Bill Text: TX SB1606 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to evidence and orders regarding intellectual disability or mental condition in certain guardianship proceedings.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB1606 Detail]
Download: Texas-2023-SB1606-Enrolled.html
S.B. No. 1606 |
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relating to evidence and orders regarding intellectual disability | ||
or mental condition in certain guardianship proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1101.104, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING | ||
INTELLECTUAL DISABILITY. (a) If an intellectual disability is the | ||
basis of the proposed ward's alleged incapacity, the court may not | ||
grant an application to create a guardianship for the proposed ward | ||
unless the applicant presents to the court a written letter or | ||
certificate that: | ||
(1) complies with Sections 1101.103(a) and (b); or | ||
(2) shows that not earlier than 24 months before the | ||
hearing date: | ||
(A) the proposed ward has been examined by a | ||
physician or psychologist licensed in this state or certified by | ||
the Health and Human [ |
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Commission to perform the examination, in accordance with rules of | ||
the executive commissioner of the commission [ |
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physician's or psychologist's written findings and recommendations | ||
include a determination of an intellectual disability; or | ||
(B) a physician or psychologist licensed in this | ||
state or certified by the Health and Human [ |
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by Paragraph (A) updated or endorsed in writing a prior | ||
determination of an intellectual disability for the proposed ward | ||
made by a physician or psychologist licensed in this state or | ||
certified by the commission [ |
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(b) A physician or psychologist described by Subsection | ||
(a)(2)(A) must preferably have experience examining individuals | ||
with an intellectual disability. For purposes of this subsection, | ||
a physician or psychologist is considered to have experience | ||
examining individuals with an intellectual disability if the | ||
physician or psychologist has an established patient-provider | ||
relationship with the proposed ward. | ||
SECTION 2. Section 1202.152(a), Estates Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Section 1202.1521, the [ |
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may not grant an order completely restoring a ward's capacity or | ||
modifying a ward's guardianship under an application filed under | ||
Section 1202.051 unless the applicant presents to the court a | ||
written letter or certificate from a physician licensed in this | ||
state that is dated: | ||
(1) not earlier than the 120th day before the date the | ||
application was filed; or | ||
(2) after the date the application was filed but | ||
before the date of the hearing. | ||
SECTION 3. Subchapter D, Chapter 1202, Estates Code, is | ||
amended by adding Section 1202.1521 to read as follows: | ||
Sec. 1202.1521. LETTER OR CERTIFICATE: REQUIREMENTS IF | ||
ALLEGED INCAPACITY BASED ON INTELLECTUAL DISABILITY. (a) If an | ||
intellectual disability is the basis of a ward's alleged | ||
incapacity, instead of the letter or certificate required under | ||
Section 1202.152(a), the court shall, subject to Subsection (c), | ||
consider a written letter or certificate the applicant presents | ||
from: | ||
(1) a physician licensed in this state; or | ||
(2) a psychologist licensed in this state or certified | ||
by the Health and Human Services Commission to perform the | ||
examination, in accordance with rules adopted by the executive | ||
commissioner of the commission governing examinations of that kind. | ||
(b) The letter or certificate must: | ||
(1) state, in the physician's or psychologist's | ||
opinion, whether the ward has the capacity, or sufficient capacity | ||
with supports and services, to do any of the activities listed in | ||
Section 1202.152(b)(1); | ||
(2) state how or in what manner the ward's ability to | ||
make or communicate reasonable decisions concerning himself or | ||
herself is affected by the ward's mental capacity; | ||
(3) include any other information required by the | ||
court; and | ||
(4) be dated within the period prescribed by Section | ||
1202.152(a)(1) or (2). | ||
(c) The physician or psychologist who provides a letter or | ||
certificate under this section must preferably have experience | ||
examining individuals with an intellectual disability. For | ||
purposes of this subsection, a physician or psychologist is | ||
considered to have experience examining individuals with an | ||
intellectual disability if the physician or psychologist has an | ||
established patient-provider relationship with the ward. | ||
SECTION 4. Section 1202.155, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1202.155. ADDITIONAL REQUIREMENTS FOR ORDER RESTORING | ||
WARD'S CAPACITY. If the court finds that a ward is no longer an | ||
incapacitated person, the order completely restoring the ward's | ||
capacity must contain findings of fact and specify, in addition to | ||
the information required by Section 1202.154: | ||
(1) that the ward is no longer an incapacitated | ||
person; | ||
(2) that there is no further need for a guardianship of | ||
the person or estate of the ward; | ||
(3) [ |
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(A) immediately settle the guardianship in | ||
accordance with this title; and | ||
(B) deliver all of the remaining guardianship | ||
estate to the ward; and | ||
(4) [ |
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guardianship when the guardianship is finally settled and closed. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
an application for the appointment of a guardian, for the complete | ||
restoration of a ward's capacity, or for the modification of a | ||
guardianship, as applicable, that is filed on or after the | ||
effective date of this Act. An application filed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the application was filed, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1606 passed the Senate on | ||
April 25, 2023, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1606 passed the House on | ||
May 24, 2023, by the following vote: Yeas 131, Nays 7, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |