HBA-GUM, KMH H.B. 2166 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2166 By: Naishtat Judicial Affairs 7/7/1999 Enrolled BACKGROUND AND PURPOSE The Department of Protective and Regulatory Services (DPRS) is appointed as guardian in many counties in cases that do not involve abuse, neglect, or exploitation. DPRS is also continuing to serve in many guardianship cases that no longer involve a threat of abuse, neglect, or exploitation. These appointments are expending DPRS resources that can be utilized for emergency situations involving abuse, neglect, or exploitation where guardianship would be a better solution. Use of DPRS as a full-service guardianship program is more expensive to the state than promoting the growth of local guardianship programs, which many counties have yet to develop. Dependence on DPRS may lead courts to believe that their counties do not need local guardianship programs. H.B. 2166 creates Section 695A (Successor Guardians for Wards of Guardianship Programs or Governmental Entities), Probate Code, to require guardianship programs and governmental entities appointed as guardians to notify the appropriate court if they become aware that certain persons are willing and able to serve as a successor guardian. 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 695A, as follows: Sec. 695A. SUCCESSOR GUARDIANS FOR WARDS OF GUARDIANSHIP PROGRAMS OR GOVERNMENTAL ENTITIES. (a) Requires a guardianship program (program) or governmental entity (entity) to notify the court in which a guardianship is pending of certain individuals' willingness and ability to serve as a ward's successor guardian if a program or entity serving as a guardian for a ward under this chapter (Guardianship) becomes aware of a person willing and able to serve in this capacity. (b) Requires the court to determine whether the proposed successor guardian is qualified to serve under this chapter as the ward's successor guardian when the court is notified of such a person willing and able to serve as a successor guardian under this section. (c) Authorizes the program, entity, or the court, on the court's own motion, to file an application to appoint the individual as the ward's successor guardian, if the proposed successor guardian is not disqualified from appointment under Section 681 (Persons Disqualified to Serve as Guardians) and the appointment is in the ward's best interest. Requires service of notice on an application filed under this subsection to be made as directed by the court. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.