| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the contents of a court order appointing a guardian of |
|
|
the person of a ward. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1101.151, Estates Code, as effective |
|
|
January 1, 2014, is amended by amending Subsection (b) and adding |
|
|
Subsection (c) to read as follows: |
|
|
(b) An order appointing a guardian under this section must |
|
|
contain findings of fact and specify: |
|
|
(1) the information required by Section 1101.153(a); |
|
|
(2) that the guardian has full authority over the |
|
|
incapacitated person; |
|
|
(3) if necessary, the amount of funds from the corpus |
|
|
of the person's estate the court will allow the guardian to spend |
|
|
for the education and maintenance of the person under Subchapter A, |
|
|
Chapter 1156; |
|
|
(4) whether the person is totally incapacitated |
|
|
because of a mental condition; [and] |
|
|
(5) that the person does not have the capacity to |
|
|
operate a motor vehicle and to vote in a public election; and |
|
|
(6) if it is a guardianship of the person of the ward |
|
|
or of both the person and the estate of the ward, the rights of the |
|
|
guardian with respect to the person as specified in Section |
|
|
1151.051(c)(1). |
|
|
(c) An order appointing a guardian under this section that |
|
|
includes the rights of the guardian with respect to the person as |
|
|
specified in Section 1151.051(c)(1) must also contain the following |
|
|
prominently displayed statement in boldfaced type, in capital |
|
|
letters, or underlined: |
|
|
"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY |
|
|
USE REASONABLE EFFORTS TO ENFORCE THE RIGHT OF A GUARDIAN OF THE |
|
|
PERSON OF A WARD TO HAVE PHYSICAL POSSESSION OF THE WARD OR TO |
|
|
ESTABLISH THE WARD'S LEGAL DOMICILE AS SPECIFIED IN THIS ORDER. A |
|
|
PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE |
|
|
OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST |
|
|
ANY CIVIL OR OTHER CLAIM REGARDING THE OFFICER'S GOOD FAITH ACTS |
|
|
PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE |
|
|
TERMS OF THIS ORDER THAT RELATE TO THE ABOVE-MENTIONED RIGHTS OF THE |
|
|
COURT-APPOINTED GUARDIAN OF THE PERSON OF THE WARD. ANY PERSON WHO |
|
|
KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO |
|
|
LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY |
|
|
CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS |
|
|
$10,000." |
|
|
SECTION 2. Section 1101.152, Estates Code, as effective |
|
|
January 1, 2014, is amended by adding Subsection (c) to read as |
|
|
follows: |
|
|
(c) An order appointing a guardian under this section that |
|
|
includes the right of the guardian to have physical possession of |
|
|
the ward or to establish the ward's legal domicile as specified in |
|
|
Section 1151.051(c)(1) must also contain the following prominently |
|
|
displayed statement in boldfaced type, in capital letters, or |
|
|
underlined: |
|
|
"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY |
|
|
USE REASONABLE EFFORTS TO ENFORCE THE RIGHT OF A GUARDIAN OF THE |
|
|
PERSON OF A WARD TO HAVE PHYSICAL POSSESSION OF THE WARD OR TO |
|
|
ESTABLISH THE WARD'S LEGAL DOMICILE AS SPECIFIED IN THIS ORDER. A |
|
|
PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE |
|
|
OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST |
|
|
ANY CIVIL OR OTHER CLAIM REGARDING THE OFFICER'S GOOD FAITH ACTS |
|
|
PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE |
|
|
TERMS OF THIS ORDER THAT RELATE TO THE ABOVE-MENTIONED RIGHTS OF THE |
|
|
COURT-APPOINTED GUARDIAN OF THE PERSON OF THE WARD. ANY PERSON WHO |
|
|
KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO |
|
|
LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY |
|
|
CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS |
|
|
$10,000." |
|
|
SECTION 3. This Act takes effect January 1, 2014. |