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.