89R10487 EAS-D
By: Zaffirini S.B. No. 2342
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1101.001(b), Estates Code, is amended to
read as follows:
(b) The application must be sworn to by the applicant and
state:
(1) the proposed ward's name, sex, date of birth, and
address;
(2) the name, former name, if any, relationship, and
address of the person the applicant seeks to have appointed as
guardian;
(3) whether guardianship of the person or estate, or
both, is sought;
(3-a) whether alternatives to guardianship and
available supports and services to avoid guardianship were
considered;
(3-b) whether any alternatives to guardianship and
supports and services available to the proposed ward considered are
feasible and would avoid the need for a guardianship;
(4) the nature and degree of the alleged incapacity,
the specific areas of protection and assistance requested, and the
limitation or termination of rights requested to be included in the
court's order of appointment, including a termination of:
(A) the right of a proposed ward who is 18 years
of age or older to vote in a public election;
(B) the proposed ward's eligibility to hold or
obtain a license to operate a motor vehicle under Chapter 521,
Transportation Code; and
(C) the right of a proposed ward to make personal
decisions regarding residence;
(5) the facts requiring the appointment of a guardian;
(6) the interest of the applicant in the appointment
of a guardian;
(7) the nature and description of any kind of
guardianship existing for the proposed ward in any other state;
(8) the name, [and] 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;
(9) the approximate value and a detailed description
of the proposed ward's property, including:
(A) liquid assets, including any compensation,
pension, insurance, or allowance to which the proposed ward may be
entitled; and
(B) non-liquid assets, including real property;
(10) the name and address of any person whom the
applicant knows to hold a power of attorney signed by the proposed
ward and a description of the type of power of attorney;
(11) for a proposed ward who is a minor, the following
information if known by the applicant:
(A) the name of each of the proposed ward's
parents and either the parent's address or that the parent is
deceased;
(B) the name and age of each of the proposed
ward's siblings, if any, and either the sibling's address or that
the sibling is deceased; and
(C) if each of the proposed ward's parents and
adult siblings are deceased, the names and addresses of the
proposed ward's other living relatives who are related to the
proposed ward within the third degree by consanguinity and who are
adults;
(12) for a proposed ward who is a minor, whether the
minor was the subject of a legal or conservatorship proceeding in
the preceding two years and, if so:
(A) the court involved;
(B) the nature of the proceeding; and
(C) any final disposition of the proceeding;
(13) for a proposed ward who is an adult, the following
information if known by the applicant:
(A) the name of the proposed ward's spouse, if
any, and either the spouse's address or that the spouse is deceased;
(B) the name of each of the proposed ward's
parents and either the parent's address or that the parent is
deceased;
(C) the name and age of each of the proposed
ward's siblings, if any, and either the sibling's address or that
the sibling is deceased;
(D) the name and age of each of the proposed
ward's children, if any, and either the child's address or that the
child is deceased; and
(E) if there is no living spouse, parent, adult
sibling, or adult child of the proposed ward, the names and
addresses of the proposed ward's other living relatives who are
related to the proposed ward within the third degree by
consanguinity and who are adults;
(14) facts showing that the court has venue of the
proceeding; and
(15) if applicable, that the person whom the applicant
seeks to have appointed as a guardian is a private professional
guardian who is certified under Subchapter C, Chapter 155,
Government Code, and has complied with the requirements of
Subchapter G, Chapter 1104.
SECTION 2. The heading to Section 1104.402, Estates Code,
is amended to read as follows:
Sec. 1104.402. [COURT CLERK'S] DUTY TO OBTAIN CRIMINAL
HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.
SECTION 3. Section 1104.402, Estates Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Section 1104.404 or 1104.406(a),
the clerk of the county having venue of the proceeding for the
appointment of a guardian shall, based on information provided in
an application filed under Section 1101.001, obtain criminal
history record information that is maintained by the Department of
Public Safety 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
this title, including:
(1) a proposed temporary guardian;
(2) [,] a proposed successor guardian; or
(3) [, or] any person who will have care and custody of
[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 this section [, other
than an attorney or a person who is a certified guardian].
(a-1) A proposed guardian who is an attorney or a certified
guardian shall 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. 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, the clerk shall
obtain criminal history record information for that person as
specified by Subsection (a).
SECTION 4. Section 1104.405(a), Estates Code, is amended to
read as follows:
(a) Criminal history record information obtained or
provided under Section 1104.402 or 1104.404 is privileged and
confidential and is for the exclusive use of the court. The
criminal history record information may not be released or
otherwise disclosed to any person or agency except on court order.
The court may use the criminal history record information only to
determine whether to:
(1) appoint, remove, or continue the appointment of a
private professional guardian, a guardianship program, or the
Health and Human Services Commission; or
(2) appoint any person proposed to serve as a guardian
under this title, including a proposed temporary guardian, a
proposed successor guardian, or any person who will have care or
custody of [contact with] the proposed ward or the proposed ward's
estate on behalf of the proposed guardian, other than an attorney or
a certified guardian.
SECTION 5. Subchapter A, Chapter 1151, Estates Code, is
amended by adding Section 1151.006 to read 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) 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) A guardian shall 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. 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,
the notification must also include the name, address, phone number,
and date of birth of that other person.
(c) 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,
the clerk of the court having jurisdiction over the proceeding
shall obtain criminal history record information that is maintained
by the Department of Public Safety or the Federal Bureau of
Investigation identification division relating to that person.
SECTION 6. Section 155.205(a), Government Code, is amended
to read as follows:
(a) In accordance with Subsection (c) and the rules adopted
by the supreme court under Section 155.203, the commission shall
obtain criminal history record information that is maintained by
the Department of Public Safety. The clerk shall obtain in
accordance with Subsection (b) 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. Section 411.1386(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsections (a-1) and (a-6), the
clerk of the county having venue over a proceeding for the
appointment of a guardian under Title 3, Estates Code, shall, based
on information provided in an application filed under Section
1101.001, Estates Code, obtain criminal history record information
as provided by Subsection (a-7) 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:
(1) a proposed temporary guardian;
(2) [,] a proposed successor guardian; or
(3) [, or] any person who will have care and custody of
[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 this section [, other
than an attorney or a certified guardian].
SECTION 8. This Act takes effect September 1, 2025.