By Moncrief S.B. No. 586
75R1496 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Guardianship Advisory Board and the
1-3 establishment of local guardianship centers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 531, Government Code, is amended by
1-6 adding Subchapter D to read as follows:
1-7 SUBCHAPTER D. LOCAL GUARDIANSHIP CENTERS;
1-8 GUARDIANSHIP ADVISORY BOARD
1-9 Sec. 531.121. DEFINITIONS. In this subchapter:
1-10 (1) "Advisory board" means the Guardianship Advisory
1-11 Board.
1-12 (2) "Council" means the Guardianship Network Council.
1-13 (3) "Guardian" has the meaning assigned by Section
1-14 601, Texas Probate Code.
1-15 (4) "Guardianship program" has the meaning assigned by
1-16 Section 601, Texas Probate Code.
1-17 (5) "Incapacitated individual" means an adult who,
1-18 because of a physical or mental condition, is substantially unable
1-19 to:
1-20 (A) provide the individual's own food, clothing,
1-21 or shelter;
1-22 (B) care for the individual's own physical
1-23 health; or
1-24 (C) manage the individual's own financial
2-1 affairs.
2-2 (6) "Local guardianship center" means a guardianship
2-3 center established under Section 531.126.
2-4 (7) "Private professional guardian" has the meaning
2-5 assigned by Section 601, Texas Probate Code.
2-6 (8) "Statutory probate court" has the meaning assigned
2-7 by Section 601, Texas Probate Code.
2-8 Sec. 531.122. ADVISORY BOARD; MEMBERSHIP AND DUTIES. (a)
2-9 The Guardianship Advisory Board shall advise the commission in
2-10 adopting standards under Section 531.124 and in administering the
2-11 commission's duties under this subchapter other than Sections
2-12 531.126(a) and (b).
2-13 (b) The advisory board is composed of one representative of
2-14 each of the statutory probate courts, appointed by the respective
2-15 statutory probate court judge.
2-16 (c) In making an appointment under this section, a statutory
2-17 probate court judge must appoint an individual with demonstrated
2-18 experience working with:
2-19 (1) a guardianship program;
2-20 (2) an organization that advocates on behalf of or in
2-21 the interest of elderly individuals or individuals with mental
2-22 illness or mental retardation; or
2-23 (3) incapacitated individuals.
2-24 (d) A member of the advisory board serves at the pleasure of
2-25 the statutory probate court judge who appointed the member or the
2-26 judge's successor.
2-27 (e) The presiding judge of the statutory probate courts,
3-1 elected as provided by Chapter 25, may adopt rules as necessary for
3-2 operation of the advisory board.
3-3 (f) Sections 2 and 8, Article 6252-33, Revised Statutes, do
3-4 not apply to the advisory board.
3-5 Sec. 531.123. ADVISORY BOARD; OFFICERS AND MEETINGS. (a)
3-6 The advisory board shall elect from its members a presiding officer
3-7 and other officers considered necessary.
3-8 (b) The advisory board shall hold meetings quarterly.
3-9 Additional meetings may be held at the call of the presiding
3-10 officer.
3-11 (c) The advisory board shall develop and implement policies
3-12 to provide the public with a reasonable opportunity to appear
3-13 before the members of the advisory board and to speak on any issue
3-14 under the jurisdiction of the advisory board.
3-15 Sec. 531.124. ADOPTION OF STANDARDS. (a) With the advice
3-16 of the advisory board, the commission shall adopt:
3-17 (1) minimum standards for the provision of
3-18 guardianship and related services by:
3-19 (A) a local guardianship center;
3-20 (B) a guardianship program;
3-21 (C) a person who provides guardianship and
3-22 related services on behalf of a guardianship program or local
3-23 guardianship center, including a person who serves as a volunteer
3-24 guardian; and
3-25 (D) a person who serves as a private
3-26 professional guardian; and
3-27 (2) minimum standards for the operation of local
4-1 guardianship centers, including rules necessary to provide for
4-2 adequate supervision of the activities of a center.
4-3 (b) The commission shall design the standards under
4-4 Subsection (a) to protect the interests of an incapacitated
4-5 individual or other individual who needs assistance making
4-6 decisions concerning the individual's own welfare or financial
4-7 affairs.
4-8 (c) The rules adopted under Subsection (a)(2) must include a
4-9 procedure by which:
4-10 (1) the statutory probate court judges may review and
4-11 monitor the activities of a guardianship center under the
4-12 jurisdiction of the appropriate statutory probate court; and
4-13 (2) a statutory probate court judge who determines
4-14 that a guardianship center is not in compliance with the standards
4-15 adopted under this section may inform the commission of the
4-16 noncompliance and make recommendations to the guardianship center
4-17 regarding complying with the standard.
4-18 Sec. 531.125. GUARDIANSHIP NETWORK COUNCIL. (a) The
4-19 Guardianship Network Council shall advise the commission in
4-20 establishing local guardianship centers established under Section
4-21 531.126.
4-22 (b) The council is composed of four representatives of a
4-23 guardianship program and three statutory probate court judges,
4-24 appointed by the commissioner. A statutory probate court judge
4-25 appointed under this section may designate another individual to
4-26 serve on the council on behalf of and under the direction of the
4-27 judge.
5-1 (c) The council shall elect from its members a presiding
5-2 officer and any other officers considered necessary.
5-3 (d) A member of the council serves at the pleasure of the
5-4 commissioner or the commissioner's successor.
5-5 (e) The council shall hold meetings quarterly and may hold
5-6 other meetings called by the presiding officer.
5-7 (f) Section 8, Article 6252-33, Revised Statutes, does not
5-8 apply to the council.
5-9 (g) The council is abolished and this section expires on the
5-10 90th day after the date on which the commission establishes at
5-11 least one local guardianship center in each of the regions under
5-12 Section 531.126.
5-13 Sec. 531.126. ESTABLISHMENT OF LOCAL GUARDIANSHIP CENTERS.
5-14 (a) With the assistance of the council, the commission shall
5-15 establish at least one guardianship center in each of the uniform
5-16 regions established under Section 531.024.
5-17 (b) The commission may select a guardianship program
5-18 operating in a region as a guardianship center for the region.
5-19 (c) The commission shall consult and cooperate with the
5-20 governing body of municipalities, counties, or nonprofit
5-21 organizations in each of the regions concerning the development of
5-22 or support for a guardianship center.
5-23 (d) In establishing the guardianship centers, the commission
5-24 shall ensure to the extent possible that each incapacitated
5-25 individual in this state who needs a guardianship or another less
5-26 restrictive type of assistance to make decisions concerning the
5-27 incapacitated individual's own welfare or financial affairs
6-1 receives that assistance.
6-2 Sec. 531.127. DUTIES OF LOCAL GUARDIANSHIP CENTER. (a) A
6-3 local guardianship center shall:
6-4 (1) provide information regarding referral services
6-5 and matching or other funding available for guardianship and
6-6 related services in the region in which the center is located;
6-7 (2) establish a toll-free telephone number for public
6-8 access to the center and list the number in telephone directories
6-9 in the region in which the center is located; and
6-10 (3) subject to the availability of funds, provide
6-11 assistance to an individual who needs assistance to make a decision
6-12 concerning the individual's own welfare or financial affairs or
6-13 another individual's welfare or financial affairs, including filing
6-14 an application under Chapter XIII, Texas Probate Code, for
6-15 appointment as a guardian of the estate or person, or both, of an
6-16 individual if:
6-17 (A) the individual is incapacitated; and
6-18 (B) there is no person or entity willing or
6-19 eligible to file an application to be appointed the individual's
6-20 guardian.
6-21 (b) A local guardianship center may receive and monitor
6-22 complaints relating to the provision of guardianship and related
6-23 services through the toll-free telephone number.
6-24 (c) A local guardianship center shall observe the rules
6-25 adopted by the commission under Section 531.124.
6-26 SECTION 2. Section 646, Texas Probate Code, is amended to
6-27 read as follows:
7-1 Sec. 646. APPOINTMENT OF ATTORNEY AD LITEM AND INTERPRETER.
7-2 (a) In a proceeding under this chapter for the appointment of a
7-3 guardian for a person other than a missing person, the court shall
7-4 appoint an attorney ad litem to represent the interests of the
7-5 proposed ward. The attorney shall be supplied with copies of all
7-6 of the current records in the case and may have access to all of
7-7 the proposed ward's relevant medical, psychological, and
7-8 intellectual testing records.
7-9 (b) To be eligible for appointment as an attorney ad litem,
7-10 a person must have the certification required by Section 647A of
7-11 this code [be certified by the State Bar of Texas or a person or
7-12 other entity designated by the state bar as having successfully
7-13 completed a course of study in guardianship law and procedure
7-14 sponsored by the state bar or its designee].
7-15 (c) [For certification under Subsection (b) of this section,
7-16 the state bar shall require four hours of credit.]
7-17 [(d) A certificate issued under Subsection (b) of this
7-18 section expires on the second anniversary of the date the
7-19 certificate was issued.] A person whose certificate has expired
7-20 must obtain a new certificate to be eligible for appointment as an
7-21 attorney ad litem.
7-22 (d) [(f)] At the time of the appointment of the attorney ad
7-23 litem, the court shall also appoint a language interpreter or a
7-24 sign interpreter if necessary to ensure effective communication
7-25 between the proposed ward and the attorney.
7-26 SECTION 3. Subpart E, Part 2, Chapter XIII, Texas Probate
7-27 Code, is amended by adding Section 647A to read as follows:
8-1 Sec. 647A. CERTIFICATION REQUIREMENT FOR CERTAIN ATTORNEYS.
8-2 (a) To represent a proposed ward or guardian or other interested
8-3 person at a hearing to appoint a guardian, a person who is licensed
8-4 to practice law in this state must be certified by the State Bar of
8-5 Texas or a person or other entity designated by the state bar as
8-6 having successfully completed a course of study in guardianship law
8-7 and procedure sponsored by the state bar or its designee.
8-8 (b) For certification under this section, the state bar
8-9 shall require four hours of credit.
8-10 (c) Except as provided by Subsection (e) of this section, a
8-11 certificate issued under this section expires on the second
8-12 anniversary of the date the certificate is issued.
8-13 (d) An attorney whose certificate has expired must obtain a
8-14 new certificate to be eligible to represent a person described by
8-15 Subsection (a) of this section at a hearing to appoint a guardian.
8-16 (e) A new certificate obtained by a person who previously
8-17 has been issued a certificate under this section expires on the
8-18 fourth anniversary of the date the new certificate is issued if the
8-19 person has been certified each of the four years immediately
8-20 preceding the date the new certificate is issued.
8-21 SECTION 4. The changes in law made by Sections 2 and 3 of
8-22 this Act apply only to a proceeding for the appointment of a
8-23 guardian that is instituted on or after the effective date of this
8-24 Act. A proceeding for the appointment of a guardian that is
8-25 instituted before the effective date of this Act is governed by the
8-26 law in effect on the date the proceeding was instituted, and the
8-27 former law is continued in effect for that purpose.
9-1 SECTION 5. Not later than December 1, 1997, the statutory
9-2 probate court judges shall appoint the initial members of the
9-3 Guardianship Advisory Board and the commissioner of health and
9-4 human services shall appoint the initial members of the
9-5 Guardianship Network Council.
9-6 SECTION 6. This Act takes effect September 1, 1997.
9-7 SECTION 7. The importance of this legislation and the
9-8 crowded condition of the calendars in both houses create an
9-9 emergency and an imperative public necessity that the
9-10 constitutional rule requiring bills to be read on three several
9-11 days in each house be suspended, and this rule is hereby suspended.