HBA-KMH H.B. 2166 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2166
By: Naishtat
Judicial Affairs
4/22/1999
Introduced



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 leads courts to believe that their counties do
not need local guardianship programs. 

H.B. 2166 creates Section 690A (Interim Guardians), Probate Code, to
clarify that DPRS is intended to be appointed as an interim guardian.  This
bill also amends Section 48.0215 (Guardianships), Human Resource Code, to
further clarify DPRS' role in guardianships. 

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 Sections 48.0125(a), (b), and (d), Human Resources Code,
(probably Sections 48.0215(a), (b), and (d), Human Resources Code,
referring to Guardianships) to provide that the sections refer to the
appointment of an interim guardian, rather than the appointment of a
guardian. Makes conforming changes. 

SECTION 2.  Amends Subpart A, Part 3, Chapter XIII, Probate Code, by adding
Section 690A, as follows: 

Sec.  690A.  INTERIM GUARDIANS.  Provides that the Department of Protective
and Regulatory Services (DPRS), if appointed as guardian of the person or
estate, or both, of a ward under Section 682 (Application; Contents) or 875
(Temporary Guardian--Procedure), Probate Code, is considered an interim
guardian and serves as guardian in accordance with this code and Section
48.0215, Human Resources Code, until a successor guardian is appointed by
the court.  Authorizes the court to appoint as successor guardian a
guardianship program serving the area in which the ward is located or a
family member, friend, or any other interested person who is willing and
able to serve and is not disqualified from serving as the ward's guardian.
Subjects interim guardianships to the provisions of this chapter
(Guardianship). 

SECTION 3.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 4.  Emergency clause.