By: Zaffirini S.B. No. 1536
(In the Senate - Filed February 21, 2025; March 6, 2025,
read first time and referred to Committee on Jurisprudence;
March 31, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 0; March 31, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1536 By: Johnson
A BILL TO BE ENTITLED
AN ACT
relating to training on Alzheimer's disease, dementia, and related
disorders for certain guardians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 155.203(b), Government Code, is amended
to read as follows:
(b) In adopting rules under this section, the supreme court
shall ensure that:
(1) the commission is required to provide confirmation
of a person's completion of the training required by Section
155.204(a)(1) and a copy of the person's criminal history
background check to the probate court not later than the 10th day
before the date of the hearing to appoint a guardian; and
(2) a probate court is required to ensure a guardian's
timely completion of the training required by Section
155.204(a)(2), unless the training is waived by the probate court
as provided by Section 155.204(a)(3).
SECTION 2. Section 155.204, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) In adopting rules under Section 155.203, the supreme
court shall:
(1) subject to Subdivision (3) [(2)], ensure that
before a person is appointed guardian, the person completes a
training course:
(A) designed by the commission to educate
proposed guardians about their responsibilities as guardians,
alternatives to guardianships, supports and services available to
the proposed ward, and a ward's bill of rights under Section
1151.351, Estates Code; and
(B) made available for free to proposed guardians
by the commission online via the commission's Internet website and,
on request, in a written format; [and]
(2) subject to Subdivision (3) and Subsection (a-1),
ensure that not later than the sixth month after the date a guardian
is appointed and at least once a year after the initial training
under this subdivision, the guardian completes a one-hour training
course:
(A) designed to educate guardians on Alzheimer's
disease, dementia, and related disorders, including providing
information about:
(i) common aspects of aging;
(ii) warning signs of dementia and
Alzheimer's disease;
(iii) effective strategies for
communicating with a person who is diagnosed with dementia or
Alzheimer's disease; and
(iv) effective strategies for supporting a
person who is diagnosed with dementia or Alzheimer's disease in
exercising the person's rights; and
(B) from a list of one or more training courses
approved by the commission and made available for free to guardians
online via the commission's Internet website; and
(3) identify the circumstances under which a court may
waive the training required under this section.
(a-1) Subsection (a)(2) applies only to a guardian of the
person or the estate, or both, of a ward who is:
(1) 60 years of age or older; or
(2) younger than 60 years of age if the ward has been
diagnosed with Alzheimer's disease, dementia, or a related
disorder.
SECTION 3. (a) Not later than January 1, 2026, the Texas
Supreme Court shall adopt the rules required under Sections 155.203
and 155.204, Government Code, as amended by this Act.
(b) Not later than July 1, 2026, the Judicial Branch
Certification Commission shall approve and make available on the
commission's Internet website the list of training courses required
by Section 155.204(a)(2), Government Code, as amended by this Act.
(c) Notwithstanding Section 155.204(a), Government Code, as
amended by this Act, a guardian appointed before July 1, 2026, who
is required to complete the training required by Section
155.204(a)(2), Government Code, as amended by this Act, shall
complete the initial training required by that section not later
than January 1, 2027.
SECTION 4. This Act takes effect September 1, 2025.
* * * * *