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AN ACT
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relating to a bill of rights for wards under guardianship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1151, Estates Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. RIGHTS OF WARDS |
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Sec. 1151.351. BILL OF RIGHTS FOR WARDS. (a) A ward has |
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all the rights, benefits, responsibilities, and privileges granted |
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by the constitution and laws of this state and the United States, |
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except where specifically limited by a court-ordered guardianship |
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or where otherwise lawfully restricted. |
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(b) Unless limited by a court or otherwise restricted by |
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law, a ward is authorized to the following: |
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(1) to have a copy of the guardianship order and |
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letters of guardianship and contact information for the probate |
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court that issued the order and letters; |
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(2) to have a guardianship that encourages the |
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development or maintenance of maximum self-reliance and |
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independence in the ward with the eventual goal, if possible, of |
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self-sufficiency; |
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(3) to be treated with respect, consideration, and |
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recognition of the ward's dignity and individuality; |
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(4) to reside and receive support services in the most |
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integrated setting, including home-based or other community-based |
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settings, as required by Title II of the Americans with |
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Disabilities Act (42 U.S.C. Section 12131 et seq.); |
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(5) to consideration of the ward's current and |
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previously stated personal preferences, desires, medical and |
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psychiatric treatment preferences, religious beliefs, living |
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arrangements, and other preferences and opinions; |
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(6) to financial self-determination for all public |
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benefits after essential living expenses and health needs are met |
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and to have access to a monthly personal allowance; |
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(7) to receive timely and appropriate health care and |
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medical treatment that does not violate the ward's rights granted |
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by the constitution and laws of this state and the United States; |
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(8) to exercise full control of all aspects of life not |
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specifically granted by the court to the guardian; |
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(9) to control the ward's personal environment based |
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on the ward's preferences; |
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(10) to complain or raise concerns regarding the |
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guardian or guardianship to the court, including living |
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arrangements, retaliation by the guardian, conflicts of interest |
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between the guardian and service providers, or a violation of any |
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rights under this section; |
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(11) to receive notice in the ward's native language, |
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or preferred mode of communication, and in a manner accessible to |
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the ward, of a court proceeding to continue, modify, or terminate |
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the guardianship and the opportunity to appear before the court to |
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express the ward's preferences and concerns regarding whether the |
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guardianship should be continued, modified, or terminated; |
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(12) to have a court investigator, guardian ad litem, |
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or attorney ad litem appointed by the court to investigate a |
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complaint received by the court from the ward or any person about |
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the guardianship; |
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(13) to participate in social, religious, and |
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recreational activities, training, employment, education, |
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habilitation, and rehabilitation of the ward's choice in the most |
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integrated setting; |
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(14) to self-determination in the substantial |
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maintenance, disposition, and management of real and personal |
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property after essential living expenses and health needs are met, |
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including the right to receive notice and object about the |
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substantial maintenance, disposition, or management of clothing, |
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furniture, vehicles, and other personal effects; |
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(15) to personal privacy and confidentiality in |
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personal matters, subject to state and federal law; |
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(16) to unimpeded, private, and uncensored |
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communication and visitation with persons of the ward's choice, |
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except that if the guardian determines that certain communication |
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or visitation causes substantial harm to the ward: |
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(A) the guardian may limit, supervise, or |
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restrict communication or visitation, but only to the extent |
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necessary to protect the ward from substantial harm; and |
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(B) the ward may request a hearing to remove any |
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restrictions on communication or visitation imposed by the guardian |
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under Paragraph (A); |
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(17) to petition the court and retain counsel of the |
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ward's choice who holds a certificate required by Subchapter E, |
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Chapter 1054, to represent the ward's interest for capacity |
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restoration, modification of the guardianship, the appointment of a |
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different guardian, or for other appropriate relief under this |
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subchapter, including a transition to a supported decision-making |
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agreement, except as limited by Section 1054.006; |
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(18) to vote in a public election, marry, and retain a |
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license to operate a motor vehicle, unless restricted by the court; |
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(19) to personal visits from the guardian or the |
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guardian's designee at least once every three months, but more |
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often, if necessary, unless the court orders otherwise; |
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(20) to be informed of the name, address, phone |
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number, and purpose of Disability Rights Texas, an organization |
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whose mission is to protect the rights of, and advocate for, persons |
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with disabilities, and to communicate and meet with representatives |
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of that organization; |
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(21) to be informed of the name, address, phone |
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number, and purpose of an independent living center, an area agency |
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on aging, an aging and disability resource center, and the local |
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mental health and intellectual and developmental disability |
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center, and to communicate and meet with representatives from these |
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agencies and organizations; |
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(22) to be informed of the name, address, phone |
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number, and purpose of the Judicial Branch Certification Commission |
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and the procedure for filing a complaint against a certified |
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guardian; |
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(23) to contact the Department of Family and |
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Protective Services to report abuse, neglect, exploitation, or |
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violation of personal rights without fear of punishment, |
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interference, coercion, or retaliation; and |
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(24) to have the guardian, on appointment and on |
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annual renewal of the guardianship, explain the rights delineated |
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in this subsection in the ward's native language, or preferred mode |
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of communication, and in a manner accessible to the ward. |
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(c) This section does not supersede or abrogate other |
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remedies existing in law. |
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SECTION 2. 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 hereby certify that S.B. No. 1882 passed the Senate on |
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May 12, 2015, by the following vote: Yeas 30, Nays 0; |
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May 29, 2015, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 29, 2015, House |
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granted request of the Senate; May 31, 2015, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1882 passed the House, with |
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amendment, on May 22, 2015, by the following vote: Yeas 138, |
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Nays 2, two present not voting; May 29, 2015, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2015, House adopted Conference Committee Report by the |
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following vote: Yeas 141, Nays 1, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |