Bill Text: TX SB1783 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-15 - Committee report sent to Calendars [SB1783 Detail]
Download: Texas-2019-SB1783-Engrossed.html
Bill Title: Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-15 - Committee report sent to Calendars [SB1783 Detail]
Download: Texas-2019-SB1783-Engrossed.html
By: Zaffirini | S.B. No. 1783 |
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relating to guardianships, alternatives to guardianship, and | ||
supports and services for incapacitated persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1023.005, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1023.005. COURT ACTION. (a) On hearing an | ||
application or motion under Section 1023.003, if [ |
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guardianship is in the best interests of the ward and either the | ||
ward has resided in the county to which the guardianship is to be | ||
transferred for at least six months or good cause is not otherwise | ||
shown to deny the transfer, the court shall enter an order: | ||
(1) authorizing the transfer on payment on behalf of | ||
the estate of all accrued costs; [ |
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(2) requiring that any existing bond of the guardian | ||
must remain in effect until a new bond has been given or a rider has | ||
been filed in accordance with Section 1023.010; and | ||
(3) certifying that the guardianship is in compliance | ||
with this code at the time of transfer. | ||
(b) In making a determination that the transfer is in the | ||
best interests of the ward under Subsection (a), the court may | ||
consider: | ||
(1) the interests of justice; | ||
(2) the convenience of the parties; and | ||
(3) the preference of the ward, if the ward is 12 years | ||
of age or older. | ||
(c) On receipt of an order described by Subsection (a), the | ||
county shall accept the transfer of the guardianship. | ||
SECTION 2. Section 1023.008, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1023.008. CONTINUATION OF GUARDIANSHIP. (a) When a | ||
guardianship is transferred from one county to another in | ||
accordance with this chapter: | ||
(1) [ |
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which it was transferred as if it had been originally commenced in | ||
that court; | ||
(2) the court to which the guardianship is transferred | ||
becomes the court of continuing, exclusive jurisdiction; | ||
(3) a proceeding relating to the guardianship that is | ||
commenced in the court ordering the transfer continues in the court | ||
to which the guardianship is transferred as if the proceeding | ||
commenced in the receiving court; | ||
(4) a judgment or order entered in the guardianship | ||
before the transfer has the same effect and must be enforced as a | ||
judgment or order entered by the court to which the guardianship is | ||
transferred; and | ||
(5) the court ordering the transfer does not retain: | ||
(A) jurisdiction of the ward who is the subject | ||
of the guardianship; and | ||
(B) the authority to enforce an order entered for | ||
a violation of this title that occurred before or after the | ||
transfer. | ||
(b) It is not necessary to record in the receiving court any | ||
of the papers in the case that were recorded in the court from which | ||
the case was transferred. | ||
SECTION 3. Chapter 1023, Estates Code, is amended by adding | ||
Section 1023.011 to read as follows: | ||
Sec. 1023.011. NO LIABILITY OF JUDGE. (a) When a | ||
guardianship is transferred from one county to another in | ||
accordance with this chapter, a judge of the court from which the | ||
guardianship is transferred may not be held civilly liable for any | ||
injury, damage, or loss to the ward or the ward's estate that occurs | ||
after the transfer. | ||
(b) A judge of the court to which a guardianship is | ||
transferred as described by Subsection (a) may not be held civilly | ||
liable for any injury, damage, or loss to the ward or the ward's | ||
estate that occurred before the transfer. | ||
SECTION 4. Subchapter D, Chapter 1055, Estates Code, is | ||
amended to read as follows: | ||
SUBCHAPTER D. MEDIATION | ||
Sec. 1055.151. MEDIATION OF CONTESTED GUARDIANSHIP | ||
PROCEEDING. (a) Subject to Subsection (b), on [ |
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agreement of the parties or on the court's own motion, the court may | ||
refer a contested guardianship proceeding to mediation. | ||
(b) If the court refers to mediation a proceeding under | ||
Subsection (a) regarding the appointment of a guardian for a | ||
proposed ward: | ||
(1) a determination of incapacity of the proposed ward | ||
may be an issue to be mediated, but the applicant for guardianship | ||
must still prove to the court that the proposed ward is an | ||
incapacitated person in accordance with the requirements of Chapter | ||
1101; and | ||
(2) all parties to the proceeding shall evaluate | ||
during the mediation alternatives to guardianship and supports and | ||
services available to the proposed ward, including whether the | ||
supports and services and alternatives to guardianship would be | ||
feasible to avoid the need for appointment of a guardian. | ||
(c) The cost of mediation shall be paid by the parties to the | ||
proceeding unless otherwise ordered by the court. If the parties | ||
are unable to pay the cost of mediation, the court may refer the | ||
parties to a local alternative dispute resolution center providing | ||
services as part of a system for resolution of disputes established | ||
under Section 152.002, Civil Practice and Remedies Code, if a | ||
system has been established in the county, and the local center may | ||
waive mediation costs as appropriate. | ||
Sec. 1055.152. MEDIATED SETTLEMENT AGREEMENTS. (a) A | ||
mediated settlement agreement is binding on the parties if the | ||
agreement: | ||
(1) provides, in a prominently displayed statement | ||
that is in boldfaced type, in capital letters, or underlined, that | ||
the agreement is not subject to revocation by the parties; | ||
(2) is signed by each party to the agreement; and | ||
(3) is signed by the party's attorney, if any, who is | ||
present at the time the agreement is signed. | ||
(b) [ |
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requirements of this section, a party is entitled to judgment on the | ||
mediated settlement agreement notwithstanding Rule 11, Texas Rules | ||
of Civil Procedure, or another rule or law. | ||
(c) [ |
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settlement agreement if the court finds that the agreement is not in | ||
the ward's or proposed ward's best interests. | ||
SECTION 5. Section 1202.001, Estates Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) A guardianship of the person shall be settled and | ||
closed when the court finds that the ward's incapacity needs can be | ||
managed without the necessity for that continued guardianship by an | ||
alternative to guardianship or with supports and services as | ||
provided by Subchapter F. | ||
SECTION 6. Chapter 1202, Estates Code, is amended by adding | ||
Subchapter F to read as follows: | ||
SUBCHAPTER F. TERMINATION OF GUARDIANSHIP OF THE PERSON ON FINDING | ||
THAT THE WARD'S INCAPACITY NEEDS CAN BE MANAGED WITHOUT | ||
GUARDIANSHIP | ||
Sec. 1202.231. TERMINATION OF GUARDIANSHIP OF THE PERSON ON | ||
FINDING THAT WARD'S INCAPACITY NEEDS CAN BE MANAGED WITHOUT | ||
GUARDIANSHIP. On application by the guardian of the person of a | ||
ward, a court investigator or guardian ad litem appointed by the | ||
court, or another person interested in the ward's welfare who has | ||
been granted permission by the court to intervene under Section | ||
1055.003, or on the court's own motion, the court may order that the | ||
guardianship of the person of the ward terminate and be settled and | ||
closed if the court makes the findings required under Section | ||
1202.232. | ||
Sec. 1202.232. FINDINGS REQUIRED. Before ordering the | ||
termination of a guardianship of the person under Section 1202.231, | ||
the court must find by a preponderance of the evidence that: | ||
(1) the ward remains a partially or completely | ||
incapacitated person; | ||
(2) the current nature and degree of the ward's | ||
incapacity and the ward's needs can be managed without the | ||
necessity of a continued guardianship of the person by: | ||
(A) alternatives to guardianship that are | ||
available to the ward and that are determined to be feasible; or | ||
(B) supports and services that are available to | ||
the ward and that are determined to be feasible; and | ||
(3) termination of the guardianship of the person: | ||
(A) is in the ward's best interest; and | ||
(B) will encourage the development or | ||
maintenance of maximum self-reliance and independence in the ward. | ||
Sec. 1202.233. GENERAL REQUIREMENTS FOR ORDER. A court | ||
order that terminates a guardianship of the person under this | ||
subchapter must: | ||
(1) contain the findings required under Section | ||
1202.232; | ||
(2) state the guardian's name; | ||
(3) state the ward's name; | ||
(4) specify: | ||
(A) the supports and services that: | ||
(i) will meet the ward's needs without the | ||
continued necessity for guardianship of the person; and | ||
(ii) justify the termination of that | ||
guardianship; or | ||
(B) the alternatives to guardianship that: | ||
(i) will meet the ward's needs without the | ||
continued necessity for guardianship of the person; and | ||
(ii) justify the termination of that | ||
guardianship; | ||
(5) identify the persons or entities providing or that | ||
will provide: | ||
(A) the supports and services described by | ||
Subdivision (4)(A); or | ||
(B) alternatives to guardianship described by | ||
Subdivision (4)(B); | ||
(6) state that the guardian is required to: | ||
(A) immediately settle the guardianship in | ||
accordance with this title; and | ||
(B) deliver all of the ward's remaining personal | ||
effects and assets, if any, to the persons or entities identified | ||
under Subdivision (5)(A) or (B), as applicable; and | ||
(7) state that the clerk shall revoke letters of | ||
guardianship of the person when the guardianship is finally settled | ||
and closed. | ||
Sec. 1202.234. NOTICE; APPOINTMENT OF ATTORNEY AD LITEM OR | ||
GUARDIAN AD LITEM. A court may enter additional orders in the best | ||
interest of the ward, including: | ||
(1) requiring notice to interested persons; or | ||
(2) appointing an attorney ad litem or guardian ad | ||
litem, or both, for the ward. | ||
SECTION 7. Chapter 155, Government Code, is amended by | ||
adding Subchapter G to read as follows: | ||
SUBCHAPTER G. GUARDIANSHIP MEDIATION TRAINING | ||
Sec. 155.301. TRAINING. (a) The office by rule shall | ||
establish a training course with at least 24 hours of training for | ||
persons facilitating mediations under Title 3, Estates Code, that | ||
may be provided by a mediation training provider approved by the | ||
office. A mediation training provider shall adhere to the | ||
established curriculum in providing the training course. | ||
(b) This section does not require a mediator facilitating a | ||
mediation under Title 3, Estates Code, to attend or be certified | ||
under a training course established under Subsection (a). | ||
SECTION 8. The changes in law made by this Act apply to a | ||
guardianship created before, on, or after the effective date of | ||
this Act. | ||
SECTION 9. The Office of Court Administration of the Texas | ||
Judicial System is required to implement a provision of this Act | ||
only if the legislature appropriates money specifically for that | ||
purpose. If the legislature does not appropriate money | ||
specifically for that purpose, the office may, but is not required | ||
to, implement a provision of this Act using other appropriations | ||
available for that purpose. | ||
SECTION 10. This Act takes effect September 1, 2019. |