| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 89R5250 EAS-D | |
| 2 | 2 | By: Capriglione H.B. No. 3376 | |
| 3 | - | Substitute the following for H.B. No. 3376: | |
| 4 | - | By: Leach C.S.H.B. No. 3376 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | ||
| 8 | 6 | ||
| 9 | 7 | A BILL TO BE ENTITLED | |
| 10 | 8 | AN ACT | |
| 11 | - | relating to training on Alzheimer's disease | |
| 12 | - | ||
| 9 | + | relating to training on dementia and Alzheimer's disease for | |
| 10 | + | certain guardians. | |
| 13 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 14 | - | SECTION 1. Section 155. | |
| 12 | + | SECTION 1. Section 155.204(a), Government Code, is amended | |
| 15 | 13 | to read as follows: | |
| 16 | - | (b) In adopting rules under this section, the supreme court | |
| 17 | - | shall ensure that: | |
| 18 | - | (1) the commission is required to provide confirmation | |
| 19 | - | of a person's completion of the training required by Section | |
| 20 | - | 155.204(a)(1) and a copy of the person's criminal history | |
| 21 | - | background check to the probate court not later than the 10th day | |
| 22 | - | before the date of the hearing to appoint a guardian; and | |
| 23 | - | (2) a probate court is required to ensure a guardian's | |
| 24 | - | timely completion of the training required by Section | |
| 25 | - | 155.204(a)(2), unless the training is waived by the probate court | |
| 26 | - | as provided by Section 155.204(a)(3). | |
| 27 | - | SECTION 2. Section 155.204, Government Code, is amended by | |
| 28 | - | amending Subsection (a) and adding Subsection (a-1) to read as | |
| 29 | - | follows: | |
| 30 | 14 | (a) In adopting rules under Section 155.203, the supreme | |
| 31 | 15 | court shall: | |
| 32 | 16 | (1) subject to Subdivision (3) [(2)], ensure that | |
| 33 | 17 | before a person is appointed guardian, the person completes a | |
| 34 | 18 | training course: | |
| 35 | 19 | (A) designed by the commission to educate | |
| 36 | 20 | proposed guardians about their responsibilities as guardians, | |
| 37 | 21 | alternatives to guardianships, supports and services available to | |
| 38 | 22 | the proposed ward, and a ward's bill of rights under Section | |
| 39 | 23 | 1151.351, Estates Code; and | |
| 40 | 24 | (B) made available for free to proposed guardians | |
| 41 | 25 | by the commission online via the commission's Internet website and, | |
| 42 | 26 | on request, in a written format; [and] | |
| 43 | - | (2) subject to Subdivision (3) | |
| 44 | - | ||
| 45 | - | ||
| 46 | - | ||
| 47 | - | (A) | |
| 48 | - | | |
| 27 | + | (2) subject to Subdivision (3), ensure that not later | |
| 28 | + | than the sixth month after the date a guardian is appointed and at | |
| 29 | + | least once a year, the guardian completes a three-hour training | |
| 30 | + | course: | |
| 31 | + | (A) designed by the commission to educate | |
| 32 | + | guardians on dementia and Alzheimer's disease, including providing | |
| 49 | 33 | information about: | |
| 50 | 34 | (i) common aspects of aging; | |
| 51 | 35 | (ii) warning signs of dementia and | |
| 52 | 36 | Alzheimer's disease; | |
| 53 | 37 | (iii) effective strategies for | |
| 54 | 38 | communicating with a person who is diagnosed with dementia or | |
| 55 | 39 | Alzheimer's disease; and | |
| 56 | - | (iv) effective strategies | |
| 57 | - | ||
| 58 | - | ||
| 40 | + | (iv) effective strategies for supporting a | |
| 41 | + | person who is diagnosed with dementia or Alzheimer's disease in | |
| 42 | + | exercising the person's rights; and | |
| 59 | 43 | (B) made available for free to guardians by the | |
| 60 | 44 | commission online via the commission's Internet website; and | |
| 61 | 45 | (3) identify the circumstances under which a court may | |
| 62 | 46 | waive the training required under this section. | |
| 63 | - | (a-1) Subsection (a)(2) applies only to the appointment of a | |
| 64 | - | guardian of the person or the estate, or both, of a ward who is: | |
| 65 | - | (1) 60 years of age or older; or | |
| 66 | - | (2) younger than 60 years of age if the ward has been | |
| 67 | - | diagnosed with Alzheimer's disease, dementia, or a related | |
| 68 | - | disorder. | |
| 69 | - | SECTION 3. (a) Not later than January 1, 2026, the Texas | |
| 70 | - | Supreme Court shall adopt the rules required under Sections 155.203 | |
| 71 | - | and 155.204, Government Code, as amended by this Act. | |
| 47 | + | SECTION 2. (a) Not later than January 1, 2026, the Texas | |
| 48 | + | Supreme Court shall adopt the rules necessary to provide the | |
| 49 | + | training required under Section 155.204(a)(2), Government Code, as | |
| 50 | + | amended by this Act. | |
| 72 | 51 | (b) Not later than July 1, 2026, the Judicial Branch | |
| 73 | 52 | Certification Commission shall make available on the commission's | |
| 74 | 53 | Internet website the course required by Section 155.204(a)(2), | |
| 75 | 54 | Government Code, as amended by this Act. | |
| 76 | 55 | (c) Notwithstanding Section 155.204(a), Government Code, as | |
| 77 | - | amended by this Act, a guardian appointed before July 1, 2026, who | |
| 78 | - | is required to complete the training required by Section | |
| 79 | - | 155.204(a)(2), Government Code, as amended by this Act, shall | |
| 80 | - | complete the initial training required by that section not later | |
| 56 | + | amended by this Act, a guardian appointed before July 1, 2026, | |
| 57 | + | shall complete the initial training required by Section | |
| 58 | + | 155.204(a)(2), Government Code, as amended by this Act, not later | |
| 81 | 59 | than September 1, 2026. | |
| 82 | - | SECTION | |
| 60 | + | SECTION 3. This Act takes effect September 1, 2025. |