Bill Text: TX HB2463 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the contents of a court order appointing a guardian of the person of a ward.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred directly to subcommittee by chair [HB2463 Detail]
Download: Texas-2013-HB2463-Introduced.html
83R10301 CLG-F | ||
By: Thompson of Brazoria | H.B. No. 2463 |
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relating to the contents of a court order appointing a guardian of | ||
the person of a ward. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1101.151, Estates Code, as effective | ||
January 1, 2014, is amended by amending Subsection (b) and adding | ||
Subsection (c) to read as follows: | ||
(b) An order appointing a guardian under this section must | ||
contain findings of fact and specify: | ||
(1) the information required by Section 1101.153(a); | ||
(2) that the guardian has full authority over the | ||
incapacitated person; | ||
(3) if necessary, the amount of funds from the corpus | ||
of the person's estate the court will allow the guardian to spend | ||
for the education and maintenance of the person under Subchapter A, | ||
Chapter 1156; | ||
(4) whether the person is totally incapacitated | ||
because of a mental condition; [ |
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(5) that the person does not have the capacity to | ||
operate a motor vehicle and to vote in a public election; and | ||
(6) if it is a guardianship of the person of the ward | ||
or of both the person and the estate of the ward, the rights of the | ||
guardian with respect to the person as specified in Section | ||
1151.051(c)(1). | ||
(c) An order appointing a guardian under this section that | ||
includes the rights of the guardian with respect to the person as | ||
specified in Section 1151.051(c)(1) must also contain the following | ||
prominently displayed statement in boldfaced type, in capital | ||
letters, or underlined: | ||
"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY | ||
USE REASONABLE EFFORTS TO ENFORCE THE RIGHT OF A GUARDIAN OF THE | ||
PERSON OF A WARD TO HAVE PHYSICAL POSSESSION OF THE WARD OR TO | ||
ESTABLISH THE WARD'S LEGAL DOMICILE AS SPECIFIED IN THIS ORDER. A | ||
PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE | ||
OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST | ||
ANY CIVIL OR OTHER CLAIM REGARDING THE OFFICER'S GOOD FAITH ACTS | ||
PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE | ||
TERMS OF THIS ORDER THAT RELATE TO THE ABOVE-MENTIONED RIGHTS OF THE | ||
COURT-APPOINTED GUARDIAN OF THE PERSON OF THE WARD. ANY PERSON WHO | ||
KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO | ||
LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY | ||
CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS | ||
$10,000." | ||
SECTION 2. Section 1101.152, Estates Code, as effective | ||
January 1, 2014, is amended by adding Subsection (c) to read as | ||
follows: | ||
(c) An order appointing a guardian under this section that | ||
includes the right of the guardian to have physical possession of | ||
the ward or to establish the ward's legal domicile as specified in | ||
Section 1151.051(c)(1) must also contain the following prominently | ||
displayed statement in boldfaced type, in capital letters, or | ||
underlined: | ||
"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY | ||
USE REASONABLE EFFORTS TO ENFORCE THE RIGHT OF A GUARDIAN OF THE | ||
PERSON OF A WARD TO HAVE PHYSICAL POSSESSION OF THE WARD OR TO | ||
ESTABLISH THE WARD'S LEGAL DOMICILE AS SPECIFIED IN THIS ORDER. A | ||
PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE | ||
OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST | ||
ANY CIVIL OR OTHER CLAIM REGARDING THE OFFICER'S GOOD FAITH ACTS | ||
PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE | ||
TERMS OF THIS ORDER THAT RELATE TO THE ABOVE-MENTIONED RIGHTS OF THE | ||
COURT-APPOINTED GUARDIAN OF THE PERSON OF THE WARD. ANY PERSON WHO | ||
KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO | ||
LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY | ||
CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS | ||
$10,000." | ||
SECTION 3. This Act takes effect January 1, 2014. |