Texas 2009 - 81st Regular

Texas House Bill HB2049 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3165 MTB-F
2	2	By: Naishtat H.B. No. 2049
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reporting and application requirements regarding
8	8	certain public and private guardians.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 111.044, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 111.044. ANNUAL DISCLOSURE. (a) Not later than January
13	13	31 of each year, each guardianship program [and private
14	14	professional guardian] shall provide to the board a report
15	15	containing for the preceding year:
16	16	(1) the number of wards served by the guardianship
17	17	program reported by county in which the application to create a
18	18	guardianship for the ward is filed and the total number of wards
19	19	served by the guardianship program [or private professional
20	20	guardian, as applicable];
21	21	(2) the name, business address, and business telephone
22	22	number of each individual employed by or volunteering or
23	23	contracting with the guardianship program to provide guardianship
24	24	services to a ward or proposed ward of the program;
25	25	(3) the name of each county in which an individual
26	26	described by Subdivision (2) provides or is authorized to provide
27	27	guardianship services;
28	28	(4) the total amount of money received from this state
29	29	for the provision of guardianship services; and
30	30	(5) [(3)] the [total] amount of money received from
31	31	any other public source, including a county or the federal
32	32	government, for the provision of guardianship services, reported by
33	33	source, and the total amount of money received from those public
34	34	sources.
35	35	(b) Not later than January 31 of each year, each private
36	36	professional guardian shall provide to the board a report
37	37	containing for the preceding year:
38	38	(1) the number of wards served by the private
39	39	professional guardian reported by county in which the application
40	40	to create a guardianship for the ward is filed and the total number
41	41	of wards served by the private professional guardian;
42	42	(2) the name, business address, and business telephone
43	43	number of each individual who provides guardianship services to a
44	44	ward of the private professional guardian on behalf of the private
45	45	professional guardian;
46	46	(3) the total amount of money received from this state
47	47	for the provision of guardianship services; and
48	48	(4) the amount of money received from any other public
49	49	source, including a county or the federal government, for the
50	50	provision of guardianship services, reported by source, and the
51	51	total amount of money received from those public sources.
52	52	(c) A private professional guardian shall submit with the
53	53	report required under Subsection (b) a copy of the guardian's
54	54	application for a certificate of registration required by Section
55	55	697(a), Texas Probate Code.
56	56	SECTION 2. Sections 697(a) and (e), Texas Probate Code, are
57	57	amended to read as follows:
58	58	(a) A private professional guardian must apply annually to
59	59	the clerk of the county having venue over the proceeding for the
60	60	appointment of a guardian for a certificate of registration. The
61	61	application must include a sworn statement containing the following
62	62	information concerning a private professional guardian or each
63	63	person who represents or plans to represent the interests of a ward
64	64	as a guardian on behalf of the private professional guardian:
65	65	(1) educational background and professional
66	66	experience;
67	67	(2) three or more professional references;
68	68	(3) the names of all of the wards the private
69	69	professional guardian or person is or will be serving as a guardian;
70	70	(4) the aggregate fair market value of the property of
71	71	all wards that is being or will be managed by the private
72	72	professional guardian or person;
73	73	(5) place of residence, business address, and business
74	74	telephone number; [and]
75	75	(6) whether the private professional guardian or
76	76	person has ever been removed as a guardian by the court or resigned
77	77	as a guardian in a particular case, and, if so, a description of the
78	78	circumstances causing the removal or resignation, and the style of
79	79	the suit, the docket number, and the court having jurisdiction over
80	80	the proceeding; and
81	81	(7) the certification number or provisional
82	82	certification number issued by the Guardianship Certification
83	83	Board to the private professional guardian or person.
84	84	(e) Not later than January 31 [February 1] of each year, the
85	85	clerk shall submit to the Guardianship Certification Board [and the
86	86	Health and Human Services Commission] the names and business
87	87	addresses of private professional guardians who have satisfied the
88	88	registration requirements under this section during the preceding
89	89	year.
90	90	SECTION 3. Section 697A, Texas Probate Code, is amended to
91	91	read as follows:
92	92	Sec. 697A. LIST OF CERTAIN PUBLIC GUARDIANS MAINTAINED BY
93	93	COUNTY CLERKS OR GUARDIANSHIP CERTIFICATION BOARD. (a) Not later
94	94	than January 31 of each year, each [Each] guardianship program
95	95	operating in a county shall submit [annually] to the county clerk a
96	96	copy of the report submitted to the Guardianship Certification
97	97	Board under Section 111.044, Government Code [statement containing
98	98	the name, address, and telephone number of each individual employed
99	99	by or volunteering or contracting with the program to provide
100	100	guardianship services to a ward or proposed ward of the program].
101	101	(b) Not later than January 31 [February 1] of each year, the
102	102	Department of Aging and Disability Services shall submit to the
103	103	Guardianship Certification Board a statement containing:
104	104	(1) the name, address, and telephone number of each
105	105	department employee who is or will be providing guardianship
106	106	services to a ward or proposed ward on behalf of the department; and
107	107	(2) the name of each [the] county [or counties] in
108	108	which each employee named in Subdivision (1) of this subsection is
109	109	providing or is authorized to provide those services.
110	110	[(c) Not later than February 1 of each year, the county
111	111	clerk shall submit to the Guardianship Certification Board the
112	112	information received under Subsection (a) of this section during
113	113	the preceding year.]
114	114	SECTION 4. This Act takes effect September 1, 2009.