H.B. No. 3112
 
 
 
 
AN ACT
  relating to the referral of an elderly or disabled person to the
  Department of Aging and Disability Services and the determination
  by that agency of the need for a guardianship for that person.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 161.101, Human Resources Code, is
  amended by amending Subsections (b) and (c) and adding Subsections
  (c-1) and (c-2) to read as follows:
         (b)  The department shall conduct a thorough assessment of
  the conditions and circumstances of an elderly or disabled person
  referred to the department under Section 48.209(a)(2) for
  guardianship services to determine whether a guardianship is
  appropriate for the individual or whether a less restrictive
  alternative is available for the individual.  In determining
  whether a guardianship is appropriate, the department may consider
  the resources and funds available to meet the needs of the elderly
  or disabled person.  The executive commissioner shall adopt rules
  for the administration of this subsection.
         (c)  Subject to Subsection (c-1), if [If] after conducting an
  assessment of an elderly or disabled person under Subsection (b)
  the department determines that:
               (1)  [a] guardianship is appropriate for the elderly or
  disabled person, the department shall:
                     (A)  file an application under Section 682 or 875,
  Texas Probate Code, to be appointed guardian of the person or
  estate, or both, of the individual; or
                     (B)  if the department determines that an
  alternative person or program described by Section 161.102 is
  available to serve as guardian, refer the individual to that person
  or program as provided by that section; or
               (2)  [.     If after conducting the assessment the
  department determines that] a less restrictive alternative to
  guardianship is available for the elderly or disabled person, the
  department shall pursue the less restrictive alternative instead of
  taking an action described by Subdivision (1) [applying for
  appointment as the person's guardian].
         (c-1)  Not later than the 70th day after the date the
  department receives a referral under Section 48.209(a)(2) for
  guardianship services, the department shall make the determination
  required by Subsection (c) and, if the department determines that
  guardianship is appropriate and that the department should serve as
  guardian, file the application to be appointed guardian under
  Section 682 or 875, Texas Probate Code.  If the department
  determines that an alternative person or program described by
  Section 161.102 is available to serve as guardian, the department
  shall refer the elderly or disabled person to that person or program
  in a manner that would allow the person or program sufficient time
  to file, not later than the 70th day after the date the department
  received the referral, an application to be appointed guardian.
         (c-2)  With the approval of the Department of Family and
  Protective Services, the department may extend, by not more than 30
  days, a period prescribed by Subsection (c-1) if the extension is:
               (1)  made in good faith, including any extension for a
  person or program described by Section 161.102 that intends to file
  an application to be appointed guardian; and
               (2)  in the best interest of the elderly or disabled
  person.
         SECTION 2.  The changes in law made by this Act apply to a
  referral of a person by the Department of Family and Protective
  Services to the Department of Aging and Disability Services for a
  determination of the need for a guardianship that is made on or
  after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3112 was passed by the House on May
  15, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3112 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor