By: Zaffirini, et al. S.B. No. 31
A BILL TO BE ENTITLED
AN ACT
relating to establishing a guardianship abuse, fraud, and
exploitation deterrence program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 72, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. GUARDIANSHIP ABUSE, FRAUD, AND EXPLOITATION
DETERRENCE PROGRAM
Sec. 72.121. DEFINITIONS. In this subchapter:
(1) "Guardianship proceeding" has the meaning
assigned by Section 1002.015, Estates Code.
(2) "Program" means the guardianship abuse, fraud, and
exploitation deterrence program established by this subchapter.
Sec. 72.122. ESTABLISHMENT OF PROGRAM. (a) The office
shall establish and maintain a guardianship abuse, fraud, and
exploitation deterrence program designed to provide additional
resources and assistance to courts that have jurisdiction over
guardianship proceedings by:
(1) engaging guardianship compliance specialists who
shall:
(A) review the guardianships of wards and
identify reporting deficiencies by guardians;
(B) audit annual accounts required to be filed by
guardians under Chapter 1163, Estates Code, or other law and report
their findings to the appropriate courts;
(C) work with courts to develop best practices in
managing guardianship cases; and
(D) report to the appropriate courts any concerns
of potential abuse, fraud, or exploitation, including financial
exploitation, committed against a ward and discovered as a result
of the specialists' work under this section; and
(2) maintaining an electronic database to monitor
filings of:
(A) inventories, appraisements, and lists of
claims required under Chapter 1154, Estates Code, or Section
1203.203, Estates Code;
(B) annual reports required under Section
1163.101, Estates Code; and
(C) any other reports and accounts required of
guardians under Chapter 1163, Estates Code, or other law.
(b) A court is required to participate in the program,
including allowing guardianship compliance specialists to conduct
reviews and audits under the program, if the court is selected by
the office to participate in the program.
(c) A court may apply to the office in the manner and form
prescribed by the office for participation in the program.
Sec. 72.123. NOTIFICATION OF STATE COMMISSION ON JUDICIAL
CONDUCT. The director may notify the State Commission on Judicial
Conduct in writing if the office has reason to believe that a
judge's actions or failure to act with respect to a report received
from a guardianship compliance specialist indicating a concern
described by Section 72.122(a)(1)(D) constitutes judicial
misconduct.
Sec. 72.124. ANNUAL REPORT. Not later than January 1 of
each year, the office shall submit a report to the legislature
regarding the performance of the program. The report must include:
(1) the number of courts involved in the program;
(2) the number of guardianships reviewed by
guardianship compliance specialists;
(3) the number of reviewed guardianship cases found to
be out of compliance with statutory reporting requirements;
(4) the number of cases reported to a court concerning
potential abuse, fraud, or exploitation, including financial
exploitation, committed against a ward; and
(5) the status of any technology developed to monitor
guardianship cases for purposes of the program.
SECTION 2. This Act takes effect September 1, 2019.