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.