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House approves database, gatekeeper orders for pleadings filed by adjudicated-incompetent persons
Summary
House Bill 354 directs a new database to track individuals adjudicated incompetent and authorizes gatekeeper orders to prevent improper filings; lawmakers discussed retroactivity and exceptions.
The House passed the committee substitute to House Bill 354 on third reading, creating a statewide mechanism to record and block filings made by people adjudicated incompetent and to issue gatekeeper orders when necessary.
Representative Pirtle told the chamber the bill addresses pleadings filed by persons during periods when they have been adjudicated incompetent and would allow courts to strike filings by such individuals that were not filed by the guardian or lead counsel. The bill also creates an Office of Administrative Courts database to track adjudications, guardianship status and competency restorations; judges and clerks would have access to the database. The sponsor said the measure is effective Dec. 1, 2025.
During floor questions, a member asked whether the rule would be retroactive to filings made before the effective date; Pirtle said the bill applies to filings while a person is adjudicated incompetent after the effective date and that it is not retroactive to filings made before the statute’s effective date. Representatives discussed limited exceptions in the bill, including filings that appeal an adjudication of incompetency, challenges to a guardian, or actions where the adjudicated person is being sued.
A recorded vote on second reading showed 89–24 in favor; the committee substitute later passed on third reading and was ordered sent to the Senate.
