HBA-GUM, SEB H.B. 3630 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3630
By: Naishtat
Judicial Affairs
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, when a person applied for a legal
guardianship for an incapacitated person, the applicant had to be appointed
as such by a court.  As a result, the person incurred legal fees.
Normally, a ward pays the legal fees for the applicant.  If the ward is
indigent, however, the applicant alone shouldered the legal fees.  That may
have deterred persons from applying for legal guardianship.  H.B. 3630
expands the authority of the Health and Human Services Commission (HHSC) to
award grant money to potential guardians.  This bill also requires a county
clerk to send current information about private professional guardians to
HHSC each year so that HHSC is able to maintain an up-to-date list of
guardians. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Health and Human Services Commission
is modified in SECTION 1 (Section 531.125, Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 531.125, Government Code, to authorize the
Health and Human Services Commission (HHSC), by rule, to award grants to a
local guardianship program and a local legal guardianship program to enable
low-income family members and friends to have legal representation in court
if they are willing and able to be appointed guardians of proposed wards
who are indigent.  Deletes existing text authorizing HHSC, by rule, to
award grants to a local guardianship center to establish local volunteer
guardianship programs.   

SECTION 2.  Amends Section 697, Texas Probate Code, by amending Subsection
(a) and adding Subsection (e), as follows: 

(a)  Makes a nonsubstantive change.

(e)  Requires a county clerk, by February 1 of each year, to submit to HHSC
the names and business addresses of private professional guardians who have
satisfied the certification requirements under this section (Registration
of Private Professional Guardians) during the preceding year. 

SECTION 3.  Amends Section 698(a), Texas Probate Code, to require a county
clerk having venue over the proceeding for the appointment of a guardian to
obtain criminal history record information relating to each person employed
by a private professional guardian who will have personal contact with a
ward or proposed ward, exercise control over and manage a ward's estate, or
perform any duties with respect to the management of a ward's estate.
Makes conforming changes. 

SECTION 4.  Makes application of the Sections 697(a) and 698(a), Texas
Probate Code, as amended by this Act, prospective.   

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.