HBA-SEB H.B. 3630 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3630 By: Naishtat Judicial Affairs 4/29/1999 Introduced BACKGROUND AND PURPOSE Currently, when a person applies for a legal guardianship for an incapacitated person, the applicant must be appointed as such by a court. As a result, the person incurs legal fees. Normally, a ward pays the legal fees for the applicant. If the ward is indigent, however, the applicant alone shoulders the legal fees. This may deter a person from applying for a legal guardianship. H.B. 3630 expands the authority of the Health and Human Services Commission (HHSC) to award grant money to potential guardians. This bill also requires a county clerk to send current information about private professional guardians to HHSC each year so that HHSC is able to maintain an up-to-date list of guardians. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Health and Human Services Commission is modified in SECTION 1 (Section 531.125, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 531.125, Government Code, to authorize the Health and Human Services Commission (HHSC), by rule, to award grants to a local guardianship program and a local legal guardianship program to enable low-income family members and friends to have legal representation in court if they are willing and able to be appointed guardians of proposed wards. Deletes existing text authorizing HHSC, by rule, to award grants to a local guardianship center to establish local volunteer guardianship programs. SECTION 2. Amends Section 697, Texas Probate Code, by amending Subsection (a) and adding Subsection (e), as follows: (a) Makes a nonsubstantive change. (e) Requires a county clerk, by February 1 of each year, to submit to HHSC the names and business addresses of private professional guardians who have satisfied the certification requirements under this section (Registration of Private Professional Guardians) during the preceding year. SECTION 3. Amends Section 698(a), Texas Probate Code, to require a county clerk having venue over the proceeding for the appointment of a guardian to obtain criminal history record information relating to each person employed by a private professional guardian who will have personal contact with a ward or proposed ward, exercise control over and manage a ward's estate, or perform any duties with respect to the management of a ward's estate. Makes conforming changes. SECTION 4. Makes application of the Sections 697(a) and 698(a), Texas Probate Code, as amended by this Act, prospective. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause.