Bill Text: TX HB4562 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to parental administrations for certain incapacitated adults; authorizing a fee; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-23 - Withdrawn from schedule [HB4562 Detail]

Download: Texas-2019-HB4562-Introduced.html
  86R538 KFF-F
 
  By: Metcalf H.B. No. 4562
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to parental administrations for certain incapacitated
  adults; authorizing a fee; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. PARENTAL ADMINISTRATION
         SECTION 1.01.  Section 1002.0015, Estates Code, is amended
  to read as follows:
         Sec. 1002.0015.  ALTERNATIVES TO GUARDIANSHIP.
  "Alternatives to guardianship" includes the:
               (1)  execution of a medical power of attorney under
  Chapter 166, Health and Safety Code;
               (2)  appointment of an attorney in fact or agent under a
  durable power of attorney as provided by Subtitle P, Title 2;
               (3)  execution of a declaration for mental health
  treatment under Chapter 137, Civil Practice and Remedies Code;
               (4)  appointment of a representative payee to manage
  public benefits;
               (5)  establishment of a joint bank account;
               (6)  creation of a management trust under Chapter 1301;
               (7)  creation of a special needs trust;
               (8)  designation of a guardian before the need arises
  under Subchapter E, Chapter 1104; [and]
               (9)  establishment of alternate forms of
  decision-making based on person-centered planning; and
               (10)  appointment of a parental administrator under
  Chapter 1359.
         SECTION 1.02.  Section 1002.002, Estates Code, is amended to
  read as follows:
         Sec. 1002.002.  ATTORNEY AD LITEM. "Attorney ad litem"
  means an attorney appointed by a court to represent and advocate on
  behalf of:
               (1)  a proposed ward, an incapacitated person, an
  unborn person, or another person described by Section 1054.007 in a
  guardianship proceeding; or
               (2)  a proposed incapacitated adult, as defined by
  Section 1359.0001, in a proceeding for a parental administration
  under Chapter 1359.
         SECTION 1.03.  Subchapter A, Chapter 1202, Estates Code, is
  amended by adding Section 1202.004 to read as follows:
         Sec. 1202.004.  TERMINATION OF GUARDIANSHIP OF THE PERSON ON
  CREATION OF PARENTAL ADMINISTRATION. (a) On the application of a
  parent, as defined by Section 1359.0001, a court with jurisdiction
  over a guardianship of the person may:
               (1)  terminate the guardianship if the court finds that
  it is in the best interests of the ward to be treated as a proposed
  incapacitated adult under Chapter 1359; and
               (2)  appoint a parental administrator of the
  incapacitated adult under that chapter.
         (b)  The ward's legal and civil rights and powers are
  restored on termination of the guardianship and creation of a
  parental administration under this section.
         SECTION 1.04.  Section 1002.013, Estates Code, is amended to
  read as follows:
         Sec. 1002.013.  GUARDIAN AD LITEM. "Guardian ad litem"
  means a person appointed by a court to represent the best interests
  of an incapacitated person in a guardianship or parental
  administration proceeding.
         SECTION 1.05.  Section 1002.017, Estates Code, is amended to
  read as follows:
         Sec. 1002.017.  INCAPACITATED PERSON. "Incapacitated
  person" means:
               (1)  a minor;
               (2)  an adult who, because of a physical or mental
  condition, is substantially unable to:
                     (A)  provide food, clothing, or shelter for
  himself or herself;
                     (B)  care for the person's own physical health; or
                     (C)  manage the person's own financial affairs; or
               (3)  a person who must have a guardian or parental
  administrator, as defined by Section 1359.0001, appointed for the
  person to receive funds due the person from a governmental source.
         SECTION 1.06.  Subtitle I, Title 3, Estates Code, is amended
  by adding Chapter 1359 to read as follows:
  CHAPTER 1359. PARENTAL ADMINISTRATION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 1359.0001.  DEFINITIONS. (a) In this chapter:
               (1)  "Incapacitated adult" means a person who is 18
  years of age or older and who is an incapacitated person as that
  term is defined by Section 1002.017.
               (2)  "Parent" has the meaning assigned by Section
  1002.022, except that the term includes a person who was appointed
  the conservator of a child under Chapter 153, Family Code.
               (3)  "Parental administrator" means a person appointed
  as a parental administrator under Section 1359.0108.
               (4)  "Proposed incapacitated adult" means a person
  alleged in a parental administration proceeding under this chapter
  to be an incapacitated adult.
         (b)  To the extent a definition of a term provided by this
  chapter conflicts with the definition of that term provided by
  Chapter 1002, the definition provided by this chapter prevails in
  this chapter.
         Sec. 1359.0002.  JURISDICTION AND VENUE. (a) Except as
  otherwise provided by this section, a proceeding for the
  appointment of a parental administrator must be brought in the
  county in which the proposed incapacitated adult resides or is
  located on the date the application is filed.
         (b)  Subject to Subsection (d) or (e), if two or more courts
  have concurrent venue of a parental administration proceeding or if
  at least one court has venue of a guardianship proceeding and
  another court has venue of a parental administration proceeding
  respecting the same incapacitated adult or proposed incapacitated
  adult, the court in which an application for parental
  administration or guardianship, as applicable, is initially filed,
  has and retains venue over the proceeding.
         (c)  If a parental administration proceeding is commenced in
  more than one county or if a parental administration proceeding is
  commenced in one county and a guardianship proceeding is commenced
  in another county respecting the same incapacitated adult or
  proposed incapacitated adult, the proceeding shall be stayed except
  in the county in which a proceeding was initially commenced until
  final determination of proper venue is made by the court in the
  county in which a proceeding was initially commenced. A proceeding
  is considered commenced by the filing of an application alleging
  facts sufficient to confer venue.
         (d)  If a guardianship exists for a proposed incapacitated
  adult, the court in the county in which the guardianship is pending
  has jurisdiction and venue of the parental administration
  application to the exclusion of any other court.
         (e)  Notwithstanding Sections 1023.001 and 1023.002, if a
  parental administration proceeding exists for a proposed ward, the
  court in the county in which the parental administration is pending
  has venue and jurisdiction of the guardianship proceeding to the
  exclusion of any other court.
         Sec. 1359.0003.  TRANSFER OF PARENTAL ADMINISTRATION TO
  ANOTHER COUNTY. (a) When a parental administrator or any other
  person desires to transfer the parental administration from one
  county to another, the person shall file a written application in
  the court in which the parental administration is pending stating
  the reason for the transfer.
         (b)  With notice as provided by Section 1359.0004, the court
  in which a parental administration is pending, on the court's own
  motion, may transfer the parental administration to another county
  if the incapacitated adult resides in the county to which the
  parental administration is to be transferred.
         Sec. 1359.0004.  NOTICE. If an application is filed by a
  person other than the parental administrator or if a court made a
  motion to transfer a parental administration, the parental
  administrator shall be cited by personal service to appear and show
  cause why the parental administration should not be transferred.
         Sec. 1359.0005.  COURT ACTION. On hearing of an application
  or motion under this subchapter, if good cause is not shown to deny
  the transfer and it appears that transfer of the parental
  administration is in the best interests of the incapacitated adult,
  the court shall enter an order authorizing the transfer on payment
  of all accrued costs of court.
         Sec. 1359.0006.  PRO SE REPRESENTATION. Notwithstanding any
  other law, the applicant who files a parental administration
  application may appear pro se before the court in all parental
  administration proceedings.
  SUBCHAPTER B. FILING AND RECORDKEEPING
         Sec. 1359.0051.  RECORDKEEPING REQUIREMENTS. (a) The
  county clerk shall maintain a record book titled "Judge's Parental
  Administration Docket" and shall record in the book:
               (1)  the name of each person with respect to whom a
  proceeding is commenced or sought to be commenced;
               (2)  the name of the parental administrator or of each
  applicant for parental administration;
               (3)  the date each original application for a parental
  administration proceeding is filed;
               (4)  a notation of each order, judgment, decree, and
  proceeding that occurs in each parental administration, including
  the date it occurs; and
               (5)  the docket number of each parental administration
  as assigned under Subsection (b).
         (b)  The county clerk shall assign a docket number to each
  parental administration in the order a proceeding is commenced.
         (c)  The county clerk shall maintain a record book titled
  "Parental Administration Fee Book" and shall record in the book
  each item of cost that accrues to the officers of the court and any
  witness fees. Each record entry must include:
               (1)  the party to whom the cost or fee is due;
               (2)  the date the cost or fee accrued;
               (3)  the party liable for the cost or fee; and
               (4)  the date the cost or fee is paid.
         Sec. 1359.0052.  ALTERNATE RECORDKEEPING. Instead of
  maintaining the record books described by Section 1359.0051, the
  county clerk may maintain the information described by that section
  relating to a person's parental administration proceeding:
               (1)  on a computer file;
               (2)  on microfilm;
               (3)  in the form of a digitized optical image; or
               (4)  in another similar form of data compilation.
         Sec. 1359.0053.  FILING PROCEDURES. (a) An application for
  a parental administration proceeding or a complaint, petition, or
  other paper permitted or required by law to be filed with a court in
  a parental administration proceeding must be filed with the county
  clerk of the appropriate county.
         (b)  Each paper filed in a parental administration
  proceeding must be given the docket number assigned to the parental
  administration.
         (c)  On receipt of a paper described by Subsection (a), the
  county clerk shall:
               (1)  file the paper; and
               (2)  endorse on the paper:
                     (A)  the date the paper is filed;
                     (B)  the docket number; and
                     (C)  the clerk's official signature.
         Sec. 1359.0054.  CASE FILES. (a) The county clerk shall
  maintain a case file for each person's filed parental
  administration proceeding.
         (b)  Each case file must contain each order, judgment,
  decree, and proceeding of the court and any other parental
  administration filing with the court, including each:
               (1)  application for the granting of parental
  administration;
               (2)  citation and notice, whether published or posted,
  including the return on the citation or notice;
               (3)  exhibit; and
               (4)  report.
         Sec. 1359.0055.  INDEX. (a) The county clerk shall properly
  index the records required under this chapter.
         (b)  The county clerk shall keep the index open for public
  inspection but may not release the index from the clerk's custody.
  SUBCHAPTER C. APPOINTMENT OF PARENTAL ADMINISTRATOR
         Sec. 1359.0101.  PARENTAL ADMINISTRATOR. One or both
  parents of a proposed incapacitated adult may in accordance with
  this chapter seek appointment as a parental administrator of that
  adult with the rights and duties granted under this chapter.
         Sec. 1359.0102.  APPLICATION. (a) One or both parents of a
  proposed incapacitated adult may commence a proceeding for the
  appointment of a parental administrator by filing a written
  application in a court having jurisdiction and venue.
         (b)  Subject to Section 1359.0103, the application must be
  sworn to by the applicant and must state:
               (1)  the proposed incapacitated adult's name, sex, date
  of birth, and address;
               (2)  the name, relationship, and address of the
  applicant seeking to be appointed as parental administrator;
               (3)  a description of the nature of the proposed
  incapacitated adult's alleged incapacity;
               (4)  whether the proposed incapacitated adult is
  totally or partially without capacity to care for himself or
  herself;
               (5)  the facts requiring the appointment of a parental
  administrator;
               (6)  the nature and description of any existing
  guardianship of the proposed incapacitated adult;
               (7)  whether the proposed incapacitated adult was the
  subject of a guardianship proceeding and, if so, the name of the
  guardian;
               (8)  the name of the proposed incapacitated adult's
  spouse, if any, and the spouse's address or a statement that the
  spouse is deceased;
               (9)  the names of the proposed incapacitated adult's
  other parent if that parent is not an applicant and that parent's
  address or a statement that the parent is deceased;
               (10)  the name and age of each of the proposed
  incapacitated adult's siblings, if any, and, for each sibling, the
  sibling's address or a statement that the sibling is deceased; and
               (11)  a statement of facts showing that the proposed
  incapacitated adult is a resident of the county in which the
  proceeding is brought.
         Sec. 1359.0103.  CONFIDENTIALITY OF CERTAIN ADDRESSES. An
  application filed under Section 1359.0102 or 1359.0552 may omit the
  address of a person named in the application if:
               (1)  the application states that the person is
  protected by a protective order issued under Chapter 85, Family
  Code;
               (2)  a copy of the protective order is attached to the
  application as an exhibit;
               (3)  the application states the county in which the
  person resides;
               (4)  the application indicates the place where notice
  to or the issuance and service of citation on the person may be made
  or sent; and
               (5)  the application is accompanied by a request for an
  order under Section 1051.201 specifying the manner of issuance,
  service, and return of citation or notice on the person.
         Sec. 1359.0104.  SERVICE AND NOTICE. (a) The citation and
  the application filed under this chapter shall be personally served
  on the proposed incapacitated adult by a sheriff, a constable, or a
  process server certified under Chapter 156, Government Code.
         (b)  Notice shall be given by certified mail, return receipt
  requested, to:
               (1)  a guardian of the proposed incapacitated adult, if
  applicable, unless the guardian is the applicant; and
               (2)  each other person named under Section
  1359.0102(b)(8), (9), or (10).
         (c)  The applicant shall file with the court:
               (1)  a copy of any notice required by Subsection (b) and
  the proof of delivery of the notice; and
               (2)  for each notice, an affidavit sworn to by the
  applicant or the applicant's attorney stating:
                     (A)  that the notice was mailed as required by
  Subsection (b); and
                     (B)  the name of the person to whom the notice was
  mailed, if the person's name is not shown on the proof of delivery.
         (d)  A person who is entitled to receive notice under
  Subsection (b) may, by writing filed with the clerk, waive the
  receipt of notice either in person or through an attorney ad litem.
         Sec. 1359.0105.  CHANGE OR RESIGNATION OF RESIDENT AGENT. A
  resident agent for a parental administrator may be declared or
  changed or may resign in the same manner as a resident agent for a
  guardian under Chapter 1057.
         Sec. 1359.0106.  SUBMISSION OF CRIMINAL HISTORY RECORD
  INFORMATION BY PROPOSED PARENTAL ADMINISTRATOR. (a) Not later than
  the 10th day before the date of the hearing to appoint a parental
  administrator, the applicant shall submit to the clerk a copy of the
  person's criminal history record information that the person
  obtains not earlier than the 30th day before the date of the hearing
  from:
               (1)  the Department of Public Safety; or
               (2)  the Federal Bureau of Investigation.
         (b)  Criminal history record information obtained or
  provided under this section is privileged and confidential and is
  for the exclusive use of the court. The criminal history record
  information may not be released or otherwise disclosed to any
  person or agency except on court order or consent of the person
  being investigated.
         (c)  The court shall use the information obtained under this
  section only in determining whether to appoint the applicant to
  serve as a parental administrator.
         (d)  The county clerk may destroy the criminal history record
  information after the information is used for the purposes
  authorized by this section.
         Sec. 1359.0107.  GROUNDS FOR DISQUALIFICATION. A person may
  not be appointed or act as a parental administrator if the person:
               (1)  is a minor or other incapacitated person;
               (2)  is incapable of properly and prudently managing
  and controlling the proposed incapacitated adult because of
  inexperience, lack of education, or other good reason;
               (3)  is found by the court to be unsuitable;
               (4)  has engaged in conduct that is notoriously bad,
  including having been finally convicted of:
                     (A)  any sexual offense, including sexual
  assault, aggravated sexual assault, and prohibited sexual conduct;
                     (B)  aggravated assault;
                     (C)  injury to a child, elderly individual, or
  individual with a disability;
                     (D)  abandoning or endangering a child;
                     (E)  terroristic threat; or
                     (F)  continuous violence against the family of the
  proposed incapacitated adult;
               (5)  is a party or the child of a parent who is a party
  to a suit concerning or affecting the welfare of the proposed
  incapacitated adult, unless the court:
                     (A)  determines that the claim of the person who
  has applied to be appointed parental administrator is not in
  conflict with the claim of the proposed incapacitated adult; or
                     (B)  appoints a guardian ad litem to represent the
  interests of the proposed incapacitated adult while the suit is
  pending;
               (6)  is indebted to the proposed incapacitated adult,
  unless the person pays the debt before appointment;
               (7)  asserts a claim adverse to the proposed
  incapacitated adult or the proposed incapacitated adult's
  property;
               (8)  is disqualified in a written and signed
  declaration made by the proposed incapacitated adult at a time
  during which the proposed incapacitated adult had capacity; or
               (9)  is a nonresident who has failed to file with the
  court the name of a resident agent to accept service of process in
  all actions or proceedings relating to the parental administration.
         Sec. 1359.0108.  ORDER APPOINTING PARENTAL ADMINISTRATOR.
  (a) If it is found that the proposed incapacitated adult lacks the
  capacity to do some, but not all, of the tasks necessary to care for
  himself or herself or to manage his or her property with or without
  supports and services, the court may appoint one or more parental
  administrators. The court may, subject to Section 1359.0401,
  assign the parental administrator only those powers and duties
  necessary to promote and protect the well-being of the
  incapacitated adult.
         (b)  The order appointing a parental administrator must:
               (1)  specify the specific powers, limitations, and
  duties of the parental administrator, which may include:
                     (A)  the right to have physical possession of the
  incapacitated adult and to establish the incapacitated adult's
  legal domicile;
                     (B)  the duty to provide care, supervision, and
  protection for the incapacitated adult;
                     (C)  the duty to provide the incapacitated adult
  with clothing, food, medical care, and shelter;
                     (D)  the power to consent to medical, psychiatric,
  and surgical treatment of the incapacitated adult;
                     (E)  the power to establish a trust in accordance
  with 42 U.S.C. Section 1396p(d)(4)(B) and direct that the income of
  the incapacitated adult as defined by that section be paid directly
  to the trust, solely for the purpose of the incapacitated adult's
  eligibility for medical assistance under Chapter 32, Human
  Resources Code;
                     (F)  the power to sign documents necessary or
  appropriate to facilitate employment of the incapacitated adult;
                     (G)  the power to receive funds for the
  incapacitated adult from a government source;
                     (H)  the power to obtain insurance and communicate
  with insurance issuers on behalf of the incapacitated adult;
                     (I)  the power to file suit on behalf of the
  incapacitated adult; and
                     (J)  other powers as determined necessary by the
  court;
               (2)  specify that the specific powers, limitations, and
  duties of the parental administrator are subordinate to the rights
  and powers of the incapacitated adult;
               (3)  state the name of each parent appointed;
               (4)  state the name of the incapacitated adult; and
               (5)  if in response to an application filed under
  Section 1202.004, terminate the existing guardianship of the
  incapacitated adult.
         (c)  If the order appointing a parental administrator under
  this section includes the right of the parental administrator to
  have physical possession of the incapacitated adult or to establish
  the incapacitated adult's legal domicile, the order 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 PARENTAL ADMINISTRATOR
  OF AN INCAPACITATED ADULT TO HAVE PHYSICAL POSSESSION OF THE
  INCAPACITATED ADULT OR TO ESTABLISH THE INCAPACITATED ADULT'S LEGAL
  DOMICILE AS SPECIFIED IN THIS ORDER UNLESS OBJECTED TO BY THE
  INCAPACITATED ADULT. 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 PARENTAL
  ADMINISTRATOR OF THE INCAPACITATED ADULT. 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."
         (d)  The order appointing the parental administrator may
  not:
               (1)  remove the rights of the incapacitated adult; or
               (2)  grant a power related to an incapacitated adult's
  right to manage his or her property or financial affairs beyond the
  powers specifically authorized under Subsection (b).
         Sec. 1359.0109.  POWERS AND DUTIES OF PARENTAL ADMINISTRATOR
  APPOINTED AS NECESSARY FOR INCAPACITATED ADULT TO RECEIVE
  GOVERNMENT FUNDS. (a)  A parental administrator appointed to
  receive funds from a governmental source may:
               (1)  administer only:
                     (A)  the funds received from the governmental
  source;
                     (B)  all earnings, interest, or profits derived
  from the funds; and
                     (C)  all property acquired with the funds; and
               (2)  receive the funds and pay the expenses for the
  support, maintenance, or education of the incapacitated adult or
  the incapacitated adult's dependents.
         (b)  Expenditures under Subsection (a)(2) for the support,
  maintenance, or education of the incapacitated adult or the
  incapacitated adult's dependents may not exceed $12,000 during any
  12-month period without the court's approval.
         Sec. 1359.0110.  AUTHORITY AND TREATMENT OF CERTAIN PARENTAL
  ADMINISTRATORS AS GUARDIAN UNDER LAW.  If the order appointing a
  parental administrator under Section 1359.0108 includes the right
  of the parental administrator to have physical possession of the
  incapacitated adult or to establish the incapacitated adult's legal
  domicile, to the extent not in conflict with this chapter,
  including Section 1359.0401, a parental administrator has the same
  authority and is entitled to the same treatment respecting the
  incapacitated adult as a guardian of the person respecting a ward
  under law.
         Sec. 1359.0111.  DISMISSAL OF APPLICATION. If it is found
  that a proposed incapacitated adult possesses the capacity to care
  for himself or herself and manage his or her property as would a
  reasonably prudent person, the court shall dismiss an application
  for parental administration.
  SUBCHAPTER D. ATTORNEYS AD LITEM AND INTERPRETERS
         Sec. 1359.0151.  APPOINTMENT OF ATTORNEY AD LITEM IN
  PROCEEDING FOR APPOINTMENT OF PARENTAL ADMINISTRATOR. (a) In a
  proceeding for the appointment of a parental administrator, the
  court shall appoint an attorney ad litem to represent the proposed
  incapacitated adult's interests.
         (b)  The attorney ad litem must have the certification
  required by Section 1054.201.
         (c)  Unless the court determines that the continued
  appointment of an attorney ad litem appointed under this subchapter
  is in the proposed incapacitated adult's best interests, the
  attorney's term of appointment expires, without a court order, on
  the date the court appoints a parental administrator or denies the
  application for appointment of a parental administrator.
         Sec. 1359.0152.  ACCESS TO RECORDS. An attorney ad litem
  appointed under this subchapter:
               (1)  shall be provided copies of all of the current
  records in the parental administration case; and
               (2)  may have access to all of the proposed
  incapacitated adult's relevant medical, psychological, and
  intellectual testing records.
         Sec. 1359.0153.  DUTIES. (a)  An attorney ad litem appointed
  under this subchapter shall interview the proposed incapacitated
  adult within a reasonable time before the hearing in the proceeding
  for the appointment of a parental administrator.  To the greatest
  extent possible, the attorney shall discuss with the proposed
  incapacitated adult:
               (1)  the law and facts of the case;
               (2)  the proposed incapacitated adult's legal options
  regarding disposition of the case;
               (3)  the grounds on which parental administration is
  sought; and
               (4)  whether other less restrictive alternatives to
  guardianship, other than parental administration, would meet the
  needs of the proposed incapacitated adult and avoid the need for the
  appointment of a parental administrator.
         (b)  Before the hearing, the attorney ad litem shall review:
               (1)  the application for parental administration;
               (2)  certificates of current physical, medical, and
  intellectual examinations; and
               (3)  all of the proposed incapacitated adult's relevant
  medical, psychological, and intellectual testing records.
         (c)  Before the hearing, the attorney ad litem shall discuss
  with the proposed incapacitated adult the attorney ad litem's
  opinion regarding:
               (1)  whether a parental administration is necessary for
  the proposed incapacitated adult; and
               (2)  if a parental administration is necessary, the
  specific powers or duties of the parental administration that
  should be limited if the proposed incapacitated adult receives
  supports and services.
         Sec. 1359.0154.  COMPENSATION AND EXPENSES. An attorney ad
  litem appointed under this subchapter is entitled to reasonable
  compensation for services and expenses provided in the amount set
  by the court, to be taxed as costs in the proceeding.
         Sec. 1359.0155.  APPOINTMENT OF INTERPRETER.  At the time
  the court appoints the attorney ad litem under this subchapter, the
  court shall appoint a language interpreter or sign interpreter if
  necessary to ensure effective communication between the proposed
  incapacitated adult and the attorney ad litem.
         Sec. 1359.0156.  APPOINTMENT OF EXISTING AD LITEM. In the
  interest of judicial economy, the court may appoint as an attorney
  ad litem under this subchapter a person who is serving as an ad
  litem for the proposed incapacitated adult's benefit in any other
  proceeding.
  SUBCHAPTER E. GUARDIANS AD LITEM
         Sec. 1359.0201.  APPOINTMENT OF GUARDIAN AD LITEM IN
  PARENTAL ADMINISTRATION PROCEEDING. (a) The judge may appoint a
  guardian ad litem to represent the interests of a proposed
  incapacitated adult in a parental administration proceeding.
         (b)  A guardian ad litem must have the certification required
  by Section 1054.201.
         Sec. 1359.0202.  APPOINTMENT OF EXISTING AD LITEM. In the
  interest of judicial economy, the court may appoint as guardian ad
  litem under this subchapter a person who is serving as an ad litem
  for the proposed incapacitated adult's benefit in any other
  proceeding.
         Sec. 1359.0203.  TERM OF CERTAIN APPOINTMENTS. Unless the
  court determines that the continued appointment of a guardian ad
  litem appointed under this subchapter is in the proposed
  incapacitated adult's best interests, the guardian ad litem's term
  of appointment expires, without a court order, on the date the court
  appoints a parental administrator or denies the application for
  appointment of a parental administrator.
         Sec. 1359.0204.  DUTIES. (a) A guardian ad litem appointed
  under this subchapter is an officer of the court.
         (b)  A guardian ad litem shall protect the proposed
  incapacitated adult whose interests the guardian has been appointed
  to represent in a manner that will enable the court to determine the
  action that will be in that person's best interests.
         (c)  The guardian ad litem shall:
               (1)  investigate whether a parental administration is
  necessary for the proposed incapacitated adult; and
               (2)  evaluate alternatives and supports and services
  available to the proposed incapacitated adult that would avoid the
  need for appointment of a parental administrator.
         (d)  The information gathered by the guardian ad litem under
  Subsection (c) is subject to examination by the court.
         Sec. 1359.0205.  COMPENSATION AND EXPENSES. (a) A guardian
  ad litem appointed under this subchapter is entitled to reasonable
  compensation for services and expenses provided in the amount set
  by the court, to be taxed as costs in the proceeding.
         (b)  The fees and expenses of a guardian ad litem appointed
  under this subchapter are costs of the litigation proceeding that
  made the appointment necessary.
         Sec. 1359.0206.  IMMUNITY. (a) Subject to Subsection (b), a
  guardian ad litem appointed under this subchapter to represent the
  interests of a proposed incapacitated adult is not liable for civil
  damages arising from a recommendation made or an opinion given in
  the capacity of guardian ad litem.
         (b)  This section does not apply to a recommendation or
  opinion that is:
               (1)  wilfully wrongful;
               (2)  given:
                     (A)  with conscious indifference to or reckless
  disregard for the safety of another;
                     (B)  with malice; or
                     (C)  in bad faith; or
               (3)  grossly negligent.
  SUBCHAPTER F. COURT INVESTIGATION
         Sec. 1359.0251.  INVESTIGATION OF PARENTAL ADMINISTRATION
  APPLICATION. On the filing of an application for parental
  administration under this chapter, a court investigator shall
  investigate the circumstances alleged in the application to
  determine whether any other less restrictive alternative to
  guardianship other than parental administration is appropriate.
         Sec. 1359.0252.  GENERAL DUTIES OF COURT INVESTIGATOR. A
  court investigator shall:
               (1)  investigate a complaint received from any person
  about a parental administration and report to the judge, if
  necessary; and
               (2)  perform other duties as assigned by the judge or
  required by this title.
         Sec. 1359.0253.  INVESTIGATION REPORT. (a)  A court
  investigator shall file with the court a report containing the
  court investigator's findings and conclusions after conducting an
  investigation under this subchapter.
         (b)  In a contested case, the court investigator shall
  provide copies of the report of the court investigator's findings
  and conclusions to the attorneys for the parties before the earlier
  of:
               (1)  the seventh day after the date the court
  investigator completes the report; or
               (2)  the 10th day before the date the trial is scheduled
  to begin.
         (c)  Disclosure to a jury of the contents of a court
  investigator's report is subject to the Texas Rules of Evidence.
         Sec. 1359.0254.  EFFECT OF SUBCHAPTER ON OTHER LAW. Nothing
  in this subchapter supersedes any duty or obligation of another to
  report or investigate abuse or neglect under any statute of this
  state.
  SUBCHAPTER G. HEARING; JURY TRIAL
         Sec. 1359.0301.  HEARING. (a) At a hearing for the
  appointment of a parental administrator, the court shall inquire
  into:
               (1)  the ability of the proposed incapacitated adult
  to:
                     (A)  feed, clothe, and shelter himself or herself;
                     (B)  care for his or her own physical health; and
                     (C)  manage his or her property or financial
  affairs; and
               (2)  whether the applicant is the parent of the
  proposed incapacitated adult.
         (b)  A proposed incapacitated adult must be present at the
  hearing unless the court, on the record or in the order, determines
  that a personal appearance is not necessary.
         (c)  The court may close the hearing at the request of the
  proposed incapacitated adult.
         Sec. 1359.0302.  JURY TRIAL.  A proposed incapacitated adult
  is entitled to a jury trial on timely request.
         Sec. 1359.0303.  USE OF RECORDS. Current medical,
  psychological, and intellectual testing records are a sufficient
  basis for an appointment of a parental administrator, but the
  findings and recommendations contained in those records are not
  binding on the court.
  SUBCHAPTER H. DETERMINATION OF NECESSITY OF PARENTAL
  ADMINISTRATION; FINDINGS AND PROOF
         Sec. 1359.0351.  FINDINGS AND PROOF REQUIRED. (a)  Before
  appointing a parental administrator for a proposed incapacitated
  adult, the court must find by a preponderance of the evidence that:
               (1)  the proposed incapacitated adult is an
  incapacitated person as defined by Section 22.016(2);
               (2)  the person to be appointed parental administrator
  is not disqualified from acting and is suitable to act as parental
  administrator;
               (3)  a necessity exists for the parental
  administration;
               (4)  it is in the proposed incapacitated adult's best
  interests to have the court appoint a parental administrator;
               (5)  other less restrictive alternatives to
  guardianship, other than parental administration, that would avoid
  the need for the appointment of a parental administrator have been
  considered and determined not to be feasible;
               (6)  supports and services available to the proposed
  incapacitated adult that would avoid the need for the appointment
  of a parental administrator have been considered and determined not
  to be feasible;
               (7)  it is in the best interests of the incapacitated
  adult to have more than one parental administrator if more than one
  parent has made application; and
               (8)  the court has venue of the case.
         (b)  The court may not grant an application to create a
  parental administration unless the applicant proves each element
  required by this section.
         Sec. 1359.0352.  DETERMINATION OF INCAPACITY: PHYSICIAN
  EXAMINATION. (a) The court may not grant an application for the
  appointment of a parental administrator for a proposed
  incapacitated adult unless the applicant presents to the court:
               (1)  a written letter or certificate from a physician
  licensed in this state that:
                     (A)  is dated not earlier than the 120th day
  before the date the application is filed;
                     (B)  is based on an examination the physician
  performed not earlier than the 120th day before the date the
  application is filed; and
                     (C)  complies with Subsection (b); or
               (2)  a written letter or certificate that:
                     (A)  shows that not earlier than 24 months before
  the date of a hearing on the application:
                           (i)  the proposed incapacitated adult has
  been examined by a physician or psychologist licensed in this state
  or certified by the Health and Human Services Commission to perform
  the examination, in accordance with rules of the executive
  commissioner of the Health and Human Services Commission governing
  examinations of that kind, and the physician's or psychologist's
  written findings and recommendations include a determination of an
  intellectual disability; or
                           (ii)  a physician or psychologist licensed
  in this state or certified by the Health and Human Services
  Commission to perform examinations described by Subparagraph (i)
  updated or endorsed in writing a prior determination of an
  intellectual disability for the proposed incapacitated adult made
  by a physician or psychologist licensed in this state or certified
  by the commission; and
                     (B)  complies with Subsection (b).
         (b)  A letter or certificate under Subsection (a)(1) or (2)
  must:
               (1)  describe the nature, degree, and severity of the
  proposed incapacitated adult's incapacity, including any
  functional deficits regarding the proposed incapacitated adult's
  ability to consent to medical, dental, psychological, or
  psychiatric treatment;
               (2)  provide an evaluation of the proposed
  incapacitated adult's physical condition and mental functioning
  and summarize the proposed incapacitated adult's medical history if
  reasonably available;
               (3)  state how or in what manner the proposed
  incapacitated adult's ability to make or communicate responsible
  decisions concerning himself or herself is affected by the proposed
  incapacitated adult's physical or mental health, including the
  proposed incapacitated adult's ability to:
                     (A)  understand or communicate;
                     (B)  recognize familiar objects and individuals;
                     (C)  solve problems;
                     (D)  reason logically; and
                     (E)  administer to daily life activities with and
  without supports and services;
               (4)  state whether any current medication affects the
  proposed incapacitated adult's demeanor or the proposed
  incapacitated adult's ability to participate fully in a court
  proceeding;
               (5)  if applicable, describe the precise physical and
  mental conditions underlying a diagnosis of an intellectual
  disability;
               (6)  state whether a parental administration is
  necessary for the proposed incapacitated adult; and
               (7)  include any other information required by the
  court.
         (c)  If the court determines it is necessary, the court may
  appoint a physician to examine the proposed incapacitated adult.
  The court must make a determination with respect to the necessity
  for a physician's examination of the proposed incapacitated adult
  at a hearing held for that purpose. Not later than the fourth day
  before the date of the hearing, the applicant shall give to the
  proposed incapacitated adult and the proposed incapacitated
  adult's attorney ad litem written notice specifying the purpose and
  the date and time of the hearing.
         (d)  A physician who examines the proposed incapacitated
  adult for purposes of Subsection (a)(1) shall file with the court
  and provide to the attorney ad litem appointed to represent the
  proposed incapacitated adult a written letter or certificate from
  the physician that complies with the requirements of Subsections
  (a)(1) and (b).
  SUBCHAPTER I. RIGHTS, POWERS, AND DUTIES UNDER PARENTAL
  ADMINISTRATION
         Sec. 1359.0401.  RIGHTS RETAINED BY INCAPACITATED ADULT.
  (a)  An incapacitated adult for whom a parental administrator is
  appointed retains all legal and civil rights and powers.
         (b)  The powers, limitations, and duties of a parental
  administrator appointed under this chapter are subordinate to the
  rights and powers of the incapacitated adult.
         Sec. 1359.0402.  FIDUCIARY DUTY. A parental administrator
  owes a fiduciary duty to the incapacitated adult.
         Sec. 1359.0403.  COMMITMENT OF INCAPACITATED ADULT. (a)  
  Except as provided by Subsection (b), a parental administrator may
  not voluntarily admit an incapacitated adult to a public or private
  inpatient psychiatric facility operated by the Health and Human
  Services Commission for care and treatment or to a residential
  facility operated by the commission for care and treatment. If care
  and treatment in a psychiatric or residential facility is
  necessary, the incapacitated adult or the parental administrator
  may:
               (1)  apply for services under Section 593.027 or
  593.028, Health and Safety Code;
               (2)  apply to a court to commit the incapacitated adult
  under Subtitle C or D, Title 7, Health and Safety Code, or Chapter
  462, Health and Safety Code; or
               (3)  transport the incapacitated adult to an inpatient
  mental health facility for a preliminary examination in accordance
  with Subchapters A and C, Chapter 573, Health and Safety Code.
         (b)  A parental administrator may voluntarily admit an
  incapacitated adult to a residential care facility for emergency
  care or respite care under Section 593.027 or 593.028, Health and
  Safety Code, if the order appointing the parental administrator
  grants the parental administrator the duty to provide the
  incapacitated adult with medical care.
         Sec. 1359.0404.  ADMINISTRATION OF MEDICATION.  (a)  In this
  section, "psychoactive medication" has the meaning assigned by
  Section 574.101, Health and Safety Code.
         (b)  A parental administrator of an incapacitated adult who
  is under a protective custody order as provided by Subchapter B,
  Chapter 574, Health and Safety Code, may consent to the
  administration of psychoactive medication as prescribed by the
  incapacitated adult's treating physician regardless of the
  incapacitated adult's expressed preferences regarding treatment
  with psychoactive medication, if the order appointing the parental
  administrator grants the parental administrator the duty to provide
  the incapacitated adult with medical care.
         Sec. 1359.0405.  APPLICATION BY CERTAIN RELATIVES FOR ACCESS
  TO INCAPACITATED ADULT; HEARING AND COURT ORDER.  A relative of an
  incapacitated adult may file an application with the court
  requesting access to the incapacitated adult, including the
  opportunity to establish visitation or communication with the
  incapacitated adult in the same manner as a ward's relative may file
  such an application under Section 1151.055.  The court shall act on
  the application in the same manner as the court is required to act
  on the application for a ward under that section.
  SUBCHAPTER J. REPORTING
         Sec. 1359.0451.  REPORT OF PARENTAL ADMINISTRATOR. At any
  time after a parental administrator is appointed, the court, on its
  own motion or on the motion of a person interested in the welfare of
  the incapacitated adult and for good cause shown, may order the
  parental administrator to submit to the court a sworn report on the
  condition of the incapacitated adult. The report must include the
  same information for the incapacitated adult as is required by
  Section 1163.101 for a ward.
  SUBCHAPTER K.  INVESTIGATION OF ALLEGED ABUSE, NEGLECT, OR
  EXPLOITATION CONCERNING INCAPACITATED ADULT
         Sec. 1359.0501.  INTERFERENCE WITH INVESTIGATION OR
  SERVICES PROHIBITED. A parental administrator may not interfere
  with:
               (1)  an investigation by the Department of Family and
  Protective Services, another state agency, or a law enforcement
  agency of alleged abuse, neglect, or exploitation of the
  incapacitated adult; or
               (2)  the provision of protective services by the
  Department of Family and Protective Services or another state
  agency to the incapacitated adult.
         Sec. 1359.0502.  REPORT TO COURT OF INVESTIGATION OF ALLEGED
  ABUSE, NEGLECT, OR EXPLOITATION. Subject to rules adopted under
  Section 48.101, Human Resources Code, the Department of Family and
  Protective Services or another state agency that conducts an
  investigation of alleged abuse, neglect, or exploitation of an
  incapacitated adult for whom a parental administrator is appointed
  shall report the results of the investigation to the court with
  jurisdiction of the parental administration.
  SUBCHAPTER L. RESIGNATION, REMOVAL, OR DEATH OF PARENTAL
  ADMINISTRATOR; CONVERSION TO GUARDIANSHIP
         Sec. 1359.0551.  GROUNDS FOR REMOVAL OF PARENTAL
  ADMINISTRATOR. A court may remove a parental administrator if the
  parental administrator:
               (1)  fails to comply with a court order for a report
  under Section 1359.0451;
               (2)  is proven to have been guilty of gross misconduct
  or gross mismanagement in the performance of duties as parental
  administrator;
               (3)  is disqualified to act as a parental administrator
  under Section 1359.0107;
               (4)  is no longer necessary because the court finds
  that the incapacitated adult is no longer incapacitated;
               (5)  is convicted of an offense and subsequently
  confined or imprisoned; or
               (6)  for any other reason becomes unable to properly
  perform the parental administrator's duties.
         Sec. 1359.0552.  DETERMINATION REGARDING PARENTAL
  ADMINISTRATOR'S INCAPACITY. (a)  The court on its own motion may or
  on the written application of an interested person shall order an
  investigation into whether a parental administrator appointed by
  the court under this chapter is an incapacitated person for
  purposes of Sections 1359.0551(3) and 1359.0107(1).
         (b)  Subject to Section 1359.0103, an application filed
  under this section must be sworn to by the applicant and state:
               (1)  the incapacitated adult's name, sex, date of
  birth, and address;
               (2)  the parental administrator's name, sex, date of
  birth, and address;
               (3)  the nature and degree of the parental
  administrator's alleged incapacity;
               (4)  the facts requiring an investigation into the
  parental administrator's capacity; and
               (5)  the applicant's interest in the incapacitated
  adult.
         (c)  The court on its own motion may or on receipt of an
  application under this section shall appoint a guardian ad litem or
  court investigator to investigate the conditions and circumstances
  of the parental administrator, including any facts alleged in the
  application that would give rise to a finding of incapacity, to
  determine whether there is probable cause to believe the parental
  administrator is an incapacitated person.  The court's order
  appointing the guardian ad litem or court investigator must include
  a statement that the parental administrator has the right to
  petition the court to have the appointment set aside.
         (d)  The guardian ad litem or court investigator shall file
  with the court a report of the findings and conclusions of the
  investigation conducted under Subsection (c).
         (e)  If a guardian ad litem or court investigator, after an
  investigation as prescribed by this section, determines that
  probable cause exists to believe the parental administrator is an
  incapacitated person, the guardian ad litem or court investigator,
  as applicable, shall file with the court an application
  recommending an independent examination of the parental
  administrator's capacity by a physician licensed in this state.
         (f)  If the court determines it is necessary, the court may
  appoint one or more physicians licensed in this state to examine the
  parental administrator.  The court must make its determination with
  respect to the necessity for a physician's examination of the
  parental administrator at a hearing held for that purpose. Not
  later than the fourth day before the date of the hearing, the court
  shall give to the parental administrator written notice specifying
  the purpose, date, and time of the hearing.
         (g)  A physician who examines the parental administrator
  under this section shall return to the court a written letter or
  certificate from the physician that describes the nature, degree,
  and severity of the parental administrator's incapacity, if any,
  including any functional deficits regarding the parental
  administrator's ability to perform the duties the parental
  administrator owes to the incapacitated adult.  A written letter or
  certificate by a physician finding incapacity under this subsection
  may be relied on by the court only for purposes of making a
  determination of incapacity under Sections 1359.0551(3) and
  1359.0107(1).
         (h)  Notwithstanding Section 1359.0603 and except as
  provided by Subsection (i), the court may order court costs
  associated with making a determination relating to incapacity under
  this section to be paid by the applicant who requested the
  investigation under this section if:
               (1)  the parental administrator is determined not to be
  an incapacitated person; and
               (2)  the incapacitated adult has no guardianship estate
  or management trust or the assets of the estate or management trust,
  as appropriate, are insufficient to pay the court costs.
         (i)  If the applicant ordered to pay court costs under
  Subsection (h) files, on the applicant's own behalf, an affidavit
  of inability to pay court costs under Rule 145, Texas Rules of Civil
  Procedure, that shows the applicant is unable to afford the costs,
  the court shall order costs be paid out of the county treasury.
         Sec. 1359.0553.  PROCEDURE FOR REMOVAL OF PARENTAL
  ADMINISTRATOR OR CONVERSION OF PARENTAL ADMINISTRATION TO
  GUARDIANSHIP. (a)  The court on the court's own motion or on the
  application of any person may initiate a proceeding to:
               (1)  subject to Subsection (b), remove a parental
  administrator on proof of a ground for removal described by Section
  1359.0551; or
               (2)  subject to Subsection (d), convert a parental
  administration for an incapacitated adult to a guardianship.
         (b)  In a proceeding for the removal of a parental
  administrator initiated under Subsection (a)(1), the court shall:
               (1)  have the parental administrator cited by personal
  service to appear before the court; and
               (2)  appoint to represent the proposed incapacitated
  adult's interests an attorney ad litem who has the certification
  required by Section 1054.201.
         (c)  A citation under this section must state:
               (1)  the time and place of a hearing on the matter at
  which the parental administrator is to appear; and
               (2)  the alleged ground for removal of the parental
  administrator.
         (d)  In a proceeding for the conversion of a parental
  administration to a guardianship under Subsection (a)(2),
  notwithstanding any other law, all requirements necessary to create
  a guardianship are required to convert a parental administration to
  a guardianship, except:
               (1)  a procedural requirement the court determines was
  fulfilled when the parental administration was initially
  established; and
               (2)  a requirement for a written letter or certificate
  from a physician licensed in this state.
         (e)  Notwithstanding the discretion provided by Subsection
  (d), the court shall:
               (1)  provide notice of the conversion of a parental
  administration to a guardianship in the manner required by Chapter
  1051; and
               (2)  appoint to represent the proposed incapacitated
  adult's interests an attorney ad litem who has the certification
  required by Section 1054.201.
         (f)  The authority to appear pro se in a parental
  administration proceeding does not extend to a proceeding to
  convert a parental administration to a guardianship.
         Sec. 1359.0554.  INFORMAL REQUEST FOR ORDER BY INCAPACITATED
  ADULT; INVESTIGATION AND REPORT. (a) Subject to Subsection (e), an
  incapacitated adult may request by informal letter to the court an
  order under Section 1359.0551(4) finding that the incapacitated
  adult is no longer incapacitated.  A person who knowingly
  interferes with the transmission of the request to the court may be
  adjudged guilty of contempt of court.
         (b)  On receipt of an informal letter under Subsection (a),
  the court shall appoint the court investigator or a guardian ad
  litem to investigate the incapacitated adult's circumstances,
  including any circumstances alleged in the letter, to determine
  whether:
               (1)  the incapacitated adult is no longer
  incapacitated; or
               (2)  a modification of the parental administration is
  necessary.
         (c)  The guardian ad litem or court investigator shall file
  with the court a report of the investigation's findings and
  conclusions. If the guardian ad litem or court investigator
  determines that it is in the best interests of the incapacitated
  adult to terminate or modify the parental administration, the
  guardian ad litem or court investigator shall file an application
  on the incapacitated adult's behalf.
         (d)  A guardian ad litem appointed under this section may
  also be appointed by the court to serve as attorney ad litem under
  Section 1359.0553.
         (e)  A person may not reapply for termination or modification
  of the parental administration before the first anniversary of the
  date of the hearing on the last preceding application, except as
  otherwise provided by the court on good cause shown by the
  applicant.
         Sec. 1359.0555.  TERMINATION OF PARENTAL ADMINISTRATOR'S
  RIGHTS AND POWERS ON REMOVAL OR CONVERSION TO GUARDIANSHIP. The
  rights and powers of a parental administrator terminate when a
  court orders the parental administrator removed or a parental
  administration converted into a guardianship.
         Sec. 1359.0556.  APPOINTMENT BECAUSE OF RESIGNATION,
  REMOVAL, OR DEATH. (a) Except as provided by Subsection (b), if a
  parental administrator resigns, is removed, or dies, the court may
  appoint a successor parental administrator on application and on
  service of notice as directed by the court.
         (b)  The court may appoint a successor parental
  administrator under this section without citation or notice if the
  court finds that a necessity exists for the immediate appointment.
  Subject to an order of the court, a successor parental
  administrator has the same rights and powers previously granted to
  the former parental administrator.
  SUBCHAPTER M. COMPENSATION, EXPENSES, AND COURT COSTS
         Sec. 1359.0601.  COMPENSATION FOR CERTAIN PARENTAL
  ADMINISTRATORS. The court may authorize compensation for a
  parental administrator from available funds of the incapacitated
  adult's estate or other funds available for that purpose. The court
  may set the compensation in an amount not to exceed five percent of
  the incapacitated adult's gross income. For purposes of this
  section, "gross income" does not include United States Department
  of Veterans Affairs or social security benefits received by an
  incapacitated adult.
         Sec. 1359.0602.  EXPENSES. A parental administrator is
  entitled to reimbursement of expenses to the same extent as a
  guardian is entitled to reimbursement of expenses under Subchapter
  C, Chapter 1155.
         Sec. 1359.0603.  COSTS IN PARENTAL ADMINISTRATION
  PROCEEDING GENERALLY. (a) In a parental administration
  proceeding, the court costs of the proceeding, including the costs
  described by Subsection (b), shall, except as provided by
  Subsection (c), be paid as follows, and the court shall issue the
  judgment accordingly:
               (1)  out of the incapacitated adult's estate, if any;
               (2)  out of the management trust, if a management trust
  has been created for the benefit of the incapacitated adult under
  Chapter 1301 and the court determines it is in the incapacitated
  adult's best interests;
               (3)  by the party to the proceeding who incurred the
  costs, unless that party filed, on the party's own behalf, an
  affidavit of inability to pay the costs under Rule 145, Texas Rules
  of Civil Procedure, that shows the party is unable to afford the
  costs, if:
                     (A)  the incapacitated adult has no estate or no
  management trust has been created for the incapacitated adult's
  benefit; or
                     (B)  the assets of the incapacitated adult's
  estate or management trust, as appropriate, are insufficient to pay
  the costs; or
               (4)  out of the county treasury if:
                     (A)  the incapacitated adult has no estate or
  management trust or the assets of the incapacitated adult's estate
  or management trust, as appropriate, are insufficient to pay the
  costs; and
                     (B)  the party to the proceeding who incurred the
  costs filed, on the party's own behalf, an affidavit of inability to
  pay the costs under Rule 145, Texas Rules of Civil Procedure, that
  shows the party is unable to afford the costs.
         (b)  In a parental administration proceeding, the cost of any
  guardians ad litem, attorneys ad litem, health professionals, and
  interpreters appointed under this chapter shall be set in an amount
  the court considers equitable and just.
         (c)  Notwithstanding any other law requiring the payment of
  court costs in a parental administration proceeding, the following
  are not required to pay court costs on the filing of or during a
  parental administration proceeding:
               (1)  an attorney ad litem;
               (2)  a guardian ad litem;
               (3)  a person or entity who files an affidavit of
  inability to pay the costs under Rule 145, Texas Rules of Civil
  Procedure, that shows the person or entity is unable to afford the
  costs; and
               (4)  a governmental entity.
         (d)  For purposes of Subsections (a) and (c), a person or
  entity who files an affidavit of inability to pay the costs under
  Rule 145, Texas Rules of Civil Procedure, is unable to afford the
  costs if the affidavit shows that the person or entity:
               (1)  is currently receiving assistance or other
  benefits from a government program under which assistance or other
  benefits are provided to individuals on a means-tested basis;
               (2)  is eligible for and currently receiving free legal
  services in the parental administration proceeding through the
  following:
                     (A)  a legal services provider funded partly by
  the Texas Access to Justice Foundation;
                     (B)  a legal services provider funded partly by
  the Legal Services Corporation; or
                     (C)  a nonprofit corporation formed under the laws
  of this state that provides legal services to low-income
  individuals whose household income is at or below 200 percent of the
  federal poverty guidelines as determined by the United States
  Department of Health and Human Services;
               (3)  applied and was eligible for free legal services
  through a person or entity listed in Subdivision (2) but was
  declined representation; or
               (4)  has a household income that is at or below 200
  percent of the federal poverty guidelines as determined by the
  United States Department of Health and Human Services and has money
  or other available assets, excluding any homestead and exempt
  property under Chapter 42, Property Code, in an amount that does not
  exceed $2,000.
         (e)  If an affidavit of inability to pay costs filed under
  Rule 145, Texas Rules of Civil Procedure, is contested, the court,
  at a hearing, shall review the contents of and attachments to the
  affidavit and any other evidence offered at the hearing and make a
  determination as to whether the person or entity is unable to afford
  the costs. If the court finds that the person or entity is able to
  afford the costs, the person or entity must pay the court costs.
  Except with leave of court, no further action in the parental
  administration proceeding may be taken by a person or entity found
  able to afford costs until payment of those costs is made.
         (f)  The costs attributable to the services of a person
  described by Subsection (b) shall be paid under this section at any
  time after the commencement of the proceeding as ordered by the
  court.
         (g)  If the court finds that a party in a parental
  administration proceeding acted in bad faith or without just cause
  in prosecuting or objecting to an application in the proceeding,
  the court may order the party to pay all or part of the costs of the
  proceeding.
         (h)  If the incapacitated adult has an estate or a management
  trust under Chapter 1301 is created, a person or entity who paid any
  costs on the filing of or during the proceeding is entitled to be
  reimbursed out of assets of the incapacitated adult's estate or
  management trust, as appropriate, for the costs if:
               (1)  the assets of the estate or trust, as appropriate,
  are sufficient to cover the reimbursement of the costs; and
               (2)  the person or entity has not been ordered by the
  court to pay the costs as all or part of the payment of court costs
  under Subsection (g).
         (i)  If at any time after a parental administration or
  management trust under Chapter 1301 is created there are sufficient
  assets of the estate or trust, as appropriate, to pay the amount of
  any of the costs exempt from payment under Subsection (c), the court
  shall require the parental administrator to pay out of the parental
  administration or management trust, as appropriate, to the court
  clerk for deposit in the county treasury the amount of any of those
  costs.
         (j)  To the extent that this section conflicts with the Texas
  Rules of Civil Procedure or other rules, this section controls.
  ARTICLE 2. CONFORMING AMENDMENTS
         SECTION 2.01.  Article 14.055, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 14.055.  DUTY OF OFFICER TO NOTIFY PROBATE COURT. (a)
  In this article:
               (1)  "Guardian" has the meaning assigned by Section
  1002.012, Estates Code.
               (2)  "Incapacitated adult" has the meaning assigned by
  Section 1359.0001, Estates Code.
               (3)  "Parental administrator" has the meaning assigned
  by Section 1359.0001, Estates Code.
               (4)  "Ward"[, "ward"] has the meaning assigned by
  Section 22.033, Estates Code.
         (b)  As soon as practicable, but not later than the first
  working day after the date a peace officer detains or arrests a
  person who is:
               (1)  a ward, the peace officer or the person having
  custody of the ward shall notify the ward's guardian and the court
  having jurisdiction over the ward's guardianship of the ward's
  detention or arrest; or
               (2)  an incapacitated adult for whom a parental
  administrator has been appointed, the peace officer or the person
  having custody of the incapacitated adult shall notify the
  incapacitated adult's parental administrator and the court having
  jurisdiction over the incapacitated adult's parental
  administration of the incapacitated adult's detention or arrest.
         SECTION 2.02.  Article 15.171, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 15.171.  DUTY OF OFFICER TO NOTIFY PROBATE COURT. (a)
  In this article:
               (1)  "Guardian" has the meaning assigned by Section
  1002.012, Estates Code.
               (2)  "Incapacitated adult" has the meaning assigned by
  Section 1359.0001, Estates Code.
               (3)  "Parental administrator" has the meaning assigned
  by Section 1359.0001, Estates Code.
               (4)  "Ward"[, "ward"] has the meaning assigned by
  Section 22.033, Estates Code.
         (b)  As soon as practicable, but not later than the first
  working day after the date a peace officer detains or arrests a
  person who is:
               (1)  a ward, the peace officer or the person having
  custody of the ward shall notify the ward's guardian and the court
  having jurisdiction over the ward's guardianship of the ward's
  detention or arrest; or
               (2)  an incapacitated adult for whom a parental
  administrator has been appointed, the peace officer or the person
  having custody of the incapacitated adult shall notify the
  incapacitated adult's parental administrator and the court having
  jurisdiction over the incapacitated adult's parental
  administration of the incapacitated adult's detention or arrest.
         SECTION 2.03.  Article 26.041, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 26.041.  PROCEDURES RELATED TO GUARDIANSHIPS AND
  PARENTAL ADMINISTRATIONS. (a) In this article:
               (1)  "Guardian" has the meaning assigned by Section
  1002.012, Estates Code.
               (2)  "Incapacitated adult" has the meaning assigned by
  Section 1359.0001, Estates Code.
               (3)  "Letters of guardianship" means a certificate
  issued under Section 1106.001(a), Estates Code.
               (4)  "Parental administrator" has the meaning assigned
  by Section 1359.0001, Estates Code.
         (b)  A guardian who provides a court with letters of
  guardianship or a parental administrator who provides a court with
  an order of parental administration for a defendant may:
               (1)  provide information relevant to the determination
  of indigence [indigency]; and
               (2)  request that counsel be appointed in accordance
  with this chapter.
         SECTION 2.04.  The heading to Chapter 155, Government Code,
  is amended to read as follows:
  CHAPTER 155. DUTIES RESPECTING GUARDIANSHIP AND PARENTAL
  ADMINISTRATION
         SECTION 2.05.  Section 155.001, Government Code, is amended
  by adding Subdivisions (4-a) and (5-a) to read as follows:
               (4-a)  "Incapacitated adult" has the meaning assigned
  by Section 1359.0001, Estates Code.
               (5-a)  "Parental administrator" has the meaning
  assigned by Section 1359.0001, Estates Code.
         SECTION 2.06.  The heading to Subchapter D, Chapter 155,
  Government Code, as added by Chapter 313 (S.B. 1096), Acts of the
  85th Legislature, Regular Session, 2017, is amended to read as
  follows:
  SUBCHAPTER D. GUARDIANSHIP AND PARENTAL ADMINISTRATION
  REGISTRATION AND DATABASE
         SECTION 2.07.  Section 155.151, Government Code, as added by
  Chapter 313 (S.B. 1096), Acts of the 85th Legislature, Regular
  Session, 2017, is amended to read as follows:
         Sec. 155.151.  REGISTRATION OF GUARDIANSHIPS AND PARENTAL
  ADMINISTRATIONS. (a) The supreme court, after consulting with the
  office and the commission, shall by rule establish a mandatory
  registration program for guardianships and parental
  administrations under which all guardianships or parental
  administrations, as applicable, in this state shall be required to
  register with the commission.
         (b)  In establishing rules under this section, the supreme
  court shall ensure courts with jurisdiction over a guardianship or
  parental administration, as applicable, immediately notify the
  commission of the removal of a guardian or parental administrator.
         SECTION 2.08.  Section 155.152, Government Code, as added by
  Chapter 313 (S.B. 1096), Acts of the 85th Legislature, Regular
  Session, 2017, is amended to read as follows:
         Sec. 155.152.  GUARDIANSHIP AND PARENTAL ADMINISTRATION
  DATABASE. In cooperation with the commission and courts with
  jurisdiction over guardianship or parental administration
  proceedings and by using the information obtained by the commission
  under this subchapter, the office shall establish and maintain a
  central database of all guardianships and parental administrations
  subject to the jurisdiction of this state.
         SECTION 2.09.  Section 155.153(c), Government Code, as added
  by Chapter 313 (S.B. 1096), Acts of the 85th Legislature, Regular
  Session, 2017, is amended to read as follows:
         (c)  The only information that may be disclosed from the
  database to a law enforcement official inquiring into a
  guardianship or parental administration is:
               (1)  the name, sex, and date of birth of a ward or
  incapacitated adult, as applicable;
               (2)  the name, telephone number, and address of the
  guardian of a ward or the parental administrator of an
  incapacitated adult, as applicable; and
               (3)  the name of the court with jurisdiction over the
  guardianship or parental administration, as applicable,
  proceeding.
         SECTION 2.10.  Section 155.154, Government Code, as added by
  Chapter 313 (S.B. 1096), Acts of the 85th Legislature, Regular
  Session, 2017, is amended to read as follows:
         Sec. 155.154.  DATABASE DISCLAIMER. To the extent feasible,
  the following disclaimer shall be displayed when the database is
  accessed: "This database is for the limited purpose of determining
  whether an individual has a guardian or parental administrator and
  obtaining a guardian's or parental administrator's contact
  information. The scope of a guardian's or parental administrator's
  authority is determined by court order, and a guardian or parental
  administrator should not be presumed to have the authority to act
  for or on behalf of a ward or incapacitated adult until the extent
  of the guardian's or parental administrator's authority is verified
  by the court with jurisdiction over the guardianship or parental
  administration."
         SECTION 2.11.  Section 155.155(a), Government Code, is
  amended to read as follows:
         (a)  Information that is contained in the database required
  under Section 155.152, including personally identifying
  information of a guardian, [or a] ward, incapacitated adult, or
  parental administrator is confidential and not subject to
  disclosure under Chapter 552 or any other law.
         SECTION 2.12.  Section 313.004(f), Health and Safety Code,
  is amended to read as follows:
         (f)  A person who is an available adult surrogate, as
  described by Subsection (a), may consent to medical treatment on
  behalf of a patient who is an adult inmate of a county or municipal
  jail only for a period that expires on the earlier of the 120th day
  after the date the person agrees to act as an adult surrogate for
  the patient or the date the inmate is released from jail. At the
  conclusion of the period, a successor surrogate may not be
  appointed and only the following persons may consent to medical
  treatment:
               (1)  the patient;
               (2)  [or] the patient's appointed guardian of the
  person, if the patient is a ward under Title 3, Estates Code; or
               (3)  the patient's parental administrator appointed
  under Chapter 1359, Estates Code, if the order appointing the
  parental administrator grants the parental administrator the duty
  to provide the incapacitated adult with medical care[, may consent
  to medical treatment].
         SECTION 2.13.  Section 48.211, Human Resources Code, is
  amended to read as follows:
         Sec. 48.211.  REPORT TO PROBATE [GUARDIANSHIP] COURT. If
  the elderly person or person with a disability has a guardian or a
  parental administrator, as defined by Section 1359.0001, Estates
  Code, a written notification of the findings of the investigation
  shall be sent to the court to which the guardian or parental
  administrator is accountable.
         SECTION 2.14.  Section 118.052, Local Government Code, is
  amended to read as follows:
         Sec. 118.052.  FEE SCHEDULE. Each clerk of a county court
  shall collect the following fees for services rendered to any
  person:
               (1)  CIVIL COURT ACTIONS
                     (A)  Filing of Original Action (Sec. 118.053):
                           (i)  Garnishment after judgment . . . $15.00
                           (ii)  All others . . . $40.00
                     (B)  Filing of Action Other than Original (Sec.
  118.054) . . . $30.00
                     (C)  Services Rendered After Judgment in Original
  Action (Sec. 118.0545):
                           (i)  Abstract of judgment . . . $ 5.00
                           (ii)  Execution, order of sale, writ, or
  other process . . . $ 5.00
               (2)  PROBATE COURT ACTIONS
                     (A)  Probate Original Action (Sec. 118.055):
                           (i)  Probate of a will with independent
  executor, administration with will attached, administration of an
  estate, guardianship or receivership of an estate, parental
  administration, or muniment of title . . . $40.00
                           (ii)  Community survivors . . . $40.00
                           (iii)  Small estates . . . $40.00
                           (iv)  Declarations of heirship . . . $40.00
                           (v)  Mental health or chemical dependency
  services . . . $40.00
                           (vi)  Additional, special fee (Sec. 118.064)
  . . . $ 5.00
                     (B)  Services in Pending Probate Action (Sec.
  118.056):
                           (i)  Filing an inventory and appraisement as
  provided by Section 118.056(d) . . . $25.00
                           (ii)  Approving and recording bond . . . $
  3.00
                           (iii)  Administering oath . . . $ 2.00
                           (iv)  Filing annual or final account of
  estate . . . $25.00
                           (v)  Filing application for sale of real or
  personal property . . . $25.00
                           (vi)  Filing annual or final report of
  guardian of a person . . . $10.00
                           (vii)  Filing a document not listed under
  this paragraph after the filing of an order approving the inventory
  and appraisement or after the 120th day after the date of the
  initial filing of the action, whichever occurs first, if more than
  25 pages . . . $25.00
                     (C)  Adverse Probate Action (Sec. 118.057) . . .
  $40.00
                     (D)  Claim Against Estate (Sec. 118.058) . . .
  $10.00
                     (E)  Supplemental Court-Initiated Guardianship
  Fee in Probate Original Actions and Adverse Probate Actions (Sec.
  118.067) . . . $20.00
                     (F)  Supplemental Public Probate Administrator
  Fee For Counties That Have Appointed a Public Probate Administrator
  (Sec. 118.068) . . . $10.00
               (3)  OTHER FEES
                     (A)  Issuing Document (Sec. 118.059):
         original document and one copy . . . $ 4.00
         each additional set of an original and one copy . . . $ 4.00
                     (B)  Certified Papers (Sec. 118.060):
         for the clerk's certificate . . . $ 5.00
         plus a fee per page or part of a page of . . . $ 1.00
                     (C)  Noncertified Papers (Sec. 118.0605):
         for each page or part of a page . . . $ 1.00
                     (D)  Letters Testamentary, Letter of
  Guardianship, Letter of Administration, or Abstract of Judgment
  (Sec. 118.061) . . . $ 2.00
                     (E)  Deposit and Safekeeping of Wills (Sec.
  118.062) . . . $ 5.00
                     (F)  Mail Service of Process (Sec. 118.063) . . .
  same as sheriff
                     (G)  Records Management and Preservation Fee
  . . . $ 5.00
                     (H)  Records Technology and Infrastructure Fee if
  authorized by the commissioners court of the county (Sec. 118.026)
  . . . $ 2.00
         SECTION 2.15.  The heading to Section 25.10, Penal Code, is
  amended to read as follows:
         Sec. 25.10.  INTERFERENCE WITH CERTAIN POSSESSORY RIGHTS [OF
  GUARDIAN OF THE PERSON].
         SECTION 2.16.  Section 25.10(a), Penal Code, is amended by
  amending Subdivision (1) and adding Subdivision (1-a) to read as
  follows:
         (a)  In this section:
               (1)  "Incapacitated adult" and "parental
  administrator" have the meanings assigned by Section 1359.0001,
  Estates Code.
               (1-a)  "Possessory right" means:
                     (A)  the right of a guardian of the person to have
  physical possession of a ward and to establish the ward's legal
  domicile, as provided by Section 1151.051(c)(1), Estates Code; or
                     (B)  the right of a parental administrator to have
  physical possession of an incapacitated adult and to establish the
  incapacitated adult's legal domicile, as provided by Section
  1359.0108, Estates Code.
         SECTION 2.17.  Section 25.10, Penal Code, is amended by
  adding Subsection (b-1) and amending Subsection (d) to read as
  follows:
         (b-1)  A person commits an offense if the person takes,
  retains, or conceals an incapacitated adult when the person knows
  that the person's taking, retention, or concealment interferes with
  a possessory right with respect to the incapacitated adult that is
  established in the order appointing a parental administrator by
  including the right of the parental administrator to:
               (1)  have physical possession of the incapacitated
  adult; or
               (2)  establish the incapacitated adult's legal
  domicile.
         (d)  This section does not apply to a governmental entity
  where the taking, retention, or concealment of the individual
  [ward] was authorized by Subtitle E, Title 5, Family Code, or
  Chapter 48, Human Resources Code.
         SECTION 2.18.  The changes in law made by this Act to Section
  25.10, Penal Code, apply only to an offense committed on or after
  the effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this section, an offense
  was committed before the effective date of this Act if any element
  of the offense occurred before that date.
  ARTICLE 3. EFFECTIVE DATE
         SECTION 3.01.  This Act takes effect September 1, 2019.
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