By: Zaffirini	S.B. No. 1709
	(In the Senate - Filed March 9, 2017; March 22, 2017, read
	first time and referred to Committee on State Affairs;
	April 12, 2017, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 9, Nays 0; April 12, 2017,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 1709	By:  Hughes

	A BILL TO BE ENTITLED
	AN ACT
	relating to the requirement of a guardian to provide information
	regarding a ward's health and residence to certain relatives of the
	ward.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 1151.056(a) and (g), Estates Code, are
	amended to read as follows:
	(a)  This section applies only with respect to a relative
	[relatives] described under Sections 1101.001(b)(13)(A)-(D):
	(1)  against whom a protective order has not been
	issued to protect the ward;
	(2)  who has not been found by a court or other state
	agency to have abused, neglected, or exploited the ward; and
	(3)  who has elected in writing to receive the notice
	about a ward under this section.
	(g)  In considering a motion under Subsection (e), the court
	shall relieve the guardian of the duty to provide notice about a
	ward to a relative under this section if the court finds that:
	(1)  the motion includes a written request from a
	relative electing to not receive the notice;
	(2)  the guardian was unable to locate the relative
	after making reasonable efforts to discover and locate the
	relative;
	(3)  the guardian was able to locate the relative, but
	was unable to establish communication with the relative after
	making reasonable efforts to establish communication; or
	(4)  [a protective order was issued against the
	relative to protect the ward;
	[(5)     a court or other state agency has found that the
	relative abused, neglected, or exploited the ward; or
	[(6)]  notice is not in the best interest of the ward.
	SECTION 2.  The changes in law made by this Act apply to a
	guardianship created before, on, or after the effective date of
	this Act.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2017.
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