4 | 9 | | |
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5 | 10 | | |
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6 | 11 | | A BILL TO BE ENTITLED |
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7 | 12 | | AN ACT |
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8 | 13 | | relating to training on Alzheimer's disease, dementia, and related |
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9 | 14 | | disorders for certain guardians. |
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10 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 16 | | SECTION 1. Section 155.203(b), Government Code, is amended |
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12 | 17 | | to read as follows: |
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13 | 18 | | (b) In adopting rules under this section, the supreme court |
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14 | 19 | | shall ensure that: |
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15 | 20 | | (1) the commission is required to provide confirmation |
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16 | 21 | | of a person's completion of the training required by Section |
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17 | 22 | | 155.204(a)(1) and a copy of the person's criminal history |
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18 | 23 | | background check to the probate court not later than the 10th day |
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19 | 24 | | before the date of the hearing to appoint a guardian; and |
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20 | 25 | | (2) a probate court is required to ensure a guardian's |
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21 | 26 | | timely completion of the training required by Section |
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22 | 27 | | 155.204(a)(2), unless the training is waived by the probate court |
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23 | 28 | | as provided by Section 155.204(a)(3). |
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24 | 29 | | SECTION 2. Section 155.204, Government Code, is amended by |
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25 | 30 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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26 | 31 | | follows: |
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27 | 32 | | (a) In adopting rules under Section 155.203, the supreme |
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28 | 33 | | court shall: |
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29 | 34 | | (1) subject to Subdivision (3) [(2)], ensure that |
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30 | 35 | | before a person is appointed guardian, the person completes a |
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31 | 36 | | training course: |
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32 | 37 | | (A) designed by the commission to educate |
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33 | 38 | | proposed guardians about their responsibilities as guardians, |
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34 | 39 | | alternatives to guardianships, supports and services available to |
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35 | 40 | | the proposed ward, and a ward's bill of rights under Section |
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36 | 41 | | 1151.351, Estates Code; and |
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37 | 42 | | (B) made available for free to proposed guardians |
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38 | 43 | | by the commission online via the commission's Internet website and, |
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39 | 44 | | on request, in a written format; [and] |
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40 | 45 | | (2) subject to Subdivision (3) and Subsection (a-1), |
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41 | 46 | | ensure that not later than the sixth month after the date a guardian |
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42 | 47 | | is appointed and at least once a year after the initial training |
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43 | 48 | | under this subdivision, the guardian completes a one-hour training |
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44 | 49 | | course: |
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45 | 50 | | (A) designed to educate guardians on Alzheimer's |
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46 | 51 | | disease, dementia, and related disorders, including providing |
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47 | 52 | | information about: |
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48 | 53 | | (i) common aspects of aging; |
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49 | 54 | | (ii) warning signs of dementia and |
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50 | 55 | | Alzheimer's disease; |
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51 | 56 | | (iii) effective strategies for |
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52 | 57 | | communicating with a person who is diagnosed with dementia or |
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53 | 58 | | Alzheimer's disease; and |
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54 | 59 | | (iv) effective strategies for supporting a |
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55 | 60 | | person who is diagnosed with dementia or Alzheimer's disease in |
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56 | 61 | | exercising the person's rights; and |
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57 | 62 | | (B) from a list of one or more training courses |
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58 | 63 | | approved by the commission and made available for free to guardians |
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59 | 64 | | online via the commission's Internet website; and |
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60 | 65 | | (3) identify the circumstances under which a court may |
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61 | 66 | | waive the training required under this section. |
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62 | 67 | | (a-1) Subsection (a)(2) applies only to a guardian of the |
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63 | 68 | | person or the estate, or both, of a ward who is: |
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64 | 69 | | (1) 60 years of age or older; or |
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65 | 70 | | (2) younger than 60 years of age if the ward has been |
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66 | 71 | | diagnosed with Alzheimer's disease, dementia, or a related |
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67 | 72 | | disorder. |
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68 | 73 | | SECTION 3. (a) Not later than January 1, 2026, the Texas |
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69 | 74 | | Supreme Court shall adopt the rules required under Sections 155.203 |
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70 | 75 | | and 155.204, Government Code, as amended by this Act. |
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71 | 76 | | (b) Not later than July 1, 2026, the Judicial Branch |
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72 | 77 | | Certification Commission shall approve and make available on the |
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73 | 78 | | commission's Internet website the list of training courses required |
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74 | 79 | | by Section 155.204(a)(2), Government Code, as amended by this Act. |
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75 | 80 | | (c) Notwithstanding Section 155.204(a), Government Code, as |
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76 | 81 | | amended by this Act, a guardian appointed before July 1, 2026, who |
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77 | 82 | | is required to complete the training required by Section |
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78 | 83 | | 155.204(a)(2), Government Code, as amended by this Act, shall |
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79 | 84 | | complete the initial training required by that section not later |
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80 | 85 | | than January 1, 2027. |
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81 | 86 | | SECTION 4. This Act takes effect September 1, 2025. |
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