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AN ACT
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relating to the jurisdiction and procedures of a probate court in |
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certain guardianship proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.309(c), Family Code, is amended to |
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read as follows: |
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(c) A court that obtains continuing, exclusive jurisdiction |
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of a suit affecting the parent-child relationship involving a |
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disabled person who is a child retains continuing, exclusive |
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jurisdiction of subsequent proceedings involving the person, |
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including proceedings after the person is an adult. |
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Notwithstanding this subsection and any other law, a probate court |
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may exercise jurisdiction in a guardianship proceeding for the |
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person after the person is an adult. |
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SECTION 2. Section 606, Texas Probate Code, is amended by |
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adding Subsection (k) to read as follows: |
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(k) A statutory probate court or other court exercising the |
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jurisdiction of a probate court has jurisdiction in a guardianship |
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proceeding involving a disabled adult for whom another court |
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obtained continuing, exclusive jurisdiction in a suit affecting the |
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parent-child relationship when the person was a child. |
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SECTION 3. Section 682A, Texas Probate Code, is amended by |
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adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) Notwithstanding any other law, if the applicant who |
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files an application under Subsection (a) of this section or |
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Section 682 of this code is a person who was appointed conservator |
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of a disabled child for whom a court obtains jurisdiction under |
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Section 606(k) of this code, the applicant may present to the court |
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a written letter or certificate that meets the requirements of |
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Section 687(a) of this code. |
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(a-2) If, on receipt of the letter or certificate described |
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by Subsection (a-1) of this section, the court is able to make the |
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findings required by Section 684 of this code, the court, |
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notwithstanding Section 677 of this code, shall appoint the |
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conservator as guardian without conducting a hearing and shall, to |
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the extent possible, preserve the terms of possession and access to |
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the ward that applied before the court obtained jurisdiction under |
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Section 606(k) of this code. |
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SECTION 4. The change in law made by this Act applies to a |
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guardianship proceeding pending in a trial court on or filed on or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 585 was passed by the House on March |
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22, 2007, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 585 on May 17, 2007, by the following vote: Yeas 142, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 585 was passed by the Senate, with |
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amendments, on May 15, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |