| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to access to certain financial records by the guardianship |
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| 6 | 8 | | abuse, fraud, and exploitation deterrence program. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 72.121, Government Code, is amended by |
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| 9 | 11 | | amending Subdivision (1) and adding Subdivisions (1-a), (1-b), and |
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| 10 | 12 | | (3) to read as follows: |
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| 11 | 13 | | (1) "Estate" has the meaning assigned by Section |
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| 12 | 14 | | 1002.010, Estates Code. |
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| 13 | 15 | | (1-a) "Financial institution" has the meaning assigned |
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| 14 | 16 | | by Section 201.101, Finance Code. |
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| 15 | 17 | | (1-b) "Guardianship proceeding" has the meaning |
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| 16 | 18 | | assigned by Section 1002.015, Estates Code. |
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| 17 | 19 | | (3) "Ward" has the meaning assigned by Section |
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| 18 | 20 | | 1002.030, Estates Code. |
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| 19 | 21 | | SECTION 2. Subchapter G, Chapter 72, Government Code, is |
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| 20 | 22 | | amended by adding Section 72.1221 to read as follows: |
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| 21 | 23 | | Sec. 72.1221. PROGRAM ACCESS TO FINANCIAL RECORDS. (a) To |
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| 22 | 24 | | the extent allowed and in the manner required by federal law, a |
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| 23 | 25 | | financial institution or other person, as applicable, shall on |
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| 24 | 26 | | request provide the program with access to financial institution |
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| 25 | 27 | | records, accounting records, and other financial records |
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| 26 | 28 | | concerning a ward or the ward's estate, including receipts, records |
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| 27 | 29 | | of deposits and withdrawals, invoices, bills, and any other records |
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| 28 | 30 | | of transactions involving the money or assets of a ward or the |
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| 29 | 31 | | ward's estate, for purposes of conducting reviews and audits under |
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| 30 | 32 | | the program. |
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| 31 | 33 | | (b) The program may request the court in which the |
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| 32 | 34 | | guardianship is pending to order a financial institution or other |
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| 33 | 35 | | person who possesses the records described by Subsection (a) to |
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| 34 | 36 | | provide the records to the program. |
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| 35 | 37 | | (c) After notice and a hearing, the court may issue an order |
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| 36 | 38 | | requiring the financial institution or other person to provide the |
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| 37 | 39 | | records to the program under the conditions the court prescribes. |
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| 38 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 39 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 44 | | Act takes effect September 1, 2021. |
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| 43 | | - | ______________________________ ______________________________ |
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| 44 | | - | President of the Senate Speaker of the House |
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| 45 | | - | I hereby certify that S.B. No. 692 passed the Senate on |
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| 46 | | - | April 23, 2021, by the following vote: Yeas 31, Nays 0. |
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| 47 | | - | ______________________________ |
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| 48 | | - | Secretary of the Senate |
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| 49 | | - | I hereby certify that S.B. No. 692 passed the House on |
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| 50 | | - | May 11, 2021, by the following vote: Yeas 141, Nays 2, two |
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| 51 | | - | present not voting. |
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| 52 | | - | ______________________________ |
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| 53 | | - | Chief Clerk of the House |
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| 54 | | - | Approved: |
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| 55 | | - | ______________________________ |
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| 56 | | - | Date |
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| 57 | | - | ______________________________ |
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| 58 | | - | Governor |
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