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AN ACT
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relating to the requirement of a guardian to provide information |
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regarding a ward's health and residence to certain relatives of the |
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ward. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1051.103, Estates Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A citation served as provided by Subsection (a) to a |
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relative of the proposed ward described by Subsection (a)(2) or (4) |
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must contain a statement notifying the relative that, if a |
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guardianship is created for the proposed ward, the relative must |
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elect in writing in order to receive notice about the ward under |
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Section 1151.056. |
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SECTION 2. Section 1051.104, Estates Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Notice required by Subsection (a) to a relative of the |
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proposed ward described by Subsection (a)(1) or (2) must contain a |
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statement notifying the relative that, if a guardianship is created |
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for the proposed ward, the relative must elect in writing in order |
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to receive notice about the ward under Section 1151.056. |
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SECTION 3. Section 1151.056, Estates Code, is amended by |
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amending Subsections (a) and (g) and adding Subsections (h) and (i) |
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to read as follows: |
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(a) This section applies only with respect to a relative |
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[relatives] described under Sections 1101.001(b)(13)(A)-(D): |
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(1) against whom a protective order has not been |
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issued to protect the ward; |
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(2) who has not been found by a court or other state |
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agency to have abused, neglected, or exploited the ward; and |
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(3) who has elected in writing to receive the notice |
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about a ward under this section. |
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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; or |
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(4) [a protective order was issued against the
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relative 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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(h) A guardian, as soon as possible but not later than |
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September 1, 2019, shall provide notice to a relative of the ward |
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described under Sections 1101.001(b)(13)(A)-(D) whose whereabouts |
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are known or can reasonably be ascertained that the relative must |
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elect in writing in order to receive notice about the ward under |
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this section. This subsection applies only to a guardianship: |
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(1) created on or before the effective date of this |
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subsection; or |
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(2) created after the effective date of this |
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subsection if the application for the guardianship was pending on |
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the effective date of this subsection. |
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(i) This subsection and Subsection (h) expire January 1, |
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2020. |
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SECTION 4. 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 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, 2017. |
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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. 1709 passed the Senate on |
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April 25, 2017, by the following vote: Yeas 31, 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. 1709 passed the House on |
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May 23, 2017, by the following vote: Yeas 146, Nays 0, two |
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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 |