Texas 2009 - 81st Regular

Texas Senate Bill SB1055 Compare Versions

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1	1	S.B. No. 1055
2	2
3	3
4	4	AN ACT
5	5	relating to reporting and application requirements regarding
6	6	certain public and private guardians.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 111.044, Government Code, is amended to
9	9	read as follows:
10	10	Sec. 111.044. ANNUAL DISCLOSURE. (a) Not later than
11	11	January 31 of each year, each guardianship program [and private
12	12	professional guardian] shall provide to the board a report
13	13	containing for the preceding year:
14	14	(1) the number of wards served by the guardianship
15	15	program reported by county in which the application to create a
16	16	guardianship for the ward is filed and the total number of wards
17	17	served by the guardianship program [or private professional
18	18	guardian, as applicable];
19	19	(2) the name, business address, and business telephone
20	20	number of each individual employed by or volunteering or
21	21	contracting with the guardianship program to provide guardianship
22	22	services to a ward or proposed ward of the program;
23	23	(3) the name of each county in which an individual
24	24	described by Subdivision (2) provides or is authorized to provide
25	25	guardianship services;
26	26	(4) the total amount of money received from this state
27	27	for the provision of guardianship services; and
28	28	(5) [(3)] the [total] amount of money received from
29	29	any other public source, including a county or the federal
30	30	government, for the provision of guardianship services, reported by
31	31	source, and the total amount of money received from those public
32	32	sources.
33	33	(b) Not later than January 31 of each year, each private
34	34	professional guardian shall provide to the board a report
35	35	containing for the preceding year:
36	36	(1) the number of wards served by the private
37	37	professional guardian reported by county in which the application
38	38	to create a guardianship for the ward is filed and the total number
39	39	of wards served by the private professional guardian;
40	40	(2) the name, business address, and business telephone
41	41	number of each individual who provides guardianship services to a
42	42	ward of the private professional guardian on behalf of the private
43	43	professional guardian;
44	44	(3) the total amount of money received from this state
45	45	for the provision of guardianship services; and
46	46	(4) the amount of money received from any other public
47	47	source, including a county or the federal government, for the
48	48	provision of guardianship services, reported by source, and the
49	49	total amount of money received from those public sources.
50	50	(c) A private professional guardian shall submit with the
51	51	report required under Subsection (b) a copy of the guardian's
52	52	application for a certificate of registration required by Section
53	53	697(a), Texas Probate Code.
54	54	SECTION 2. Subsections (a) and (e), Section 697, Texas
55	55	Probate Code, are amended to read as follows:
56	56	(a) A private professional guardian must apply annually to
57	57	the clerk of the county having venue over the proceeding for the
58	58	appointment of a guardian for a certificate of registration. The
59	59	application must include a sworn statement containing the following
60	60	information concerning a private professional guardian or each
61	61	person who represents or plans to represent the interests of a ward
62	62	as a guardian on behalf of the private professional guardian:
63	63	(1) educational background and professional
64	64	experience;
65	65	(2) three or more professional references;
66	66	(3) the names of all of the wards the private
67	67	professional guardian or person is or will be serving as a guardian;
68	68	(4) the aggregate fair market value of the property of
69	69	all wards that is being or will be managed by the private
70	70	professional guardian or person;
71	71	(5) place of residence, business address, and business
72	72	telephone number; [and]
73	73	(6) whether the private professional guardian or
74	74	person has ever been removed as a guardian by the court or resigned
75	75	as a guardian in a particular case, and, if so, a description of the
76	76	circumstances causing the removal or resignation, and the style of
77	77	the suit, the docket number, and the court having jurisdiction over
78	78	the proceeding; and
79	79	(7) the certification number or provisional
80	80	certification number issued by the Guardianship Certification
81	81	Board to the private professional guardian or person.
82	82	(e) Not later than January 31 [February 1] of each year, the
83	83	clerk shall submit to the Guardianship Certification Board [and the
84	84	Health and Human Services Commission] the names and business
85	85	addresses of private professional guardians who have satisfied the
86	86	registration requirements under this section during the preceding
87	87	year.
88	88	SECTION 3. Section 697A, Texas Probate Code, is amended to
89	89	read as follows:
90	90	Sec. 697A. LIST OF CERTAIN PUBLIC GUARDIANS MAINTAINED BY
91	91	COUNTY CLERKS OR GUARDIANSHIP CERTIFICATION BOARD. (a) Not later
92	92	than January 31 of each year, each [Each] guardianship program
93	93	operating in a county shall submit [annually] to the county clerk a
94	94	copy of the report submitted to the Guardianship Certification
95	95	Board under Section 111.044, Government Code [statement containing
96	96	the name, address, and telephone number of each individual employed
97	97	by or volunteering or contracting with the program to provide
98	98	guardianship services to a ward or proposed ward of the program].
99	99	(b) Not later than January 31 [February 1] of each year, the
100	100	Department of Aging and Disability Services shall submit to the
101	101	Guardianship Certification Board a statement containing:
102	102	(1) the name, address, and telephone number of each
103	103	department employee who is or will be providing guardianship
104	104	services to a ward or proposed ward on behalf of the department; and
105	105	(2) the name of each [the] county [or counties] in
106	106	which each employee named in Subdivision (1) of this subsection is
107	107	providing or is authorized to provide those services.
108	108	[(c) Not later than February 1 of each year, the county
109	109	clerk shall submit to the Guardianship Certification Board the
110	110	information received under Subsection (a) of this section during
111	111	the preceding year.]
112	112	SECTION 4. This Act takes effect September 1, 2009.
113	113	______________________________ ______________________________
114	114	President of the Senate Speaker of the House
115	115	I hereby certify that S.B. No. 1055 passed the Senate on
116	116	April 9, 2009, by the following vote: Yeas 31, Nays 0.
117	117	______________________________
118	118	Secretary of the Senate
119	119	I hereby certify that S.B. No. 1055 passed the House on
120	120	May 26, 2009, by the following vote: Yeas 145, Nays 0, two
121	121	present not voting.
122	122	______________________________
123	123	Chief Clerk of the House
124	124	Approved:
125	125	______________________________
126	126	Date
127	127	______________________________
128	128	Governor