HBA-ATS, LCA H.B. 2795 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2795 By: Naishtat Judicial Affairs 6/15/1999 Enrolled BACKGROUND AND PURPOSE Entities such as hospitals or nursing homes sometimes request that a court appoint Adult Protective Services (APS) as guardian for a person who is incapacitated, and for whom the responsible party is uncooperative or not readily ascertainable. When an applicant seeks to name a third party as guardian, the Department of Protective and Regulatory Services, which administers APS, has little time to determine whether APS or another entity would be appropriate as guardian. In most cases, APS is unfamiliar with the person's history, and must make medical and placement decisions with little or no knowledge of the person's background, circumstances, or specific needs. H.B. 2795 requires a citation to include the name of the person to be appointed guardian as provided in the application for guardianship, if that person is not the applicant. This bill also prohibits a temporary guardianship from being granted prior to a hearing if an applicant is not the proposed temporary guardian, unless the proposed temporary guardian appears in court. 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 633(b) and (c), Texas Probate Code, as follows: (b) Requires a citation issued under this section to include the name of the person to be appointed guardian as provided in the application for guardianship, if that person is not the applicant. (c) Makes a conforming change. SECTION 2. Amends Sections 875(e) and (f), Texas Probate Code, as follows: (e) Makes conforming changes. (f) Prohibits a temporary guardianship from being granted prior to a hearing under Subdivision (1) of this subsection if an applicant is not the proposed temporary guardian, unless the proposed temporary guardian appears in court. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.