| 1 | 1 | | By: Menéndez S.B. No. 2940 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to mandatory criminal history background checks for all |
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| 9 | 9 | | adult members of a household in which an individual seeking |
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| 10 | 10 | | guardianship resides. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Amend the Government Code by amending Section |
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| 13 | 13 | | 155.001 of the Government Code as follows: |
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| 14 | 14 | | Sec. 155.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (8)"Adult member of the household" refers to any person 18 |
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| 16 | 16 | | years of age or older who: |
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| 17 | 17 | | (A) Resides in the household of the proposed guardian; |
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| 18 | 18 | | (B) Will have regular or frequent contact with the |
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| 19 | 19 | | proposed ward; or |
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| 20 | 20 | | (C) Will be responsible for providing care, |
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| 21 | 21 | | supervision, or assistance to the proposed ward. |
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| 22 | 22 | | SECTION 2. Amend the Government Code by amending Section |
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| 23 | 23 | | 155.203 of the Government Code as follows: |
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| 24 | 24 | | Sec. 155.203. DUTY TO PROVIDE ASSISTANCE IN QUALIFYING |
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| 25 | 25 | | GUARDIANS; SUPREME COURT RULEMAKING. (a) The supreme court, after |
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| 26 | 26 | | consulting with the commission, shall by rule establish a process |
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| 27 | 27 | | by which the commission performs training and criminal history |
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| 28 | 28 | | background checks for individuals seeking appointment as guardian |
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| 29 | 29 | | and for all adult members of the household in which the proposed |
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| 30 | 30 | | guardian resides. |
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| 31 | 31 | | (b) In adopting rules under this section, the supreme court |
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| 32 | 32 | | shall ensure that the commission is required to provide |
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| 33 | 33 | | confirmation of a person's completion of training and a copy of the |
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| 34 | 34 | | person's criminal history background checks for individuals |
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| 35 | 35 | | seeking appointment as guardian and for all adult members of the |
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| 36 | 36 | | household in which the proposed guardian resides to the probate |
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| 37 | 37 | | court not later than the 10th day before the date of the hearing to |
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| 38 | 38 | | appoint a guardian. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2025. |
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