S.B. No. 39         AN ACT   relating to estates and to guardianships, substitutes for   guardianships, and durable powers of attorney for persons with   disabilities or who are incapacitated.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  (a) Section 361.052, Estates Code, is amended to   read as follows:          Sec. 361.052.  REMOVAL WITH NOTICE. (a)  The court may   remove a personal representative on the court's own motion, or on   the complaint of any interested person, after the representative   has been cited by personal service to answer at a time and place set   [fixed] in the notice, if:                (1)  sufficient grounds appear to support a belief that   the representative has misapplied, embezzled, or removed from the   state, or is about to misapply, embezzle, or remove from the state,   all or part of the property entrusted to the representative's care;                (2)  the representative fails to return any account   required by law to be made;                (3)  the representative fails to obey a proper order of   the court that has jurisdiction with respect to the performance of   the representative's duties;                (4)  the representative is proved to have been guilty   of gross misconduct, or mismanagement in the performance of the   representative's duties;                (5)  the representative:                      (A)  becomes incapacitated;                      (B)  is sentenced to the penitentiary; or                      (C)  from any other cause, becomes incapable of   properly performing the duties of the representative's trust; or                (6)  the representative, as executor or administrator,   fails to[:                      [(A)]  make a final settlement by the third   anniversary of the date letters testamentary or of administration   are granted, unless that period is extended by the court on a   showing of sufficient cause supported by oath[; or                      [(B)     timely file the affidavit or certificate   required by Section 308.004].          (b)  If a personal representative, as executor or   administrator, fails to timely file the affidavit or certificate   required by Section 308.004, the court, on the court's own motion,   may remove the personal representative after providing 30 days'   written notice to the personal representative to answer at a time   and place set in the notice, by certified mail, return receipt   requested, to:                (1)  the representative's last known address; and                (2)  the last known address of the representative's   attorney of record.          (b)  Section 404.0035, Estates Code, is amended to read as   follows:          Sec. 404.0035.  REMOVAL OF INDEPENDENT EXECUTOR WITH NOTICE.   (a)  The probate court, on the court's own motion, may remove an   independent executor appointed under this subtitle after providing   30 days' written notice of the court's intention to the independent   executor, requiring answering at a time and place set in the notice   [of the court's intent to remove the independent executor], by   certified mail, return receipt requested, to the independent   executor's last known address and to the last known address of the   independent executor's attorney of record, if the independent   executor:                (1)  neglects to qualify in the manner and time   required by law; [or]                (2)  fails to return, before the 91st day after the date   the independent executor qualifies, either an inventory of the   estate property and a list of claims that have come to the   independent executor's knowledge or an affidavit in lieu of the   inventory, appraisement, and list of claims, unless that deadline   is extended by court order; or                (3)  fails to timely file the affidavit or certificate   required by Section 308.004.          (b)  The probate court, on its own motion or on motion of any   interested person, after the independent executor has been cited by   personal service to answer at a time and place set [fixed] in the   notice, may remove an independent executor when:                (1)  the independent executor fails to make an   accounting which is required by law to be made;                (2)  [the independent executor fails to timely file the   affidavit or certificate required by Section 308.004;                [(3)]  the independent executor is proved to have been   guilty of gross misconduct or gross mismanagement in the   performance of the independent executor's duties;                (3) [(4)]  the independent executor becomes an   incapacitated person, or is sentenced to the penitentiary, or from   any other cause becomes legally incapacitated from properly   performing the independent executor's fiduciary duties; or                (4) [(5)]  the independent executor becomes incapable   of properly performing the independent executor's fiduciary duties   due to a material conflict of interest.          (c)  Section 1023.003, Estates Code, is amended to read as   follows:          Sec. 1023.003.  [APPLICATION FOR] TRANSFER OF GUARDIANSHIP   TO ANOTHER COUNTY. (a)  When a guardian or any other person desires   to transfer the transaction of the business of the guardianship   from one county to another, the person shall file a written   application in the court in which the guardianship is pending   stating the reason for the transfer.          (b)  With notice as provided by Section 1023.004, the court   in which a guardianship is pending, on the court's own motion, may   transfer the transaction of the business of the guardianship to   another county if the ward resides in the county to which the   guardianship is to be transferred.          (d)  Section 1023.004, Estates Code, is amended to read as   follows:          Sec. 1023.004.  NOTICE. (a)  On filing an application or on   motion of a court to transfer a guardianship to another county under   Section 1023.003, the sureties on the bond of the guardian shall be   cited by personal service to appear and show cause why the   guardianship [application] should not be transferred [granted].          (b)  If an application is filed by a person other than the   guardian or if a court made a motion to transfer a guardianship, the   guardian shall be cited by personal service to appear and show cause   why the guardianship [application] should not be transferred   [granted].          (e)  Section 1023.005, Estates Code, is amended to read as   follows:          Sec. 1023.005.  COURT ACTION. On hearing an application or   motion under Section 1023.003, if good cause is not shown to deny   the transfer [application] and it appears that transfer of the   guardianship is in the best interests of the ward, the court shall   enter an order:                (1)  authorizing the transfer on payment on behalf of   the estate of all accrued costs; and                (2)  requiring that any existing bond of the guardian   must remain in effect until a new bond has been given or a rider has   been filed in accordance with Section 1023.010.          (f)  Section 1203.052, Estates Code, is amended by amending   Subsection (a) and adding Subsection (a-1) to read as follows:          (a)  The court may remove a guardian as provided by   Subsection (a-1) [on the court's own motion, or on the complaint of   an interested person, after the guardian has been cited by personal   service to answer at a time and place set in the notice,] if:                (1)  sufficient grounds appear to support a belief that   the guardian has misapplied, embezzled, or removed from the state,   or is about to misapply, embezzle, or remove from the state, any of   the property entrusted to the guardian's care;                (2)  the guardian fails to return any account or report   that is required by law to be made;                (3)  the guardian fails to obey a proper order of the   court that has jurisdiction with respect to the performance of the   guardian's duties;                (4)  the guardian is proved to have been guilty of gross   misconduct or mismanagement in the performance of the guardian's   duties;                (5)  the guardian:                      (A)  becomes incapacitated;                      (B)  is sentenced to the penitentiary; or                      (C)  from any other cause, becomes incapable of   properly performing the duties of the guardian's trust;                (6)  the guardian has engaged in conduct with respect   to the ward that would be considered to be abuse, neglect, or   exploitation, as those terms are defined by Section 48.002, Human   Resources Code, if engaged in with respect to an elderly or disabled   person, as defined by that section;                (7)  the guardian neglects to educate or maintain the   ward as liberally as the means of the ward's estate and the ward's   ability or condition permit;                (8)  the guardian interferes with the ward's progress   or participation in programs in the community;                (9)  the guardian fails to comply with the requirements   of Subchapter G, Chapter 1104;                (10)  the court determines that, because of the   dissolution of the joint guardians' marriage, the termination of   the guardians' joint appointment and the continuation of only one   of the joint guardians as the sole guardian is in the best interest   of the ward; or                (11)  the guardian would be ineligible for appointment   as a guardian under Subchapter H, Chapter 1104.          (a-1)  The court may remove a guardian for a reason listed in   Subsection (a) on the:                (1)  court's own motion, after the guardian has been   notified, by certified mail, return receipt requested, to answer at   a time and place set in the notice; or                (2)  complaint of an interested person, after the   guardian has been cited by personal service to answer at a time and   place set in the notice.          (g)  Sections 361.052 and 404.0035, Estates Code, as amended   by this section, apply to the estate of a decedent who dies before,   on, or after the effective date of this Act.          (h)  Sections 1023.003, 1023.004, 1023.005, and 1203.052,   Estates Code, as amended by this section, apply to a guardianship   created before, on, or after the effective date of this Act.          SECTION 2.  Section 751.052, Estates Code, is amended to   read as follows:          Sec. 751.052.  RELATION OF ATTORNEY IN FACT OR AGENT TO   COURT-APPOINTED GUARDIAN OF ESTATE. (a)  If, after execution of a   durable power of attorney, a court [of the principal's domicile]   appoints a:                (1)  permanent guardian of the estate for a ward who is   [of] the principal who executed the power of attorney, on the   qualification of the guardian the powers and authority granted to   [of] the attorney in fact or agent named in the power of attorney   are automatically revoked; or                (2)  temporary guardian of the estate for a ward who is   the principal who executed the power of attorney, on the   qualification of the guardian the powers and authority granted to   the attorney in fact or agent named in the power of attorney are   automatically suspended for the duration of the guardianship unless   the court enters an order that:                      (A)  affirms and states the effectiveness of the   power of attorney; and                      (B)  confirms the validity of the appointment of   the named attorney in fact or agent [terminate on the qualification   of the guardian of the estate].          (b)  If the powers and authority of an [The] attorney in fact   or agent are revoked as provided by Subsection (a), the attorney in   fact or agent shall:                (1)  deliver to the guardian of the estate all assets of   the ward's estate that are in the possession of the attorney in fact   or agent; and                (2)  account to the guardian of the estate as the   attorney in fact or agent would account to the principal if the   principal had terminated the powers of the attorney in fact or   agent.          [(b)     If, after execution of a durable power of attorney, a   court of the principal's domicile appoints a temporary guardian of   the estate of the principal, the court may suspend the powers of the   attorney in fact or agent on the qualification of the temporary   guardian of the estate until the date the term of the temporary   guardian expires.   This subsection may not be construed to prohibit   the application for or issuance of a temporary restraining order   under applicable law.]          SECTION 3.  Section 751.054(a), Estates Code, is amended to   read as follows:          (a)  The revocation by, the death of, or the qualification of   a temporary or permanent guardian of the estate of a principal who   has executed a durable power of attorney or the removal of an   attorney in fact or agent under Chapter 753 does not revoke,   suspend, or terminate the agency as to the attorney in fact, agent,   or other person who acts in good faith under or in reliance on the   power without actual knowledge of the termination or suspension, as   applicable, of the power by:                (1)  the revocation;                (2)  the principal's death; [or]                (3)  the qualification of a temporary or permanent   guardian of the estate of the principal; or                (4)  the attorney in fact's or agent's removal.          SECTION 4.  Section 751.055(a), Estates Code, is amended to   read as follows:          (a)  As to an act undertaken in good-faith reliance on a   durable power of attorney, an affidavit executed by the attorney in   fact or agent under the durable power of attorney stating that the   attorney in fact or agent did not have, at the time the power was   exercised, actual knowledge of the termination or suspension of the   power, as applicable, by revocation, the principal's death, the   principal's divorce or the annulment of the principal's marriage if   the attorney in fact or agent was the principal's spouse, [or] the   qualification of a temporary or permanent guardian of the estate of   the principal, or the attorney in fact's or agent's removal, is   conclusive proof as between the attorney in fact or agent and a   person other than the principal or the principal's personal   representative dealing with the attorney in fact or agent of the   nonrevocation, nonsuspension, or nontermination of the power at   that time.          SECTION 5.  Section 752.051, Estates Code, is amended to   read as follows:          Sec. 752.051.  FORM. The following form is known as a   "statutory durable power of attorney":   STATUTORY DURABLE POWER OF ATTORNEY   NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.     THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P,   TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE   POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT   AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS   FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO   DO SO.          You should select someone you trust to serve as your agent   (attorney in fact). Unless you specify otherwise, generally the   agent's (attorney in fact's) authority will continue until:                (1)  you die or revoke the power of attorney;                (2)  your agent (attorney in fact) resigns, is removed   by court order, or is unable to act for you; or                (3)  a guardian is appointed for your estate.          I, __________ (insert your name and address), appoint   __________ (insert the name and address of the person appointed) as   my agent (attorney in fact) to act for me in any lawful way with   respect to all of the following powers that I have initialed below.          TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN   FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS   LISTED IN (A) THROUGH (M).          TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE   POWER YOU ARE GRANTING.          TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE   POWER. YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD.          ____ (A) Real property transactions;          ____ (B) Tangible personal property transactions;          ____ (C) Stock and bond transactions;          ____ (D) Commodity and option transactions;          ____ (E) Banking and other financial institution   transactions;          ____ (F) Business operating transactions;          ____ (G) Insurance and annuity transactions;          ____ (H) Estate, trust, and other beneficiary transactions;          ____ (I) Claims and litigation;          ____ (J) Personal and family maintenance;          ____ (K) Benefits from social security, Medicare, Medicaid,   or other governmental programs or civil or military service;          ____ (L) Retirement plan transactions;          ____ (M) Tax matters;          ____ (N) ALL OF THE POWERS LISTED IN (A) THROUGH (M). YOU DO   NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU   INITIAL LINE (N).   SPECIAL INSTRUCTIONS:          Special instructions applicable to gifts (initial in front of   the following sentence to have it apply):   ____ I grant my agent (attorney in fact) the power to apply my   property to make gifts outright to or for the benefit of a person,   including by the exercise of a presently exercisable general power   of appointment held by me, except that the amount of a gift to an   individual may not exceed the amount of annual exclusions allowed   from the federal gift tax for the calendar year of the gift.          ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS   LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________   ________________________________________________________________          UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS   EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.          CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE   ALTERNATIVE NOT CHOSEN:          (A)  This power of attorney is not affected by my subsequent   disability or incapacity.          (B)  This power of attorney becomes effective upon my   disability or incapacity.          YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY   IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.          IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT   YOU CHOSE ALTERNATIVE (A).          If Alternative (B) is chosen and a definition of my   disability or incapacity is not contained in this power of   attorney, I shall be considered disabled or incapacitated for   purposes of this power of attorney if a physician certifies in   writing at a date later than the date this power of attorney is   executed that, based on the physician's medical examination of me,   I am mentally incapable of managing my financial affairs. I   authorize the physician who examines me for this purpose to   disclose my physical or mental condition to another person for   purposes of this power of attorney. A third party who accepts this   power of attorney is fully protected from any action taken under   this power of attorney that is based on the determination made by a   physician of my disability or incapacity.          I agree that any third party who receives a copy of this   document may act under it. Revocation of the durable power of   attorney is not effective as to a third party until the third party   receives actual notice of the revocation. I agree to indemnify the   third party for any claims that arise against the third party   because of reliance on this power of attorney.          If any agent named by me dies, becomes legally disabled,   resigns, [or] refuses to act, or is removed by court order, I name   the following (each to act alone and successively, in the order   named) as successor(s) to that agent: __________.          Signed this ______ day of __________, _____________          ___________________________                                          (your signature)   State of _______________________   County of ______________________   This document was acknowledged before me on ____________(date) by   ________________________   (name of principal)          ______________________________          (signature of notarial officer)   (Seal, if any, of notary) ________________________________________        (printed name)          My commission expires: ______________   IMPORTANT INFORMATION FOR AGENT (ATTORNEY IN FACT)   Agent's Duties          When you accept the authority granted under this power of   attorney, you establish a "fiduciary" relationship with the   principal. This is a special legal relationship that imposes on you   legal duties that continue until you resign or the power of attorney   is terminated, suspended, or revoked by the principal or by   operation of law. A fiduciary duty generally includes the duty to:                (1)  act in good faith;                (2)  do nothing beyond the authority granted in this   power of attorney;                (3)  act loyally for the principal's benefit;                (4)  avoid conflicts that would impair your ability to   act in the principal's best interest; and                (5)  disclose your identity as an agent or attorney in   fact when you act for the principal by writing or printing the name   of the principal and signing your own name as "agent" or "attorney   in fact" in the following manner:          (Principal's Name) by (Your Signature) as Agent (or as   Attorney in Fact)          In addition, the Durable Power of Attorney Act (Subtitle P,   Title 2, Estates Code) requires you to:                (1)  maintain records of each action taken or decision   made on behalf of the principal;                (2)  maintain all records until delivered to the   principal, released by the principal, or discharged by a court; and                (3)  if requested by the principal, provide an   accounting to the principal that, unless otherwise directed by the   principal or otherwise provided in the Special Instructions, must   include:                      (A)  the property belonging to the principal that   has come to your knowledge or into your possession;                      (B)  each action taken or decision made by you as   agent or attorney in fact;                      (C)  a complete account of receipts,   disbursements, and other actions of you as agent or attorney in fact   that includes the source and nature of each receipt, disbursement,   or action, with receipts of principal and income shown separately;                      (D)  a listing of all property over which you have   exercised control that includes an adequate description of each   asset and the asset's current value, if known to you;                      (E)  the cash balance on hand and the name and   location of the depository at which the cash balance is kept;                      (F)  each known liability;                      (G)  any other information and facts known to you   as necessary for a full and definite understanding of the exact   condition of the property belonging to the principal; and                      (H)  all documentation regarding the principal's   property.   Termination of Agent's Authority          You must stop acting on behalf of the principal if you learn   of any event that terminates or suspends this power of attorney or   your authority under this power of attorney. An event that   terminates this power of attorney or your authority to act under   this power of attorney includes:                (1)  the principal's death;                (2)  the principal's revocation of this power of   attorney or your authority;                (3)  the occurrence of a termination event stated in   this power of attorney;                (4)  if you are married to the principal, the   dissolution of your marriage by court decree of divorce or   annulment;                (5)  the appointment and qualification of a permanent   guardian of the principal's estate unless a court order provides   otherwise; or                (6)  if ordered by a court, your removal as agent   (attorney in fact) under this power of attorney. An event that   suspends this power of attorney or your authority to act under this   power of attorney is the appointment and qualification of a   temporary guardian unless a court order provides otherwise [if   ordered by a court, the suspension of this power of attorney on the   appointment and qualification of a temporary guardian until the   date the term of the temporary guardian expires].   Liability of Agent          The authority granted to you under this power of attorney is   specified in the Durable Power of Attorney Act (Subtitle P, Title 2,   Estates Code). If you violate the Durable Power of Attorney Act or   act beyond the authority granted, you may be liable for any damages   caused by the violation or subject to prosecution for   misapplication of property by a fiduciary under Chapter 32 of the   Texas Penal Code.          THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER   THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL   RESPONSIBILITIES OF AN AGENT.          SECTION 6.  Subtitle P, Title 2, Estates Code, is amended by   adding Chapter 753 to read as follows:   CHAPTER 753.  REMOVAL OF ATTORNEY IN FACT OR AGENT          Sec. 753.001.  PROCEDURE FOR REMOVAL. (a)  In this section,   "person interested," notwithstanding Section 22.018, has the   meaning assigned by Section 1002.018.          (b)  The following persons may file a petition under this   section:                (1)  any person named as a successor attorney in fact or   agent in a durable power of attorney; or                (2)  if the person with respect to whom a guardianship   proceeding has been commenced is a principal who has executed a   durable power of attorney, any person interested in the   guardianship proceeding, including an attorney ad litem or guardian   ad litem.          (c)  On the petition of a person described by Subsection (b),   a probate court, after a hearing, may enter an order:                (1)  removing a person named and serving as an attorney   in fact or agent under a durable power of attorney;                (2)  authorizing the appointment of a successor   attorney in fact or agent who is named in the durable power of   attorney if the court finds that the successor attorney in fact or   agent is willing to accept the authority granted under the power of   attorney; and                (3)  if compensation is allowed by the terms of the   durable power of attorney, denying all or part of the removed   attorney in fact's or agent's compensation.          (d)  A court may enter an order under Subsection (c) if the   court finds:                (1)  that the attorney in fact or agent has breached the   attorney in fact's or agent's fiduciary duties to the principal;                (2)  that the attorney in fact or agent has materially   violated or attempted to violate the terms of the durable power of   attorney and the violation or attempted violation results in a   material financial loss to the principal;                (3)  that the attorney in fact or agent is   incapacitated or is otherwise incapable of properly performing the   attorney in fact's or agent's duties; or                (4)  that the attorney in fact or agent has failed to   make an accounting:                      (A)  that is required by Section 751.104 within   the period prescribed by Section 751.105, by other law, or by the   terms of the durable power of attorney; or                      (B)  as ordered by the court.          Sec. 753.002.  NOTICE TO THIRD PARTIES. Not later than the   21st day after the date the court enters an order removing an   attorney in fact or agent and authorizing the appointment of a   successor under Section 753.001, the successor attorney in fact or   agent shall provide actual notice of the order to each third party   that the attorney in fact or agent has reason to believe relied on   or may rely on the durable power of attorney.          SECTION 7.  Section 1055.003, Estates Code, is amended by   amending Subsection (a) and adding Subsection (d) to read as   follows:          (a)  Notwithstanding the Texas Rules of Civil Procedure and   except as provided by Subsection (d), an interested person may   intervene in a guardianship proceeding only by filing a timely   motion to intervene that is served on the parties.          (d)  A person who is entitled to receive notice under Section   1051.104 is not required to file a motion under this section to   intervene in a guardianship proceeding.          SECTION 8.  Section 1101.002, Estates Code, is amended to   read as follows:          Sec. 1101.002.  CONTENTS OF APPLICATION; CONFIDENTIALITY OF   CERTAIN ADDRESSES. An application filed under Section 1101.001 may   omit the address of a person named in the application if:                (1)  the application states that the person is or was   protected by a protective order issued under Chapter 85, Family   Code;                (2)  a copy of the protective order is attached to the   application as an exhibit;                (3)  the application states the county in which the   person resides;                (4)  the application indicates the place where notice   to or the issuance and service of citation on the person may be made   or sent; and                (5)  the application is accompanied by a request for an   order under Section 1051.201 specifying the manner of issuance,   service, and return of citation or notice on the person.          SECTION 9.  Section 1151.051(d), Estates Code, is amended to   read as follows:          (d)  Notwithstanding Subsection (c)(4), a guardian of the   person of a ward has the power to personally transport the ward or   to direct the ward's transport by emergency medical services or   other means to an inpatient mental health facility for a   preliminary examination in accordance with Subchapters A and C,   Chapter 573, Health and Safety Code. The guardian shall   immediately provide written notice to the court that granted the   guardianship as required by Section 573.004, Health and Safety   Code, of the filing of an application under that section.          SECTION 10.  Section 1357.052, Estates Code, is amended to   read as follows:          Sec. 1357.052.  AUTHORITY OF SUPPORTER; NATURE OF   RELATIONSHIP. (a)  A supporter may exercise the authority granted   to the supporter in the supported decision-making agreement.          (b)  The supporter owes to the adult with a disability   fiduciary duties as listed in the form provided by Section   1357.056(a), regardless of whether that form is used for the   supported decision-making agreement.          (c)  The relationship between an adult with a disability and   the supporter with whom the adult enters into a supported   decision-making agreement:                (1)  is one of trust and confidence; and                (2)  does not undermine the decision-making authority   of the adult.          SECTION 11.  Subchapter B, Chapter 1357, Estates Code, is   amended by adding Section 1357.0525 to read as follows:          Sec. 1357.0525.  DESIGNATION OF ALTERNATE SUPPORTER IN   CERTAIN CIRCUMSTANCES. In order to prevent a conflict of interest,   if a determination is made by an adult with a disability that the   supporter with whom the adult entered into a supported   decision-making agreement is the most appropriate person to provide   to the adult supports and services for which the supporter will be   compensated, the adult may amend the supported decision-making   agreement to designate an alternate person to act as the adult's   supporter for the limited purpose of participating in   person-centered planning as it relates to the provision of those   supports and services.          SECTION 12.  Section 1357.053(b), Estates Code, is amended   to read as follows:          (b)  The supported decision-making agreement is terminated   if:                (1)  the Department of Family and Protective Services   finds that the adult with a disability has been abused, neglected,   or exploited by the supporter; [or]                (2)  the supporter is found criminally liable for   conduct described by Subdivision (1); or                (3)  a temporary or permanent guardian of the person or   estate appointed for the adult with a disability qualifies.          SECTION 13.  Section 1357.056(a), Estates Code, is amended   to read as follows:          (a)  Subject to Subsection (b), a supported decision-making   agreement is valid only if it is in substantially the following   form:   SUPPORTED DECISION-MAKING AGREEMENT   Important Information For Supporter:  Duties          When you agree to provide support to an adult with a   disability under this supported decision-making agreement, you   have a duty to:                (1)  act in good faith;                (2)  act within the authority granted in this   agreement;                (3)  act loyally and without self-interest; and                (4)  avoid conflicts of interest.   Appointment of Supporter          I, (insert your name), make this agreement of my own free   will.          I agree and designate that:          Name:          Address:          Phone Number:          E-mail Address:   is my supporter.  My supporter may help me with making everyday life   decisions relating to the following:          Y/N     obtaining food, clothing, and shelter          Y/N     taking care of my physical health          Y/N     managing my financial affairs.          My supporter is not allowed to make decisions for me.  To help   me with my decisions, my supporter may:          1.  Help me access, collect, or obtain information that is   relevant to a decision, including medical, psychological,   financial, educational, or treatment records;          2.  Help me understand my options so I can make an informed   decision; or          3.  Help me communicate my decision to appropriate persons.          Y/N     A release allowing my supporter to see protected   health information under the Health Insurance Portability and   Accountability Act of 1996 (Pub. L. No. 104-191) is attached.          Y/N     A release allowing my supporter to see educational   records under the Family Educational Rights and Privacy Act of 1974   (20 U.S.C. Section 1232g) is attached.   Effective Date of Supported Decision-Making Agreement          This supported decision-making agreement is effective   immediately and will continue until (insert date) or until the   agreement is terminated by my supporter or me or by operation of   law.          Signed this ______ day of _________, 20___   Consent of Supporter          I, (name of supporter), consent to act as a supporter under   this agreement.                    (signature of supporter)(printed name of supporter)       Signature                    (my signature)(my printed name)                            (witness 1 signature)(printed name of witness 1)                      (witness 2 signature)(printed name of witness 2)            State of          County of          This document was acknowledged before me          on _______________________________ (date)   by _______________________________ and _______________________   (name of adult with a disability)(name of supporter)                                                                                        (signature of notarial officer)   (Seal, if any, of notary)                                   (printed name)                                   My commission expires:   WARNING:  PROTECTION FOR THE ADULT WITH A DISABILITY          IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE   OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT THE   ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY   THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, NEGLECT,   OR EXPLOITATION TO THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES   BY CALLING THE ABUSE HOTLINE AT 1-800-252-5400 OR ONLINE AT   WWW.TXABUSEHOTLINE.ORG.          SECTION 14.  (a)  Sections 751.052, 751.054(a), and   751.055(a), Estates Code, as amended by this Act, and Chapter 753,   Estates Code, as added by this Act, apply to a durable power of   attorney, including a statutory durable power of attorney, executed   before, on, or after the effective date of this Act.          (b)  Section 752.051, Estates Code, as amended by this Act,   applies to a statutory durable power of attorney executed on or   after the effective date of this Act.  A statutory durable power of   attorney executed before the effective date of this Act is governed   by the law as it existed on the date the statutory durable power of   attorney was executed, and the former law is continued in effect for   that purpose.          (c)  Section 1055.003, Estates Code, as amended by this Act,   applies to a guardianship proceeding that is pending or commenced   on or after the effective date of this Act.          (d)  Section 1101.002, Estates Code, as amended by this Act,   applies to an application for a guardianship filed on or after the   effective date of this Act.          (e)  Sections 1357.052 and 1357.053(b), Estates Code, as   amended by this Act, and Section 1357.0525, Estates Code, as added   by this Act, apply to a supported decision-making agreement entered   into before, on, or after the effective date of this Act.          (f)  Section 1357.056(a), Estates Code, as amended by this   Act, applies to a supported decision-making agreement entered into   on or after the effective date of this Act.  A supported   decision-making agreement entered into before the effective date of   this Act is governed by the law as it existed on the date the   supported decision-making agreement was entered into, and the   former law is continued in effect for that purpose.          SECTION 15.  This Act takes effect September 1, 2017.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 39 passed the Senate on   April 5, 2017, by the following vote: Yeas 30, Nays 0; and that the   Senate concurred in House amendment on May 25, 2017, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 39 passed the House, with   amendment, on May 22, 2017, by the following vote: Yeas 144,   Nays 0, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor