HBA-KMH H.B. 2166 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2166 By: Naishtat Judicial Affairs 4/22/1999 Introduced 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 leads courts to believe that their counties do not need local guardianship programs. H.B. 2166 creates Section 690A (Interim Guardians), Probate Code, to clarify that DPRS is intended to be appointed as an interim guardian. This bill also amends Section 48.0215 (Guardianships), Human Resource Code, to further clarify DPRS' role in guardianships. 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 Sections 48.0125(a), (b), and (d), Human Resources Code, (probably Sections 48.0215(a), (b), and (d), Human Resources Code, referring to Guardianships) to provide that the sections refer to the appointment of an interim guardian, rather than the appointment of a guardian. Makes conforming changes. SECTION 2. Amends Subpart A, Part 3, Chapter XIII, Probate Code, by adding Section 690A, as follows: Sec. 690A. INTERIM GUARDIANS. Provides that the Department of Protective and Regulatory Services (DPRS), if appointed as guardian of the person or estate, or both, of a ward under Section 682 (Application; Contents) or 875 (Temporary Guardian--Procedure), Probate Code, is considered an interim guardian and serves as guardian in accordance with this code and Section 48.0215, Human Resources Code, until a successor guardian is appointed by the court. Authorizes the court to appoint as successor guardian a guardianship program serving the area in which the ward is located or a family member, friend, or any other interested person who is willing and able to serve and is not disqualified from serving as the ward's guardian. Subjects interim guardianships to the provisions of this chapter (Guardianship). SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.