By:  Moncrief                                          S.B. No. 333
       73R3085 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the provision of guardianship services by the
    1-3  Department of Protective and Regulatory Services.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1, Article 4413(503), Revised Statutes,
    1-6  is amended to read as follows:
    1-7        Sec. 1.  DEFINITIONS.  In this article:
    1-8              (1)  "Advisory board" means the Public Guardian
    1-9  Advisory Board.
   1-10              (2) <(1)>  "Board" means the Board of Protective and
   1-11  Regulatory Services.
   1-12              (3) <(2)>  "Commission" means the Health and Human
   1-13  Services Commission.
   1-14              (4) <(3)>  "Department" means the Department of
   1-15  Protective and Regulatory Services.
   1-16              (5) <(4)>  "Director" means the director of the
   1-17  Department of Protective and Regulatory Services.
   1-18              (6)  "Guardianship program" means a local, county, or
   1-19  regional program that provides guardianship and related services to
   1-20  an incapacitated person or other person who needs assistance in
   1-21  making decisions concerning the person's own welfare or financial
   1-22  affairs.
   1-23              (7)  "Incapacitated person" means:
   1-24                    (A)  a minor;
    2-1                    (B)  an adult individual who, because of a
    2-2  physical or mental condition, is substantially unable to provide
    2-3  food, clothing, or shelter for himself or herself, to care for the
    2-4  individual's own physical health, or to manage the individual's own
    2-5  financial affairs;
    2-6                    (C)  a missing person; or
    2-7                    (D)  a person who must have a guardian appointed
    2-8  to receive funds due the person from any governmental source.
    2-9        SECTION 2.  Article 4413(503), Revised Statutes, is amended
   2-10  by adding Sections 14-20 to read as follows:
   2-11        Sec. 14.  ADMINISTRATION OF PROVISION OF GUARDIANSHIP AND
   2-12  RELATED SERVICES.  (a)  The department is the state agency
   2-13  designated to administer the provision of guardianship and related
   2-14  services in the state.
   2-15        (b)  The department shall:
   2-16              (1)  develop a state plan to ensure that all persons
   2-17  who need a guardianship or another less restrictive type of
   2-18  assistance to make decisions concerning a person's own welfare or
   2-19  financial affairs receive that assistance;
   2-20              (2)  consult and cooperate with the governing body of
   2-21  one or more municipalities or counties concerning the development
   2-22  of a guardianship program;
   2-23              (3)  provide to a guardian, a proposed guardian, or a
   2-24  member of a guardianship program education, training, and technical
   2-25  assistance on guardianship and alternatives to guardianship that
   2-26  may be used in lieu of a guardianship to represent the interests of
   2-27  an incapacitated person or other person who needs assistance in
    3-1  making decisions concerning the person's own welfare or financial
    3-2  affairs; and
    3-3              (4)  provide information and referral services on
    3-4  guardianship and related services.
    3-5        (c)  The department may employ not more than 10 employees for
    3-6  the administration of the department's duties under this section.
    3-7        Sec. 15.  ADVISORY BOARD.  (a)  The Public Guardian Advisory
    3-8  Board is created to advise the board in adopting standards under
    3-9  Section 17 of this article and in administering the department's
   3-10  duties under Section 14 of this article.
   3-11        (b)  The advisory board is composed of nine members appointed
   3-12  by the board and of five nonvoting ex officio members.
   3-13        (c)  The board shall appoint:
   3-14              (1)  three members of a guardianship program;
   3-15              (2)  three members of private associations of persons
   3-16  who advocate on the behalf of, or in the interest of, the elderly
   3-17  or persons with mental illness or mental retardation;
   3-18              (3)  two persons, each of whom is a judge or justice of
   3-19  a court of this state or another person licensed to practice law in
   3-20  this state; and
   3-21              (4)  one parent of an incapacitated person other than a
   3-22  minor.
   3-23        (d)  The nonvoting ex officio members are the presiding
   3-24  officer of the governing body of each of the following agencies or
   3-25  each officer's designated representative:
   3-26              (1)  Texas Department of Human Services;
   3-27              (2)  Texas Department on Aging;
    4-1              (3)  Texas Department of Health;
    4-2              (4)  Department of Protective and Regulatory Services;
    4-3  and
    4-4              (5)  Texas Department of Mental Health and Mental
    4-5  Retardation.
    4-6        (e)  The advisory board shall elect from its members a
    4-7  presiding officer and any other officers considered necessary.
    4-8        (f)  Appointments to the advisory board shall be made without
    4-9  regard to the race, color, disability, sex, religion, age, or
   4-10  national origin of an appointee.
   4-11        (g)  The validity of an action of the advisory board is not
   4-12  affected by the fact that it is taken when a ground for removal of
   4-13  an appointed member of the advisory board exists.
   4-14        (h)  An appointed member of the advisory board serves at the
   4-15  pleasure of the board.
   4-16        (i)  An appointed member of the advisory board is entitled to
   4-17  a per diem as set by legislative appropriation for each day that
   4-18  the member engages in advisory board business.  An appointed member
   4-19  of the advisory board may not otherwise receive compensation for
   4-20  service as a member of the advisory board but is entitled to
   4-21  reimbursement for actual and necessary expenses in the performance
   4-22  of advisory board business in an amount not exceeding the amount
   4-23  authorized to be paid to a member of the legislature for similar
   4-24  expenses.
   4-25        Sec. 16.  MEETINGS.  The advisory board shall hold meetings
   4-26  quarterly and may hold other meetings called by the presiding
   4-27  officer.  The advisory board shall develop and implement policies
    5-1  that will provide the public with a reasonable opportunity to
    5-2  appear before the members of the advisory board and to speak on any
    5-3  issue under the jurisdiction of the advisory board.
    5-4        Sec. 17.  STANDARDS.  (a)  The board by rule shall adopt
    5-5  minimum standards for the provision of guardianship and related
    5-6  services for a:
    5-7              (1)  guardianship program;
    5-8              (2)  person who provides guardianship and related
    5-9  services on behalf of a guardianship program, including a person
   5-10  who serves as a volunteer guardian; and
   5-11              (3)  person or entity who serves as a private
   5-12  professional guardian.
   5-13        (b)  The standards the board adopts under this section must
   5-14  be designed to protect the interests of an incapacitated person or
   5-15  other person who needs assistance making decisions concerning the
   5-16  person's own welfare or financial affairs.
   5-17        (c)  In this section, "private professional guardian" means a
   5-18  person who is engaged in the business of providing guardianship
   5-19  services.
   5-20        Sec. 18.  CONTRACTS.  If there is no guardianship program to
   5-21  provide assistance, the department may contract with another person
   5-22  or entity to:
   5-23              (1)  file an application under Section 111, 130C, or
   5-24  131(b), Texas Probate Code, to be appointed as a guardian of the
   5-25  estate or person, or both, of an incapacitated person if there is
   5-26  no eligible person interested in filing an application to be
   5-27  appointed guardian of the incapacitated person; or
    6-1              (2)  provide assistance to a person who needs
    6-2  assistance other than a guardianship to make a decision concerning
    6-3  the person's own welfare or financial affairs.
    6-4        Sec. 19.  DONATIONS AND GRANTS.  (a)  The department may
    6-5  accept and solicit gifts or grants of money or property from public
    6-6  or private sources for use in carrying out the department's duties
    6-7  under this article.
    6-8        (b)  The department shall make matching grants to a
    6-9  guardianship program in an amount of not more than $1 for each $1
   6-10  spent by the guardianship program.
   6-11        Sec. 20.  REPORT.  Not later than February 1 of each
   6-12  odd-numbered year, the board shall submit to the legislature a
   6-13  biennial report that includes recommendations to improve
   6-14  guardianship and related services provided to a person by a
   6-15  guardianship program or a person or entity who contracts with the
   6-16  department under Section 18 of this article.
   6-17        SECTION 3.  Section 3(x), Texas Probate Code, is amended to
   6-18  read as follows:
   6-19        (x)  "Person" includes natural persons, <and> corporations,
   6-20  and guardianship programs as defined by Section 1, Article
   6-21  4413(503), Revised Statutes.
   6-22        SECTION 4.  As soon as practicable after the effective date
   6-23  of this Act, the board of the Department of Protective and
   6-24  Regulatory Services shall appoint the initial members of the Public
   6-25  Guardian Advisory Board created by this Act.
   6-26        SECTION 5.  This Act takes effect September 1, 1993.
   6-27        SECTION 6.  The importance of this legislation and the
    7-1  crowded condition of the calendars in both houses create an
    7-2  emergency and an imperative public necessity that the
    7-3  constitutional rule requiring bills to be read on three several
    7-4  days in each house be suspended, and this rule is hereby suspended.