81R11222 ALB-D
By: Rose H.B. No. 4154
A BILL TO BE ENTITLED
AN ACT
relating to creation of a volunteer advocate program for certain
elderly persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 48.208(g), Human Resources Code, is
amended to read as follows:
(g) The court shall appoint an attorney ad litem to
represent the elderly or disabled person in any proceeding brought
by the department under this section. A reasonable fee, as
determined by the court, shall be paid to the attorney ad litem from
the general fund of the county. If the person is elderly, the court
may also appoint an individual to serve as a volunteer advocate for
the person in accordance with the program established under Section
161.084.
SECTION 2. Subchapter D, Chapter 161, Human Resources Code,
is amended by adding Section 161.084 to read as follows:
Sec. 161.084. VOLUNTEER ADVOCATE PROGRAM FOR THE ELDERLY.
(a) In this section, "elderly person" means a person 65 years of
age or older.
(b) The department may establish a volunteer advocate
program under which trained individuals serve as volunteer
advocates for elderly persons subject to:
(1) guardianship proceedings; or
(2) proceedings under Section 48.208 in which
emergency orders are sought authorizing the provision of protective
services.
(c) The department may enter into agreements with
appropriate nonprofit organizations for the provision of services
under the program. A nonprofit organization is eligible to provide
services under the program if the organization:
(1) has significant experience in providing services
to the elderly;
(2) has the capacity to provide training and
supervision for individuals interested in serving as volunteer
advocates for the elderly; and
(3) meets any other criteria prescribed by the
department.
(d) In developing the program under this section, the
department shall consider the structure and operation of existing
programs that provide volunteer advocates for abused or neglected
children and incorporate any appropriate aspects of those programs.
(e) The department shall seek and may accept gifts, grants,
or donations for the program from any public or private source.
(f) The executive commissioner may adopt rules necessary to
implement the program.
SECTION 3. Subpart E, Part 2, Chapter XIII, Texas Probate
Code, is amended by adding Section 645B to read as follows:
Sec. 645B. APPOINTMENT OF VOLUNTEER ADVOCATE. In a
proceeding under this chapter for the appointment of a guardian for
a proposed ward who is 65 years of age or older, the court may
appoint an individual to serve as a volunteer advocate for the
proposed ward in accordance with the program established under
Section 161.084, Human Resources Code.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.