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A BILL TO BE ENTITLED
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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 CHILDREN FOR ACCESS TO WARD; |
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HEARING AND COURT ORDER. (a) A child of a ward may file an |
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application with the court requesting access to the ward, including |
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the opportunity to establish visitation or communication with the |
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ward. |
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(b) Except as provided by Subsection (c), 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 (a). 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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(c) If an application under Subsection (a) 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 (a). |
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(d) The guardian of a ward with respect to whom an |
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application is filed under Subsection (a) 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 (b) at least 21 days before the date of |
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the hearing; and |
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(2) Subsection (c) as soon as practicable. |
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(e) 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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(f) 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 any prior protective orders issued |
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against the applicant to protect 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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(g) 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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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) The guardian of an adult ward shall as soon as |
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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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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. |