75R13004 CLG-D                          

         By Moncrief                                            S.B. No. 586

         Substitute the following for S.B. No. 586:

         By Naishtat                                        C.S.S.B. No. 586

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of the Guardianship Advisory Board.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 531, Government Code, is amended by

 1-5     adding Subchapter D to read as follows:

 1-6                 SUBCHAPTER D.  GUARDIANSHIP ADVISORY BOARD

 1-7           Sec. 531.121.  DEFINITIONS.  In this subchapter:

 1-8                 (1)  "Advisory board" means the Guardianship Advisory

 1-9     Board.

1-10                 (2)  "Guardian" has the meaning assigned by Section

1-11     601, Texas Probate Code.

1-12                 (3)  "Guardianship program" has the meaning assigned by

1-13     Section 601, Texas Probate Code.

1-14                 (4)  "Incapacitated individual" means an incapacitated

1-15     person as defined by Section 601, Texas Probate Code.

1-16                 (5)  "Private professional guardian" has the meaning

1-17     assigned by Section 601, Texas Probate Code.

1-18                 (6)  "Statutory probate court" has the meaning assigned

1-19     by Section 601, Texas Probate Code.

1-20           Sec. 531.122.  ADVISORY BOARD; MEMBERSHIP AND DUTIES.

1-21     (a)  The Guardianship Advisory Board shall advise the commission in

1-22     adopting standards under Section 531.124 and in administering the

1-23     commission's duties under this subchapter.

1-24           (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

2-26     presiding officer.

2-27           (c)  The advisory board shall develop and implement policies

 3-1     to provide the public with a reasonable opportunity to appear

 3-2     before the members of the advisory board and to speak on any issue

 3-3     under the jurisdiction of the advisory board.

 3-4           Sec. 531.124.  DUTIES.  (a)  With the advice of the advisory

 3-5     board, the commission shall:

 3-6                 (1)  adopt minimum standards for the provision of

 3-7     guardianship and related services by:

 3-8                       (A)  a guardianship program;

 3-9                       (B)  a person who provides guardianship and

3-10     related services on behalf of a guardianship program or local

3-11     guardianship center, including a person who serves as a volunteer

3-12     guardian; and

3-13                       (C)  a person who serves as a private

3-14     professional guardian; and

3-15                 (2)  develop and, subject to appropriations, implement

3-16     a plan to:

3-17                       (A)  ensure that each incapacitated individual in

3-18     this state who needs a guardianship or another less restrictive

3-19     type of assistance to make decisions concerning the incapacitated

3-20     individual's own welfare and financial affairs receives that

3-21     assistance; and

3-22                       (B)  foster the establishment and growth of local

3-23     volunteer guardianship programs.

3-24           (b)  The commission shall design the standards under

3-25     Subsection (a)(1) to protect the interests of an incapacitated

3-26     individual or other individual who needs assistance in making

3-27     decisions concerning the individual's own welfare or financial

 4-1     affairs.

 4-2           Sec. 531.125.  GRANTS.  The commission by rule may award

 4-3     grants to a local guardianship center to establish local volunteer

 4-4     guardianship programs.

 4-5           SECTION 2.  Not later than December 1, 1997, the statutory

 4-6     probate court judges shall appoint the initial members of the

 4-7     Guardianship Advisory Board.

 4-8           SECTION 3.  Not later than December 1, 1998, the Health and

 4-9     Human Services Commission shall report to the governor and the

4-10     legislature on the plan required under Section 531.124, Government

4-11     Code, as added by this Act.

4-12           SECTION 4.  This Act takes effect September 1, 1997.

4-13           SECTION 5.  The importance of this legislation and the

4-14     crowded condition of the calendars in both houses create an

4-15     emergency and an imperative public necessity that the

4-16     constitutional rule requiring bills to be read on three several

4-17     days in each house be suspended, and this rule is hereby suspended.