec. 1202.155. ADDITIONAL REQUIREMENTS FOR ORDER RESTORING
WARD'S CAPACITY. If the court finds that a ward is no longer an
incapacitated person, the order completely restoring the ward's
capacity must contain findings of fact and specify, in addition to
the information required by Section 1202.154:
(1) that the ward is no longer an incapacitated
person;
(2) that there is no further need for a guardianship of
the person or estate of the ward;
(3) [if the ward's incapacity resulted from a mental
condition, that the ward's mental capacity is completely restored;
[(4)] that the guardian is required to:
(A) immediately settle the guardianship in
accordance with this title; and
(B) deliver all of the remaining guardianship
estate to the ward; and
(4) [(5)] that the clerk shall revoke letters of
guardianship when the guardianship is finally settled and closed.
SECTION 5. The changes in law made by this Act apply only to
an application for the appointment of a guardian, for the complete
restoration of a ward's capacity, or for the modification of a
guardianship, as applicable, that is filed on or after the
effective date of this Act. An application filed before the
effective date of this Act is governed by the law in effect on the
date the application was filed, and the former law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1606 passed the Senate on
April 25, 2023, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1606 passed the House on
May 24, 2023, by the following vote: Yeas 131, Nays 7, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor