By: Zaffirini S.B. No. 692
(In the Senate - Filed February 22, 2021; March 11, 2021,
read first time and referred to Committee on Jurisprudence;
April 19, 2021, reported favorably by the following vote: Yeas 5,
Nays 0; April 19, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to access to certain financial records by the guardianship
abuse, fraud, and exploitation deterrence program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 72.121, Government Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a), (1-b), and
(3) to read as follows:
(1) "Estate" has the meaning assigned by Section
1002.010, Estates Code.
(1-a) "Financial institution" has the meaning assigned
by Section 201.101, Finance Code.
(1-b) "Guardianship proceeding" has the meaning
assigned by Section 1002.015, Estates Code.
(3) "Ward" has the meaning assigned by Section
1002.030, Estates Code.
SECTION 2. Subchapter G, Chapter 72, Government Code, is
amended by adding Section 72.1221 to read as follows:
Sec. 72.1221. PROGRAM ACCESS TO FINANCIAL RECORDS. (a) To
the extent allowed and in the manner required by federal law, a
financial institution or other person, as applicable, shall on
request provide the program with access to financial institution
records, accounting records, and other financial records
concerning a ward or the ward's estate, including receipts, records
of deposits and withdrawals, invoices, bills, and any other records
of transactions involving the money or assets of a ward or the
ward's estate, for purposes of conducting reviews and audits under
the program.
(b) The program may request the court in which the
guardianship is pending to order a financial institution or other
person who possesses the records described by Subsection (a) to
provide the records to the program.
(c) After notice and a hearing, the court may issue an order
requiring the financial institution or other person to provide the
records to the program under the conditions the court prescribes.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
* * * * *