By: Zaffirini S.B. No. 36
(In the Senate - Filed November 14, 2016; January 24, 2017,
read first time and referred to Committee on State Affairs;
March 6, 2017, reported favorably by the following vote: Yeas 9,
Nays 0; March 6, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain guardianship programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 1104, Estates Code, is
amended by adding Section 1104.359 to read as follows:
Sec. 1104.359. EFFECT OF LACK OF REQUIRED REGISTRATION.
(a) A guardianship program may not be appointed guardian:
(1) if the program is not registered as required under
Subchapter D, Chapter 155, Government Code;
(2) if a registration certificate issued to the
program under Subchapter D, Chapter 155, Government Code, is
expired or has been revoked and not been reissued; or
(3) during the time a registration certificate issued
to the program under Subchapter D, Chapter 155, Government Code, is
suspended.
(b) This section does not prevent the appointment, on the
individual's own behalf, of an individual who is employed by or
contracts with a guardianship program to provide guardianship and
related services independently of the program.
SECTION 2. Section 155.101(a), Government Code, is amended
to read as follows:
(a) The commission shall adopt minimum standards for:
(1) the provision of guardianship services or other
similar but less restrictive types of assistance or services by:
(A) individuals employed by or contracting with
guardianship programs to provide the assistance or services on
behalf of the programs; and
(B) private professional guardians; and
(2) the provision of guardianship services by the
Department of Aging and Disability Services.
SECTION 3. Subchapter C, Chapter 155, Government Code, is
amended by adding Section 155.106 to read as follows:
Sec. 155.106. PROHIBITED EMPLOYMENT. A guardianship
program may not employ an individual to provide guardianship and
related services on the program's behalf:
(1) if a certificate issued to the individual under
this subchapter is expired or has been revoked and not been
reissued; or
(2) during the time a certificate issued to the
individual under this subchapter is suspended.
SECTION 4. Chapter 155, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. REGULATION OF GUARDIANSHIP PROGRAMS
Sec. 155.151. APPLICATION OF SUBCHAPTER. This subchapter
does not apply to guardianship and related services provided by a
guardianship program under a contract with the Health and Human
Services Commission.
Sec. 155.152. STANDARDS FOR OPERATION OF GUARDIANSHIP
PROGRAMS. (a) The commission, in consultation with the Health and
Human Services Commission and other interested parties, shall adopt
minimum standards for the operation of guardianship programs.
(b) The commission shall design the standards to monitor and
ensure the quality of guardianship and related services provided by
guardianship programs.
(c) Standards adopted under this section must be designed to
ensure continued compliance by a guardianship program with this
chapter and other applicable state law.
Sec. 155.153. REGISTRATION REQUIRED FOR GUARDIANSHIP
PROGRAMS. (a) A guardianship program may not provide guardianship
and related services to an incapacitated person or other person
described by Section 155.001(4) unless the program is registered
with and holds a certificate of registration issued by the
commission under this subchapter.
(b) The supreme court shall adopt rules and procedures for
issuing, renewing, suspending, or revoking a registration
certificate under this section. Rules adopted by the supreme court
under this section must:
(1) ensure compliance with the standards adopted under
Section 155.152;
(2) provide that the commission establish
qualifications for obtaining and maintaining a registration
certificate;
(3) provide that a registration certificate expires on
the second anniversary of the date the certificate is issued;
(4) prescribe procedures for accepting complaints and
conducting investigations of alleged violations by guardianship
programs of the standards adopted under Section 155.152 or other
violations of this chapter or other applicable state law; and
(5) prescribe procedures by which the commission,
after notice and hearing, may suspend or revoke the registration
certificate of a guardianship program that does not substantially
comply with the standards adopted under Section 155.152 or other
provisions of this chapter or other applicable state law.
Sec. 155.154. REGISTRATION DATABASE. (a) The commission
shall make available on the commission's Internet website a
publicly accessible list of all registered guardianship programs.
The list must contain the following for each guardianship program:
(1) the information provided under Section
155.105(a); and
(2) whether the guardianship program holds in good
standing a registration certificate under this subchapter.
(b) The commission shall update the list described by
Subsection (a) at least quarterly.
SECTION 5. (a) As soon as practicable after the effective
date of this Act, the Judicial Branch Certification Commission and
the Supreme Court of Texas shall adopt the standards and rules,
respectively, necessary to implement Subchapter D, Chapter 155,
Government Code, as added by this Act.
(b) A guardianship program is not required to hold a
registration certificate issued under Section 155.153, Government
Code, as added by this Act, until September 1, 2018.
SECTION 6. This Act takes effect September 1, 2017.
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