Texas 2023 - 88th Regular

Texas Senate Bill SB1624 Compare Versions

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1	1	S.B. No. 1624
2	2
3	3
4	4	AN ACT
5	5	relating to guardianships and services for incapacitated persons
6	6	and to the emergency detention of certain persons with mental
7	7	illness.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1054.001, Estates Code, is amended to
10	10	read as follows:
11	11	Sec. 1054.001. APPOINTMENT OF ATTORNEY AD LITEM IN
12	12	PROCEEDING FOR APPOINTMENT OF GUARDIAN. In a proceeding under this
13	13	title for the appointment of a guardian, the court shall appoint an
14	14	attorney ad litem to represent the proposed ward's interests,
15	15	including the proposed ward's expressed wishes.
16	16	SECTION 2. Section 1054.003, Estates Code, is amended to
17	17	read as follows:
18	18	Sec. 1054.003. ACCESS TO RECORDS. An attorney ad litem
19	19	appointed under Section 1054.001 or an attorney retained by a ward
20	20	or proposed ward under Section 1054.006 or 1202.103 shall be
21	21	provided copies of all of the current records in the guardianship
22	22	case. The attorney ad litem or retained attorney may have access to
23	23	all of the proposed ward's relevant medical, psychological, and
24	24	intellectual testing records.
25	25	SECTION 3. Section 1054.006, Estates Code, is amended to
26	26	read as follows:
27	27	Sec. 1054.006. REPRESENTATION OF WARD OR PROPOSED WARD BY
28	28	ATTORNEY. (a) A ward or proposed ward [The following persons] may
29	29	at any time retain an attorney who holds a certificate required by
30	30	Subchapter E to represent the ward's or proposed ward's [person's]
31	31	interests, including the ward's or proposed ward's expressed
32	32	wishes, in a guardianship proceeding, including a proceeding
33	33	involving the complete restoration of the ward's capacity or
34	34	modification of the ward's guardianship, instead of having those
35	35	interests represented by an attorney ad litem appointed under
36	36	Section 1054.001, Section 1202.101, or another provision of this
37	37	title[:
38	38	[(1) a ward who retains the power to enter into a
39	39	contract under the terms of the guardianship, subject to Section
40	40	1202.103; and
41	41	[(2) a proposed ward for purposes of a proceeding for
42	42	the appointment of a guardian as long as the proposed ward has
43	43	capacity to contract].
44	44	(b) Subject to Subsection (c), if a ward or proposed ward
45	45	has retained an attorney under Subsection (a), [If] the court shall
46	46	[finds that the ward or the proposed ward has capacity to contract,
47	47	the court may] remove an attorney ad litem appointed under Section
48	48	1054.001, Section 1202.101, or any other provision of this title
49	49	that requires the court to appoint an attorney ad litem to represent
50	50	the interests of a ward or proposed ward and appoint a ward or a
51	51	proposed ward's retained counsel.
52	52	(c) On the motion of a party to a guardianship proceeding or
53	53	on the court's own motion, the court may hold a hearing on the ward's
54	54	or proposed ward's capacity to retain an attorney under Subsection
55	55	(a). The burden of proof is on the party motioning the court. If
56	56	the court finds by a preponderance of evidence that the ward or
57	57	proposed ward does not understand the guardianship proceeding or
58	58	the purpose for which the attorney was retained, the court may
59	59	appoint an attorney ad litem under Section 1054.001, Section
60	60	1202.101, or another provision of this title.
61	61	(d) An attorney retained by a ward or proposed ward under
62	62	this section must represent the ward's or proposed ward's
63	63	interests, including the ward's or proposed ward's expressed
64	64	wishes.
65	65	SECTION 4. Section 1054.007, Estates Code, is amended by
66	66	adding Subsection (c) to read as follows:
67	67	(c) An attorney ad litem appointed for a ward or proposed
68	68	ward under this title shall represent the ward's or proposed ward's
69	69	interests, including the ward's or proposed ward's expressed
70	70	wishes.
71	71	SECTION 5. Section 1054.051, Estates Code, is amended to
72	72	read as follows:
73	73	Sec. 1054.051. APPOINTMENT OF GUARDIAN AD LITEM IN
74	74	GUARDIANSHIP PROCEEDING. (a) Subject to Subsection (b), the [The]
75	75	judge may appoint a guardian ad litem to represent the interests of
76	76	an incapacitated person in a guardianship proceeding.
77	77	(b) A person appointed as a guardian ad litem may not be:
78	78	(1) an interested person, as defined by Section
79	79	1002.018(1); or
80	80	(2) an attorney ad litem appointed for the
81	81	guardianship proceeding except as provided by Section 1054.052,
82	82	1202.101, or 1203.051.
83	83	SECTION 6. Subchapter D, Chapter 1054, Estates Code, is
84	84	amended by adding Section 1054.157 to read as follows:
85	85	Sec. 1054.157. REQUIRED TRAINING. At least once every two
86	86	years, a court investigator and a court visitor shall complete two
87	87	hours of training, including one hour of training on alternatives
88	88	to guardianship and supports and services available to a proposed
89	89	ward in accordance with Section 22.0133, Government Code.
90	90	SECTION 7. Section 1101.103, Estates Code, is amended to
91	91	read as follows:
92	92	Sec. 1101.103. DETERMINATION OF INCAPACITY OF CERTAIN
93	93	ADULTS: PHYSICIAN OR PSYCHOLOGIST EXAMINATION. (a) Except as
94	94	provided by Section 1101.104, the court may not grant an
95	95	application to create a guardianship for an incapacitated person,
96	96	other than a minor or person for whom it is necessary to have a
97	97	guardian appointed only to receive funds from a governmental
98	98	source, unless the applicant presents to the court a written letter
99	99	or certificate from:
100	100	(1) a physician licensed in this state, if the
101	101	proposed ward's alleged incapacity results from a physical
102	102	condition or mental condition; or
103	103	(2) a psychologist licensed in this state or certified
104	104	by the Health and Human Services Commission to perform the
105	105	examination, in accordance with rules adopted by the executive
106	106	commissioner of the commission governing examinations of that kind,
107	107	if the proposed ward's alleged incapacity results from a mental
108	108	condition.
109	109	(a-1) The physician or psychologist who provides the letter
110	110	or certificate under Subsection (a) must:
111	111	(1) have experience examining individuals with the
112	112	physical or mental condition resulting in the proposed ward's
113	113	alleged incapacity; or
114	114	(2) have an established patient-provider relationship
115	115	with the proposed ward.
116	116	(a-2) The letter or certificate required by Subsection (a)
117	117	must be [that is]:
118	118	(1) dated not earlier than the 120th day before the
119	119	date the application is filed; and
120	120	(2) based on an examination the physician or
121	121	psychologist performed not earlier than the 120th day before the
122	122	date the application is filed.
123	123	(b) A [The] letter or certificate from a physician must:
124	124	(1) describe the nature, degree, and severity of the
125	125	proposed ward's incapacity, including any functional deficits
126	126	regarding the proposed ward's ability to:
127	127	(A) handle business and managerial matters;
128	128	(B) manage financial matters;
129	129	(C) operate a motor vehicle;
130	130	(D) make personal decisions regarding residence,
131	131	voting, and marriage; and
132	132	(E) consent to medical, dental, psychological,
133	133	or psychiatric treatment;
134	134	(2) in providing a description under Subdivision (1)
135	135	regarding the proposed ward's ability to operate a motor vehicle
136	136	and make personal decisions regarding voting, state whether in the
137	137	physician's opinion the proposed ward:
138	138	(A) has the mental capacity to vote in a public
139	139	election; and
140	140	(B) has the ability to safely operate a motor
141	141	vehicle;
142	142	(3) provide an evaluation of the proposed ward's
143	143	physical condition and mental functioning and summarize the
144	144	proposed ward's medical history if reasonably available;
145	145	(3-a) in providing an evaluation under Subdivision
146	146	(3), state whether improvement in the proposed ward's physical
147	147	condition and mental functioning is possible and, if so, state the
148	148	period after which the proposed ward should be reevaluated to
149	149	determine whether a guardianship continues to be necessary;
150	150	(4) state how or in what manner the proposed ward's
151	151	ability to make or communicate responsible decisions concerning
152	152	himself or herself is affected by the proposed ward's physical or
153	153	mental health, including the proposed ward's ability to:
154	154	(A) understand or communicate;
155	155	(B) recognize familiar objects and individuals;
156	156	(C) solve problems;
157	157	(D) reason logically; and
158	158	(E) administer to daily life activities with and
159	159	without supports and services;
160	160	(5) state whether any current medication affects the
161	161	proposed ward's demeanor or the proposed ward's ability to
162	162	participate fully in a court proceeding;
163	163	(6) describe the precise physical and mental
164	164	conditions underlying a diagnosis of a mental disability, and state
165	165	whether the proposed ward would benefit from supports and services
166	166	that would allow the individual to live in the least restrictive
167	167	setting;
168	168	(6-a) state whether a guardianship is necessary for
169	169	the proposed ward and, if so, whether specific powers or duties of
170	170	the guardian should be limited if the proposed ward receives
171	171	supports and services; and
172	172	(7) include any other information required by the
173	173	court.
174	174	(b-1) Consistent with the scope of practice of a
175	175	psychologist under Chapter 501, Occupations Code, a letter or
176	176	certificate from a psychologist must include the information
177	177	required under Subsection (b) only in relation to the proposed
178	178	ward's mental capacity.
179	179	(c) If the court determines it is necessary, the court may
180	180	appoint a physician or psychologist [the necessary physicians] to
181	181	examine the proposed ward. The court must make its determination
182	182	with respect to the necessity for a physician's or psychologist's
183	183	examination of the proposed ward at a hearing held for that purpose.
184	184	Not later than the fourth day before the date of the hearing, the
185	185	applicant shall give to the proposed ward and the proposed ward's
186	186	attorney ad litem written notice specifying the purpose and the
187	187	date and time of the hearing.
188	188	(d) A physician or psychologist who examines the proposed
189	189	ward, other than a physician or psychologist who examines the
190	190	proposed ward under Section 1101.104(2), shall make available for
191	191	inspection by the attorney ad litem appointed to represent the
192	192	proposed ward a written letter or certificate from:
193	193	(1) the physician that complies with the requirements
194	194	of Subsections (a), (a-1), (a-2), and (b); or
195	195	(2) the psychologist that complies with the
196	196	requirements of Subsections (a), (a-1), (a-2), and (b-1).
197	197	SECTION 8. Section 1102.002, Estates Code, is amended to
198	198	read as follows:
199	199	Sec. 1102.002. ESTABLISHMENT OF PROBABLE CAUSE FOR
200	200	INVESTIGATION. To establish probable cause under Section 1102.001,
201	201	the court may require:
202	202	(1) an information letter about the person believed to
203	203	be incapacitated that is submitted by an interested person and
204	204	satisfies the requirements of Section 1102.003; or
205	205	(2) a written letter or certificate from a physician
206	206	or psychologist who has examined the person believed to be
207	207	incapacitated that satisfies the requirements of Section 1101.103,
208	208	except that the letter must be:
209	209	(A) dated not earlier than the 120th day before
210	210	the date of the appointment of a guardian ad litem or court
211	211	investigator under Section 1102.001; and
212	212	(B) based on an examination the physician or
213	213	psychologist performed not earlier than the 120th day before that
214	214	date.
215	215	SECTION 9. Section 1151.351(b), Estates Code, is amended to
216	216	read as follows:
217	217	(b) Unless limited by a court or otherwise restricted by
218	218	law, a ward is authorized to the following:
219	219	(1) to have a copy of the guardianship order and
220	220	letters of guardianship and contact information for the probate
221	221	court that issued the order and letters;
222	222	(2) to have a guardianship that encourages the
223	223	development or maintenance of maximum self-reliance and
224	224	independence in the ward with the eventual goal, if possible, of
225	225	self-sufficiency;
226	226	(3) to be treated with respect, consideration, and
227	227	recognition of the ward's dignity and individuality;
228	228	(4) to reside and receive support services in the most
229	229	integrated setting, including home-based or other community-based
230	230	settings, as required by Title II of the Americans with
231	231	Disabilities Act (42 U.S.C. Section 12131 et seq.);
232	232	(5) to consideration of the ward's current and
233	233	previously stated personal preferences, desires, medical and
234	234	psychiatric treatment preferences, religious beliefs, living
235	235	arrangements, and other preferences and opinions;
236	236	(6) to financial self-determination for all public
237	237	benefits after essential living expenses and health needs are met
238	238	and to have access to a monthly personal allowance;
239	239	(7) to receive timely and appropriate health care and
240	240	medical treatment that does not violate the ward's rights granted
241	241	by the constitution and laws of this state and the United States;
242	242	(8) to exercise full control of all aspects of life not
243	243	specifically granted by the court to the guardian;
244	244	(9) to control the ward's personal environment based
245	245	on the ward's preferences;
246	246	(10) to complain or raise concerns regarding the
247	247	guardian or guardianship to the court, including living
248	248	arrangements, retaliation by the guardian, conflicts of interest
249	249	between the guardian and service providers, or a violation of any
250	250	rights under this section;
251	251	(11) to receive notice in the ward's native language,
252	252	or preferred mode of communication, and in a manner accessible to
253	253	the ward, of a court proceeding to continue, modify, or terminate
254	254	the guardianship and the opportunity to appear before the court to
255	255	express the ward's preferences and concerns regarding whether the
256	256	guardianship should be continued, modified, or terminated;
257	257	(12) to have a court investigator or guardian ad litem
258	258	appointed by the court to investigate a complaint received by the
259	259	court from the ward or any person about the guardianship;
260	260	(13) to participate in social, religious, and
261	261	recreational activities, training, employment, education,
262	262	habilitation, and rehabilitation of the ward's choice in the most
263	263	integrated setting;
264	264	(14) to self-determination in the substantial
265	265	maintenance, disposition, and management of real and personal
266	266	property after essential living expenses and health needs are met,
267	267	including the right to receive notice and object about the
268	268	substantial maintenance, disposition, or management of clothing,
269	269	furniture, vehicles, and other personal effects;
270	270	(15) to personal privacy and confidentiality in
271	271	personal matters, subject to state and federal law;
272	272	(16) to unimpeded, private, and uncensored
273	273	communication and visitation with persons of the ward's choice,
274	274	except that if the guardian determines that certain communication
275	275	or visitation causes substantial harm to the ward:
276	276	(A) the guardian may limit, supervise, or
277	277	restrict communication or visitation, but only to the extent
278	278	necessary to protect the ward from substantial harm; and
279	279	(B) the ward may request a hearing to remove any
280	280	restrictions on communication or visitation imposed by the guardian
281	281	under Paragraph (A);
282	282	(17) to petition the court and retain counsel of the
283	283	ward's choice who holds a certificate required by Subchapter E,
284	284	Chapter 1054, to represent the ward's interest for capacity
285	285	restoration, modification of the guardianship, the appointment of a
286	286	different guardian, or for other appropriate relief under this
287	287	subchapter, including a transition to a supported decision-making
288	288	agreement, except as limited by Section 1054.006;
289	289	(18) to vote in a public election, marry, and retain a
290	290	license to operate a motor vehicle, unless restricted by the court;
291	291	(19) to personal visits from the guardian or the
292	292	guardian's designee at least once every three months, but more
293	293	often, if necessary, unless the court orders otherwise;
294	294	(20) to be informed of the name, address, phone
295	295	number, and purpose of Disability Rights Texas, an organization
296	296	whose mission is to protect the rights of, and advocate for, persons
297	297	with disabilities, and to communicate and meet with representatives
298	298	of that organization;
299	299	(21) to be informed of the name, address, phone
300	300	number, and purpose of an independent living center, an area agency
301	301	on aging, an aging and disability resource center, and the local
302	302	mental health and intellectual and developmental disability
303	303	center, and to communicate and meet with representatives from these
304	304	agencies and organizations;
305	305	(22) to be informed of the name, address, phone
306	306	number, and purpose of the Judicial Branch Certification Commission
307	307	and the procedure for filing a complaint against a certified
308	308	guardian;
309	309	(23) to contact the Department of Family and
310	310	Protective Services to report abuse, neglect, exploitation, or
311	311	violation of personal rights without fear of punishment,
312	312	interference, coercion, or retaliation;
313	313	(24) to have the guardian, on appointment and on
314	314	annual renewal of the guardianship, explain the rights delineated
315	315	in this subsection in the ward's native language, or preferred mode
316	316	of communication, and in a manner accessible to the ward; [and]
317	317	(25) to make decisions related to sexual assault
318	318	crisis services, including consenting to a forensic medical
319	319	examination and treatment, authorizing the collection of forensic
320	320	evidence, consenting to the release of evidence contained in an
321	321	evidence collection kit and disclosure of related confidential
322	322	information, and receiving counseling and other support services;
323	323	and
324	324	(26) to have private communications with the ward's
325	325	physicians or other medical professionals, unless the court, after
326	326	a hearing requested by the ward's guardian, orders the private
327	327	communications to be limited due to:
328	328	(A) the risk of substantial harm to the ward; or
329	329	(B) the communications being unduly burdensome
330	330	to the physician or medical professional.
331	331	SECTION 10. Section 1163.101, Estates Code, is amended by
332	332	amending Subsection (c) and adding Subsection (d) to read as
333	333	follows:
334	334	(c) The guardian of the person shall file a sworn affidavit
335	335	that contains:
336	336	(1) the guardian's current name, address, and
337	337	telephone number;
338	338	(2) the ward's date of birth and current name, address,
339	339	telephone number, and age;
340	340	(3) a description of the type of home in which the ward
341	341	resides, which shall be described as:
342	342	(A) the ward's own home;
343	343	(B) a nursing home;
344	344	(C) a guardian's home;
345	345	(D) a foster home;
346	346	(E) a boarding home;
347	347	(F) a relative's home, in which case the
348	348	description must specify the relative's relationship to the ward;
349	349	(G) a hospital or medical facility; or
350	350	(H) another type of residence;
351	351	(4) statements indicating:
352	352	(A) the length of time the ward has resided in the
353	353	present home;
354	354	(B) the reason for a change in the ward's
355	355	residence, if a change in the ward's residence has occurred in the
356	356	past year;
357	357	(C) the date the guardian most recently saw the
358	358	ward;
359	359	(D) how frequently the guardian has seen the ward
360	360	in the past year;
361	361	(E) whether the guardian has possession or
362	362	control of the ward's estate;
363	363	(F) whether the ward's mental health has
364	364	improved, deteriorated, or remained unchanged during the past year,
365	365	including a description of the change if a change has occurred;
366	366	(G) whether the ward's physical health has
367	367	improved, deteriorated, or remained unchanged during the past year,
368	368	including a description of the change if a change has occurred;
369	369	(H) whether the ward has regular medical care;
370	370	[and]
371	371	(I) the ward's treatment or evaluation by any of
372	372	the following persons during the past year, including the person's
373	373	name and a description of the treatment:
374	374	(i) a physician;
375	375	(ii) a psychiatrist, psychologist, or other
376	376	mental health care provider;
377	377	(iii) a dentist;
378	378	(iv) a social or other caseworker; or
379	379	(v) any other individual who provided
380	380	treatment; and
381	381	(J) supports and services the ward has received
382	382	or is currently receiving, as described by Subsection (d);
383	383	(5) a description of the ward's activities during the
384	384	past year, including recreational, educational, social, and
385	385	occupational activities, or a statement that no activities were
386	386	available or that the ward was unable or refused to participate in
387	387	activities;
388	388	(6) the guardian's evaluation of:
389	389	(A) the ward's living arrangements as excellent,
390	390	average, or below average, including an explanation if the
391	391	conditions are below average;
392	392	(B) whether the ward is content or unhappy with
393	393	the ward's living arrangements; and
394	394	(C) unmet needs of the ward;
395	395	(7) a statement indicating whether the guardian's
396	396	power should be increased, decreased, or unaltered, including an
397	397	explanation if a change is recommended;
398	398	(8) a statement indicating that the guardian has paid
399	399	the bond premium for the next reporting period;
400	400	(9) if the guardian is a private professional
401	401	guardian, a guardianship program, or the Health and Human Services
402	402	Commission, whether the guardian or an individual certified under
403	403	Subchapter C, Chapter 155, Government Code, who is providing
404	404	guardianship services to the ward and who is filing the affidavit on
405	405	the guardian's behalf, is or has been the subject of an
406	406	investigation conducted by the Judicial Branch Certification
407	407	Commission during the preceding year; and
408	408	(10) any additional information the guardian desires
409	409	to share with the court regarding the ward, including:
410	410	(A) whether the guardian has filed for emergency
411	411	detention of the ward under Subchapter A, Chapter 573, Health and
412	412	Safety Code; and
413	413	(B) if applicable, the number of times the
414	414	guardian has filed for emergency detention and the dates of the
415	415	applications for emergency detention.
416	416	(d) The statements in the sworn affidavit regarding the
417	417	ward's supports and services under Subsection (c)(4)(J) must
418	418	include:
419	419	(1) information regarding actions the guardian is
420	420	taking to encourage the development of the ward's maximum
421	421	self-reliance and independence;
422	422	(2) a list of all the supports and services the ward is
423	423	currently receiving, including whether the ward:
424	424	(A) has a representative payee;
425	425	(B) receives services from a local mental health
426	426	authority or local intellectual and developmental disability
427	427	authority;
428	428	(C) receives any supports and services under
429	429	Medicaid, including under a Medicaid waiver program authorized
430	430	under Section 1915(c) of the federal Social Security Act (42 U.S.C.
431	431	Section 1396n); and
432	432	(D) receives any supports and services
433	433	informally;
434	434	(3) where the ward receives the supports and services
435	435	described by Subdivision (2);
436	436	(4) who provides the supports and services described
437	437	by Subdivision (2);
438	438	(5) a list of the supports and services the ward
439	439	previously received or attempted to receive and why the support or
440	440	service was discontinued or not received; and
441	441	(6) the guardian's opinion on whether the ward has the
442	442	capacity or sufficient capacity with supports and services for
443	443	complete restoration of the ward's capacity or modification of the
444	444	guardianship under Chapter 1202 or the reasons why the ward does not
445	445	have the capacity or sufficient capacity with supports and services
446	446	for complete restoration of the ward's capacity or modification of
447	447	the guardianship under Chapter 1202.
448	448	SECTION 11. Section 1201.052, Estates Code, is amended to
449	449	read as follows:
450	450	Sec. 1201.052. ANNUAL DETERMINATION; HEARING. (a) To
451	451	determine whether a guardianship should be continued, modified, or
452	452	terminated, the court in which the guardianship proceeding is
453	453	pending:
454	454	(1) shall review annually each guardianship in which
455	455	the application to create the guardianship was filed after
456	456	September 1, 1993; and
457	457	(2) may review annually any other guardianship.
458	458	(b) A court in which the guardianship proceeding is pending
459	459	may conduct a hearing under this section.
460	460	SECTION 12. Section 1201.053, Estates Code, is amended to
461	461	read as follows:
462	462	Sec. 1201.053. METHOD OF DETERMINATION. (a) In reviewing a
463	463	guardianship under Section 1201.052, a statutory probate court
464	464	shall review any [may]:
465	465	(1) [review any] report prepared by:
466	466	(A) a court investigator under Section 1054.153
467	467	or 1202.054;
468	468	(B) a guardian ad litem under Section 1202.054;
469	469	or
470	470	(C) a court visitor under Section 1054.104;
471	471	(2) [conduct a hearing; or
472	472	[(3) review an] annual account prepared under
473	473	Subchapter A, Chapter 1163; and
474	474	(3) [, or a ] report prepared under Subchapter C,
475	475	Chapter 1163.
476	476	(a-1) Unless a court orders that a report be completed more
477	477	frequently, if a report described by Subsection (a)(1) is required
478	478	under Section 1054.153 or 1054.104, the court investigator or court
479	479	visitor, as appropriate, shall prepare an additional report
480	480	described by Subsection (a)(1) every three years beginning on the
481	481	date the original letters of guardianship are issued.
482	482	(a-2) Before preparing an additional report under
483	483	Subsection (a-1), the court investigator or court visitor, as
484	484	appropriate, shall:
485	485	(1) meet with the ward in person, using necessary and
486	486	appropriate communication supports;
487	487	(2) present the bill of rights for wards under Section
488	488	1151.351 to the ward in the ward's preferred language and manner of
489	489	communication;
490	490	(3) document the ward's statement of guardianship, as
491	491	described by Subsection (a-3); and
492	492	(4) document the supports and services currently
493	493	available to the ward and whether the guardian's rights and powers
494	494	can be limited because a less restrictive alternative to
495	495	guardianship is appropriate.
496	496	(a-3) The ward's statement of guardianship:
497	497	(1) must include:
498	498	(A) whether the ward desires a full restoration
499	499	of the ward's capacity or modification of the ward's guardianship;
500	500	and
501	501	(B) any other information the ward wishes to
502	502	share with the court; and
503	503	(2) may be in the form of:
504	504	(A) a written statement made by the ward and
505	505	filed with the court by the court investigator or court visitor
506	506	preparing the report;
507	507	(B) a verbal statement made to the court
508	508	investigator or court visitor, as applicable, that is documented in
509	509	writing and filed with the court by the person receiving the
510	510	statement; or
511	511	(C) a verbal or written statement made by the
512	512	ward during a hearing either in person or remotely through other
513	513	means.
514	514	(b) A court that is not a statutory probate court:
515	515	(1) shall review:
516	516	(A) any account prepared under Subchapter A,
517	517	Chapter 1163; and
518	518	(B) any report prepared under Subchapter C,
519	519	Chapter 1163 or Subsection (a-1); and
520	520	(2) may use any other method to review a guardianship
521	521	under Section 1201.052 that is determined appropriate by the court
522	522	according to the court's caseload and available resources.
523	523	SECTION 13. Section 1202.101, Estates Code, is amended to
524	524	read as follows:
525	525	Sec. 1202.101. APPOINTMENT OF ATTORNEY AD LITEM. (a)
526	526	Unless the ward retains an attorney under Section 1202.103, the
527	527	[The] court shall appoint an attorney ad litem to represent a ward
528	528	in a proceeding for the complete restoration of the ward's capacity
529	529	or for the modification of the ward's guardianship. Unless
530	530	otherwise provided by the court, the attorney ad litem shall
531	531	represent the ward only for purposes of the restoration or
532	532	modification proceeding. The attorney ad litem shall represent the
533	533	ward's interests, including the ward's expressed wishes.
534	534	(b) The attorney ad litem has an attorney-client
535	535	relationship with the ward the attorney ad litem is appointed to
536	536	represent under this section.
537	537	SECTION 14. The heading to Section 1202.152, Estates Code,
538	538	is amended to read as follows:
539	539	Sec. 1202.152. [PHYSICIAN'S] LETTER OR CERTIFICATE
540	540	REQUIRED.
541	541	SECTION 15. Section 1202.152, Estates Code, is amended by
542	542	amending Subsections (a) and (c) and adding Subsections (a-1),
543	543	(a-2), and (a-3) to read as follows:
544	544	(a) Subject to Section 1202.1521, the applicant must
545	545	present to the court and the [The] court shall consider a written
546	546	letter or certificate as evidence of capacity, or sufficient
547	547	capacity with supports and services, at a hearing under Section
548	548	1202.151 from:
549	549	(1) a physician licensed in this state, if the ward's
550	550	incapacity resulted from a physical condition or mental condition;
551	551	or
552	552	(2) a psychologist licensed in this state or certified
553	553	by the Health and Human Services Commission to perform the
554	554	examination, in accordance with rules adopted by the executive
555	555	commissioner of the commission governing examinations of that kind,
556	556	if the ward's incapacity resulted from a mental condition.
557	557	(a-1) The physician or psychologist who provides the letter
558	558	or certificate under Subsection (a) must:
559	559	(1) have experience examining individuals with the
560	560	physical or mental condition resulting in the ward's incapacity; or
561	561	(2) have an established patient-provider relationship
562	562	with the ward.
563	563	(a-2) The letter or certificate required by Subsection (a)
564	564	must be:
565	565	(1) signed by the physician or psychologist; and
566	566	(2) dated:
567	567	(A) not earlier than the 120th day before the
568	568	date the application was filed; or
569	569	(B) after the date the application was filed but
570	570	before the date of the hearing.
571	571	(a-3) The court may consider the following evidence of
572	572	capacity, or sufficient capacity with supports and services, at a
573	573	hearing under Section 1202.151:
574	574	(1) a statement from a representative of the local
575	575	mental health authority or the local intellectual and developmental
576	576	disability authority listing services received by the ward and the
577	577	effectiveness of those services;
578	578	(2) medical records;
579	579	(3) affidavits of treating professionals regarding
580	580	the effectiveness of supports and services the ward is receiving;
581	581	(4) documentation from a health care provider
582	582	providing supports or services to the ward under Medicaid,
583	583	including a Medicaid waiver program authorized under Section
584	584	1915(c) of the federal Social Security Act (42 U.S.C. Section
585	585	1396n);
586	586	(5) an affidavit of the ward's employer or day
587	587	habilitation program manager regarding the ward's ability to
588	588	perform the necessary tasks;
589	589	(6) documentation from the United States Social
590	590	Security Administration identifying the ward's representative
591	591	payee; or
592	592	(7) any other evidence demonstrating the ward's
593	593	capacity [may not grant an order completely restoring a ward's
594	594	capacity or modifying a ward's guardianship under an application
595	595	filed under Section 1202.051 unless the applicant presents to the
596	596	court a written letter or certificate from a physician licensed in
597	597	this state that is dated:
598	598	[(1) not earlier than the 120th day before the date the
599	599	application was filed; or
600	600	[(2) after the date the application was filed but
601	601	before the date of the hearing].
602	602	(c) If the court determines it is necessary, the court shall
603	603	[may] appoint a physician or psychologist to complete an
604	604	examination of the ward. The physician or psychologist must be
605	605	chosen by the ward, provided, however, that if the ward makes no
606	606	choice, the ward's physician or psychologist of choice is not
607	607	available, or additional information is needed or required after an
608	608	examination by the ward's physician or psychologist of choice, the
609	609	court may appoint the necessary physicians or psychologists to
610	610	examine the ward. A physician appointed by the court must examine
611	611	the ward in the same manner and to the same extent as a ward is
612	612	examined by a physician under Section 1101.103 or 1101.104.
613	613	SECTION 16. Subchapter D, Chapter 1202, Estates Code, is
614	614	amended by adding Section 1202.1521 to read as follows:
615	615	Sec. 1202.1521. PHYSICIAN'S LETTER OR CERTIFICATE:
616	616	REQUIREMENT IF ALLEGED INCAPACITY BASED ON INTELLECTUAL
617	617	DISABILITY. If an intellectual disability is the basis of a ward's
618	618	alleged incapacity, the written letter or certificate presented
619	619	under Section 1202.152(a), instead of containing the information
620	620	required by Section 1202.152(b), must:
621	621	(1) state, in the physician's or psychologist's
622	622	opinion, whether the ward has the capacity, or sufficient capacity
623	623	with supports and services, to do any of the activities listed in
624	624	Section 1202.152(b)(1);
625	625	(2) state how or in what manner the ward's ability to
626	626	make or communicate reasonable decisions concerning himself or
627	627	herself is affected by the ward's mental capacity; and
628	628	(3) include any other information required by the
629	629	court.
630	630	SECTION 17. Subchapter A, Chapter 22, Government Code, is
631	631	amended by adding Section 22.0133 to read as follows:
632	632	Sec. 22.0133. JUDICIAL, COURT INVESTIGATOR, AND COURT
633	633	VISITOR TRAINING RELATED TO GUARDIANSHIPS. The supreme court, in
634	634	consultation with the Judicial Branch Certification Commission,
635	635	shall ensure that at least one hour of training related to
636	636	alternatives to guardianships and supports and services that are
637	637	available to a proposed ward is provided to each judge with
638	638	jurisdiction to hear a guardianship proceeding, each court
639	639	investigator appointed under Section 1054.156, Estates Code, and
640	640	each court visitor appointed under Section 1054.103, Estates Code,
641	641	at least once every two years.
642	642	SECTION 18. Section 573.012, Health and Safety Code, is
643	643	amended by amending Subsections (a), (e), and (h) and adding
644	644	Subsections (h-2) and (h-3) to read as follows:
645	645	(a) Except as provided by Subsection (h), an applicant for
646	646	emergency detention must present the application personally to a
647	647	judge or magistrate. The judge or magistrate shall examine the
648	648	application and may interview the applicant. Except as provided by
649	649	Subsections [Subsection] (g) and (h), the judge of a court with
650	650	probate jurisdiction by administrative order may provide that the
651	651	application must be:
652	652	(1) presented personally to the court; or
653	653	(2) retained by court staff and presented to another
654	654	judge or magistrate as soon as is practicable if the judge of the
655	655	court is not available at the time the application is presented.
656	656	(e) A person apprehended under this section who is not
657	657	physically located in a mental health facility at the time the
658	658	warrant is issued under Subsection (h-1) shall be transported for a
659	659	preliminary examination in accordance with Section 573.021 to:
660	660	(1) the nearest appropriate inpatient mental health
661	661	facility; or
662	662	(2) a mental health facility deemed suitable by the
663	663	local mental health authority, if an appropriate inpatient mental
664	664	health facility is not available.
665	665	(h) A judge or magistrate shall [may] permit an applicant
666	666	who is a physician to present an application by:
667	667	(1) e-mail with the application attached as a secure
668	668	document in a portable document format (PDF); or
669	669	(2) another secure electronic means, including:
670	670	(A) satellite transmission;
671	671	(B) closed-circuit television transmission; or
672	672	(C) any other method of two-way electronic
673	673	communication that:
674	674	(i) is secure;
675	675	(ii) is available to the judge or
676	676	magistrate; and
677	677	(iii) provides for a simultaneous,
678	678	compressed full-motion video and interactive communication of
679	679	image and sound between the judge or magistrate and the applicant.
680	680	(h-2) A facility may detain a person who is physically
681	681	located in the facility to perform a preliminary examination in
682	682	accordance with Section 573.021 if:
683	683	(1) a judge or magistrate transmits a warrant to the
684	684	facility under Subsection (h-1) for the detention of the person;
685	685	and
686	686	(2) the person is not under an order under this chapter
687	687	or Chapter 574.
688	688	(h-3) The Office of Court Administration of the Texas
689	689	Judicial System shall develop and implement a process for an
690	690	applicant for emergency detention to electronically present the
691	691	application under Subsection (h) and for a judge or magistrate to
692	692	electronically transmit a warrant under Subsection (h-1).
693	693	SECTION 19. Sections 1202.054(b-1) and (d), Estates Code,
694	694	are repealed.
695	695	SECTION 20. (a) Except as otherwise provided by this
696	696	section, the changes in law made by this Act apply to:
697	697	(1) a guardianship created before, on, or after the
698	698	effective date of this Act; and
699	699	(2) a guardianship proceeding that is pending or
700	700	commenced on or after the effective date of this Act.
701	701	(b) The changes in law made by this Act to Section 1202.152,
702	702	Estates Code, apply only to a proceeding for the complete
703	703	restoration of capacity or modification of a guardianship commenced
704	704	on or after the effective date of this Act. A proceeding described
705	705	by this section commenced before the effective date of this Act is
706	706	governed by the law in effect on the date the proceeding was
707	707	commenced, and the former law is continued in effect for that
708	708	purpose.
709	709	(c) The changes in law made by this Act to Section 1101.103,
710	710	Estates Code, apply only to an application for the appointment of a
711	711	guardian that is filed on or after the effective date of this Act.
712	712	An application filed before the effective date of this Act is
713	713	governed by the law in effect on the date the application was filed,
714	714	and the former law is continued in effect for that purpose.
715	715	SECTION 21. (a) Not later than December 1, 2023, the Texas
716	716	Supreme Court shall adopt the rules necessary to provide the
717	717	training required under Section 22.0133, Government Code, as added
718	718	by this Act.
719	719	(b) Notwithstanding Section 22.0133, Government Code, as
720	720	added by this Act, a judge who is in office on the effective date of
721	721	this Act or a court investigator or court visitor described by
722	722	Section 22.0133, Government Code, as added by this Act, who is
723	723	appointed on or before the effective date of this Act must complete
724	724	the training required by Section 22.0133, Government Code, as added
725	725	by this Act, not later than December 1, 2025.
726	726	SECTION 22. The changes in law made by this Act apply to an
727	727	emergency detention under Chapter 573, Health and Safety Code, that
728	728	begins on or after the effective date of this Act. An emergency
729	729	detention under Chapter 573, Health and Safety Code, that begins
730	730	before the effective date of this Act is governed by the law as it
731	731	existed immediately before that date, and that law is continued in
732	732	effect for that purpose.
733	733	SECTION 23. As soon as practicable after the effective date
734	734	of this Act, the Office of Court Administration of the Texas
735	735	Judicial System shall develop the process as required by Section
736	736	573.012(h-3), Health and Safety Code, as added by this Act.
737	737	SECTION 24. This Act takes effect September 1, 2023.
738	738	______________________________ ______________________________
739	739	President of the Senate Speaker of the House
740	740	I hereby certify that S.B. No. 1624 passed the Senate on
741	741	May 2, 2023, by the following vote: Yeas 31, Nays 0; and that the
742	742	Senate concurred in House amendment on May 27, 2023, by the
743	743	following vote: Yeas 30, Nays 1.
744	744	______________________________
745	745	Secretary of the Senate
746	746	I hereby certify that S.B. No. 1624 passed the House, with
747	747	amendment, on May 24, 2023, by the following vote: Yeas 134,
748	748	Nays 4, one present not voting.
749	749	______________________________
750	750	Chief Clerk of the House
751	751	Approved:
752	752	______________________________
753	753	Date
754	754	______________________________
755	755	Governor