HBA-ATS, KMH H.B. 2164 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2164
By: Naishtat
Judicial Affairs
6/4/1999
Enrolled



BACKGROUND AND PURPOSE 

When a child with severe or profound mental retardation becomes eighteen, a
parent or loved one of that child often files to become the official legal
guardian of the person and/or the estate for the child.  The parent or
loved one may not file for such guardianships until the eighteenth birthday
of the potential ward.  Prior to the 76th Legislature, the time it took to
process the application for guardianship, typically one to two months,
created a short, but problematic, gap in the ability of a caring adult to
protect and make decisions for the ward in question. 

H.B. 2164 authorizes a person to file an application for guardianship under
Section 682 (Application; Contents), Texas Probate Code, within 60 days of
the child's 18th birthday, if a minor is a person who, because of
incapacity, will require a guardianship after the ward is no longer a
minor. 

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 Subpart A, Part 3, Chapter XIII, Texas Probate Code, by
adding Section 682A, as follows: 

Sec.  682A.  APPLICATION FOR APPOINTMENT OF GUARDIAN FOR CERTAIN PERSONS.
Authorizes a person to file an application under Section 682 (Application;
Contents) of this code not earlier than the 60th day before a proposed
ward's 18th birthday for the appointment of a guardian of the person and/or
of the estate of the proposed ward if a minor is a person who, because of
incapacity, will require a guardianship after the ward is no longer a
minor.  Provides that the guardianship of the person of a minor who is the
subject of an application for the appointment of a guardian of the person
filed under this section is settled and closed when the court makes a
determination that the appointment of a guardian of the person is not
necessary or the guardian appointed has qualified under Section 699 (How
Guardians Qualify) of this code, notwithstanding Section 694(b) (Term of
Appointment of Guardian), of this code. 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.