Texas 2019 - 86th Regular

Texas House Bill HB1286 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R1815 KFF-D
2		-	By: Smithee~~, Guillen~~ H.B. No. 1286
	2	+	By: Smithee H.B. No. 1286
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to establishing a guardianship abuse, fraud, and
8	8		exploitation deterrence program.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Chapter 72, Government Code, is amended by
11	11		adding Subchapter G to read as follows:
12	12		SUBCHAPTER G. GUARDIANSHIP ABUSE, FRAUD, AND EXPLOITATION
13	13		DETERRENCE PROGRAM
14	14		Sec. 72.121. DEFINITIONS. In this subchapter:
15	15		(1) "Guardianship proceeding" has the meaning
16	16		assigned by Section 1002.015, Estates Code.
17	17		(2) "Program" means the guardianship abuse, fraud, and
18	18		exploitation deterrence program established by this subchapter.
19	19		Sec. 72.122. ESTABLISHMENT OF PROGRAM. (a) The office
20	20		shall establish and maintain a guardianship abuse, fraud, and
21	21		exploitation deterrence program designed to provide additional
22	22		resources and assistance to courts that have jurisdiction over
23	23		guardianship proceedings by:
24	24		(1) engaging guardianship compliance specialists who
25	25		shall:
26	26		(A) review the guardianships of wards and
27	27		identify reporting deficiencies by guardians;
28	28		(B) audit annual accounts required to be filed by
29	29		guardians under Chapter 1163, Estates Code, or other law and report
30	30		their findings to the appropriate courts;
31	31		(C) work with courts to develop best practices in
32	32		managing guardianship cases; and
33	33		(D) report to the appropriate courts any concerns
34	34		of potential abuse, fraud, or exploitation, including financial
35	35		exploitation, committed against a ward and discovered as a result
36	36		of the specialists' work under this section; and
37	37		(2) maintaining an electronic database to monitor
38	38		filings of:
39	39		(A) inventories, appraisements, and lists of
40	40		claims required under Chapter 1154, Estates Code, or Section
41	41		1203.203, Estates Code;
42	42		(B) annual reports required under Section
43	43		1163.101, Estates Code; and
44	44		(C) any other reports and accounts required of
45	45		guardians under Chapter 1163, Estates Code, or other law.
46	46		(b) A court is required to participate in the program,
47	47		including allowing guardianship compliance specialists to conduct
48	48		reviews and audits under the program, if the court is selected by
49	49		the office to participate in the program.
50	50		(c) A court may apply to the office in the manner and form
51	51		prescribed by the office for participation in the program.
52	52		Sec. 72.123. NOTIFICATION OF STATE COMMISSION ON JUDICIAL
53	53		CONDUCT. The director may notify the State Commission on Judicial
54	54		Conduct in writing if the office has reason to believe that a
55	55		judge's actions or failure to act with respect to a report received
56	56		from a guardianship compliance specialist indicating a concern
57	57		described by Section 72.122(a)(1)(D) constitutes judicial
58	58		misconduct.
59	59		Sec. 72.124. ANNUAL REPORT. Not later than January 1 of
60	60		each year, the office shall submit a report to the legislature
61	61		regarding the performance of the program. The report must include:
62	62		(1) the number of courts involved in the program;
63	63		(2) the number of guardianships reviewed by
64	64		guardianship compliance specialists;
65	65		(3) the number of reviewed guardianship cases found to
66	66		be out of compliance with statutory reporting requirements;
67	67		(4) the number of cases reported to a court concerning
68	68		potential abuse, fraud, or exploitation, including financial
69	69		exploitation, committed against a ward; and
70	70		(5) the status of any technology developed to monitor
71	71		guardianship cases for purposes of the program.
72	72		SECTION 2. This Act takes effect September 1, 2019.