AN ACT
1-1 relating to the creation of the Guardianship Advisory Board.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 531, Government Code, is amended by
1-4 adding Subchapter D to read as follows:
1-5 SUBCHAPTER D. GUARDIANSHIP ADVISORY BOARD
1-6 Sec. 531.121. DEFINITIONS. In this subchapter:
1-7 (1) "Advisory board" means the Guardianship Advisory
1-8 Board.
1-9 (2) "Guardian" has the meaning assigned by Section
1-10 601, Texas Probate Code.
1-11 (3) "Guardianship program" has the meaning assigned by
1-12 Section 601, Texas Probate Code.
1-13 (4) "Incapacitated individual" means an incapacitated
1-14 person as defined by Section 601, Texas Probate Code.
1-15 (5) "Private professional guardian" has the meaning
1-16 assigned by Section 601, Texas Probate Code.
1-17 (6) "Statutory probate court" has the meaning assigned
1-18 by Section 601, Texas Probate Code.
1-19 Sec. 531.122. ADVISORY BOARD; MEMBERSHIP AND DUTIES.
1-20 (a) The Guardianship Advisory Board shall advise the commission in
1-21 adopting standards under Section 531.124 and in administering the
1-22 commission's duties under this subchapter.
1-23 (b) The advisory board is composed of one representative
2-1 from each of the health and human services regions, as defined by
2-2 the commission, appointed by a majority vote of the judges of the
2-3 statutory probate courts in each region. If a health and human
2-4 services region does not contain a statutory probate court, the
2-5 representative shall be appointed by a majority vote of the judges
2-6 of the statutory probate courts in the state.
2-7 (c) To be eligible for an appointment under this section, an
2-8 individual must have demonstrated experience working with:
2-9 (1) a guardianship program;
2-10 (2) an organization that advocates on behalf of or in
2-11 the interest of elderly individuals or individuals with mental
2-12 illness or mental retardation; or
2-13 (3) incapacitated individuals.
2-14 (d) A member of the advisory board serves at the pleasure of
2-15 a majority of the judges of the statutory probate courts that
2-16 appointed the member.
2-17 (e) The presiding judge of the statutory probate courts,
2-18 elected as provided by Chapter 25, may adopt rules as necessary for
2-19 the operation of the advisory board.
2-20 (f) Sections 2 and 8, Article 6252-33, Revised Statutes, do
2-21 not apply to the advisory board.
2-22 Sec. 531.123. ADVISORY BOARD; OFFICERS AND MEETINGS.
2-23 (a) The advisory board shall elect from its members a presiding
2-24 officer and other officers considered necessary.
2-25 (b) The advisory board shall meet at the call of the
3-1 presiding officer.
3-2 (c) The advisory board shall develop and implement policies
3-3 to provide the public with a reasonable opportunity to appear
3-4 before the members of the advisory board and to speak on any issue
3-5 under the jurisdiction of the advisory board.
3-6 Sec. 531.124. DUTIES. (a) With the advice of the advisory
3-7 board, the commission shall:
3-8 (1) adopt minimum standards for the provision of
3-9 guardianship and related services by:
3-10 (A) a guardianship program;
3-11 (B) a person who provides guardianship and
3-12 related services on behalf of a guardianship program or local
3-13 guardianship center, including a person who serves as a volunteer
3-14 guardian; and
3-15 (C) a person who serves as a private
3-16 professional guardian; and
3-17 (2) develop and, subject to appropriations, implement
3-18 a plan to:
3-19 (A) ensure that each incapacitated individual in
3-20 this state who needs a guardianship or another less restrictive
3-21 type of assistance to make decisions concerning the incapacitated
3-22 individual's own welfare and financial affairs receives that
3-23 assistance; and
3-24 (B) foster the establishment and growth of local
3-25 volunteer guardianship programs.
4-1 (b) The commission shall design the standards under
4-2 Subsection (a)(1) to protect the interests of an incapacitated
4-3 individual or other individual who needs assistance in making
4-4 decisions concerning the individual's own welfare or financial
4-5 affairs.
4-6 Sec. 531.125. GRANTS. The commission by rule may award
4-7 grants to a local guardianship center to establish local volunteer
4-8 guardianship programs.
4-9 SECTION 2. Not later than December 1, 1997, the statutory
4-10 probate court judges shall appoint the initial members of the
4-11 Guardianship Advisory Board.
4-12 SECTION 3. Not later than December 1, 1998, the Health and
4-13 Human Services Commission shall report to the governor and the
4-14 legislature on the plan required under Section 531.124, Government
4-15 Code, as added by this Act.
4-16 SECTION 4. This Act takes effect September 1, 1997.
4-17 SECTION 5. The importance of this legislation and the
4-18 crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 586 passed the Senate on
April 3, 1997, by a viva-voce vote; and that the Senate concurred
in House amendment on May 29, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 586 passed the House, with
amendment, on May 27, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor