Texas 2009 - 81st Regular

Texas Senate Bill SB1057

Filed
 
Out of Senate Committee
3/30/09  
Voted on by Senate
4/16/09  
Out of House Committee
5/12/09  
Voted on by House
5/26/09  
Governor Action
6/19/09  
Bill Becomes Law
 
Enrolled
5/26/09  

Caption

Relating to criminal history record information relating to persons who are certified to provide guardianship services.

Impact

The bill introduces changes that are aimed at enhancing the screening process for individuals who might serve as guardians. By mandating criminal history checks for those employed by or representing professional guardians, SB1057 seeks to improve accountability within the guardianship system. Additionally, the legislation protects the confidentiality of the criminal history information and emphasizes that it is for court use only, which further safeguards the interests of those wards under guardianship.

Summary

SB1057 addresses the handling of criminal history record information related to individuals and entities providing guardianship services in Texas. The bill amends existing provisions to clarify the requirements for obtaining criminal history checks for private professional guardians and those associated with them. It specifies that county clerks are responsible for obtaining criminal history data from the Department of Public Safety and the FBI for relevant parties involved in guardianship, ensuring the safety and suitability of guardianship services.

Contention

One notable point of contention around SB1057 concerns the requirement for criminal history checks and how these checks are implemented. While supporters argue that such screenings are essential for ensuring the safety and welfare of vulnerable individuals in guardianship, critics may express concerns about the bureaucratic burden it places on guardianship services and the implications for individuals who may be unfairly affected due to outdated or irrelevant criminal records. The balance between ensuring protection for wards and maintaining accessibility to guardianship services is a critical focus of the ongoing discussions around this legislation.

Companion Bills

TX HB2050

Identical Relating to criminal history record information relating to persons who are certified to provide guardianship services.

Previously Filed As

TX SB2248

Relating to guardianships for persons who are incapacitated; changing a fee.

TX HB4123

Relating to access to and use of certain criminal history record information.

TX SB23

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB12

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB1624

Relating to guardianships and services for incapacitated persons and to the emergency detention of certain persons with mental illness.

TX SB24

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB44

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB1785

Relating to the dissemination of criminal history record information by the Department of Public Safety.

TX HB653

Relating to guardianships of the person of wards with profound intellectual disabilities who are minors or were minors when their guardianship proceedings commenced.

TX SB2549

Relating to guardianships of the person of wards with profound intellectual disabilities who are minors or were minors when their guardianship proceedings commenced.

Similar Bills

MN SF3438

Guardianship provisions modifications

MI SB0137

Children: guardians; guardians of tribal children; allow access to guardian funds. Amends secs. 5, 5a, 5b & 6 of 2008 PA 260 (MCL 722.875 et seq.). TIE BAR WITH: SB 0138'23

MI SB0138

Children: guardians; guardians of tribal children; allow access to guardian funds. Amends secs. 2, 3 & 4 of 2008 PA 260 (MCL 722.872 et seq.). TIE BAR WITH: SB 0137'23

MN HF3483

Guardian immunity amended, guardianship task force created, and report required.

TX SB1325

Relating to authorizing counties to establish public guardians to serve as guardians for certain incapacitated persons.

MN SF1920

Provisions modification relating to guardians

MN HF1909

Guardian governing provisions modified.

DE SB119

An Act To Amend Title 13 And Title 31 Of The Delaware Code Relating To Guardianship Of A Child.