Texas Senate Bill SB1057

Texas 2009 - 81st Regular

• 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
• Enrolled: 5/26/09
• Passed: 6/19/09

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burden it places on guardianship services and the implications for individuals who may be unfairly affected due to outdated or irrelevant criminal records.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.