HBA-GUM, KMH H.B. 2166 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2166
By: Naishtat
Judicial Affairs
7/7/1999
Enrolled



BACKGROUND AND PURPOSE 

The Department of Protective and Regulatory Services (DPRS) is appointed as
guardian in many counties in cases that do not involve abuse, neglect, or
exploitation.  DPRS is also continuing to serve in many guardianship cases
that no longer involve a threat of  abuse, neglect, or exploitation. These
appointments are expending DPRS resources that can be utilized for
emergency situations involving  abuse, neglect, or exploitation where
guardianship would be a better solution.  Use of DPRS as a full-service
guardianship program is more expensive to the state than promoting the
growth of local guardianship programs, which many counties have yet to
develop.  Dependence on DPRS may lead courts to believe that their counties
do not need local guardianship programs. 

H.B. 2166 creates Section 695A (Successor Guardians for Wards of
Guardianship Programs or Governmental Entities), Probate Code, to require
guardianship programs and governmental entities appointed as guardians to
notify the appropriate court if they become aware that certain persons are
willing and able to serve as a successor guardian. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subpart A, Part 3, Chapter XIII, Probate Code, by adding
Section 695A, as follows: 

Sec.  695A.  SUCCESSOR GUARDIANS FOR WARDS OF GUARDIANSHIP PROGRAMS OR
GOVERNMENTAL ENTITIES.  (a) Requires a guardianship program (program) or
governmental entity (entity) to notify the court in which a guardianship is
pending of certain individuals' willingness and ability to serve as a
ward's successor guardian if a program or entity serving as a guardian for
a ward under this chapter (Guardianship) becomes aware of a person willing
and able to serve in this capacity. 

(b) Requires the court to determine whether the proposed successor guardian
is qualified to serve under this chapter as the ward's successor guardian
when the court is notified of such a person willing and able to serve as a
successor guardian under this section. 

(c) Authorizes the program, entity, or the court, on the court's own
motion, to file an application to appoint the individual as the ward's
successor guardian, if the proposed successor guardian is not disqualified
from appointment under Section 681 (Persons Disqualified to Serve as
Guardians) and the appointment is in the ward's best interest. Requires
service of notice on an application filed under this subsection to be made
as directed by the court. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3.  Emergency clause.