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