Texas 2017 - 85th Regular

Texas Senate Bill SB667 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zaffirini, et al. S.B. No. 667
2		-	(Smithee)
	1	+	S.B. No. 667
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to establishing a guardianship compliance program.
8	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	7		SECTION 1. Chapter 72, Government Code, is amended by
10	8		adding Subchapter G to read as follows:
11	9		SUBCHAPTER G. GUARDIANSHIP COMPLIANCE PROGRAM
12	10		Sec. 72.121. DEFINITIONS. In this subchapter:
13	11		(1) "Guardianship proceeding" has the meaning
14	12		assigned by Section 1002.015, Estates Code.
15	13		(2) "Program" means the guardianship compliance
16	14		program established by this subchapter.
17	15		Sec. 72.122. ESTABLISHMENT OF PROGRAM. (a) The office
18	16		shall establish and maintain a guardianship compliance program
19	17		designed to provide additional resources and assistance to courts
20	18		that have jurisdiction over guardianship proceedings by:
21	19		(1) engaging guardianship compliance specialists who
22	20		shall:
23	21		(A) review the guardianships of wards and
24	22		identify reporting deficiencies by guardians;
25	23		(B) audit annual accounts required to be filed by
26	24		guardians under Chapter 1163, Estates Code, or other law and report
27	25		their findings to the appropriate courts;
28	26		(C) work with courts to develop best practices in
29	27		managing guardianship cases; and
30	28		(D) report any concerns relating to a ward's
31	29		well-being or to the potential financial exploitation of a ward
32	30		discovered as a result of the specialists' work under this section
33	31		to the appropriate courts; and
34	32		(2) maintaining an electronic database to monitor
35	33		filings of:
36	34		(A) inventories, appraisements, and lists of
37	35		claims required under Chapter 1154, Estates Code, or Section
38	36		1203.203, Estates Code;
39	37		(B) annual reports required under Section
40	38		1163.101, Estates Code; and
41	39		(C) any other reports and accounts required of
42	40		guardians under Chapter 1163, Estates Code, or other law.
43	41		(b) A court is required to participate in the program,
44	42		including allowing guardianship compliance specialists to conduct
45	43		reviews and audits under the program, if the court is selected by
46	44		the office to participate in the program.
47	45		(c) A court may apply to the office in the manner and form
48	46		prescribed by the office for participation in the program.
49	47		Sec. 72.123. NOTIFICATION OF STATE COMMISSION ON JUDICIAL
50	48		CONDUCT. The director may notify the State Commission on Judicial
51	49		Conduct in writing if the office has reason to believe that a
52	50		judge's actions or failure to act with respect to a report received
53	51		from a guardianship compliance specialist indicating a concern
54	52		described by Section 72.122(a)(1)(D) constitutes judicial
55	53		misconduct.
56	54		Sec. 72.124. ANNUAL REPORT. Not later than January 1 of
57	55		each year, the office shall submit a report to the legislature
58	56		regarding the performance of the program. The report must include:
59	57		(1) the number of courts involved in the program;
60	58		(2) the number of guardianships reviewed by
61	59		guardianship compliance specialists;
62	60		(3) the number of reviewed guardianship cases found to
63	61		be out of compliance with statutory reporting requirements;
64	62		(4) the number of cases reported to a court because of
65	63		concerns relating to a ward's well-being or to the potential
66	64		financial exploitation of a ward; and
67	65		(5) the status of any technology developed to monitor
68	66		guardianship cases for purposes of the program.
69	67		SECTION 2. This Act takes effect September 1, 2017.
	68	+	______________________________ ______________________________
	69	+	President of the Senate Speaker of the House
	70	+	I hereby certify that S.B. No. 667 passed the Senate on
	71	+	April 3, 2017, by the following vote: Yeas 30, Nays 1.
	72	+	______________________________
	73	+	Secretary of the Senate
	74	+	I hereby certify that S.B. No. 667 passed the House on
	75	+	May 17, 2017, by the following vote: Yeas 129, Nays 13, two
	76	+	present not voting.
	77	+	______________________________
	78	+	Chief Clerk of the House
	79	+	Approved:
	80	+	______________________________
	81	+	Date
	82	+	______________________________
	83	+	Governor