Texas 2017 - 85th Regular

Texas House Bill HB2892 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R6595 KFF-D
2	2	By: Smithee H.B. No. 2892
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to guardianships; authorizing a fee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 14, Code of Criminal Procedure, is
10	10	amended by adding Article 14.055 to read as follows:
11	11	Art. 14.055. DUTY OF OFFICER TO NOTIFY PROBATE COURT. (a)
12	12	In this article, "ward" has the meaning assigned by Section 22.033,
13	13	Estates Code.
14	14	(b) As soon as practicable, but not later than the first
15	15	working day after the date a peace officer detains or arrests a
16	16	person who is a ward, the peace officer or the person having custody
17	17	of the ward shall notify the court having jurisdiction over the
18	18	ward's guardianship of the ward's detention or arrest.
19	19	SECTION 2. Chapter 15, Code of Criminal Procedure, is
20	20	amended by adding Article 15.171 to read as follows:
21	21	Art. 15.171. DUTY OF OFFICER TO NOTIFY PROBATE COURT. (a)
22	22	In this article, "ward" has the meaning assigned by Section 22.033,
23	23	Estates Code.
24	24	(b) As soon as practicable, but not later than the first
25	25	working day after the date a peace officer arrests a person who is a
26	26	ward, the peace officer or the person having custody of the ward
27	27	shall notify the court having jurisdiction over the ward's
28	28	guardianship of the ward's arrest.
29	29	SECTION 3. Subchapter A, Chapter 1104, Estates Code, is
30	30	amended by adding Section 1104.003 to read as follows:
31	31	Sec. 1104.003. TRAINING REQUIRED. A court may not appoint
32	32	an individual to serve as guardian under this title if the
33	33	individual has not received the training required under Section
34	34	155.204, Government Code.
35	35	SECTION 4. The heading to Section 1104.404, Estates Code,
36	36	is amended to read as follows:
37	37	Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING
38	38	CERTAIN PERSONS [HOLDING A CERTIFICATE].
39	39	SECTION 5. Section 1104.404(a), Estates Code, is amended to
40	40	read as follows:
41	41	(a) The clerk described by Section 1104.402 is not required
42	42	to obtain criminal history record information for a person [who
43	43	holds a certificate issued under Section 155.102, Government Code,
44	44	or a provisional certificate issued under Section 155.103,
45	45	Government Code,] if the [guardianship certification program of
46	46	the] Judicial Branch Certification Commission conducted a criminal
47	47	history check on the person under Chapter 155, Government Code
48	48	[before issuing or renewing the certificate].
49	49	SECTION 6. Subchapter B, Chapter 1253, Estates Code, is
50	50	amended by adding Section 1253.0515 to read as follows:
51	51	Sec. 1253.0515. CERTIFICATION OR TRAINING OF GUARDIAN. (a)
52	52	A guardian filing an application under this subchapter must comply
53	53	with Subchapter C or D, Chapter 155, Government Code, as
54	54	applicable.
55	55	(b) A court may not grant an application filed under this
56	56	subchapter unless the guardian complies with Subsection (a).
57	57	SECTION 7. Chapter 52, Family Code, is amended by adding
58	58	Section 52.011 to read as follows:
59	59	Sec. 52.011. DUTY OF LAW ENFORCEMENT OFFICER TO NOTIFY
60	60	PROBATE COURT. (a) In this section, "ward" has the meaning
61	61	assigned by Section 22.033, Estates Code.
62	62	(b) As soon as practicable, but not later than the first
63	63	working day after the date a law enforcement officer takes a child
64	64	who is a ward into custody under Section 52.01(a)(2) or (3), the law
65	65	enforcement officer or other person having custody of the child
66	66	shall notify the court with jurisdiction over the child's
67	67	guardianship of the child's detention or arrest.
68	68	SECTION 8. The heading to Chapter 155, Government Code, is
69	69	amended to read as follows:
70	70	CHAPTER 155. DUTIES RESPECTING GUARDIANSHIP [CERTIFICATION]
71	71	SECTION 9. Section 155.001, Government Code, is amended by
72	72	adding Subdivision (6-a) to read as follows:
73	73	(6-a) Notwithstanding Section 151.001, "registration"
74	74	means registration of a guardianship under this chapter.
75	75	SECTION 10. The heading to Subchapter C, Chapter 155,
76	76	Government Code, is amended to read as follows:
77	77	SUBCHAPTER C. STANDARDS FOR AND CERTIFICATION [REGULATION] OF
78	78	CERTAIN GUARDIANS
79	79	SECTION 11. Chapter 155, Government Code, is amended by
80	80	adding Subchapters D and E to read as follows:
81	81	SUBCHAPTER D. GUARDIANSHIP REGISTRATION AND DATABASE
82	82	Sec. 155.151. REGISTRATION OF GUARDIANSHIPS. (a) The
83	83	supreme court, after consulting with the office and the commission,
84	84	shall by rule establish a mandatory registration program for
85	85	guardianships under which all guardianships in this state shall be
86	86	required to register with the commission.
87	87	(b) In establishing rules under this section, the supreme
88	88	court shall ensure courts with jurisdiction over a guardianship
89	89	immediately notify the commission of the removal of a guardian.
90	90	Sec. 155.152. GUARDIANSHIP DATABASE. In cooperation with
91	91	the commission and courts with jurisdiction over guardianship
92	92	proceedings and by using the information obtained by the commission
93	93	under this subchapter, the office shall establish and maintain a
94	94	central database of all guardianships subject to the jurisdiction
95	95	of this state.
96	96	Sec. 155.153. ACCESS TO DATABASE. (a) The office shall
97	97	ensure the database is accessible to the Department of Public
98	98	Safety for law enforcement purposes.
99	99	(b) Subject to Subsection (c), the Department of Public
100	100	Safety shall make information from the database available to law
101	101	enforcement personnel through the Texas Law Enforcement
102	102	Telecommunications System or a successor system of
103	103	telecommunication used by law enforcement agencies and operated by
104	104	the department.
105	105	(c) The only information that may be disclosed from the
106	106	database to a law enforcement official inquiring into a
107	107	guardianship is:
108	108	(1) the name, sex, and date of birth of a ward;
109	109	(2) the name, telephone number, and address of the
110	110	guardian of a ward; and
111	111	(3) the name of the court with jurisdiction over the
112	112	guardianship.
113	113	(d) The office shall limit access to the database to
114	114	properly trained staff.
115	115	Sec. 155.154. DATABASE DISCLAIMER. To the extent feasible,
116	116	the following disclaimer shall be displayed when the database is
117	117	accessed: "This database is for the limited purpose of determining
118	118	whether an individual has a guardian and obtaining a guardian's
119	119	contact information. The scope of a guardian's authority is
120	120	determined by court order, and a guardian should not be presumed to
121	121	have the authority to act for or on behalf of a ward until the extent
122	122	of the guardian's authority is verified by the court with
123	123	jurisdiction over the guardianship."
124	124	Sec. 155.155. CONFIDENTIALITY OF INFORMATION IN DATABASE.
125	125	(a) Information that is contained in the database required under
126	126	Section 155.152, including personally identifying information of a
127	127	guardian or a ward, is confidential and not subject to disclosure
128	128	under Chapter 552 or any other law.
129	129	(b) A law enforcement agency or officer that receives the
130	130	information must maintain the confidentiality of the information,
131	131	may not disclose the information under Chapter 552 or any other law,
132	132	and may not use the information for a purpose that does not directly
133	133	relate to the purpose for which it was obtained.
134	134	SUBCHAPTER E. DUTY TO ASSIST IN QUALIFYING CERTAIN GUARDIANS
135	135	Sec. 155.201. DEFINITION. In this subchapter, "probate
136	136	court" has the meaning assigned by Section 1002.008, Estates Code.
137	137	Sec. 155.202. APPLICABILITY. This subchapter does not
138	138	apply with respect to the following persons who are or will be
139	139	providing guardianship services to a proposed ward:
140	140	(1) an attorney or corporate fiduciary; or
141	141	(2) an individual subject to certification under
142	142	Subchapter C.
143	143	Sec. 155.203. DUTY TO PROVIDE ASSISTANCE IN QUALIFYING
144	144	GUARDIANS. (a) The supreme court, after consulting with the
145	145	commission, shall by rule establish a process by which the
146	146	commission performs training and criminal history background
147	147	checks for individuals seeking appointment as guardian.
148	148	(b) In adopting rules under this section, the supreme court
149	149	shall ensure that the commission is required to provide
150	150	confirmation of a person's completion of training and a copy of the
151	151	person's criminal history background check to the probate court not
152	152	later than the 10th day before the date of the hearing to appoint a
153	153	guardian.
154	154	Sec. 155.204. TRAINING REQUIRED. (a) In adopting rules
155	155	under Section 155.203, the supreme court shall ensure that before a
156	156	person is appointed guardian, the person completes a training
157	157	course:
158	158	(1) designed by the commission to educate proposed
159	159	guardians about their responsibilities as guardians, alternatives
160	160	to guardianships, supports and services available to the proposed
161	161	ward, and a ward's bill of rights under Section 1151.351, Estates
162	162	Code; and
163	163	(2) made available for free to proposed guardians by
164	164	the commission online via the commission's Internet website and, on
165	165	request, in a written format.
166	166	(b) Notwithstanding Section 155.203(b) or Section 1251.052,
167	167	Estates Code, the training required under Subsection (a):
168	168	(1) does not apply to the initial appointment of a
169	169	temporary guardian under Chapter 1251, Estates Code; and
170	170	(2) applies only if there is a motion to extend the
171	171	term of a temporary guardian.
172	172	(c) The commission may make the training required under this
173	173	section available to court investigators and guardians ad litem. A
174	174	court investigator or guardian ad litem is not required to receive
175	175	training unless required to do so by a court.
176	176	Sec. 155.205. DUTY TO OBTAIN CRIMINAL HISTORY RECORD
177	177	INFORMATION. (a) In accordance with the rules adopted by the
178	178	supreme court under Section 155.203, the commission shall obtain
179	179	criminal history record information that is maintained by the
180	180	Department of Public Safety or the Federal Bureau of Investigation
181	181	identification division relating to an individual seeking
182	182	appointment as a guardian or temporary guardian.
183	183	(b) The commission shall obtain:
184	184	(1) fingerprint-based criminal history record
185	185	information of an applicant if the liquid assets of the estate of a
186	186	ward exceed $50,000; or
187	187	(2) name-based criminal history record information of
188	188	an applicant if the liquid assets of the estate of a ward are
189	189	$50,000 or less.
190	190	Sec. 155.206. INFORMATION FOR EXCLUSIVE USE OF COMMISSION
191	191	AND COURT. (a) Criminal history record information obtained under
192	192	this subchapter is privileged and confidential and is for the
193	193	exclusive use of the commission and the court with jurisdiction
194	194	over the guardianship. The criminal history record information may
195	195	not be released or otherwise disclosed to any person or agency
196	196	except on court order or consent of the individual being
197	197	investigated.
198	198	(b) The commission may destroy the criminal history record
199	199	information after the information is used for the purposes
200	200	authorized by this subchapter.
201	201	Sec. 155.207. USE OF CRIMINAL HISTORY RECORD INFORMATION.
202	202	(a) The commission shall use the criminal history record
203	203	information obtained under this subchapter only for a purpose
204	204	authorized by this subchapter or to maintain the registration of a
205	205	guardianship under Subchapter D.
206	206	(b) A court may use the criminal history record information
207	207	obtained under this subchapter only in the same manner and only to
208	208	the same extent a court is authorized to use the information under
209	209	Section 1104.409, Estates Code.
210	210	Sec. 155.208. CLARIFICATION OF AUTHORITY GRANTED. (a)
211	211	This subchapter does not grant to the commission the authority to:
212	212	(1) establish additional qualifications or a code of
213	213	ethics for individuals subject to training or a background check
214	214	under this subchapter, require those individuals to pass
215	215	examinations or take continuing education courses, or otherwise
216	216	regulate those individuals; or
217	217	(2) interfere with a court's authority to ensure a
218	218	guardian is performing all of the duties required of the guardian
219	219	respecting a ward.
220	220	(b) Individuals subject to training or a background check
221	221	under this subchapter are not subject to enforcement action under
222	222	Chapter 153.
223	223	Sec. 155.209. FEE FOR OBTAINING CRIMINAL HISTORY RECORD
224	224	INFORMATION. (a) Except as provided by Subsection (b), the
225	225	commission may charge a fee to obtain criminal history record
226	226	information under this subchapter, in an amount approved by the
227	227	supreme court.
228	228	(b) The supreme court may adopt rules excluding individuals
229	229	who are indigent from having to pay the fee authorized by this
230	230	section.
231	231	(c) A guardian is entitled to reimbursement from the
232	232	guardianship estate as provided by Subchapter C, Chapter 1155,
233	233	Estates Code, for the fee authorized by this section.
234	234	SECTION 12. Section 411.1386(a-6), Government Code, is
235	235	amended to read as follows:
236	236	(a-6) The clerk described by Subsection (a) is not required
237	237	to obtain criminal history record information for a person [who
238	238	holds a certificate issued under Section 155.102 or a provisional
239	239	certificate issued under Section 155.103] if the [guardianship
240	240	certification program of the] Judicial Branch Certification
241	241	Commission conducted a criminal history check on the person under
242	242	Chapter 155 [before issuing or renewing the certificate]. The
243	243	commission shall provide to the clerk at the court's request the
244	244	criminal history record information that was obtained from the
245	245	department or the Federal Bureau of Investigation.
246	246	SECTION 13. Subchapter A, Chapter 573, Health and Safety
247	247	Code, is amended by adding Section 573.0021 to read as follows:
248	248	Sec. 573.0021. DUTY OF PEACE OFFICER TO NOTIFY PROBATE
249	249	COURTS. As soon as practicable, but not later than the first
250	250	working day after the date a peace officer takes a person who is a
251	251	ward into custody, the peace officer shall notify the court having
252	252	jurisdiction over the ward's guardianship of the ward's detention
253	253	or transportation to a facility in accordance with Section 573.001.
254	254	SECTION 14. (a) Not later than June 1, 2018, the Office of
255	255	Court Administration of the Texas Judicial System shall establish
256	256	the guardianship database required under Section 155.152,
257	257	Government Code, as added by this Act, and provide access to the
258	258	database to the Department of Public Safety in accordance with
259	259	Section 155.153, Government Code, as added by this Act.
260	260	(b) A law enforcement officer or other person with custody
261	261	of a ward is not required to comply with Articles 14.055 and 15.171,
262	262	Code of Criminal Procedure, Section 52.011, Family Code, or
263	263	Section 573.0021, Health and Safety Code, as added by this Act, as
264	264	applicable, until July 1, 2018.
265	265	SECTION 15. (a) As soon as practicable after the effective
266	266	date of this Act, the Supreme Court of Texas, after consulting with
267	267	the Judicial Branch Certification Commission, shall adopt rules
268	268	necessary to implement Subchapter E, Chapter 155, Government Code,
269	269	as added by this Act.
270	270	(b) A proposed guardian is not required to comply with
271	271	Section 155.204, Government Code, as added by this Act, until June
272	272	1, 2018.
273	273	SECTION 16. This Act takes effect September 1, 2017.