84R911 CLG-F
	By: Rodriguez of Bexar, et al.	H.B. No. 2998

	A BILL TO BE ENTITLED
	AN ACT
	relating to adoption of the Uniform Adult Guardianship and
	Protective Proceedings Jurisdiction Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle G, Title 3, Estates Code, is amended by
	adding Chapter 1254 to read as follows:
	CHAPTER 1254.  UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE
	PROCEEDINGS JURISDICTION ACT
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 1254.001.  SHORT TITLE.  This chapter may be cited as
	the Uniform Adult Guardianship and Protective Proceedings
	Jurisdiction Act.
	Sec. 1254.002.  DEFINITIONS.  In this chapter:
	(1)  "Adult" means an individual who is 18 years of age
	or older.
	(2)  "Conservator" means a person appointed by the
	court of another state to administer the property of an adult.
	(3)  "Guardian" means:
	(A)  if used in reference to a guardianship in
	this state, a person appointed by the court to make decisions
	regarding the person of an adult or to administer the property of an
	adult.  The term includes:
	(i)  a person appointed guardian of the
	person of an adult ward under Chapter 1101;
	(ii)  a person appointed guardian of the
	estate of an adult ward under Chapter 1101; and
	(iii)  a person appointed guardian of both
	the person and estate of an adult ward under Chapter 1101; or
	(B)  if used in reference to a guardianship in
	another state, a person appointed by the court of that state to make
	decisions regarding the person of an adult.
	(4)  "Guardianship order" means an order appointing a
	guardian.
	(5)  "Guardianship proceeding" means a judicial
	proceeding in which an order for the appointment of a guardian is
	sought or has been issued.
	(6)  "Incapacitated adult" means an adult for whom a
	guardian has been appointed.
	(7)  "Party" means the respondent, petitioner,
	guardian, conservator, or any other person allowed by the court to
	participate in a guardianship or protective proceeding.
	(8)  "Person," except in the term protected person,
	means an individual, corporation, business trust, estate, trust,
	partnership, limited liability company, association, joint
	venture, public corporation, government or governmental
	subdivision, agency, or instrumentality, or other legal or
	commercial entity.
	(9)  "Protected person" means an adult for whom a
	protective order has been issued.
	(10)  "Protective order" means an order appointing a
	conservator or other order related to management of an adult's
	property.
	(11)  "Protective proceeding" means a judicial
	proceeding in which a protective order is sought or has been issued.
	(12)  "Record" means information that is inscribed on a
	tangible medium or that is stored in an electronic or other medium
	and is retrievable in perceivable form.
	(13)  "Respondent" means an adult for whom a protective
	order or the appointment of a guardian is sought.
	(14)  "State" means a state of the United States, the
	District of Columbia, Puerto Rico, the United States Virgin
	Islands, a federally recognized Indian tribe, or any territory or
	insular possession subject to the jurisdiction of the United
	States.
	Sec. 1254.003.  INTERNATIONAL APPLICATION OF CHAPTER.  A
	court of this state may treat a foreign country as if it were a state
	for the purpose of applying this subchapter and Subchapters B, C,
	and E.
	Sec. 1254.004.  COMMUNICATION BETWEEN COURTS.  (a) A court
	of this state may communicate with a court in another state
	concerning a proceeding arising under this chapter. The court may
	allow the parties to participate in the communication. Except as
	otherwise provided in Subsection (b), the court shall make a record
	of the communication. The record may be limited to the fact that
	the communication occurred.
	(b)  Courts may communicate concerning schedules, calendars,
	court records, and other administrative matters without making a
	record.
	Sec. 1254.005.  COOPERATION BETWEEN COURTS.  (a) In a
	guardianship proceeding in this state, a court of this state may
	request the appropriate court of another state to do any of the
	following:
	(1)  hold an evidentiary hearing;
	(2)  order a person in that state to produce evidence or
	give testimony pursuant to procedures of that state;
	(3)  order that an evaluation or assessment be made of
	the respondent;
	(4)  order any appropriate investigation of a person
	involved in a proceeding;
	(5)  forward to the court of this state a certified copy
	of the transcript or other record of a hearing under Subdivision (1)
	or any other proceeding, any evidence otherwise produced under
	Subdivision (2), any evaluation or assessment prepared in
	compliance with an order under Subdivision (3), and the results of
	any investigation conducted in compliance with an order under
	Subdivision (4);
	(6)  issue any order necessary to assure the appearance
	in the proceeding of a person whose presence is necessary for the
	court to make a determination, including the respondent or the
	adult ward; or
	(7)  issue an order authorizing the release of medical,
	financial, criminal, or other relevant information in that state,
	including protected health information that is subject to 45 C.F.R.
	Section 164.504.
	(b)  If a court of another state in which a guardianship or
	protective proceeding is pending requests assistance of the kind
	provided in Subsection (a), a court of this state has jurisdiction
	for the limited purpose of granting the request or making
	reasonable efforts to comply with the request.
	Sec. 1254.006.  TAKING TESTIMONY IN ANOTHER STATE.  (a) In a
	guardianship proceeding, in addition to other procedures that may
	be available, testimony of a witness who is located in another state
	may be offered by deposition or other means allowable in this state
	for testimony taken in another state. The court on its own motion
	may order that the testimony of a witness be taken in another state
	and may prescribe the manner in which and the terms on which the
	testimony is to be taken.
	(b)  In a guardianship proceeding, a court in this state may
	permit a witness located in another state to be deposed or to
	testify by telephone or audiovisual or other electronic means. A
	court of this state shall cooperate with the court of the other
	state in designating an appropriate location for the deposition or
	testimony.
	(c)  Documentary evidence transmitted from another state to
	a court of this state by technological means that do not produce an
	original writing may not be excluded from evidence on an objection
	based on the best evidence rule.
	Sec. 1254.007.  CONFLICT WITH OTHER PROVISIONS OF TITLE.  To
	the extent of any conflict between a provision of this chapter and
	any other provision of this title, the provision of this chapter
	controls.
	Sec. 1254.008.  CERTAIN PROVISIONS OF TITLE NOT APPLICABLE.
	Chapter 1002 does not apply to this chapter.
	SUBCHAPTER B. JURISDICTION
	Sec. 1254.051.  DEFINITIONS; SIGNIFICANT-CONNECTION
	FACTORS.  (a) In this subchapter:
	(1)  "Emergency" means a circumstance that likely will
	result in substantial harm to a respondent's health, safety, or
	welfare, and for which the appointment of a guardian is necessary
	because no other person has authority and is willing to act on the
	respondent's behalf.
	(2)  "Home state" means the state in which the
	respondent was physically present, including any period of
	temporary absence, for at least six consecutive months immediately
	before the filing of a petition for a protective order or the
	appointment of a guardian in another state or the filing of an
	application for the appointment of a guardian in this state; or if
	none, the state in which the respondent was physically present,
	including any period of temporary absence, for at least six
	consecutive months ending within the six months prior to the filing
	of the petition or application.
	(3)  "Significant-connection state" means a state,
	other than the home state, with which a respondent has a significant
	connection other than mere physical presence and in which
	substantial evidence concerning the respondent is available.
	(b)  In determining under Sections 1254.053 and 1254.101(e)
	whether a respondent has a significant connection with a particular
	state, the court shall consider:
	(1)  the location of the respondent's family and other
	persons required to be notified of the guardianship proceeding;
	(2)  the length of time the respondent at any time was
	physically present in the state and the duration of any absence;
	(3)  the location of the respondent's property; and
	(4)  the extent to which the respondent has ties to the
	state such as voting registration, state or local tax return
	filing, vehicle registration, driver's license, social
	relationship, and receipt of services.
	Sec. 1254.052.  EXCLUSIVE BASIS.  Notwithstanding any other
	provision of this title, this subchapter provides the exclusive
	jurisdictional basis for a court of this state to appoint a guardian
	of the person or estate, or both, for an adult.
	Sec. 1254.053.  JURISDICTION.  A court of this state has
	jurisdiction to appoint a guardian of the person or estate, or both,
	for a respondent if:
	(1)  this state is the respondent's home state;
	(2)  on the date the application is filed, this state is
	a significant-connection state and:
	(A)  the respondent does not have a home state or a
	court of the respondent's home state has declined to exercise
	jurisdiction because this state is a more appropriate forum; or
	(B)  the respondent has a home state, a petition
	for an appointment of a guardian or issuance of a protective order
	is not pending in a court of that state or another
	significant-connection state, and, before the court makes the
	appointment:
	(i)  a petition for an appointment of a
	guardian or issuance of a protective order is not filed in the
	respondent's home state;
	(ii)  an objection to the court's
	jurisdiction is not filed by a person required to be notified of the
	proceeding; and
	(iii)  the court in this state concludes
	that it is an appropriate forum under the factors set forth in
	Section 1254.056;
	(3)  this state does not have jurisdiction under either
	Subdivision (1) or (2), the respondent's home state and all
	significant-connection states have declined to exercise
	jurisdiction because this state is the more appropriate forum, and
	jurisdiction in this state is consistent with provisions of the
	Texas Constitution and the United States Constitution; or
	(4)  the requirements for special jurisdiction under
	Section 1254.054 are met.
	Sec. 1254.054.  SPECIAL JURISDICTION. (a) A court of this
	state lacking jurisdiction under Section 1254.053(1), (2), or (3)
	has special jurisdiction to do any of the following:
	(1)  appoint a guardian of the person in an emergency
	for a term not to exceed 90 days for a respondent who is physically
	present in this state;
	(2)  appoint a guardian of the estate with respect to
	real or tangible personal property located in this state; or
	(3)  appoint a guardian of the person, guardian of the
	estate, or guardian of both the person and estate, as applicable,
	for an incapacitated adult or protected person for whom a
	provisional order to transfer the proceeding from another state has
	been issued under procedures similar to Section 1254.101.
	(b)  If an application for the appointment of a guardian of
	the person in an emergency is brought in this state and this state
	was not the respondent's home state on the date the application was
	filed, the court shall dismiss the proceeding at the request of the
	court of the home state, if any, whether dismissal is requested
	before or after the emergency appointment.
	Sec. 1254.055.  EXCLUSIVE AND CONTINUING JURISDICTION.
	Except as otherwise provided in Section 1254.054, a court that has
	appointed a guardian of the person or estate, or both, consistent
	with this chapter has exclusive and continuing jurisdiction over
	the proceeding until it is terminated by the court or the
	appointment expires by its own terms.
	Sec. 1254.056.  APPROPRIATE FORUM.  (a) A court of this
	state having jurisdiction under Section 1254.053 to appoint a
	guardian of the person or estate, or both, may decline to exercise
	its jurisdiction if it determines at any time that a court of
	another state is a more appropriate forum.
	(b)  If a court of this state declines to exercise its
	jurisdiction under Subsection (a), it shall either dismiss or stay
	the proceeding. The court may impose any condition the court
	considers just and proper, including the condition that a petition
	for the appointment of a guardian or issuance of a protective order
	be filed promptly in another state.
	(c)  In determining whether it is an appropriate forum, the
	court shall consider all relevant factors, including:
	(1)  any expressed preference of the respondent;
	(2)  whether abuse, neglect, or exploitation of the
	respondent has occurred or is likely to occur and which state could
	best protect the respondent from the abuse, neglect, or
	exploitation;
	(3)  the length of time the respondent was physically
	present in or was a legal resident of this or another state;
	(4)  the distance of the respondent from the court in
	each state;
	(5)  the financial circumstances of the respondent's
	estate;
	(6)  the nature and location of the evidence;
	(7)  the ability of the court in each state to decide
	the issue expeditiously and the procedures necessary to present
	evidence;
	(8)  the familiarity of the court of each state with the
	facts and issues in the proceeding; and
	(9)  if an appointment were made, the court's ability to
	monitor the conduct of the guardian of the person or estate, or
	both.
	Sec. 1254.057.  JURISDICTION DECLINED BY REASON OF CONDUCT.
	(a) If at any time a court of this state determines that it acquired
	jurisdiction to appoint a guardian of the person or estate, or both,
	for an adult because of unjustifiable conduct, the court may:
	(1)  decline to exercise jurisdiction;
	(2)  exercise jurisdiction for the limited purpose of
	fashioning an appropriate remedy to ensure the health, safety, and
	welfare of the respondent or the protection of the respondent's
	property or prevent a repetition of the unjustifiable conduct,
	including staying the proceeding until a petition for the
	appointment of a guardian or issuance of a protective order is filed
	in a court of another state having jurisdiction; or
	(3)  continue to exercise jurisdiction after
	considering:
	(A)  the extent to which the respondent and all
	persons required to be notified of the proceedings have acquiesced
	in the exercise of the court's jurisdiction;
	(B)  whether it is a more appropriate forum than
	the court of any other state under the factors set forth in Section
	1254.056(c); and
	(C)  whether the court of any other state would
	have jurisdiction under factual circumstances in substantial
	conformity with the jurisdictional standards of Section 1254.053.
	(b)  If a court of this state determines that it acquired
	jurisdiction to appoint a guardian of the person or estate, or both,
	for an adult because a party seeking to invoke its jurisdiction
	engaged in unjustifiable conduct, it may assess against that party
	necessary and reasonable expenses, including attorney's fees,
	investigative fees, court costs, communication expenses, witness
	fees and expenses, and travel expenses. The court may not assess
	fees, costs, or expenses of any kind against this state or a
	governmental subdivision, agency, or instrumentality of this state
	unless authorized by law other than this chapter.
	Sec. 1254.058.  NOTICE OF PROCEEDING. If an application for
	the appointment of a guardian of the person or estate, or both, for
	an adult is brought in this state and this state was not the
	respondent's home state on the date the application was filed, in
	addition to complying with the notice requirements of this state,
	notice of the application must be given to those persons who would
	be entitled to notice of the application if a proceeding were
	brought in the respondent's home state. The notice must be given in
	the same manner as notice is required to be given in this state.
	Sec. 1254.059.  PROCEEDINGS IN MORE THAN ONE STATE. Except
	for an application for the appointment of a guardian of the person
	in an emergency or the appointment of a guardian of the estate
	limited to property located in this state under Section
	1254.054(a)(1) or (2), if an application for the appointment of a
	guardian is filed in this state and a petition for the appointment
	of a guardian or issuance of a protective order is filed in another
	state and neither the application nor petition has been dismissed
	or withdrawn, the following rules apply:
	(1)  If the court in this state has jurisdiction under
	Section 1254.053, it may proceed with the case unless a court in
	another state acquires jurisdiction under provisions similar to
	Section 1254.053 before the appointment.
	(2)  If the court in this state does not have
	jurisdiction under Section 1254.053, whether at the time the
	application is filed or at any time before the appointment, the
	court shall stay the proceeding and communicate with the court in
	the other state. If the court in the other state has jurisdiction,
	the court in this state shall dismiss the application unless the
	court in the other state determines that the court in this state is
	a more appropriate forum.
	SUBCHAPTER C. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP
	Sec. 1254.101.  TRANSFER OF GUARDIANSHIP TO ANOTHER STATE.
	(a)  A guardian of the person or estate, or both, of an adult ward
	appointed in this state may petition the court to transfer the
	guardianship of the person or estate, or both, to another state.
	(b)  Notice of a petition under Subsection (a) must be given
	to the persons that would be entitled to notice of an application in
	this state for the appointment of a guardian of the person or
	estate, or both, for an adult ward.
	(c)  On the court's own motion or on request of the guardian
	of the person or estate, or both, of an adult ward, as applicable,
	the adult ward, or another person required to be notified of the
	petition, the court shall hold a hearing on a petition filed
	pursuant to Subsection (a).
	(d)  The court shall issue a provisional order granting a
	petition to transfer a guardianship of the person and shall direct
	the guardian of the person to petition for guardianship in the other
	state if the court is satisfied that the guardianship of the person
	will be accepted by the court in the other state and the court finds
	that:
	(1)  the adult ward for whom a guardian of the person
	has been appointed is physically present in or is reasonably
	expected to move permanently to the other state;
	(2)  an objection to the transfer has not been made or,
	if an objection has been made, the objector has not established that
	the transfer would be contrary to the interests of the adult ward;
	and
	(3)  plans for care and services for the adult ward in
	the other state are reasonable and sufficient.
	(e)  The court shall issue a provisional order granting a
	petition to transfer a guardianship of the estate and shall direct
	the guardian of the estate to petition for conservatorship in the
	other state if the court is satisfied that the guardianship of the
	estate will be accepted by the court of the other state and the
	court finds that:
	(1)  the adult ward for whom a guardian of the estate
	has been appointed is physically present in or is reasonably
	expected to move permanently to the other state, or the adult ward
	has a significant connection to the other state considering the
	factors in Section 1254.051(b);
	(2)  an objection to the transfer has not been made or,
	if an objection has been made, the objector has not established that
	the transfer would be contrary to the interests of the adult ward;
	and
	(3)  adequate arrangements will be made for management
	of the adult ward's property.
	(f)  The court shall issue a final order confirming the
	transfer and terminating the guardianship of the person or estate,
	or both, of the adult ward, as applicable, on its receipt of:
	(1)  a provisional order accepting the proceeding from
	the court to which the proceeding is to be transferred which is
	issued under provisions similar to Section 1254.102; and
	(2)  the documents required to terminate in this state
	a guardianship of the person or estate, or both, of an adult ward,
	as applicable.
	Sec. 1254.102.  ACCEPTING GUARDIANSHIP OR CONSERVATORSHIP
	TRANSFERRED FROM ANOTHER STATE.  (a)  To confirm transfer of a
	guardianship or conservatorship transferred to this state under
	provisions similar to Section 1254.101, the guardian or conservator
	must petition the court in this state to accept the guardianship or
	conservatorship. The petition must include a certified copy of the
	other state's provisional order of transfer.
	(b)  Notice of a petition under Subsection (a) must be given
	to those persons that would be entitled to notice if the petition
	were a petition or application for the appointment of a guardian or
	issuance of a protective order in both the transferring state and
	this state. The notice must be given in the same manner as notice is
	required to be given in this state.
	(c)  On the court's own motion or on request of the guardian
	or conservator, the incapacitated adult or protected person, or
	another person required to be notified of the proceeding, the court
	shall hold a hearing on a petition filed pursuant to Subsection (a).
	(d)  The court shall issue a provisional order granting a
	petition filed under Subsection (a) unless:
	(1)  an objection is made and the objector establishes
	that transfer of the proceeding would be contrary to the interests
	of the incapacitated adult or protected person; or
	(2)  the guardian or conservator is ineligible for
	appointment in this state.
	(e)  The court shall issue a final order accepting the
	proceeding and appointing the guardian or conservator as guardian
	of the person or estate, or both, as applicable, in this state on
	its receipt from the court from which the proceeding is being
	transferred of a final order issued under provisions similar to
	Section 1254.101 transferring the proceeding to this state.
	(f)  Not later than 90 days after issuance of a final order
	accepting transfer of a guardianship or conservatorship, the court
	shall determine whether the guardianship or conservatorship needs
	to be modified to conform to the law of this state.
	(g)  In granting a petition under this section, the court
	shall recognize a guardianship or conservatorship order from the
	other state, including the determination of the incapacitated
	adult's or protected person's incapacity and the appointment of the
	guardian or conservator.
	(h)  The denial by a court of this state of a petition to
	accept a guardianship or conservatorship transferred from another
	state does not affect the ability of the guardian or conservator to
	seek appointment in this state as guardian of the person or estate,
	or both, of the adult under Section 1101.001 if the court has
	jurisdiction to make an appointment other than by reason of the
	provisional order of transfer.
	SUBCHAPTER D.  REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER
	STATES
	Sec. 1254.151.  REGISTRATION OF GUARDIANSHIP ORDERS FROM
	OTHER STATES. If a guardian has been appointed in another state and
	an application for the appointment of a guardian of the person or
	guardian of both the person and estate of the adult is not pending
	in this state, the guardian appointed in the other state, after
	giving notice to the appointing court of an intent to register, may
	register the guardianship order in this state by filing as a foreign
	judgment in a court, in any appropriate county of this state,
	certified copies of the order and letters of office.
	Sec. 1254.152.  REGISTRATION OF PROTECTIVE ORDERS. If a
	conservator has been appointed in another state and an application
	for the appointment of a guardian of the estate or guardian of both
	the person and estate of the adult is not pending in this state, the
	conservator appointed in the other state, after giving notice to
	the appointing court of an intent to register, may register the
	protective order in this state by filing as a foreign judgment in a
	court of this state, in any county in which property belonging to
	the protected person is located, certified copies of the order and
	letters of office and of any bond.
	Sec. 1254.153.  EFFECT OF REGISTRATION.  (a)  On
	registration of a guardianship or protective order from another
	state, the guardian or conservator may exercise in this state all
	powers authorized in the order of appointment except as prohibited
	under the laws of this state, including maintaining actions and
	proceedings in this state and, if the guardian or conservator is not
	a resident of this state, subject to any conditions imposed on
	nonresident parties.
	(b)  A court of this state may grant any relief available
	under this chapter and other laws of this state to enforce a
	registered order.
	SUBCHAPTER E. MISCELLANEOUS PROVISIONS
	Sec. 1254.201.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.
	In applying and construing this chapter, consideration must be
	given to the need to promote uniformity of the law with respect to
	the subject matter of this chapter among states that enact a law
	substantially similar to this chapter.
	Sec. 1254.202.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
	AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and
	supersedes the federal Electronic Signatures in Global and National
	Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
	limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
	7001(c)) or authorize electronic delivery of any of the notices
	described in Section 103(b) of that Act (15 U.S.C. Section
	7003(b)).
	SECTION 2.  The heading to Chapter 1253, Estates Code, is
	amended to read as follows:
	CHAPTER 1253. INTERSTATE GUARDIANSHIPS INVOLVING MINORS
	SECTION 3.  Sections 1253.001 and 1253.002, Estates Code,
	are amended to read as follows:
	Sec. 1253.001.  APPLICATION TO TRANSFER GUARDIANSHIP TO
	FOREIGN JURISDICTION.  A guardian of the person or estate of a minor
	ward may apply to the court that has jurisdiction over the
	guardianship to transfer the guardianship to a court in a foreign
	jurisdiction to which the ward has permanently moved.
	Sec. 1253.002.  NOTICE OF APPLICATION.  Notice of an
	application to transfer a guardianship under this subchapter shall
	be:
	(1)  served personally on the minor ward; and
	(2)  given to the foreign court to which the
	guardianship is to be transferred.
	SECTION 4.  Sections 1253.003(a) and (b), Estates Code, are
	amended to read as follows:
	(a)  On the court's own motion or on the motion of the minor
	ward or any interested person, the court shall hold a hearing to
	consider an application to transfer a guardianship under this
	subchapter.
	(b)  The court shall transfer a guardianship to a foreign
	court if the court determines the transfer is in the best interests
	of the minor ward.  The transfer of the guardianship must be made
	contingent on the acceptance of the guardianship in the foreign
	jurisdiction.
	SECTION 5.  Sections 1253.051 and 1253.052, Estates Code,
	are amended to read as follows:
	Sec. 1253.051.  APPLICATION FOR RECEIPT AND ACCEPTANCE OF
	FOREIGN GUARDIANSHIP.  A guardian appointed by a foreign court to
	represent a minor [an incapacitated person] who is residing in this
	state or intends to move to this state may file an application with
	a court in which the minor ward resides or intends to reside to have
	the guardianship transferred to the court.  The application must
	have attached a certified copy of all papers of the guardianship
	filed and recorded in the foreign court.
	Sec. 1253.052.  NOTICE OF APPLICATION.  Notice of an
	application for receipt and acceptance of a foreign guardianship
	under this subchapter shall be:
	(1)  served personally on the minor ward; and
	(2)  given to the foreign court from which the
	guardianship is to be transferred.
	SECTION 6.  Sections 1253.053(c) and (d), Estates Code, are
	amended to read as follows:
	(c)  The court shall grant the application if the transfer of
	the guardianship from the foreign jurisdiction is in the best
	interests of the minor ward.
	(d)  In granting the application, the court shall give full
	faith and credit to the provisions of the foreign guardianship
	order concerning the determination of the minor ward's incapacity
	and the rights, powers, and duties of the guardian.
	SECTION 7.  Sections 1253.056 and 1253.101, Estates Code,
	are amended to read as follows:
	Sec. 1253.056.  CONSTRUCTION WITH OTHER LAW.  The denial of
	an application for receipt and acceptance of a guardianship under
	this subchapter does not affect the right of a guardian appointed by
	a foreign court to file an application to be appointed guardian of
	the minor [incapacitated person] under Section 1101.001.
	Sec. 1253.101.  DELAY OF CERTAIN GUARDIANSHIP PROCEEDINGS.
	A court in which a guardianship proceeding involving a minor is
	filed and in which venue of the proceeding is proper may delay
	further action in the proceeding in that court if:
	(1)  another guardianship proceeding involving a
	matter at issue in the proceeding filed in the court is subsequently
	filed in a court in a foreign jurisdiction; and
	(2)  venue of the proceeding in the foreign court is
	proper.
	SECTION 8.  Section 1253.102(b), Estates Code, is amended to
	read as follows:
	(b)  In making a determination under Subsection (a), the
	court may consider:
	(1)  the interests of justice;
	(2)  the best interests of the minor ward or proposed
	minor ward;
	(3)  the convenience of the parties; and
	(4)  the preference of the minor ward or proposed minor
	ward, if the ward or proposed ward is at least 12 years of age [or
	older].
	SECTION 9.  Sections 1253.103 and 1253.151, Estates Code,
	are amended to read as follows:
	Sec. 1253.103.  NECESSARY ORDERS.  A court that delays
	further action in a guardianship proceeding under Section 1253.101
	may issue any order the court considers necessary to protect the
	proposed minor ward or the proposed minor ward's estate.
	Sec. 1253.151.  DETERMINATION OF ACQUISITION OF
	JURISDICTION IN THIS STATE DUE TO UNJUSTIFIABLE CONDUCT.  If at any
	time a court of this state determines that it acquired jurisdiction
	of a proceeding for the appointment of a guardian of the person or
	estate, or both, of a minor ward or proposed minor ward because of
	unjustifiable conduct, the court may:
	(1)  decline to exercise jurisdiction;
	(2)  exercise jurisdiction for the limited purpose of
	fashioning an appropriate remedy to ensure the health, safety, and
	welfare of the minor ward or proposed minor ward or the protection
	of the minor ward's or proposed minor ward's property or prevent a
	repetition of the unjustifiable conduct, including staying the
	proceeding until a petition for the appointment of a guardian or
	issuance of a protective order is filed in a court of another state
	having jurisdiction; or
	(3)  continue to exercise jurisdiction after
	considering:
	(A)  the extent to which the minor ward or
	proposed minor ward and all persons required to be notified of the
	proceedings have acquiesced in the exercise of the court's
	jurisdiction;
	(B)  whether the court of this state is a more
	appropriate forum than the court of any other state after
	considering the factors described by Section 1253.102(b); and
	(C)  whether the court of any other state would
	have jurisdiction under the factual circumstances of the matter.
	SECTION 10.  Section 1253.152(a), Estates Code, is amended
	to read as follows:
	(a)  If a court of this state determines that it acquired
	jurisdiction of a proceeding for the appointment of a guardian of
	the person or estate, or both, of a minor ward or proposed minor
	ward because a party seeking to invoke the court's jurisdiction
	engaged in unjustifiable conduct, the court may assess against that
	party necessary and reasonable expenses, including attorney's
	fees, investigative fees, court costs, communication expenses,
	witness fees and expenses, and travel expenses.
	SECTION 11.  (a)  Chapter 1254, Estates Code, as added by
	this Act, applies to proceedings for guardianship instituted on or
	after the effective date of this Act.
	(b)  Subchapters A, C, D, and E, Chapter 1254, Estates Code,
	as added by this Act, apply to proceedings for guardianship
	instituted before the effective date of this Act, regardless of
	whether a guardianship of the person or estate, or both, for an
	adult ward has been created by a court.
	SECTION 12.  The changes in law made by this Act to Sections
	1253.001, 1253.002, 1253.003, 1253.051, 1253.052, 1253.053,
	1253.056, 1253.101, 1253.102, 1253.103, 1253.151, and 1253.152,
	Estates Code, apply only to a guardianship proceeding filed on or
	after the effective date of this Act. A guardianship proceeding
	filed before the effective date of this Act is governed by the law
	in effect on the date the proceeding was filed, and the former law
	is continued in effect for that purpose.
	SECTION 13.  This Act takes effect September 1, 2015.