BILL ANALYSIS Senate Research Center S.B. 2342 89R10487 EAS-D By: Zaffirini Jurisprudence 3/31/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT H.B. 4123 (2023) cleaned up access to the FBI's criminal background check database, but ambiguities in its provisions have created issues in guardianship screenings. Specifically, these background check requirements are overly broad and unclear, potentially applying to persons who have direct contact with those under guardianship but are not directly responsible for their care, including dayhab providers, doctors, and others. S.B. 2342 would limit background checks to caregivers directly responsible for a person under guardianship and shift the responsibility of determining who requires screening from the county clerk to the guardian or attorney. What's more, guardians would be required to notify the court within 30 days of any changes in a person's care or custody, including updated contact information for new designated caregivers, after which the court clerk would obtain criminal history records from state or federal sources. By clarifying background check requirements, S.B. 2342 would improve efficiency, reduce administrative burdens on courts and guardians, and ensure that only appropriate persons undergo screening, enhancing both safety and compliance. As proposed, S.B. 2342 amends current law relating to the application for appointment of a guardian and to requiring criminal history record information and other information in connection with the guardianship of a ward or the ward's estate. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1101.001(b), Estates Code, to require that the application for the appointment of a guardian be sworn to by the applicant and state certain information, including the name, address, phone number, and date of birth, if applicable, of any person or institution having the care and custody of the proposed ward or the proposed ward's estate, and to make a nonsubstantive change. SECTION 2. Amends the heading to Section 1104.402, Estates Code, to read as follows: Sec. 1104.402. DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE. SECTION 3. Amends Section 1104.402, Estates Code, by amending Subsection (a) and adding Subsection (a-1), as follows: (a) Requires the court clerk (clerk) of the county having venue of the proceeding for the appointment of a guardian, except as provided by certain provisions, based on information provided in an application filed under Section 1101.001 (Application for Appointment of Guardian; Contents), to obtain criminal history record information that is maintained by the Department of Public Safety of the State of Texas (DPS) or the Federal Bureau of Investigation identification division relating to any person, other than an attorney or a person who is a certified guardian, proposed to serve as a guardian under Title 3 (Guardianship and Related Procedures), including any person who will have care and custody of, rather than contact with, the proposed ward or the proposed ward's estate on behalf of the proposed guardian and who is not otherwise required to submit to a criminal background check under Section 1104.402 (Court Clerk's Dury to Obtain Criminal History Record Information; Authority to Change Fee). Makes nonsubstantive changes. (a-1) Requires a proposed guardian who is an attorney or a certified guardian to provide to the court the name, address, phone number, and date of birth of any person who will have care and custody of the proposed ward or the proposed ward's estate on the proposed guardian's behalf. Requires the clerk, if the person having care and custody of the proposed ward or the proposed ward's estate on the proposed guardian's behalf is not also a certified guardian, to obtain criminal history record information for that person as specified by Subsection (a). SECTION 4. Amends Section 1104.405(a), Estates Code, to make a conforming change. SECTION 5. Amends Subchapter A, Chapter 1151, Estates Code, by adding Section 1151.006, as follows: Sec. 1151.006. GUARDIAN'S DUTY TO NOTIFY COURT OF CHANGES CONCERNING CARE AND CUSTODY OF WARD; CLERK'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION. (a) Provides that this section applies only to a guardian who is a certified guardian or attorney and who has designated a person to have care and custody of the ward or the ward's estate on the guardian's behalf as provided by Section 1104.402(a-1). (b) Requires a guardian to notify the court of any change concerning the designation or contact information of a person having care and custody of a ward or the ward's estate on the guardian's behalf not later than the 30th day after the date the change occurs. Requires that the notification, if, as a result of a change in designation, the guardian wants to designate another person who will have care and custody of the ward or the ward's estate on the guardian's behalf, also include the name, address, phone number, and date of birth of that other person. (c) Requires the clerk of the court having jurisdiction over the proceeding, on receipt of notification of a change under Subsection (b) that includes the name of a person who will have care and custody of the ward or the ward's estate on behalf of the guardian, to obtain criminal history record information that is maintained by DPS or the Federal Bureau of Investigation identification division relating to that person. SECTION 6. Amends Section 155.205(a), Government Code, as follows: (a) Requires the clerk to obtain in accordance with Subsection (b) (relating to requiring the clerk to obtain fingerprint-based criminal history record information of a proposed guardian if certain criteria are met) criminal history record information from the Federal Bureau of Investigation identification division relating to an individual seeking appointment as a guardian or temporary guardian, and any individual who will have care and custody of a proposed ward or the proposed ward's estate on behalf of a certified guardian or attorney who has been appointed guardian as required by Section 1104.402(a-1), Estates Code. SECTION 7. Amends Section 411.1386(a), Government Code, as follows: (a) Requires the clerk of the county having venue over a proceeding for the appointment of a guardian under Title 3, Estates Code, except as provided by certain provisions, based on information provided in an application filed under Section 1101.001, Estates Code, to obtain criminal history record information as provided by Subsection (a-7) (relating to entitling the clerk to obtain certain information) that relates to any person, other than an attorney or a person who is a certified guardian, proposed to serve as a guardian under Title 3, Estates Code, including any person who will have care and custody, rather than contact with, the proposed ward or the proposed ward's estate on behalf of the proposed guardian and who is not otherwise required to submit to a criminal background check under Section 411.1386 (Access to Criminal History Record Information: Court Clerk; Health and Human Services Commission; Guardianships). Makes nonsubstantive changes. SECTION 8. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2342
89R10487 EAS-D By: Zaffirini
Jurisprudence
3/31/2025
As Filed
Senate Research Center
S.B. 2342
89R10487 EAS-D
By: Zaffirini
Jurisprudence
3/31/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 4123 (2023) cleaned up access to the FBI's criminal background check database, but ambiguities in its provisions have created issues in guardianship screenings. Specifically, these background check requirements are overly broad and unclear, potentially applying to persons who have direct contact with those under guardianship but are not directly responsible for their care, including dayhab providers, doctors, and others.
S.B. 2342 would limit background checks to caregivers directly responsible for a person under guardianship and shift the responsibility of determining who requires screening from the county clerk to the guardian or attorney. What's more, guardians would be required to notify the court within 30 days of any changes in a person's care or custody, including updated contact information for new designated caregivers, after which the court clerk would obtain criminal history records from state or federal sources.
By clarifying background check requirements, S.B. 2342 would improve efficiency, reduce administrative burdens on courts and guardians, and ensure that only appropriate persons undergo screening, enhancing both safety and compliance.
As proposed, S.B. 2342 amends current law relating to the application for appointment of a guardian and to requiring criminal history record information and other information in connection with the guardianship of a ward or the ward's estate.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 1101.001(b), Estates Code, to require that the application for the appointment of a guardian be sworn to by the applicant and state certain information, including the name, address, phone number, and date of birth, if applicable, of any person or institution having the care and custody of the proposed ward or the proposed ward's estate, and to make a nonsubstantive change.
SECTION 2. Amends the heading to Section 1104.402, Estates Code, to read as follows:
Sec. 1104.402. DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.
SECTION 3. Amends Section 1104.402, Estates Code, by amending Subsection (a) and adding Subsection (a-1), as follows:
(a) Requires the court clerk (clerk) of the county having venue of the proceeding for the appointment of a guardian, except as provided by certain provisions, based on information provided in an application filed under Section 1101.001 (Application for Appointment of Guardian; Contents), to obtain criminal history record information that is maintained by the Department of Public Safety of the State of Texas (DPS) or the Federal Bureau of Investigation identification division relating to any person, other than an attorney or a person who is a certified guardian, proposed to serve as a guardian under Title 3 (Guardianship and Related Procedures), including any person who will have care and custody of, rather than contact with, the proposed ward or the proposed ward's estate on behalf of the proposed guardian and who is not otherwise required to submit to a criminal background check under Section 1104.402 (Court Clerk's Dury to Obtain Criminal History Record Information; Authority to Change Fee). Makes nonsubstantive changes.
(a-1) Requires a proposed guardian who is an attorney or a certified guardian to provide to the court the name, address, phone number, and date of birth of any person who will have care and custody of the proposed ward or the proposed ward's estate on the proposed guardian's behalf. Requires the clerk, if the person having care and custody of the proposed ward or the proposed ward's estate on the proposed guardian's behalf is not also a certified guardian, to obtain criminal history record information for that person as specified by Subsection (a).
SECTION 4. Amends Section 1104.405(a), Estates Code, to make a conforming change.
SECTION 5. Amends Subchapter A, Chapter 1151, Estates Code, by adding Section 1151.006, as follows:
Sec. 1151.006. GUARDIAN'S DUTY TO NOTIFY COURT OF CHANGES CONCERNING CARE AND CUSTODY OF WARD; CLERK'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION. (a) Provides that this section applies only to a guardian who is a certified guardian or attorney and who has designated a person to have care and custody of the ward or the ward's estate on the guardian's behalf as provided by Section 1104.402(a-1).
(b) Requires a guardian to notify the court of any change concerning the designation or contact information of a person having care and custody of a ward or the ward's estate on the guardian's behalf not later than the 30th day after the date the change occurs. Requires that the notification, if, as a result of a change in designation, the guardian wants to designate another person who will have care and custody of the ward or the ward's estate on the guardian's behalf, also include the name, address, phone number, and date of birth of that other person.
(c) Requires the clerk of the court having jurisdiction over the proceeding, on receipt of notification of a change under Subsection (b) that includes the name of a person who will have care and custody of the ward or the ward's estate on behalf of the guardian, to obtain criminal history record information that is maintained by DPS or the Federal Bureau of Investigation identification division relating to that person.
SECTION 6. Amends Section 155.205(a), Government Code, as follows:
(a) Requires the clerk to obtain in accordance with Subsection (b) (relating to requiring the clerk to obtain fingerprint-based criminal history record information of a proposed guardian if certain criteria are met) criminal history record information from the Federal Bureau of Investigation identification division relating to an individual seeking appointment as a guardian or temporary guardian, and any individual who will have care and custody of a proposed ward or the proposed ward's estate on behalf of a certified guardian or attorney who has been appointed guardian as required by Section 1104.402(a-1), Estates Code.
SECTION 7. Amends Section 411.1386(a), Government Code, as follows:
(a) Requires the clerk of the county having venue over a proceeding for the appointment of a guardian under Title 3, Estates Code, except as provided by certain provisions, based on information provided in an application filed under Section 1101.001, Estates Code, to obtain criminal history record information as provided by Subsection (a-7) (relating to entitling the clerk to obtain certain information) that relates to any person, other than an attorney or a person who is a certified guardian, proposed to serve as a guardian under Title 3, Estates Code, including any person who will have care and custody, rather than contact with, the proposed ward or the proposed ward's estate on behalf of the proposed guardian and who is not otherwise required to submit to a criminal background check under Section 411.1386 (Access to Criminal History Record Information: Court Clerk; Health and Human Services Commission; Guardianships). Makes nonsubstantive changes.
SECTION 8. Effective date: September 1, 2025.