Bill Text: TX SB1709 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the requirement of a guardian to provide information regarding a ward's health and residence to certain relatives of the ward.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-06-15 - Effective immediately [SB1709 Detail]
Download: Texas-2017-SB1709-Enrolled.html
S.B. No. 1709 |
|
||
relating to the requirement of a guardian to provide information | ||
regarding a ward's health and residence to certain relatives of the | ||
ward. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1051.103, Estates Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A citation served as provided by Subsection (a) to a | ||
relative of the proposed ward described by Subsection (a)(2) or (4) | ||
must contain a statement notifying the relative that, if a | ||
guardianship is created for the proposed ward, the relative must | ||
elect in writing in order to receive notice about the ward under | ||
Section 1151.056. | ||
SECTION 2. Section 1051.104, Estates Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) Notice required by Subsection (a) to a relative of the | ||
proposed ward described by Subsection (a)(1) or (2) must contain a | ||
statement notifying the relative that, if a guardianship is created | ||
for the proposed ward, the relative must elect in writing in order | ||
to receive notice about the ward under Section 1151.056. | ||
SECTION 3. Section 1151.056, Estates Code, is amended by | ||
amending Subsections (a) and (g) and adding Subsections (h) and (i) | ||
to read as follows: | ||
(a) This section applies only with respect to a relative | ||
[ |
||
(1) against whom a protective order has not been | ||
issued to protect the ward; | ||
(2) who has not been found by a court or other state | ||
agency to have abused, neglected, or exploited the ward; and | ||
(3) who has elected in writing to receive the notice | ||
about a ward under this section. | ||
(g) In considering a motion under Subsection (e), the court | ||
shall relieve the guardian of the duty to provide notice about a | ||
ward to a relative under this section if the court finds that: | ||
(1) the motion includes a written request from a | ||
relative electing to not receive the notice; | ||
(2) the guardian was unable to locate the relative | ||
after making reasonable efforts to discover and locate the | ||
relative; | ||
(3) the guardian was able to locate the relative, but | ||
was unable to establish communication with the relative after | ||
making reasonable efforts to establish communication; or | ||
(4) [ |
||
|
||
[ |
||
|
||
[ |
||
(h) A guardian, as soon as possible but not later than | ||
September 1, 2019, shall provide notice to a relative of the ward | ||
described under Sections 1101.001(b)(13)(A)-(D) whose whereabouts | ||
are known or can reasonably be ascertained that the relative must | ||
elect in writing in order to receive notice about the ward under | ||
this section. This subsection applies only to a guardianship: | ||
(1) created on or before the effective date of this | ||
subsection; or | ||
(2) created after the effective date of this | ||
subsection if the application for the guardianship was pending on | ||
the effective date of this subsection. | ||
(i) This subsection and Subsection (h) expire January 1, | ||
2020. | ||
SECTION 4. The changes in law made by this Act apply to a | ||
guardianship created before, on, or after the effective date of | ||
this Act. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1709 passed the Senate on | ||
April 25, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1709 passed the House on | ||
May 23, 2017, by the following vote: Yeas 146, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |