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