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Amend CSHB 920 as follows:
(1) In Article 2 of the bill, strike the recital to SECTION 2.07 (House committee report, page 31, lines 19 and 20) and
substitute the following:
SECTION 2.07. Sections 875(c) and (j), Texas Probate Code,
are amended to read as follows:
(c) A sworn, written application for the appointment of a
temporary guardian shall be filed before the court appoints a
temporary guardian. The application must state:
(1) the name and address of the person who is the
subject of the guardianship proceeding;
(2) the danger to the person or property alleged to be
imminent;
(3) the type of appointment and the particular
protection and assistance being requested;
(4) the facts and reasons supporting the allegations
and requests;
(5) the name, address, and qualification of the
proposed temporary guardian;
(6) the name, address, and interest of the applicant;
and
(7) if applicable, that the proposed temporary
guardian is a private professional guardian who is certified under
Subchapter C, Chapter 111, Government Code, and has complied with
the requirements of Section 697 of this code.
(2) In Article 2 of the bill, add the following
appropriately numbered SECTIONS and renumber subsequent SECTIONS
of the article accordingly:
SECTION 2.____. Sections 531.121(3) and (5), Government
Code, are amended to read as follows:
(3) "Guardianship program" has the meaning assigned by
Section 111.001 [601, Texas Probate Code].
(5) "Private professional guardian" has the meaning
assigned by Section 111.001 [601, Texas Probate Code].
SECTION 2.____. The heading to Section 531.122, Government
Code, is amended to read as follows:
Sec. 531.122. ADVISORY BOARD; MEMBERSHIP [AND DUTIES].
SECTION 2.____. Sections 531.122(a), (b), and (d),
Government Code, are amended to read as follows:
(a) The Guardianship Advisory Board [shall advise the
commission in adopting standards under Section 531.124 and in
administering the commission's duties under this subchapter.
[(b) The advisory board] is composed of one representative
from each of the health and human services regions, as defined by
the commission, three public representatives, and one
representative of the Department of Aging and Disability
[Protective and Regulatory] Services. The representatives of the
health and human services regions are appointed by a majority vote
of the judges of the statutory probate courts in each region. If a
health and human services region does not contain a statutory
probate court, the representative shall be appointed by a majority
vote of the judges of the statutory probate courts in the state.
The public representatives are appointed by the executive
commissioner and the representative of the Department of Aging and
Disability [Protective and Regulatory] Services is appointed by the
commissioner of aging and disability services [Board of Protective
and Regulatory Services].
(d) A member of the advisory board serves at the pleasure of
a majority of the judges of the statutory probate courts that
appointed the member, of the executive commissioner, or of the
commissioner of aging and disability services [Board of Protective
and Regulatory Services], as appropriate.
SECTION 2.____. Section 531.1235, Government Code, is
amended to read as follows:
Sec. 531.1235. ADVISORY BOARD; [ADDITIONAL] DUTIES;
STATEWIDE GUARDIANSHIP SYSTEM. (a) The advisory board shall
advise the commission in administering the commission's duties
under this subchapter. In addition [to performing the duties
described by Section 531.122], the advisory board shall:
(1) advise the commission and the Department of Aging
and Disability [Protective and Regulatory] Services with respect to
a statewide guardianship program and develop a proposal for a
statewide guardianship program; and
(2) review and comment on the guardianship policies of
all health and human services agencies and recommend changes to the
policies the advisory board considers necessary or advisable.
(b) The advisory board shall prepare an annual report with
respect to the recommendations of the advisory board under
Subsection (a). The advisory board shall file the report with the
commission, the Department of Aging and Disability [Protective and
Regulatory] Services, the governor, the lieutenant governor, and
the speaker of the house of representatives not later than December
15 of each year.
SECTION 2.____. Section 531.124, Government Code, is
amended to read as follows:
Sec. 531.124. COMMISSION DUTIES. (a) With the advice of
the advisory board, the commission shall[:
[(1) adopt minimum standards for the provision of
guardianship and related services by:
[(A) a guardianship program;
[(B) a person who provides guardianship and
related services on behalf of a guardianship program or local
guardianship center, including a person who serves as a volunteer
guardian; and
[(C) a person who serves as a private
professional guardian; and
[(2)] develop and, subject to appropriations,
implement a plan to:
(1) [(A)] ensure that each incapacitated individual in
this state who needs a guardianship or another less restrictive
type of assistance to make decisions concerning the incapacitated
individual's own welfare and financial affairs receives that
assistance; and
(2) [(B)] foster the establishment and growth of local
volunteer guardianship programs.
(b) [The commission shall design the standards under
Subsection (a)(1) to protect the interests of an incapacitated
individual or other individual who needs assistance in making
decisions concerning the individual's own welfare or financial
affairs.
[(c)] The advisory board shall annually review and comment
on the minimum standards adopted under Section 111.041 [Subsection
(a)(1)] and the plan implemented under Subsection (a)[(2)] and
shall include its conclusions in the report submitted under Section
531.1235.
SECTION 2.____. Section 601, Texas Probate Code, is amended
by adding Subdivision (12-a) and amending Subdivisions (13) and
(24) to read as follows:
(12-a) "Guardianship Certification Board" means the
Guardianship Certification Board established under Chapter 111,
Government Code.
(13) "Guardianship program" has the meaning assigned
by Section 111.001, Government Code [means a local, county, or
regional program that provides guardianship and related services to
an incapacitated person or other person who needs assistance in
making decisions concerning the person's own welfare or financial
affairs].
(24) "Private professional guardian" has the meaning
assigned by Section 111.001, Government Code [means a person, other
than an attorney or a corporate fiduciary, who is engaged in the
business of providing guardianship services].
SECTION 2.____. Section 682, Texas Probate Code, is amended
to read as follows:
Sec. 682. APPLICATION; CONTENTS. Any person may commence a
proceeding for the appointment of a guardian by filing a written
application in a court having jurisdiction and venue. The
application must be sworn to by the applicant and state:
(1) the name, sex, date of birth, and address of the
proposed ward;
(2) the name, relationship, and address of the person
the applicant desires to have appointed as guardian;
(3) whether guardianship of the person or estate, or
both, is sought;
(4) the nature and degree of the alleged incapacity,
the specific areas of protection and assistance requested, and the
limitation of rights requested to be included in the court's order
of appointment;
(5) the facts requiring that a guardian be appointed
and the interest of the applicant in the appointment;
(6) the nature and description of any guardianship of
any kind existing for the proposed ward in any other state;
(7) the name and address of any person or institution
having the care and custody of the proposed ward;
(8) the approximate value and description of the
proposed ward's property, including any compensation, pension,
insurance, or allowance to which the proposed ward may be entitled;
(9) the name and address of any person whom the
applicant knows to hold a power of attorney signed by the proposed
ward and a description of the type of power of attorney;
(10) if the proposed ward is a minor and if known by
the applicant:
(A) the name of each parent of the proposed ward
and state the parent's address or that the parent is deceased;
(B) the name and age of each sibling, if any, of
the proposed ward and state the sibling's address or that the
sibling is deceased; and
(C) if each of the proposed ward's parents and
siblings are deceased, the names and addresses of the proposed
ward's next of kin who are adults;
(11) if the proposed ward is a minor, whether the minor
was the subject of a legal or conservatorship proceeding within the
preceding two-year period and, if so, the court involved, the
nature of the proceeding, and the final disposition, if any, of the
proceeding;
(12) if the proposed ward is an adult and if known by
the applicant:
(A) the name of the proposed ward's spouse, if
any, and state the spouse's address or that the spouse is deceased;
(B) the name of each of the proposed ward's
parents and state the parent's address or that the parent is
deceased;
(C) the name and age of each of the proposed
ward's siblings, if any, and state the sibling's address or that the
sibling is deceased;
(D) the name and age of each of the proposed
ward's children, if any, and state the child's address or that the
child is deceased; and
(E) if the proposed ward's spouse and each of the
proposed ward's parents, siblings, and children are deceased, or,
if there is no spouse, parent, adult sibling, or adult child, the
names and addresses of the proposed ward's next of kin who are
adults;
(13) facts showing that the court has venue over the
proceeding; and
(14) if applicable, that the person whom the applicant
desires to have appointed as a guardian is a private professional
guardian who is certified under Subchapter C, Chapter 111,
Government Code, and has complied with the requirements of Section
697 of this code.
SECTION 2.____. Section 696, Texas Probate Code, is amended
to read as follows:
Sec. 696. APPOINTMENT OF PRIVATE PROFESSIONAL GUARDIANS. A
court may not appoint a private professional guardian to serve as a
guardian or permit a private professional guardian to continue to
serve as a guardian under this code if the private professional
guardian:
(1) has not complied with the requirements of Section
697 of this code; or
(2) is not certified as provided by Section 697B of
this code.
SECTION 2.____. Subpart A, Part 3, Texas Probate Code, is
amended by adding Sections 696A and 696B to read as follows:
Sec. 696A. APPOINTMENT OF PUBLIC GUARDIANS. (a) An
individual employed by or contracting with a guardianship program
must be certified as provided by Section 697B of this code to
provide guardianship services to a ward of the guardianship
program.
(b) An employee of the Department of Aging and Disability
Services must be certified, registered, or licensed as provided by
Section 697B of this code to provide guardianship services to a ward
of the department.
Sec. 696B. APPOINTMENT OF FAMILY MEMBERS OR FRIENDS. A
family member or friend of an incapacitated person is not required
to be certified under Subchapter C, Chapter 111, Government Code,
or any other law to serve as the person's guardian.
SECTION 2.____. Subsections (a), (c), and (e), Section 697,
Texas Probate Code, are amended to read as follows:
(a) A private professional guardian must apply annually to
the clerk of the county having venue over the proceeding for the
appointment of a guardian for a certificate of registration
[certification]. The application must include a sworn statement
containing the following information concerning a private
professional guardian or each person who represents or plans to
represent the interests of a ward as a guardian on behalf of the
private professional guardian:
(1) educational background and professional
experience;
(2) three or more professional references;
(3) the names of all of the wards the private
professional guardian or person is or will be serving as a guardian;
(4) the aggregate fair market value of the property of
all wards that is being or will be managed by the private
professional guardian or person;
(5) place of residence, business address, and business
telephone number; and
(6) whether the private professional guardian or
person has ever been removed as a guardian by the court or resigned
as a guardian in a particular case, and, if so, a description of the
circumstances causing the removal or resignation, and the style of
the suit, the docket number, and the court having jurisdiction over
the proceeding.
(c) The term of the registration [certification] begins on
the date that the requirements are met and extends through December
31 of the initial year. After the initial year of registration
[certification], the term of the registration [certification]
begins on January 1 and ends on December 31 of each year. A renewal
application must be completed during December of the year preceding
the year for which the renewal is requested.
(e) Not later than February 1 of each year, the clerk shall
submit to the Guardianship Certification Board and the Health and
Human Services Commission the names and business addresses of
private professional guardians who have satisfied the registration
[certification] requirements under this section during the
preceding year.
SECTION 2.____. Subpart A, Part 3, Texas Probate Code, is
amended by adding Sections 697A and 697B to read as follows:
Sec. 697A. LIST OF GUARDIANSHIP PROGRAMS MAINTAINED BY
COUNTY CLERKS. (a) Each guardianship program operating in a
county shall submit annually to the county clerk a statement
containing the name, address, and telephone number of each
individual employed by or volunteering or contracting with the
program to provide guardianship services to a ward or proposed ward
of the program.
(b) Not later than February 1 of each year, the county clerk
shall submit to the Guardianship Certification Board the
information received under this section during the preceding year.
Sec. 697B. CERTIFICATION REQUIREMENT FOR PRIVATE
PROFESSIONAL GUARDIANS, PUBLIC GUARDIANS, AND ATTORNEYS. (a) The
following persons must be certified under Subchapter C, Chapter
111, Government Code:
(1) an individual who is a private professional
guardian;
(2) an individual who will represent the interests of
a ward as a guardian on behalf of a private professional guardian;
(3) an individual providing guardianship services to a
ward of a guardianship program on the program's behalf, except as
provided by Subsection (d) of this section; and
(4) an attorney serving as the guardian of a ward who
is not a family member of the attorney.
(b) A person whose certification under Subchapter C,
Chapter 111, Government Code, has expired must obtain a new
certification under that subchapter to be allowed to provide or
continue to provide guardianship services to a ward under this
code.
(c) The court shall notify the Guardianship Certification
Board if the court becomes aware of a person who is not complying
with the terms of a certification issued under Subchapter C,
Chapter 111, Government Code, or with the standards and rules
adopted under that subchapter.
(d) An individual volunteering with a guardianship program
is not required to be certified as provided by this section to
provide guardianship services on the program's behalf.
(e) An employee of the Department of Aging and Disability
Services providing guardianship services to a ward of the
department must be certified, registered, or licensed as a guardian
by a national organization or association whose requirements are at
least as stringent as the certification requirements prescribed by
the Guardianship Certification Board under Subchapter C, Chapter
111, Government Code.
SECTION 2.____. Sections 698(a) and (c), Texas Probate
Code, are amended to read as follows:
(a) The clerk of the county having venue over the proceeding
for the appointment of a guardian shall obtain criminal history
record information that is maintained by the Department of Public
Safety or the Federal Bureau of Investigation identification
division relating to:
(1) a private professional guardian;
(2) each person who represents or plans to represent
the interests of a ward as a guardian on behalf of the private
professional guardian; [or]
(3) each person employed by a private professional
guardian who will:
(A) have personal contact with a ward or proposed
ward;
(B) exercise control over and manage a ward's
estate; or
(C) perform any duties with respect to the
management of a ward's estate; or
(4) each person employed by or volunteering or
contracting with a guardianship program to provide guardianship
services to a ward of the program on the program's behalf.
(c) The court shall use the information obtained under this
section only in determining whether to appoint, remove, or continue
the appointment of a private professional guardian or a
guardianship program.
SECTION 2.____. Title 2, Government Code, is amended by
adding Subtitle J to read as follows:
SUBTITLE J. GUARDIANSHIPS
CHAPTER 111. GUARDIANSHIP CERTIFICATION BOARD
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 111.001. DEFINITIONS. In this chapter:
(1) "Administrative director" means the
administrative director of the courts as appointed by Chapter 72.
(2) "Board" means the Guardianship Certification
Board.
(3) "Corporate fiduciary" has the meaning assigned by
Section 601, Texas Probate Code.
(4) "Director" means the administrative officer of the
board, as provided by Section 111.021.
(5) "Guardian" has the meaning assigned by Section
601, Texas Probate Code.
(6) "Guardianship program" means a local, county, or
regional program that provides guardianship and related services to
an incapacitated person or other person who needs assistance in
making decisions concerning the person's own welfare or financial
affairs.
(7) "Incapacitated person" has the meaning assigned by
Section 601, Texas Probate Code.
(8) "Office of Court Administration" means the Office
of Court Administration of the Texas Judicial System.
(9) "Private professional guardian" means a person,
other than an attorney or a corporate fiduciary, who is engaged in
the business of providing guardianship services.
(10) "Statutory probate court" has the meaning
assigned by Section 601, Texas Probate Code.
(11) "Ward" has the meaning assigned by Section 601,
Texas Probate Code.
Sec. 111.002. RULES. The supreme court may adopt rules
consistent with this chapter, including rules governing the
certification of individuals providing guardianship services.
Sec. 111.003. SUNSET PROVISION. The board is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the board is abolished and
this chapter expires September 1, 2015.
[Sections 111.004-111.010 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 111.011. BOARD. (a) The Guardianship Certification
Board is composed of:
(1) 11 members appointed by the presiding judge of the
statutory probate courts, elected as provided by Chapter 25; and
(2) four public members appointed by the supreme
court.
(b) The presiding judge of the statutory probate courts
shall appoint members under Subsection (a)(1) from the different
geographical areas of this state.
(c) To be eligible for appointment to the board other than
as a public member, an individual must have demonstrated experience
working with:
(1) a guardianship program;
(2) an organization that advocates on behalf of or in
the interest of elderly individuals;
(3) an organization that advocates on behalf of or in
the interest of individuals with mental illness or mental
retardation or individuals with physical disabilities; or
(4) incapacitated individuals.
(d) The public members of the board must be:
(1) caretakers of individuals with mental illness or
mental retardation or individuals with physical disabilities; or
(2) persons who advocate on behalf of or in the
interest of individuals with mental illness or mental retardation
or individuals with physical disabilities.
(e) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
(f) The members of the board serve for staggered six-year
terms, with the terms of one-third of the members expiring on
February 1 of each odd-numbered year. Board members receive no
compensation but are entitled to reimbursement of actual and
necessary expenses incurred in the performance of their duties.
(g) The board shall elect from among its members a presiding
officer and other officers considered necessary.
(h) The board shall meet at least quarterly at the call of
the presiding officer.
(i) Any action taken by the board must be approved by a
majority vote of the members present.
Sec. 111.012. ADMINISTRATIVE ATTACHMENT. (a) The board is
administratively attached to the Office of Court Administration.
(b) Notwithstanding any other law, the Office of Court
Administration shall:
(1) provide administrative assistance, services, and
materials to the board, including budget planning and purchasing;
(2) accept, deposit, and disburse money made available
to the board;
(3) pay the salaries and benefits of the director and
any employees employed under Section 111.021;
(4) reimburse the travel expenses and other actual and
necessary expenses of the board, director, and employees employed
under Section 111.021 incurred in the performance of a function of
the board, as provided by the General Appropriations Act; and
(5) provide the board with adequate computer equipment
and support.
Sec. 111.013. ELIGIBILITY OF PUBLIC MEMBERS. A person is
not eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is certified by the board;
(2) is registered, certified, or licensed by a
regulatory agency in the field of guardianship;
(3) is employed by or participates in the management
of a business entity or other organization regulated by the board or
receiving money from the Office of Court Administration;
(4) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the board or receiving money from the
Office of Court Administration; or
(5) uses or receives a substantial amount of tangible
goods, services, or funds from the Office of Court Administration,
other than compensation or reimbursement authorized by law for
board membership, attendance, or expenses.
Sec. 111.014. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.
(a) In this section, "Texas trade association" means a cooperative
and voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board or may not be
the director or an employee employed under Section 111.021 in a
"bona fide executive, administrative, or professional capacity,"
as that phrase is used for purposes of establishing an exemption to
the overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of
guardianship; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
guardianship.
(c) A person may not be a member of the board if the person
is required to register as a lobbyist under Chapter 305 because of
the person's activities for compensation on behalf of a profession
related to the operation of the board.
Sec. 111.015. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
ground for removal from the board that a member:
(1) does not have at the time of appointment the
qualifications required by Section 111.011;
(2) does not maintain during service on the board the
qualifications required by Section 111.011;
(3) is ineligible for membership under Section 111.013
or 111.014;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the presiding officer
of the board of the potential ground. The presiding officer shall
then notify the presiding judge of the statutory probate courts and
the chief justice of the supreme court that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the director shall notify the next highest
ranking officer of the board, who shall then notify the presiding
judge of the statutory probate courts and the chief justice of the
supreme court that a potential ground for removal exists.
Sec. 111.016. POWERS AND DUTIES OF BOARD. (a) The board is
charged with the executive functions necessary to carry out the
purposes of this chapter under rules adopted by the supreme court.
(b) The board shall:
(1) administer and enforce this chapter;
(2) develop and recommend proposed rules and
procedures to the supreme court as necessary to implement this
chapter;
(3) set the amount of each fee prescribed by Section
111.042, subject to the approval of the supreme court;
(4) establish the qualifications for obtaining
certification or recertification under Section 111.042;
(5) issue certificates to individuals who meet the
certification requirements of Section 111.042; and
(6) perform any other duty required by this chapter or
other law.
(c) The board may appoint any necessary or proper
subcommittee.
(d) The board shall maintain:
(1) a complete record of each board proceeding; and
(2) a complete record of each certification issued,
renewed, suspended, or revoked under Section 111.042.
Sec. 111.017. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the role and functions of the board;
(3) the current budget for the board;
(4) the results of the most recent formal audit of the
board; and
(5) any applicable ethics policies adopted by the
board.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 111.018. USE OF TECHNOLOGY. The Office of Court
Administration shall research and propose appropriate
technological solutions to improve the board's ability to perform
its functions. The technological solutions must:
(1) ensure that the public is able to easily find
information about the board on the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
board's planning processes.
Sec. 111.019. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
(a) The board shall develop and implement a policy to encourage the
use of appropriate alternative dispute resolution procedures to
assist in the resolution of internal and external disputes under
the board's jurisdiction.
(b) The procedures relating to alternative dispute
resolution under this section must conform, to the extent possible,
to any model guidelines issued by the State Office of
Administrative Hearings for the use of alternative dispute
resolution by state agencies.
Sec. 111.020. PUBLIC ACCESS. The board shall develop and
implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the board.
Sec. 111.021. DIRECTOR; EMPLOYEES FOR BOARD. (a) The
administrative director shall employ a director from a list of
candidates submitted by the board. The administrative director may
request an additional list of candidates if the administrative
director does not select any of the initial candidates recommended
by the board.
(b) The list may contain the hiring preference of the board.
(c) The director is the administrative officer of the board
and is charged with carrying out the duties and functions conferred
on the director by the board, this subchapter, and other law.
(d) The director may hire employees as necessary to assist
the board in performing its duties and functions.
Sec. 111.022. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the director and any employees employed under
Section 111.021.
Sec. 111.023. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The director or the director's designee shall provide
to members of the board and to any employees employed under Section
111.021, as often as necessary, information regarding the
requirements for office or employment under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
[Sections 111.024-111.040 reserved for expansion]
SUBCHAPTER C. REGULATION OF CERTAIN GUARDIANS
Sec. 111.041. STANDARDS FOR CERTAIN GUARDIANSHIPS AND
ALTERNATIVES TO GUARDIANSHIP. (a) The board shall adopt minimum
standards for the provision of guardianship services or other
similar but less restrictive types of assistance or services by:
(1) guardianship programs;
(2) private professional guardians; and
(3) attorneys.
(b) The board shall design the standards to protect the
interests of an incapacitated person or other person needing
assistance making decisions concerning the person's own welfare or
financial affairs.
Sec. 111.042. CERTIFICATION REQUIRED FOR CERTAIN
GUARDIANS. (a) To provide guardianship services in this state, the
following individuals must hold a certificate issued under this
section:
(1) an individual who is a private professional
guardian;
(2) an individual who will provide those services to a
ward of a private professional guardian on the guardian's behalf;
(3) an individual, other than a volunteer, who will
provide those services to a ward of a guardianship program on the
program's behalf; and
(4) An attorney who will provide those services to a
ward who is not a family member of the attorney.
(b) An applicant for a certificate under this section must:
(1) apply to the board on a form prescribed by the
board; and
(2) submit with the application a nonrefundable
application fee in an amount determined by the board, subject to the
approval of the supreme court.
(c) The supreme court may adopt rules and procedures for
issuing a certificate and for renewing, suspending, or revoking a
certificate issued under this section. Any rules adopted by the
supreme court under this section must:
(1) ensure compliance with the standards adopted under
Section 111.041;
(2) provide that the board establish qualifications
for obtaining and maintaining certification;
(3) provide that the board issue certificates under
this section;
(4) provide that a certificate expires on the second
anniversary of the date the certificate is issued;
(5) prescribe procedures for accepting complaints and
conducting investigations of alleged violations of the minimum
standards adopted under Section 111.041 or other terms of the
certification by certificate holders; and
(6) prescribe procedures by which the board, after
notice and hearing, may suspend or revoke the certificate of a
holder who fails to substantially comply with appropriate standards
or other terms of the certification.
(d) If the requirements for issuing a certificate under this
section include passage of an examination covering guardianship
education requirements:
(1) the board shall develop and the director shall
administer the examination; or
(2) the board shall direct the director to contract
with another person or entity the board determines has the
expertise and resources to develop and administer the examination.
(e) In lieu of the certification requirements imposed under
this section, the board may issue a certificate to an individual to
engage in business as a guardian or to provide guardianship
services in this state if the individual:
(1) submits an application to the board in the form
prescribed by the board;
(2) pays a fee in a reasonable amount determined by the
board, subject to the approval of the supreme court;
(3) is certified, registered, or licensed as a
guardian by a national organization or association the board
determines has requirements at least as stringent as those
prescribed by the board under this subchapter; and
(4) is in good standing with the organization or
association with whom the person is licensed, certified, or
registered.
(f) An application fee or other fee collected under this
section shall be deposited to the credit of the guardianship
certification account in the general revenue fund and may be
appropriated only to the Office of Court Administration for the
administration and enforcement of this chapter.
(g) The Texas Department of Licensing and Regulation shall
advise and assist the board as necessary in administering the
certification process established under this section.
Sec. 111.043. INFORMATION FROM PRIVATE PROFESSIONAL
GUARDIANS. In addition to the information submitted under Section
697(e), Texas Probate Code, the director may require a private
professional guardian or a person who represents or plans to
represent the interests of a ward as a guardian on behalf of the
private professional guardian to submit information considered
necessary to monitor the person's compliance with the applicable
standards adopted under Section 111.041 or with the certification
requirements of Section 111.042.
Sec. 111.044. ANNUAL DISCLOSURE. Not later than January 31
of each year, each guardianship program and private professional
guardian and each attorney required to be certified under this
subchapter shall provide to the board a report containing for the
preceding year:
(1) the total number of wards served by the
guardianship program, private professional guardian, or attorney,
as applicable;
(2) the total amount of money received from this state
for the provision of guardianship services; and
(3) the total amount of money received from any other
public source, including a county or the federal government, for
the provision of guardianship services.
SECTION 2.____. PROPOSED RULES AND PROCEDURES. Not later
than March 1, 2006, the Guardianship Certification Board
established under Chapter 111, Government Code, as added by this
Act, shall develop rules and procedures for consideration by the
supreme court as required by Chapter 111, Government Code, as added
by this Act.
SECTION 2.____. APPOINTMENT OF BOARD MEMBERS. (a) As soon
as practicable after the effective date of this Act, the presiding
judge of the statutory probate courts shall appoint 11 members to
the Guardianship Certification Board in accordance with Chapter
111, Government Code, as added by this Act. In making the initial
appointments, the presiding judge shall designate three members for
terms expiring February 1, 2007, four members for terms expiring
February 1, 2009, and four members for terms expiring February 1,
2011.
(b) As soon as practicable after the effective date of this
Act, the supreme court shall appoint four members to the
Guardianship Certification Board in accordance with Chapter 111,
Government Code, as added by this Act. In making the initial
appointments, the supreme court shall designate two members for
terms expiring February 1, 2007, one member for a term expiring
February 1, 2009, and one member for a term expiring February 1,
2011.
SECTION 2.____. EFFECTIVE DATE OF CERTIFICATION. A person
is not required to hold a certificate issued under Subchapter C,
Chapter 111, Government Code, as added by this Act, to provide or
continue to provide guardianship services to a ward before
September 1, 2007.