HBA-JLV H.B. 2716 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2716
By: Maxey
Judicial Affairs
4/19/2001
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes the filing of an application for guardianship of an
incapacitated person nearing that person's 18th birth date.  While the law
was intended to allow time for the application and hearing to occur prior
to the proposed ward's 18th birth date, the 60 days currently in the
statutes is not a sufficient time period in courts with crowded dockets.
If the guardianship is not ordered on or before the 18th birth date, the
individual may not have a designated person for decision making and
protection.  House Bill 2716 extends the time period from not earlier than
the 60th day to not earlier than the 180th day before the proposed ward's
18th birthday with regard to when a person may file an application for the
appointment of a guardian of an incapacitated minor and ensures that the
guardianship does not take effect until the ward's 18th birthday.  

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. 

ANALYSIS

House Bill 2716 amends the Texas Probate Code to extend the time period
from not earlier than the 60th day to not earlier than the 180th day before
the proposed ward's 18th birthday with regard to when a person is
authorized to file an application for guardianship of an incapacitated
minor.  If the application is heard before the proposed ward's 18th
birthday, the bill prohibits a guardianship from taking effect and
prohibits the appointed guardian from giving a bond or taking an oath until
the proposed ward's 18th birthday. 

EFFECTIVE DATE

September 1, 2001.