HBA-JLV H.B. 952 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 952
By: Naishtat
Judicial Affairs
7/2/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, Texas law did not provide an effective
system to recognize the transfer of a guardianship when a ward or the
ward's assets move to another jurisdiction.  Guardianships established in
one jurisdiction were generally not transferrable to another jurisdiction
and this caused the persons seeking guardianship to commence new
guardianship proceedings.  There were concerns that this is a burdensome,
time consuming, and expensive process.  House Bill 952 provides
requirements for the transfer of a guardianship to a foreign jurisdiction,
the receipt and acceptance of transferred guardianships, and the review of
transferred 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. 

ANALYSIS

House Bill 952 amends the Texas Probate Code to provide requirements for
the transfer of guardianship to a foreign jurisdiction and the receipt and
acceptance of foreign guardianship.  The bill authorizes a guardian of the
person or estate of a ward to apply with the court that has jurisdiction
over the guardianship to transfer the guardianship to a court in a foreign
jurisdiction if the ward has moved permanently or intends to move to the
foreign jurisdiction.  The bill requires that the application to transfer a
guardianship and the notice for the application for receipt and acceptance
of a foreign guardianship be served personally to the ward and to the
foreign court.  The bill requires the court to hold a hearing to consider
the application to transfer and requires the court to transfer the
guardianship to a foreign court if the court determines the transfer is in
the best interests of the ward. 

The bill requires the court with jurisdiction over the application filed on
the earliest date to hear the proceeding, and requires the court without
venue to hear the application to transfer the proceeding to the proper
court. 

The bill requires the court to determine that the proposed guardianship is
not a collateral attack on an existing or proposed guardianship, that the
application has been filed in the court most suited to consider the matter,
and to hold a hearing to consider the application for receipt and
acceptance of a foreign guardianship by the motion of the court, ward or
other interested person.  The court is required in accepting the
application, to give full faith and credit to the provisions of the foreign
guardianship order concerning the determination of the ward's incapacity
and the rights, powers, and duties of the guardian. 

The denial of an application for receipt and acceptance of a transfer of
guardianship to a foreign court does not affect the right of a guardian
appointed by a foreign court to file an application to be appointed
guardian of the incapacitated person. 

The bill requires the court to hold a hearing to consider modifying the
administrative procedures or requirements of the transferred guardianship
not later than the 90th day after the date a court grants an  application
for receipt and acceptance of a foreign guardianship. 

EFFECTIVE DATE

September 1, 2001.