H.B. No. 1470




AN ACT



relating to guardianships and the jurisdiction of certain
courts; providing a criminal penalty.


	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:


[SECTIONS 1-31 omitted from website. The full text is available at
ftp://ftp2.capitol.state.tx.us/pub/lis/78r/]


	SECTION 32.  Chapter 25, Penal Code, is amended by adding
Section 25.10 to read as follows:


	Sec. 25.10.  INTERFERENCE WITH RIGHTS OF GUARDIAN
OF THE PERSON.  (a)  In this section:


		(1)  "Possessory right" means the right of a guardian
of the person to have physical possession of a ward
and to establish the ward's legal domicile, as provided
by Section 767(1), Texas Probate Code.


		(2)  "Ward" has the meaning assigned by Section 601,
Texas Probate Code.


	(b)  A person commits an offense if the person takes,
retains, or conceals a ward when the person knows that
the person's taking, retention, or concealment interferes
with a possessory right with respect to the ward.


	(c)  An offense under this section is a state jail
felony.


	(d)  This section does not apply to a governmental
entity where the taking, retention, or concealment
of the ward was authorized by Subtitle E, Title 5,
Family Code, or Chapter 48, Human Resources Code.


	SECTION 33.  Sections 606(a) and 607(c), (d), and (e),
Texas Probate Code, are repealed.


	SECTION 34.  (a)  The changes in law made by Sections
1-6 and 33 of this Act apply only to a guardianship
proceeding or other action commenced on or after the
effective date of this Act without regard to whether
a guardian of the person or estate, or both, was appointed
for the ward before, on, or after that date.


	(b)  A guardianship proceeding or other action commenced
before the effective date of this Act is governed by
the law applicable to the proceeding or action immediately
before the effective date of this Act, and that law
is continued in effect for that purpose.


	SECTION 35.  Sections 389, 856, 859, and 864, Texas
Probate Code, are repealed.


	SECTION 36.  The change in law made by Section 7 of
this Act applies only to a motion to transfer or a
cause of action filed on or after the effective date
of this Act.


	SECTION 37.  The changes in law made by Sections 8-12
of this Act apply only to an application for the appointment
of a guardian filed on or after the effective date
of this Act.  An application for the appointment of
a guardian filed before the effective date of this
Act is governed by the law in effect on the date the
application was filed, and the former law is continued
in effect for that purpose.


	SECTION 38.  The changes in law made by Sections 13
and 16 of this Act apply only to a person appointed
by a court to serve as guardian of the person or estate
of a ward on or after the effective date of this Act.
 A person appointed by a court to serve as guardian
of the person or estate of a ward before the effective
date of this Act is governed by the law in effect immediately
before the effective date of this Act, and the former
law is continued in effect for that purpose.


	SECTION 39.  (a)  The changes in law made by Sections
17-29 of this Act apply only to an application for
the appointment of a guardian that is filed on or after
September 1, 2003.


	(b)  The following may be modified to conform to the
changes in law made by Sections 17-29 of this Act:


		(1)  an application for the appointment of a guardian
that is filed before September 1, 2003, in which a
guardianship has not been created; and


		(2)  a guardianship existing on September 1, 2003.


	SECTION 40.  This Act takes effect September 1, 2003.
______________________________ ______________________________ 

   President of the Senate		Speaker of the House

I certify that H.B. No. 1470 was passed by the House on May 10, 2003, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 1470 on May 30, 2003, by a non-record vote.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1470 was passed by the Senate, with amendments, on May 28, 2003, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor