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.