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


Office of House Bill AnalysisH.B. 2164
By: Naishtat
Judicial Affairs
4/22/1999
Introduced



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.  Currently, the
parent or loved one may not file for such guardianships until the
eighteenth birthday of the potential ward.  The time it takes to process
the application for guardianship, typically one to two months, creates a
short, but potentially 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), Probate Code, within 61 days of the
child's 18th birthday, in instances where a child has severe or profound
mental retardation prior to reaching the age of majority which requires a
guardianship. 

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, Probate Code, by adding
Section 682A, as follows: 

Sec.  682A.  APPLICATION FOR APPOINTMENT OF A GUARDIAN FOR CERTAIN PERSONS.
Authorizes a person to file an application under Section 682 (Application;
Contents) of this code for the appointment of a guardian of the person or
estate, or both, of the proposed ward if a minor is a person who because of
severe and profound mental retardation, requires a guardianship after the
ward is no longer a minor.  Provides that the guardianship of a minor who
is the subject of an application for the appointment of a guardian filed
under this section is settled and closed when the court makes a final
determination regarding the application, notwithstanding Sections 694(b)
(Term of Appointment of Guardian) and 745(a) (Closing Guardianships of the
Estate), Probate Code. 

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

SECTION 3.  Emergency clause.