Texas 2019 - 86th Regular

Texas Senate Bill SB31 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 31
	1	+	By: Zaffirini, et al. S.B. No. 31
	2	+	(Smithee, Guillen)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to establishing a guardianship abuse, fraud, and
6	8		exploitation deterrence program.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Chapter 72, Government Code, is amended by
9	11		adding Subchapter G to read as follows:
10	12		SUBCHAPTER G. GUARDIANSHIP ABUSE, FRAUD, AND EXPLOITATION
11	13		DETERRENCE PROGRAM
12	14		Sec. 72.121. DEFINITIONS. In this subchapter:
13	15		(1) "Guardianship proceeding" has the meaning
14	16		assigned by Section 1002.015, Estates Code.
15	17		(2) "Program" means the guardianship abuse, fraud, and
16	18		exploitation deterrence program established by this subchapter.
17	19		Sec. 72.122. ESTABLISHMENT OF PROGRAM. (a) The office
18	20		shall establish and maintain a guardianship abuse, fraud, and
19	21		exploitation deterrence program designed to provide additional
20	22		resources and assistance to courts that have jurisdiction over
21	23		guardianship proceedings by:
22	24		(1) engaging guardianship compliance specialists who
23	25		shall:
24	26		(A) review the guardianships of wards and
25	27		identify reporting deficiencies by guardians;
26	28		(B) audit annual accounts required to be filed by
27	29		guardians under Chapter 1163, Estates Code, or other law and report
28	30		their findings to the appropriate courts;
29	31		(C) work with courts to develop best practices in
30	32		managing guardianship cases; and
31	33		(D) report to the appropriate courts any concerns
32	34		of potential abuse, fraud, or exploitation, including financial
33	35		exploitation, committed against a ward and discovered as a result
34	36		of the specialists' work under this section; and
35	37		(2) maintaining an electronic database to monitor
36	38		filings of:
37	39		(A) inventories, appraisements, and lists of
38	40		claims required under Chapter 1154, Estates Code, or Section
39	41		1203.203, Estates Code;
40	42		(B) annual reports required under Section
41	43		1163.101, Estates Code; and
42	44		(C) any other reports and accounts required of
43	45		guardians under Chapter 1163, Estates Code, or other law.
44	46		(b) A court is required to participate in the program,
45	47		including allowing guardianship compliance specialists to conduct
46	48		reviews and audits under the program, if the court is selected by
47	49		the office to participate in the program.
48	50		(c) A court may apply to the office in the manner and form
49	51		prescribed by the office for participation in the program.
50	52		Sec. 72.123. NOTIFICATION OF STATE COMMISSION ON JUDICIAL
51	53		CONDUCT. The director may notify the State Commission on Judicial
52	54		Conduct in writing if the office has reason to believe that a
53	55		judge's actions or failure to act with respect to a report received
54	56		from a guardianship compliance specialist indicating a concern
55	57		described by Section 72.122(a)(1)(D) constitutes judicial
56	58		misconduct.
57	59		Sec. 72.124. ANNUAL REPORT. Not later than January 1 of
58	60		each year, the office shall submit a report to the legislature
59	61		regarding the performance of the program. The report must include:
60	62		(1) the number of courts involved in the program;
61	63		(2) the number of guardianships reviewed by
62	64		guardianship compliance specialists;
63	65		(3) the number of reviewed guardianship cases found to
64	66		be out of compliance with statutory reporting requirements;
65	67		(4) the number of cases reported to a court concerning
66	68		potential abuse, fraud, or exploitation, including financial
67	69		exploitation, committed against a ward; and
68	70		(5) the status of any technology developed to monitor
69	71		guardianship cases for purposes of the program.
70	72		SECTION 2. This Act takes effect September 1, 2019.
71		-	______________________________ ______________________________
72		-	President of the Senate Speaker of the House
73		-	I hereby certify that S.B. No. 31 passed the Senate on
74		-	April 9, 2019, by the following vote: Yeas 31, Nays 0.
75		-	______________________________
76		-	Secretary of the Senate
77		-	I hereby certify that S.B. No. 31 passed the House on
78		-	May 17, 2019, by the following vote: Yeas 140, Nays 2, two
79		-	present not voting.
80		-	______________________________
81		-	Chief Clerk of the House
82		-	Approved:
83		-	______________________________
84		-	Date
85		-	______________________________
86		-	Governor