The bills below could impact guardianship reform and supported decision making for people with disabilities in Texas.
Guardianship and Alternatives Bills — Passed
BILL | AUTHOR | DESCRIPTION, REMARKS, LAST ACTION |
SB 36 | Judith Zaffirini | Relating to the regulation of certain guardianship programs. |
no data | no data | Remarks: Creates standard regulation and oversight of guardianship programs through required registration and minimum standards for program operation. |
no data | no data | Last Action: 09-01-17 G Earliest effective date |
SB 39 | Judith Zaffirini | Relating to guardianships for persons who have physical disabilities or who are incapacitated. |
no data | no data | Remarks: Reforms laws regarding abuse prevention in Powers of Attorney. Adds language related to supporters' 'fiduciary' responsibility or legal duties and decision-making authority in supported decision-making agreements (SDMAs). Clarifies that the person maintains decision-making authority in the SDMA and provides a form. Provides for appointment of alternate supporter for limited purposes. |
no data | no data | Last Action: 09-01-17 G Earliest effective date |
SB 40 | Judith Zaffirini | Relating to the bond required and the bond insurance obtained for certain judges. |
no data | no data | Remarks: Requires county and statutory judges hearing guardianship cases to have a bond or equivalent insurance to protect against losses caused by gross negligence in performing the duties of the office. |
no data | no data | Last Action: 09-01-17 G Earliest effective date |
SB 511 | Jose Rodriguez | Relating to a written declaration to designate a guardian before the need for a guardian arises. |
no data | no data | Remarks: Requires individuals wishing to declare guardian (in advance of when the guardianship is to occur) to have their written declaration notarized. |
no data | no data | Last Action: 09-01-17 G Earliest effective date |
SB 1016 | Brandon Creighton | Relating to the appointment and duties of court investigators for certain courts in guardianship proceedings. |
no data | no data | Remarks: Requires a judge to serve as a “court investigator.” Specifies that judges and the commissioners court may authorize additional court investigators for a county if necessary |
no data | no data | Last Action: 09-01-17 G Earliest effective date |
SB 1096 | Judith Zaffirini | Relating to guardianships. |
no data | no data | Remarks: Establishes a guardian registration program. |
no data | no data | Last Action: 09-01-17 G Earliest effective date |
SB 1709 | Judith Zaffirini | Relating to the requirement of a guardian to provide information regarding a ward's health and residence to certain relatives of the ward. |
no data | no data | Remarks: Clarifies that a guardian is not required to provide information about a person under guardianship to a relative unless the relative elects in writing to receive information. It continues to exclude a relative against whom a protective order has been issued or who has been found by a court to be guilty of abusing, neglecting, or exploiting the ward. |
no data | no data | Last Action: 06-15-17 G Earliest effective date |
SB 1710 | Judith Zaffirini | Relating to applications for the complete restoration of a ward's capacity or modification of a guardianship. |
no data | no data | Remarks: Allows a restoration of capacity motion to proceed without appointing a successor guardian first when the original guardian resigned, was removed, or died. Provides procedural steps for investigating and reporting to the court and the person proposed for restoration concerning termination or modification of a guardianship, requiring the investigator or guardian ad litem to file the application for restoration of competency or modification on the person's behalf if in the person's best interest. |
no data | no data | Last Action: 09-01-17 G Earliest effective date |
SB 1764 | Judith Zaffirini | Relating to termination of a guardianship of the estate for a ward who is the designated beneficiary of a Texas Achieving a Better Life Experience (ABLE) Program account. |
no data | no data | Remarks: Authorizes the court to terminate a guardianship of the estate of a person whose assets have been placed in an ABLE account for which the person is the beneficiary. Adds ABLE accounts to the list of investments considered to have met the standard required of guardians for investments for persons under guardianship. Authorizes the investment of money recovered in lawsuit by a minor or incapacitated person who has no legal guardian by a next friend or guardian ad litem in an ABLE account as well as other instruments. |
no data | no data | Last Action: 09-01-17 G Earliest effective date |
Guardianship and Alternatives Bills — Not Passed
BILL | AUTHOR | DESCRIPTION, REMARKS, LAST ACTION |
SB 37 | Judith Zaffirini | Relating to the requirement to obtain certification for attorneys representing persons in guardianship proceedings. |
no data | no data | Remarks: Would have required all attorneys in guardianship cases to complete a certification course provided by the State Bar of Texas. |
no data | no data | Last Action: 05-21-17 H Failed to pass to third reading (Vote: N: 76/Y: 62) |
SB 498 | Judith Zaffirini | Relating to the use of person first respectful language instead of the term "ward." |
no data | no data | Remarks: Would have required the use of respectful language (like "person with a guardian" and "alleged incapacitated person") instead of the term "ward" in any new provision or change to the law. Would not have invalidated existing law that does not use the respectful, person-first language. |
no data | no data | Last Action: 05-23-17 H Failed to pass to third reading (Vote: N: 73/Y: 72) |
SB 667 | Judith Zaffirini | Relating to establishing a guardianship compliance program. |
no data | no data | Remarks: Would have expanded the Office of Court Administration's (OCA) Guardianship Compliance Project. The project has assisted 18 courts by reviewing guardianship files to ensure compliance with state reporting mandates and other laws. Would have required judicial misconduct reporting to Commission on Judicial Conduct; however, court participation would be voluntary. This measure aligns with OCA's exceptional item request to fund this expansion. |
no data | no data | Last Action: 06-15-17 G Vetoed by the Governor |
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