81R3165 MTB-F
By: Naishtat H.B. No. 2049
A BILL TO BE ENTITLED
AN ACT
relating to reporting and application requirements regarding
certain public and private guardians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 111.044, Government Code, is amended to
read as follows:
Sec. 111.044. ANNUAL DISCLOSURE. (a) Not later than January
31 of each year, each guardianship program [and private
professional guardian] shall provide to the board a report
containing for the preceding year:
(1) the number of wards served by the guardianship
program reported by county in which the application to create a
guardianship for the ward is filed and the total number of wards
served by the guardianship program [or private professional
guardian, as applicable];
(2) the name, business address, and business telephone
number of each individual employed by or volunteering or
contracting with the guardianship program to provide guardianship
services to a ward or proposed ward of the program;
(3) the name of each county in which an individual
described by Subdivision (2) provides or is authorized to provide
guardianship services;
(4) the total amount of money received from this state
for the provision of guardianship services; and
(5) [(3)] the [total] amount of money received from
any other public source, including a county or the federal
government, for the provision of guardianship services, reported by
source, and the total amount of money received from those public
sources.
(b) Not later than January 31 of each year, each private
professional guardian shall provide to the board a report
containing for the preceding year:
(1) the number of wards served by the private
professional guardian reported by county in which the application
to create a guardianship for the ward is filed and the total number
of wards served by the private professional guardian;
(2) the name, business address, and business telephone
number of each individual who provides guardianship services to a
ward of the private professional guardian on behalf of the private
professional guardian;
(3) the total amount of money received from this state
for the provision of guardianship services; and
(4) the amount of money received from any other public
source, including a county or the federal government, for the
provision of guardianship services, reported by source, and the
total amount of money received from those public sources.
(c) A private professional guardian shall submit with the
report required under Subsection (b) a copy of the guardian's
application for a certificate of registration required by Section
697(a), Texas Probate Code.
SECTION 2. Sections 697(a) and (e), Texas Probate Code, are
amended to read as follows:
(a) A private professional guardian must apply annually to
the clerk of the county having venue over the proceeding for the
appointment of a guardian for a certificate of registration. The
application must include a sworn statement containing the following
information concerning a private professional guardian or each
person who represents or plans to represent the interests of a ward
as a guardian on behalf of the private professional guardian:
(1) educational background and professional
experience;
(2) three or more professional references;
(3) the names of all of the wards the private
professional guardian or person is or will be serving as a guardian;
(4) the aggregate fair market value of the property of
all wards that is being or will be managed by the private
professional guardian or person;
(5) place of residence, business address, and business
telephone number; [and]
(6) whether the private professional guardian or
person has ever been removed as a guardian by the court or resigned
as a guardian in a particular case, and, if so, a description of the
circumstances causing the removal or resignation, and the style of
the suit, the docket number, and the court having jurisdiction over
the proceeding; and
(7) the certification number or provisional
certification number issued by the Guardianship Certification
Board to the private professional guardian or person.
(e) Not later than January 31 [February 1] of each year, the
clerk shall submit to the Guardianship Certification Board [and the
Health and Human Services Commission] the names and business
addresses of private professional guardians who have satisfied the
registration requirements under this section during the preceding
year.
SECTION 3. Section 697A, Texas Probate Code, is amended to
read as follows:
Sec. 697A. LIST OF CERTAIN PUBLIC GUARDIANS MAINTAINED BY
COUNTY CLERKS OR GUARDIANSHIP CERTIFICATION BOARD. (a) Not later
than January 31 of each year, each [Each] guardianship program
operating in a county shall submit [annually] to the county clerk a
copy of the report submitted to the Guardianship Certification
Board under Section 111.044, Government Code [statement containing
the name, address, and telephone number of each individual employed
by or volunteering or contracting with the program to provide
guardianship services to a ward or proposed ward of the program].
(b) Not later than January 31 [February 1] of each year, the
Department of Aging and Disability Services shall submit to the
Guardianship Certification Board a statement containing:
(1) the name, address, and telephone number of each
department employee who is or will be providing guardianship
services to a ward or proposed ward on behalf of the department; and
(2) the name of each [the] county [or counties] in
which each employee named in Subdivision (1) of this subsection is
providing or is authorized to provide those services.
[(c) Not later than February 1 of each year, the county
clerk shall submit to the Guardianship Certification Board the
information received under Subsection (a) of this section during
the preceding year.]
SECTION 4. This Act takes effect September 1, 2009.