Section 1101.104 - [Multiple Versions] Examinations And Documentation Regarding Intellectual Disability[Section as amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 938]
(a) If an intellectual disability is the basis of the proposed ward's alleged incapacity, the court may not grant an application to create a guardianship for the proposed ward unless the applicant presents to the court a written letter or certificate that: (1) complies with Sections 1101.103(a) and (b); or (2) shows that not earlier than 24 months before the hearing date: (A) the proposed ward has been examined by a physician or psychologist licensed in this state or certified by the Health and Human Services Commission to perform the examination, in accordance with rules of the executive commissioner of the commission governing examinations of that kind, and the physician's or psychologist's written findings and recommendations include a determination of an intellectual disability; or (B) a physician or psychologist licensed in this state or certified by the Health and Human Services Commission to perform examinations described by Paragraph (A) updated or endorsed in writing a prior determination of an intellectual disability for the proposed ward made by a physician or psychologist licensed in this state or certified by the commission . (b) A physician or psychologist described by Subsection (a)(2)(A) must preferably have experience examining individuals with an intellectual disability. For purposes of this subsection, a physician or psychologist is considered to have experience examining individuals with an intellectual disability if the physician or psychologist has an established patient-provider relationship with the proposed ward. Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 938,Sec. 1, eff. 9/1/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 938,Sec. 1, eff. 9/1/2023.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 780,Sec. 2, eff. 1/1/2014.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 161,Sec. 6.036, eff. 1/1/2014.Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. 1/1/2014.This section is set out more than once due to postponed, multiple, or conflicting amendments.