Texas 2025 - 89th Regular

Texas Senate Bill SB2342 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10487 EAS-D
2	2	By: Zaffirini S.B. No. 2342
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the application for appointment of a guardian and to
10	10	requiring criminal history record information and other
11	11	information in connection with the guardianship of a ward or the
12	12	ward's estate.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 1101.001(b), Estates Code, is amended to
15	15	read as follows:
16	16	(b) The application must be sworn to by the applicant and
17	17	state:
18	18	(1) the proposed ward's name, sex, date of birth, and
19	19	address;
20	20	(2) the name, former name, if any, relationship, and
21	21	address of the person the applicant seeks to have appointed as
22	22	guardian;
23	23	(3) whether guardianship of the person or estate, or
24	24	both, is sought;
25	25	(3-a) whether alternatives to guardianship and
26	26	available supports and services to avoid guardianship were
27	27	considered;
28	28	(3-b) whether any alternatives to guardianship and
29	29	supports and services available to the proposed ward considered are
30	30	feasible and would avoid the need for a guardianship;
31	31	(4) the nature and degree of the alleged incapacity,
32	32	the specific areas of protection and assistance requested, and the
33	33	limitation or termination of rights requested to be included in the
34	34	court's order of appointment, including a termination of:
35	35	(A) the right of a proposed ward who is 18 years
36	36	of age or older to vote in a public election;
37	37	(B) the proposed ward's eligibility to hold or
38	38	obtain a license to operate a motor vehicle under Chapter 521,
39	39	Transportation Code; and
40	40	(C) the right of a proposed ward to make personal
41	41	decisions regarding residence;
42	42	(5) the facts requiring the appointment of a guardian;
43	43	(6) the interest of the applicant in the appointment
44	44	of a guardian;
45	45	(7) the nature and description of any kind of
46	46	guardianship existing for the proposed ward in any other state;
47	47	(8) the name, [and] address, phone number, and date of
48	48	birth, if applicable, of any person or institution having the care
49	49	and custody of the proposed ward or the proposed ward's estate;
50	50	(9) the approximate value and a detailed description
51	51	of the proposed ward's property, including:
52	52	(A) liquid assets, including any compensation,
53	53	pension, insurance, or allowance to which the proposed ward may be
54	54	entitled; and
55	55	(B) non-liquid assets, including real property;
56	56	(10) the name and address of any person whom the
57	57	applicant knows to hold a power of attorney signed by the proposed
58	58	ward and a description of the type of power of attorney;
59	59	(11) for a proposed ward who is a minor, the following
60	60	information if known by the applicant:
61	61	(A) the name of each of the proposed ward's
62	62	parents and either the parent's address or that the parent is
63	63	deceased;
64	64	(B) the name and age of each of the proposed
65	65	ward's siblings, if any, and either the sibling's address or that
66	66	the sibling is deceased; and
67	67	(C) if each of the proposed ward's parents and
68	68	adult siblings are deceased, the names and addresses of the
69	69	proposed ward's other living relatives who are related to the
70	70	proposed ward within the third degree by consanguinity and who are
71	71	adults;
72	72	(12) for a proposed ward who is a minor, whether the
73	73	minor was the subject of a legal or conservatorship proceeding in
74	74	the preceding two years and, if so:
75	75	(A) the court involved;
76	76	(B) the nature of the proceeding; and
77	77	(C) any final disposition of the proceeding;
78	78	(13) for a proposed ward who is an adult, the following
79	79	information if known by the applicant:
80	80	(A) the name of the proposed ward's spouse, if
81	81	any, and either the spouse's address or that the spouse is deceased;
82	82	(B) the name of each of the proposed ward's
83	83	parents and either the parent's address or that the parent is
84	84	deceased;
85	85	(C) the name and age of each of the proposed
86	86	ward's siblings, if any, and either the sibling's address or that
87	87	the sibling is deceased;
88	88	(D) the name and age of each of the proposed
89	89	ward's children, if any, and either the child's address or that the
90	90	child is deceased; and
91	91	(E) if there is no living spouse, parent, adult
92	92	sibling, or adult child of the proposed ward, the names and
93	93	addresses of the proposed ward's other living relatives who are
94	94	related to the proposed ward within the third degree by
95	95	consanguinity and who are adults;
96	96	(14) facts showing that the court has venue of the
97	97	proceeding; and
98	98	(15) if applicable, that the person whom the applicant
99	99	seeks to have appointed as a guardian is a private professional
100	100	guardian who is certified under Subchapter C, Chapter 155,
101	101	Government Code, and has complied with the requirements of
102	102	Subchapter G, Chapter 1104.
103	103	SECTION 2. The heading to Section 1104.402, Estates Code,
104	104	is amended to read as follows:
105	105	Sec. 1104.402. [COURT CLERK'S] DUTY TO OBTAIN CRIMINAL
106	106	HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.
107	107	SECTION 3. Section 1104.402, Estates Code, is amended by
108	108	amending Subsection (a) and adding Subsection (a-1) to read as
109	109	follows:
110	110	(a) Except as provided by Section 1104.404 or 1104.406(a),
111	111	the clerk of the county having venue of the proceeding for the
112	112	appointment of a guardian shall, based on information provided in
113	113	an application filed under Section 1101.001, obtain criminal
114	114	history record information that is maintained by the Department of
115	115	Public Safety or the Federal Bureau of Investigation identification
116	116	division relating to any person, other than an attorney or a person
117	117	who is a certified guardian, proposed to serve as a guardian under
118	118	this title, including:
119	119	(1) a proposed temporary guardian;
120	120	(2) [,] a proposed successor guardian; or
121	121	(3) [, or] any person who will have care and custody of
122	122	[contact with] the proposed ward or the proposed ward's estate on
123	123	behalf of the proposed guardian and who is not otherwise required to
124	124	submit to a criminal background check under this section [, other
125	125	than an attorney or a person who is a certified guardian].
126	126	(a-1) A proposed guardian who is an attorney or a certified
127	127	guardian shall provide to the court the name, address, phone
128	128	number, and date of birth of any person who will have care and
129	129	custody of the proposed ward or the proposed ward's estate on the
130	130	proposed guardian's behalf. If the person having care and custody
131	131	of the proposed ward or the proposed ward's estate on the proposed
132	132	guardian's behalf is not also a certified guardian, the clerk shall
133	133	obtain criminal history record information for that person as
134	134	specified by Subsection (a).
135	135	SECTION 4. Section 1104.405(a), Estates Code, is amended to
136	136	read as follows:
137	137	(a) Criminal history record information obtained or
138	138	provided under Section 1104.402 or 1104.404 is privileged and
139	139	confidential and is for the exclusive use of the court. The
140	140	criminal history record information may not be released or
141	141	otherwise disclosed to any person or agency except on court order.
142	142	The court may use the criminal history record information only to
143	143	determine whether to:
144	144	(1) appoint, remove, or continue the appointment of a
145	145	private professional guardian, a guardianship program, or the
146	146	Health and Human Services Commission; or
147	147	(2) appoint any person proposed to serve as a guardian
148	148	under this title, including a proposed temporary guardian, a
149	149	proposed successor guardian, or any person who will have care or
150	150	custody of [contact with] the proposed ward or the proposed ward's
151	151	estate on behalf of the proposed guardian, other than an attorney or
152	152	a certified guardian.
153	153	SECTION 5. Subchapter A, Chapter 1151, Estates Code, is
154	154	amended by adding Section 1151.006 to read as follows:
155	155	Sec. 1151.006. GUARDIAN'S DUTY TO NOTIFY COURT OF CHANGES
156	156	CONCERNING CARE AND CUSTODY OF WARD; CLERK'S DUTY TO OBTAIN
157	157	CRIMINAL HISTORY RECORD INFORMATION. (a) This section applies
158	158	only to a guardian who is a certified guardian or attorney and who
159	159	has designated a person to have care and custody of the ward or the
160	160	ward's estate on the guardian's behalf as provided by Section
161	161	1104.402(a-1).
162	162	(b) A guardian shall notify the court of any change
163	163	concerning the designation or contact information of a person
164	164	having care and custody of a ward or the ward's estate on the
165	165	guardian's behalf not later than the 30th day after the date the
166	166	change occurs. If, as a result of a change in designation, the
167	167	guardian wants to designate another person who will have care and
168	168	custody of the ward or the ward's estate on the guardian's behalf,
169	169	the notification must also include the name, address, phone number,
170	170	and date of birth of that other person.
171	171	(c) On receipt of notification of a change under Subsection
172	172	(b) that includes the name of a person who will have care and
173	173	custody of the ward or the ward's estate on behalf of the guardian,
174	174	the clerk of the court having jurisdiction over the proceeding
175	175	shall obtain criminal history record information that is maintained
176	176	by the Department of Public Safety or the Federal Bureau of
177	177	Investigation identification division relating to that person.
178	178	SECTION 6. Section 155.205(a), Government Code, is amended
179	179	to read as follows:
180	180	(a) In accordance with Subsection (c) and the rules adopted
181	181	by the supreme court under Section 155.203, the commission shall
182	182	obtain criminal history record information that is maintained by
183	183	the Department of Public Safety. The clerk shall obtain in
184	184	accordance with Subsection (b) criminal history record information
185	185	from the Federal Bureau of Investigation identification division
186	186	relating to an individual seeking appointment as a guardian or
187	187	temporary guardian, and any individual who will have care and
188	188	custody of a proposed ward or the proposed ward's estate on behalf
189	189	of a certified guardian or attorney who has been appointed guardian
190	190	as required by Section 1104.402(a-1), Estates Code.
191	191	SECTION 7. Section 411.1386(a), Government Code, is amended
192	192	to read as follows:
193	193	(a) Except as provided by Subsections (a-1) and (a-6), the
194	194	clerk of the county having venue over a proceeding for the
195	195	appointment of a guardian under Title 3, Estates Code, shall, based
196	196	on information provided in an application filed under Section
197	197	1101.001, Estates Code, obtain criminal history record information
198	198	as provided by Subsection (a-7) that relates to any person, other
199	199	than an attorney or a person who is a certified guardian, proposed
200	200	to serve as a guardian under Title 3, Estates Code, including:
201	201	(1) a proposed temporary guardian;
202	202	(2) [,] a proposed successor guardian; or
203	203	(3) [, or] any person who will have care and custody of
204	204	[contact with] the proposed ward or the proposed ward's estate on
205	205	behalf of the proposed guardian and who is not otherwise required to
206	206	submit to a criminal background check under this section [, other
207	207	than an attorney or a certified guardian].
208	208	SECTION 8. This Act takes effect September 1, 2025.