Texas 2017 - 85th Regular

Texas Senate Bill SB1325 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Zaffirini S.B. No. 1325
2		-	(In the Senate - Filed March 6, 2017; March 14, 2017, read
3		-	first time and referred to Committee on State Affairs;
4		-	April 3, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 3, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1325 By: Zaffirini
	2	+	(Thompson of Harris)
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to authorizing counties to establish public guardians to
14	8		serve as guardians for certain incapacitated persons.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Chapter 1002, Estates Code, is amended by adding
17	11		Sections 1002.0215 and 1002.0265 to read as follows:
18	12		Sec. 1002.0215. OFFICE OF PUBLIC GUARDIAN. "Office of
19	13		public guardian" means an office of public guardian established by
20	14		the commissioners court of a county under Subchapter G-1, Chapter
21	15		1104.
22	16		Sec. 1002.0265. PUBLIC GUARDIAN. "Public guardian" means a
23	17		person:
24	18		(1) appointed to administer an office of public
25	19		guardian by the commissioners court of a county under Subchapter
26	20		G-1, Chapter 1104; or
27	21		(2) with which one or more counties enter into an
28	22		agreement under Section 1104.327(a)(2) or (d).
29	23		SECTION 2. Section 1104.251(a), Estates Code, is amended to
30	24		read as follows:
31	25		(a) An individual must be certified under Subchapter C,
32	26		Chapter 155, Government Code, if the individual:
33	27		(1) is a private professional guardian;
34	28		(2) will represent the interests of a ward as a
35	29		guardian on behalf of a private professional guardian;
36	30		(3) is providing guardianship services to a ward of a
37	31		guardianship program on the program's behalf, except as provided by
38	32		Section 1104.254; [or]
39	33		(4) is an employee of the Health and Human Services
40	34		Commission [Department of Aging and Disability Services] providing
41	35		guardianship services to a ward of the commission;
42	36		(5) is a public guardian; or
43	37		(6) will represent the interests of a ward as a
44	38		guardian on behalf of a public guardian [department].
45	39		SECTION 3. Chapter 1104, Estates Code, is amended by adding
46	40		Subchapter G-1 to read as follows:
47	41		SUBCHAPTER G-1. PUBLIC GUARDIANS
48	42		Sec. 1104.326. DEFINITION. In this subchapter, unless the
49	43		context otherwise requires, "office" means an office of public
50	44		guardian established under this subchapter.
51	45		Sec. 1104.327. ESTABLISHMENT OF OFFICES; PUBLIC GUARDIANS.
52	46		(a) The commissioners court of a county by order may:
53	47		(1) create an office of public guardian to provide
54	48		guardianship services to incapacitated persons described by
55	49		Section 1104.334; or
56	50		(2) enter into an agreement with a person operating a
57	51		nonprofit guardianship program or private professional
58	52		guardianship program located in the county or in an adjacent county
59	53		to act as a public guardian by providing guardianship services to
60	54		incapacitated persons described by Section 1104.334.
61	55		(b) Subject to Subsection (c) and Section 1104.328, the
62	56		commissioners court of a county shall appoint an individual as
63	57		public guardian to administer the office of public guardian
64	58		established under Subsection (a)(1) and may employ or authorize the
65	59		public guardian to employ personnel necessary to perform the duties
66	60		of the office, including personnel who will represent the interests
67	61		of a ward as a guardian on behalf of the office if approved by the
68	62		commissioners court.
69	63		(c) The commissioners court of a county may appoint an
70	64		individual as public guardian under Subsection (b) on a part-time
71	65		basis with appropriate compensation if:
72	66		(1) the commissioners court determines a full-time
73	67		appointment does not serve the needs of the county; and
74	68		(2) the individual who is appointed on a part-time
75	69		basis is not employed in or does not hold another position that
76	70		presents a conflict of interest.
77	71		(d) The commissioners courts of two or more counties may
78	72		collectively enter into an agreement:
79	73		(1) to create and fund an office of public guardian for
80	74		purposes of Subsection (a)(1) and to appoint the same individual as
81	75		public guardian to that office under Subsection (b); or
82	76		(2) with a person operating a guardianship program
83	77		described by Subsection (a)(2) to serve as a public guardian for
84	78		purposes of that subdivision.
85	79		(e) An individual appointed as public guardian under
86	80		Subsection (b) serves a term of five years.
87	81		Sec. 1104.328. QUALIFICATIONS OF PUBLIC GUARDIAN. To be
88	82		appointed as public guardian under Section 1104.327(b), an
89	83		individual must:
90	84		(1) be a licensed attorney or be certified under
91	85		Subchapter C, Chapter 155, Government Code; and
92	86		(2) have demonstrable guardianship experience.
93	87		Sec. 1104.329. CONFLICT OF INTEREST. (a) Except as
94	88		provided by Subsection (b), an office or public guardian must be
95	89		independent from providers of services to wards and proposed wards
96	90		and may not directly provide housing, medical, legal, or other
97	91		direct, non-surrogate decision-making services to a ward or
98	92		proposed ward, unless approved by the court.
99	93		(b) An office or public guardian may provide money
100	94		management services described by Section 531.125, Government Code,
101	95		or other representative payee services to a ward or proposed ward.
102	96		Sec. 1104.330. COMPENSATION. A person appointed or acting
103	97		as public guardian under Section 1104.327 shall receive
104	98		compensation as set by the commissioners court and is not entitled
105	99		to compensation under Subchapter A, Chapter 1155, unless approved
106	100		by the court.
107	101		Sec. 1104.331. BOND REQUIREMENT. (a) A public guardian
108	102		shall file with the court clerk a general bond in an amount fixed by
109	103		the commissioners court payable to the county and issued by a surety
110	104		company approved by the county judge. The bond must be conditioned
111	105		on the faithful performance by the person of the person's duties
112	106		and, if the public guardian administers an office, the office's
113	107		duties.
114	108		(b) The bond required by this section satisfies any bond
115	109		required under Chapter 1105.
116	110		Sec. 1104.332. VACANCY. If an individual appointed as
117	111		public guardian under Section 1104.327(b) vacates the position, the
118	112		commissioners court shall appoint, subject to Section 1104.328, an
119	113		individual to serve as public guardian for the unexpired term.
120	114		Sec. 1104.333. POWERS AND DUTIES. (a) An office or public
121	115		guardian shall:
122	116		(1) if applicable, evaluate the financial status of a
123	117		proposed ward to determine whether the proposed ward is eligible to
124	118		have the office or public guardian appointed guardian of the ward
125	119		under Section 1104.334(a)(2)(A); and
126	120		(2) serve as guardian of the person or of the estate of
127	121		a ward, or both, on appointment by a court in accordance with the
128	122		requirements of this title.
129	123		(b) In connection with a financial evaluation under
130	124		Subsection (a)(1) and on the request of an office or public
131	125		guardian, a court with jurisdiction over the guardianship
132	126		proceeding may order the release of public and private records,
133	127		including otherwise confidential records, to the office or public
134	128		guardian.
135	129		(c) Notwithstanding Section 552.261, Government Code, a
136	130		state agency may not charge an office or public guardian for
137	131		providing the office or public guardian with a copy of public
138	132		information requested from the agency by the office or public
139	133		guardian.
140	134		Sec. 1104.334. APPOINTMENT OF OFFICE OR PUBLIC GUARDIAN AS
141	135		GUARDIAN. (a) In accordance with applicable law, including
142	136		Subchapter C, Chapter 1101, a court may appoint an office or public
143	137		guardian to serve as guardian of the person or of the estate of a
144	138		ward, or both, if:
145	139		(1) on the date the guardianship application is filed,
146	140		the ward resides in or is located in the county served by the office
147	141		or public guardian; and
148	142		(2) the court finds that:
149	143		(A) the ward does not have sufficient assets or
150	144		other resources to pay a private professional guardian to serve as
151	145		the ward's guardian;
152	146		(B) the ward does not have a family member,
153	147		friend, or other suitable person or entity willing and able to serve
154	148		as the ward's guardian; or
155	149		(C) the appointment of an office or public
156	150		guardian is in the ward's best interest.
157	151		(b) For purposes of Subsection (a)(2)(A), the determination
158	152		of a ward's ability to pay a private professional guardian is
159	153		dependent on:
160	154		(1) the nature, extent, and liquidity of the ward's
161	155		assets;
162	156		(2) the ward's disposable net income, including income
163	157		of a recipient of medical assistance that is used to pay expenses
164	158		under Section 1155.202(a);
165	159		(3) the nature of the guardianship;
166	160		(4) the type, duration, and complexity of services
167	161		required by the ward; and
168	162		(5) additional, foreseeable expenses.
169	163		(c) The number of appointments of an office under this
170	164		section may not exceed 35 wards for each guardian representing the
171	165		interests of wards on behalf of the office.
172	166		(d) If each guardian representing the interests of wards on
173	167		behalf of an office reaches the limitation provided by Subsection
174	168		(c), the office shall immediately give notice to the courts.
175	169		Sec. 1104.335. CONFIDENTIALITY AND DISCLOSURE OF
176	170		INFORMATION. (a) All files, reports, records, communications, or
177	171		working papers used or developed by an office or public guardian in
178	172		the performance of duties relating to a financial evaluation under
179	173		Section 1104.333(a)(1) or the provision of guardianship services
180	174		are confidential and not subject to disclosure under Chapter 552,
181	175		Government Code.
182	176		(b) Confidential information may be disclosed only for a
183	177		purpose consistent with this subchapter, as required by other state
184	178		or federal law, or as necessary to enable an office or public
185	179		guardian to exercise the powers and duties as guardian of the person
186	180		or of the estate of a ward, or both.
187	181		(c) A court on its own motion or on the motion of an
188	182		interested person may order disclosure of confidential information
189	183		only if:
190	184		(1) a hearing on the motion is conducted;
191	185		(2) notice of the hearing is served on the office or
192	186		public guardian and each interested person; and
193	187		(3) the court determines after the hearing and an in
194	188		camera review of the information that disclosure is essential to
195	189		the administration of justice and will not endanger the life or
196	190		safety of any individual who:
197	191		(A) is being assessed for guardianship services;
198	192		(B) is a ward of the office or public guardian; or
199	193		(C) provides services to a ward of the office or
200	194		public guardian.
201	195		(d) The Office of Court Administration of the Texas Judicial
202	196		System shall establish policies and procedures for the exchange of
203	197		information between offices, public guardians, and other
204	198		appropriate governmental entities, as necessary for offices,
205	199		public guardians, and governmental entities to properly execute
206	200		their respective duties and responsibilities relating to
207	201		guardianship services or other needed services for a ward. An
208	202		exchange of information under this subsection does not constitute a
209	203		release for purposes of waiving the confidentiality of the
210	204		information exchanged.
211	205		(e) To the extent consistent with policies and procedures
212	206		adopted by an office or public guardian, the office or public
213	207		guardian on request may release confidential information in the
214	208		record of an individual who is a former ward of the office or public
215	209		guardian to:
216	210		(1) the individual;
217	211		(2) the individual's guardian; or
218	212		(3) an executor or administrator of the individual's
219	213		estate.
220	214		(f) Before releasing confidential information under
221	215		Subsection (e), an office or public guardian shall edit the
222	216		information to protect the identity of any individual whose life or
223	217		safety may be endangered by the release. A release of information
224	218		under Subsection (e) does not constitute a release for purposes of
225	219		waiving the confidentiality of the information released.
226	220		Sec. 1104.336. CERTAIN ADMINISTRATIVE COSTS. (a) If an
227	221		office or public guardian is appointed guardian of the person or of
228	222		the estate of a ward, or both, the administrative costs of the
229	223		guardianship services provided to the ward may not be charged to the
230	224		ward's estate unless the court determines, subject to Subsection
231	225		(b), that the ward is financially able to pay all or part of the
232	226		costs.
233	227		(b) A court shall measure a ward's ability to pay for costs
234	228		under Subsection (a) by whether the ward has sufficient assets or
235	229		other resources to pay a private professional guardian to serve as
236	230		the ward's guardian in accordance with Section 1104.334(b).
237	231		Sec. 1104.337. OFFICE OF COURT ADMINISTRATION OF THE TEXAS
238	232		JUDICIAL SYSTEM; REPORT. (a) Not later than December 1 of each
239	233		even-numbered year, the Office of Court Administration of the Texas
240	234		Judicial System shall submit a report to the governor and the
241	235		legislature that contains an evaluation of public guardians
242	236		established under this subchapter, including the establishment and
243	237		operation of offices of public guardians under this subchapter and
244	238		the provision of guardianship services by the offices. The report
245	239		must include:
246	240		(1) an analysis of costs and offsetting savings or
247	241		other benefits to the state as a result of the establishment and
248	242		operation of offices and public guardians under this subchapter;
249	243		and
250	244		(2) recommendations for legislation, if any.
251	245		(b) If it is cost-effective and feasible, the Office of
252	246		Court Administration of the Texas Judicial System may contract with
253	247		an appropriate research or public policy entity with expertise in
254	248		gerontology, disabilities, and public administration to conduct
255	249		the analysis described by Subsection (a)(1).
256	250		Sec. 1104.338. RULES. The supreme court, in consultation
257	251		with the Office of Court Administration of the Texas Judicial
258	252		System and the presiding judge of the statutory probate courts
259	253		elected under Section 25.0022, Government Code, shall adopt rules
260	254		necessary to implement this subchapter.
261	255		SECTION 4. Section 1104.402(a), Estates Code, is amended to
262	256		read as follows:
263	257		(a) Except as provided by Section 1104.403, 1104.404, or
264	258		1104.406(a), the clerk of the county having venue of the proceeding
265	259		for the appointment of a guardian shall obtain criminal history
266	260		record information that is maintained by the Department of Public
267	261		Safety or the Federal Bureau of Investigation identification
268	262		division relating to:
269	263		(1) a private professional guardian;
270	264		(2) each person who represents or plans to represent
271	265		the interests of a ward as a guardian on behalf of the private
272	266		professional guardian;
273	267		(3) each person employed by a private professional
274	268		guardian who will:
275	269		(A) have personal contact with a ward or proposed
276	270		ward;
277	271		(B) exercise control over and manage a ward's
278	272		estate; or
279	273		(C) perform any duties with respect to the
280	274		management of a ward's estate;
281	275		(4) each person employed by or volunteering or
282	276		contracting with a guardianship program to provide guardianship
283	277		services to a ward of the program on the program's behalf; [or]
284	278		(5) a public guardian appointed under Section
285	279		1104.327(b);
286	280		(6) each person who represents or plans to represent
287	281		the interests of a ward as a guardian on behalf of an office of
288	282		public guardian;
289	283		(7) each person employed by an office of public
290	284		guardian who will:
291	285		(A) have personal contact with a ward or proposed
292	286		ward;
293	287		(B) exercise control over and manage a ward's
294	288		estate; or
295	289		(C) perform any duties with respect to the
296	290		management of a ward's estate; or
297	291		(8) any other person proposed to serve as a guardian
298	292		under this title, including a proposed temporary guardian and a
299	293		proposed successor guardian, other than an attorney.
300	294		SECTION 5. Section 1104.409, Estates Code, is amended to
301	295		read as follows:
302	296		Sec. 1104.409. USE OF INFORMATION BY COURT. The court shall
303	297		use the information obtained under this subchapter only in
304	298		determining whether to:
305	299		(1) appoint, remove, or continue the appointment of a
306	300		private professional guardian, a guardianship program, an office of
307	301		public guardian, or the Health and Human Services Commission
308	302		[department]; or
309	303		(2) appoint any other person proposed to serve as a
310	304		guardian under this title, including a proposed temporary guardian
311	305		and a proposed successor guardian, other than an attorney.
312	306		SECTION 6. Section 1155.151(a-2), Estates Code, is amended
313	307		to read as follows:
314	308		(a-2) Notwithstanding any other law requiring the payment
315	309		of court costs in a guardianship proceeding, the following are not
316	310		required to pay court costs on the filing of or during a
317	311		guardianship proceeding:
318	312		(1) an attorney ad litem;
319	313		(2) a guardian ad litem;
320	314		(3) a person or entity who files an affidavit of
321	315		inability to pay the costs under Rule 145, Texas Rules of Civil
322	316		Procedure, that shows the person or entity is unable to afford the
323	317		costs;
324	318		(4) a nonprofit guardianship program;
325	319		(5) a governmental entity, including an office of
326	320		public guardian; and
327	321		(6) a government agency or nonprofit agency providing
328	322		guardianship services.
329	323		SECTION 7. Section 1163.005(a), Estates Code, is amended to
330	324		read as follows:
331	325		(a) The guardian of the estate shall attach to an account
332	326		the guardian's affidavit stating:
333	327		(1) that the account contains a correct and complete
334	328		statement of the matters to which the account relates;
335	329		(2) that the guardian has paid the bond premium for the
336	330		next accounting period;
337	331		(3) that the guardian has filed all tax returns of the
338	332		ward due during the accounting period;
339	333		(4) that the guardian has paid all taxes the ward owed
340	334		during the accounting period, the amount of the taxes, the date the
341	335		guardian paid the taxes, and the name of the governmental entity to
342	336		which the guardian paid the taxes; and
343	337		(5) if the guardian is a private professional
344	338		guardian, a guardianship program, an office of public guardian, or
345	339		the Health and Human Services Commission [Department of Aging and
346	340		Disability Services], whether the guardian or an individual
347	341		certified under Subchapter C, Chapter 155 [111], Government Code,
348	342		who is providing guardianship services to the ward and who is
349	343		swearing to the account on the guardian's behalf, is or has been the
350	344		subject of an investigation conducted by the Judicial Branch
351	345		[Guardianship] Certification Commission [Board] during the
352	346		accounting period.
353	347		SECTION 8. Section 1163.101(c), Estates Code, is amended to
354	348		read as follows:
355	349		(c) The guardian of the person shall file a sworn affidavit
356	350		that contains:
357	351		(1) the guardian's current name, address, and
358	352		telephone number;
359	353		(2) the ward's date of birth and current name, address,
360	354		telephone number, and age;
361	355		(3) a description of the type of home in which the ward
362	356		resides, which shall be described as:
363	357		(A) the ward's own home;
364	358		(B) a nursing home;
365	359		(C) a guardian's home;
366	360		(D) a foster home;
367	361		(E) a boarding home;
368	362		(F) a relative's home, in which case the
369	363		description must specify the relative's relationship to the ward;
370	364		(G) a hospital or medical facility; or
371	365		(H) another type of residence;
372	366		(4) statements indicating:
373	367		(A) the length of time the ward has resided in the
374	368		present home;
375	369		(B) the reason for a change in the ward's
376	370		residence, if a change in the ward's residence has occurred in the
377	371		past year;
378	372		(C) the date the guardian most recently saw the
379	373		ward;
380	374		(D) how frequently the guardian has seen the ward
381	375		in the past year;
382	376		(E) whether the guardian has possession or
383	377		control of the ward's estate;
384	378		(F) whether the ward's mental health has
385	379		improved, deteriorated, or remained unchanged during the past year,
386	380		including a description of the change if a change has occurred;
387	381		(G) whether the ward's physical health has
388	382		improved, deteriorated, or remained unchanged during the past year,
389	383		including a description of the change if a change has occurred;
390	384		(H) whether the ward has regular medical care;
391	385		and
392	386		(I) the ward's treatment or evaluation by any of
393	387		the following persons during the past year, including the person's
394	388		name and a description of the treatment:
395	389		(i) a physician;
396	390		(ii) a psychiatrist, psychologist, or other
397	391		mental health care provider;
398	392		(iii) a dentist;
399	393		(iv) a social or other caseworker; or
400	394		(v) any other individual who provided
401	395		treatment;
402	396		(5) a description of the ward's activities during the
403	397		past year, including recreational, educational, social, and
404	398		occupational activities, or a statement that no activities were
405	399		available or that the ward was unable or refused to participate in
406	400		activities;
407	401		(6) the guardian's evaluation of:
408	402		(A) the ward's living arrangements as excellent,
409	403		average, or below average, including an explanation if the
410	404		conditions are below average;
411	405		(B) whether the ward is content or unhappy with
412	406		the ward's living arrangements; and
413	407		(C) unmet needs of the ward;
414	408		(7) a statement indicating whether the guardian's
415	409		power should be increased, decreased, or unaltered, including an
416	410		explanation if a change is recommended;
417	411		(8) a statement indicating that the guardian has paid
418	412		the bond premium for the next reporting period;
419	413		(9) if the guardian is a private professional
420	414		guardian, a guardianship program, an office of public guardian, or
421	415		the Health and Human Services Commission [Department of Aging and
422	416		Disability Services], whether the guardian or an individual
423	417		certified under Subchapter C, Chapter 155, Government Code, who is
424	418		providing guardianship services to the ward and who is filing the
425	419		affidavit on the guardian's behalf, is or has been the subject of an
426	420		investigation conducted by the Judicial Branch [Guardianship]
427	421		Certification Commission [Board] during the preceding year; and
428	422		(10) any additional information the guardian desires
429	423		to share with the court regarding the ward, including:
430	424		(A) whether the guardian has filed for emergency
431	425		detention of the ward under Subchapter A, Chapter 573, Health and
432	426		Safety Code; and
433	427		(B) if applicable, the number of times the
434	428		guardian has filed for emergency detention and the dates of the
435	429		applications for emergency detention.
436	430		SECTION 9. Section 155.001, Government Code, is amended by
437	431		amending Subdivisions (4) and (6) and adding Subdivisions (5-a) and
438	432		(6-a) to read as follows:
439	433		(4) "Guardianship program" means a local, county, or
440	434		regional program, other than an office of public guardian, that
441	435		provides guardianship and related services to an incapacitated
442	436		person or other person who needs assistance in making decisions
443	437		concerning the person's own welfare or financial affairs.
444	438		(5-a) "Office of public guardian" has the meaning
445	439		assigned by Section 1002.0215, Estates Code.
446	440		(6) "Private professional guardian" means a person,
447	441		other than an attorney, [or] a corporate fiduciary, or an office of
448	442		public guardian, who is engaged in the business of providing
449	443		guardianship services.
450	444		(6-a) "Public guardian" has the meaning assigned by
451	445		Section 1002.0265, Estates Code.
452	446		SECTION 10. Section 155.101(a), Government Code, is amended
453	447		to read as follows:
454	448		(a) The commission shall adopt minimum standards for:
455	449		(1) the provision of guardianship services or other
456	450		similar but less restrictive types of assistance or services by:
457	451		(A) guardianship programs; and
458	452		(B) private professional guardians; [and]
459	453		(2) the provision of guardianship services by the
460	454		Health and Human Services Commission; and
461	455		(3) the provision of guardianship services by offices
462	456		of public guardians [Department of Aging and Disability Services].
463	457		SECTION 11. Section 155.102(a), Government Code, is amended
464	458		to read as follows:
465	459		(a) To provide guardianship services in this state, the
466	460		following individuals must hold a certificate issued under this
467	461		section:
468	462		(1) an individual who is a private professional
469	463		guardian;
470	464		(2) an individual who will provide those services to a
471	465		ward of a private professional guardian on the guardian's behalf;
472	466		[and]
473	467		(3) an individual, other than a volunteer, who will
474	468		provide those services or other services under Section 161.114,
475	469		Human Resources Code, to a ward of a guardianship program or the
476	470		Health and Human Services Commission [Department of Aging and
477	471		Disability Services] on the program's or commission's
478	472		[department's] behalf;
479	473		(4) an individual who is a public guardian; and
480	474		(5) an individual who will provide those services to a
481	475		ward of an office of public guardian.
482	476		SECTION 12. Section 155.105, Government Code, is amended by
483	477		adding Subsection (b-1) to read as follows:
484	478		(b-1) Not later than January 31 of each year, each office of
485	479		public guardian shall provide to the commission a report containing
486	480		for the preceding year:
487	481		(1) the number of wards served by the office;
488	482		(2) the total amount of any money received from this
489	483		state for the provision of guardianship services; and
490	484		(3) the amount of money received from any other public
491	485		source, including a county or the federal government, for the
492	486		provision of guardianship services, reported by source, and the
493	487		total amount of money received from those public sources.
494	488		SECTION 13. Section 411.1386(a), Government Code, is
495	489		amended to read as follows:
496	490		(a) Except as provided by Subsections (a-1), (a-5), and
497	491		(a-6), the clerk of the county having venue over a proceeding for
498	492		the appointment of a guardian under Title 3, Estates Code, shall
499	493		obtain from the department criminal history record information
500	494		maintained by the department that relates to:
501	495		(1) a private professional guardian;
502	496		(2) each person who represents or plans to represent
503	497		the interests of a ward as a guardian on behalf of the private
504	498		professional guardian;
505	499		(3) each person employed by a private professional
506	500		guardian who will:
507	501		(A) have personal contact with a ward or proposed
508	502		ward;
509	503		(B) exercise control over and manage a ward's
510	504		estate; or
511	505		(C) perform any duties with respect to the
512	506		management of a ward's estate;
513	507		(4) each person employed by or volunteering or
514	508		contracting with a guardianship program to provide guardianship
515	509		services to a ward of the program on the program's behalf; [or]
516	510		(5) a public guardian, as defined by Section
517	511		1002.0265(1), Estates Code;
518	512		(6) each person who represents or plans to represent
519	513		the interests of a ward as a guardian on behalf of an office of
520	514		public guardian;
521	515		(7) each person employed by an office of public
522	516		guardian, as defined by Section 1002.0215, Estates Code, who will:
523	517		(A) have personal contact with a ward or proposed
524	518		ward;
525	519		(B) exercise control over and manage a ward's
526	520		estate; or
527	521		(C) perform any duties with respect to the
528	522		management of a ward's estate; or
529	523		(8) any other person proposed to serve as a guardian
530	524		under Title 3, Estates Code, including a proposed temporary
531	525		guardian and a proposed successor guardian, other than an attorney.
532	526		SECTION 14. Section 161.103, Human Resources Code, is
533	527		amended to read as follows:
534	528		Sec. 161.103. CONTRACT FOR GUARDIANSHIP SERVICES. (a) If
535	529		appropriate, the commission [department] may contract with a
536	530		political subdivision of this state, a guardianship program as
537	531		defined by Section 1002.016, Estates Code, a private agency, or
538	532		another state agency for the provision of guardianship services
539	533		under this section.
540	534		(b) A contract under Subsection (a) may allow for the
541	535		provision of guardianship services by an office of public guardian,
542	536		as defined by Section 1002.0215, Estates Code.
543	537		SECTION 15. Not later than January 1, 2018, the supreme
544	538		court shall adopt rules necessary to implement Subchapter G-1,
545	539		Chapter 1104, Estates Code, as added by this Act, including rules
546	540		governing the transfer of a guardianship of the person or of the
547	541		estate of a ward, or both, if appropriate, to an office of public
548	542		guardian established under that subchapter or a public guardian
549	543		contracted under that subchapter.
550	544		SECTION 16. (a) The changes in law made by this Act apply
551	545		only to the appointment of a guardian of the person or of the estate
552	546		of a ward, or both, made on or after July 1, 2018.
553	547		(b) Notwithstanding any other law, a person who,
554	548		immediately before July 1, 2018, is serving as guardian of the
555	549		person or of the estate of a ward, or both, who, under Section
556	550		1104.334, Estates Code, as added by this Act, would be eligible for
557	551		appointment of an office of public guardian as the ward's guardian,
558	552		may continue to serve as guardian of the person or of the estate of
559	553		the ward, or both, unless otherwise removed as provided by law.
560	554		SECTION 17. This Act takes effect September 1, 2017.
561		-	* * * * *