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AN ACT
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relating to access to and receipt of certain information regarding |
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a ward by certain relatives of the ward. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 1151, Estates Code, is |
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amended by adding Sections 1151.055 and 1151.056 to read as |
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follows: |
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Sec. 1151.055. APPLICATION BY CERTAIN RELATIVES FOR ACCESS |
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TO WARD; HEARING AND COURT ORDER. (a) This section applies to a |
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relative described under Sections 1101.001(b)(13)(A)-(D). |
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(b) A relative of a ward may file an application with the |
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court requesting access to the ward, including the opportunity to |
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establish visitation or communication with the ward. |
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(c) Except as provided by Subsection (d), the court shall |
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schedule a hearing on the application not later than the 60th day |
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after the date an application is filed under Subsection (b). The |
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court may grant a continuance of a hearing under this section for |
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good cause. |
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(d) If an application under Subsection (b) states that the |
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ward's health is in significant decline or that the ward's death may |
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be imminent, the court shall conduct an emergency hearing as soon as |
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practicable, but not later than the 10th day after the date the |
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application is filed under Subsection (b). |
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(e) The guardian of a ward with respect to whom an |
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application is filed under Subsection (b) shall be personally |
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served with a copy of the application and cited to appear at a |
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hearing under: |
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(1) Subsection (c) at least 21 days before the date of |
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the hearing; and |
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(2) Subsection (d) as soon as practicable. |
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(f) The court shall issue an order after notice and a |
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hearing under this section. An order issued under this section may: |
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(1) prohibit the guardian of a ward from preventing |
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the applicant access to the ward if the applicant shows by a |
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preponderance of the evidence that: |
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(A) the guardian's past act or acts prevented |
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access to the ward; and |
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(B) the ward desires contact with the applicant; |
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and |
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(2) specify the frequency, time, place, location, and |
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any other terms of access. |
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(g) In deciding whether to issue or modify an order issued |
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under this section, the court: |
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(1) shall consider: |
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(A) whether any protective orders have been |
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issued against the applicant to protect the ward; |
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(B) whether a court or other state agency has |
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found that the applicant abused, neglected, or exploited the ward; |
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and |
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(C) the best interest of the ward; and |
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(2) may consider whether: |
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(A) visitation by the applicant should be limited |
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to situations in which a third person, specified by the court, is |
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present; or |
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(B) visitation should be suspended or denied. |
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(h) The court may, in its discretion, award the prevailing |
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party in any action brought under this section court costs and |
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attorney's fees, if any. |
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Court costs or attorney's fees awarded |
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under this subsection may not be paid from the ward's estate. |
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Sec. 1151.056. GUARDIAN'S DUTY TO INFORM CERTAIN RELATIVES |
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ABOUT WARD'S HEALTH AND RESIDENCE. (a) This section applies with |
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respect to relatives described under Sections |
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1101.001(b)(13)(A)-(D). |
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(b) Except as provided by Subsection (e), the guardian of an |
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adult ward shall as soon as practicable inform relatives if: |
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(1) the ward dies; |
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(2) the ward is admitted to a medical facility for |
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acute care for a period of three days or more; |
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(3) the ward's residence has changed; or |
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(4) the ward is staying at a location other than the |
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ward's residence for a period that exceeds one calendar week. |
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(c) In the case of the ward's death, the guardian shall |
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inform relatives of any funeral arrangements and the location of |
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the ward's final resting place. |
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(d) A relative entitled to notice about a ward under this |
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section may elect to not receive the notice by providing a written |
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request to that effect to the guardian. A guardian shall file any |
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written request received by the guardian under this subsection with |
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the court. |
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(e) On motion filed with the court showing good cause and |
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after a relative is provided an opportunity to present evidence to |
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the court under Subsection (f), the court, subject to Subsection |
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(g), may relieve the guardian of the duty to provide notice about a |
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ward to a relative under this section. |
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(f) A copy of the motion required under Subsection (e) shall |
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be provided to the relative specifically named in the motion unless |
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the guardian was unable to locate the relative after making |
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reasonable efforts to discover and locate the relative. The |
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relative provided notice under this subsection may file evidence |
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with the court in response to the motion, and the court shall |
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consider that evidence before making a decision on the motion. |
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(g) In considering a motion under Subsection (e), the court |
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shall relieve the guardian of the duty to provide notice about a |
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ward to a relative under this section if the court finds that: |
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(1) the motion includes a written request from a |
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relative electing to not receive the notice; |
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(2) the guardian was unable to locate the relative |
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after making reasonable efforts to discover and locate the |
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relative; |
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(3) the guardian was able to locate the relative, but |
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was unable to establish communication with the relative after |
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making reasonable efforts to establish communication; |
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(4) a protective order was issued against the relative |
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to protect the ward; |
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(5) a court or other state agency has found that the |
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relative abused, neglected, or exploited the ward; or |
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(6) notice is not in the best interest of the ward. |
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SECTION 2. The changes in law made by this Act apply to a |
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guardianship created before, on, or after the effective date of |
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this Act. |
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SECTION 3. 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, 2015. |
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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. 2665 was passed by the House on May 8, |
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2015, by the following vote: Yeas 136, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2665 on May 27, 2015, by the following vote: Yeas 138, Nays 1, |
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2 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. 2665 was passed by the Senate, with |
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amendments, on May 25, 2015, 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 |