By: Smithee (Senate Sponsor - Zaffirini) H.B. No. 3424
(In the Senate - Received from the House May 13, 2015;
May 14, 2015, read first time and referred to Committee on State
Affairs; May 22, 2015, reported favorably by the following vote:
Yeas 9, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to a central database containing information about certain
individuals under guardianship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 1053, Estates Code, is
amended by adding Section 1053.106 to read as follows:
Sec. 1053.106. CERTAIN INFORMATION PROVIDED BY COURT CLERK.
(a) Except as provided by Subsection (b), the clerk of a court
shall compile and provide to the Department of Public Safety of the
State of Texas the:
(1) names of incapacitated persons who are at least 18
years of age and who have a guardian appointed under Title 3,
Estates Code;
(2) name of the guardian appointed for each
incapacitated person; and
(3) contact information for the guardian appointed for
each incapacitated person.
(b) The clerk of a court must obtain the consent of a
guardian of an incapacitated person on a form prescribed by the
Department of Public Safety of the State of Texas before the clerk
may provide to the department the information for the incapacitated
person described by Subsection (a).
SECTION 2. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.055 to read as follows:
Sec. 411.055. DATABASE OF INCAPACITATED PERSONS AND
GUARDIANS. (a) In this section:
(1) "Incapacitated person" means an adult who:
(A) because of a physical or mental condition, is
substantially unable to:
(i) provide food, clothing, or shelter for
himself or herself;
(ii) care for the person's own physical
health; or
(iii) manage the person's own financial
affairs; and
(B) has a guardian appointed under Title 3,
Estates Code.
(2) "Emergency service provider" means an individual
who provides emergency response services, including a law
enforcement officer, firefighter, emergency medical services
provider, dispatcher, or rescue service provider.
(b) The department shall develop and maintain a
computerized central database accessible only to emergency service
providers that contains, to the extent the information is available
to the department:
(1) the names of incapacitated persons who have a
guardian consenting to the dissemination of the incapacitated
person's information under Section 1053.106, Estates Code; and
(2) for each incapacitated person, the name of the
guardian appointed for that person and contact information for the
guardian.
(c) Information contained in the database is confidential
and not subject to disclosure under Chapter 552, Government Code.
(d) The director shall adopt rules as necessary to implement
and maintain the database created under this section.
SECTION 3. This Act takes effect September 1, 2015.
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