79R3034 CLG-D
By: Uresti H.B. No. 920
A BILL TO BE ENTITLED
AN ACT
relating to protective and guardianship services for elderly and
disabled persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ADULT PROTECTIVE SERVICES
SECTION 1.01. Subchapter B, Chapter 40, Human Resources
Code, is amended by adding Section 40.0315 to read as follows:
Sec. 40.0315. INVESTIGATION UNIT FOR ADULT PROTECTIVE
SERVICES. (a) The adult protective services division of the
department shall maintain an investigation unit to investigate
allegations of abuse, neglect, and exploitation of elderly and
disabled persons reported to the division.
(b) An investigator in the unit shall determine whether an
elderly or disabled person who is the subject of a report made under
Section 48.051(a) may have suffered from abuse, neglect, or
exploitation as a result of the criminal conduct of another person.
If the investigator determines that criminal conduct may have
occurred, the investigator shall immediately notify the
appropriate law enforcement agency.
SECTION 1.02. Subchapter B, Chapter 40, Human Resources
Code, is amended by adding Sections 40.0322 and 40.0323 to read as
follows:
Sec. 40.0322. QUALIFICATIONS FOR ADULT PROTECTIVE SERVICES
PERSONNEL; RECRUITMENT. (a) In hiring department employees whose
duties include providing services as part of, or relating to, the
provision of adult protective services directly to an elderly or
disabled person, the commissioner shall ensure that the department
hires, as often as possible, persons with professional credentials
related to adult protective services, including persons who are
licensed master social workers, as defined by Section 505.002,
Occupations Code, or licensed professional counselors.
(b) Subject to the availability of funds, the executive
commissioner by rule shall develop and the department shall
implement a recruiting program designed to attract and retain for
employment in the adult protective services division persons with
professional credentials described by Subsection (a).
(c) Subject to the availability of funds, the executive
commissioner by rule shall develop and the department shall
implement an incentive program to encourage each department
employee whose duties include the duties described by Subsection
(a) to obtain professional credentials described by that subsection
if the employee does not have those credentials.
Sec. 40.0323. COORDINATION REGARDING RECRUITMENT FOR AND
CURRICULUM OF CERTAIN CERTIFICATE OR DEGREE PROGRAMS. The
department and the Texas Higher Education Coordinating Board
jointly shall develop strategies to:
(1) promote certificate or degree programs in the
fields of social work and psychology to individuals enrolled in or
admitted to institutions of higher education in this state; and
(2) ensure that persons receiving a certificate or
degree, including a graduate degree, in social work or psychology
from an institution of higher education in this state have the
knowledge and skills regarding protective services that are
provided directly to elderly or disabled persons and necessary for
successful employment by the adult protective services division of
the department.
SECTION 1.03. Subchapter B, Chapter 40, Human Resources
Code, is amended by adding Section 40.035 to read as follows:
Sec. 40.035. TRAINING PROGRAM FOR ADULT PROTECTIVE
SERVICES; CONTINUING EDUCATION. (a) The department shall develop
and implement a training program that each newly hired or assigned
department employee must complete before:
(1) initiating an investigation of a report of alleged
abuse, neglect, or exploitation of an elderly or disabled person
under Chapter 48; or
(2) providing protective services to elderly or
disabled persons under that chapter.
(b) The training program must:
(1) provide the person with appropriate comprehensive
information regarding:
(A) the incidence and types of reports of abuse,
neglect, and exploitation of elderly or disabled persons that are
received by the department, including information concerning false
reports; and
(B) the use and proper implementation of:
(i) the risk assessment criteria developed
under Section 48.004;
(ii) the criteria used by caseworkers to
determine whether elderly or disabled persons lack capacity to
consent to receive protective services; and
(iii) the legal procedures available under
Chapter 48 for the protection of elderly or disabled persons,
including the procedures for obtaining a court order for emergency
protective services under Section 48.208;
(2) include best practices for management of a case
from the intake process to the provision of protective services,
including criteria that specify the circumstances under which an
employee should:
(A) consult a supervisor regarding a case; or
(B) refer an elderly or disabled person to an
appropriate public agency or community service provider for
guardianship or other long-term services after the delivery of
protective services to that person has been completed;
(3) provide appropriate specialized training in any
necessary topics, including:
(A) investigation of suspected identity theft
and other forms of financial exploitation and suspected
self-neglect; and
(B) establishment and maintenance of working
relationships with community organizations and other local
providers who provide services to elderly and disabled persons;
(4) include on-the-job training, which must require
another department caseworker with more experience to accompany and
train the caseworker in the field for a three-month period;
(5) provide for the development of individualized
training plans;
(6) include training in working with law enforcement
agencies and the court system when legal intervention is sought for
investigations or emergency orders; and
(7) include testing, progress reports, or other
evaluations to assess the performance of trainees.
(c) The department at least annually shall provide
comprehensive case management training to supervisors of
department employees who conduct investigations under Chapter 48.
The training must be designed to enable the supervisors to provide
guidance on investigations of reports of alleged abuse, neglect, or
exploitation that are complex or present unique problems.
(d) The department shall develop and implement appropriate
continuing education programs for employees of the adult protective
services division who have completed initial training under this
section. The continuing education programs must be designed to
provide an annual update regarding changes in:
(1) adult protective services division policies and
procedures; and
(2) applicable law, including statutory changes
affecting the adult protective services division or elderly or
disabled persons served by the division.
(e) A department employee required to participate in a
continuing education program under this section must complete the
program at least once each calendar year.
(f) The department shall:
(1) make curriculum developed for a training or
continuing education program under this section readily available
to department employees in written form; and
(2) periodically revise a training and continuing
education program established under this section as necessary to
satisfy training needs identified by the department or department
employees.
SECTION 1.04. (a) Subchapter C, Chapter 40, Human
Resources Code, is amended by adding Section 40.0515 to read as
follows:
Sec. 40.0515. QUALITY ASSURANCE PROGRAM FOR ADULT
PROTECTIVE SERVICES; QUARTERLY REPORTS. (a) The department shall
develop and implement a quality assurance program for adult
protective services provided by or on behalf of the department.
(b) In developing the program, the department shall
establish:
(1) client-centered outcome measures for each of the
following functions of the adult protective services program:
(A) intake process;
(B) investigations;
(C) risk assessment determinations;
(D) delivery of protective services; and
(E) provision of guardianship services;
(2) minimum job performance standards for personnel
and each work department of the adult protective services division
of the department; and
(3) procedures for conducting periodic performance
reviews to monitor compliance with the standards established under
Subdivision (2).
(c) The department shall promptly address a person's or work
department's failure to meet minimum job performance standards
established under Subsection (b)(2):
(1) by issuing to the person or work department, as
appropriate, a corrective action plan detailing the actions
required to comply with the standards; or
(2) if necessary, through disciplinary action,
including a person's demotion or discharge, for repeated failure to
meet the standards.
(d) Each employee of the adult protective services division
must receive a performance evaluation required by Section 40.032(c)
at least annually. The department shall ensure that disciplinary
or other corrective action is taken against a supervisor or other
managerial employee who is required to conduct a performance
evaluation and fails to complete that evaluation in a timely
manner.
(e) A summary of the findings of outcome measures
established and performance reviews conducted under this section
must be reported to regional directors and other senior management
employees of the adult protective services division.
(f) Each fiscal quarter the department shall file with the
governor and the presiding officer of each house of the legislature
a report that includes:
(1) a comprehensive review of the adult protective
services division's overall performance during the preceding
quarter; and
(2) a summary of the adult protective services
division's performance during the preceding quarter on each of the
outcome measures established under Subsection (b)(1).
(b) The Department of Family and Protective Services shall
submit the initial report required under Section 40.0515, Human
Resources Code, as added by this section, not later than October 1,
2005.
SECTION 1.05. Subchapter C, Chapter 40, Human Resources
Code, is amended by adding Sections 40.0526 and 40.0527 to read as
follows:
Sec. 40.0526. DEPARTMENT TOLL-FREE NUMBER FOR COMPLAINTS.
The department shall maintain a toll-free telephone number to
receive and aid in resolving complaints regarding how department
employees handle reported allegations of abuse, neglect, and
exploitation.
Sec. 40.0527. PUBLIC AWARENESS. (a) The executive
commissioner of the Health and Human Services Commission by rule
shall develop and the department shall implement a statewide public
awareness campaign designed to educate the public regarding the
abuse, neglect, and exploitation of elderly and disabled persons.
(b) The department may use mass communications media, the
Internet, publications, or other means of public education in
conducting the campaign.
(c) A public awareness strategy implemented for the program
must include:
(1) the provision of information on the incidence and
types of reports of abuse, neglect, and exploitation of elderly or
disabled persons; and
(2) practices that can reduce the incidences of abuse,
neglect, and exploitation of elderly or disabled persons in this
state.
(d) The department shall enlist the support and assistance
of civic, philanthropic, and public service organizations in the
performance of the duties imposed under this section.
SECTION 1.06. Subchapter A, Chapter 48, Human Resources
Code, is amended by adding Section 48.004 to read as follows:
Sec. 48.004. RISK ASSESSMENT. The executive commissioner
of the Health and Human Services Commission by rule shall develop
and maintain risk assessment criteria for use by department
personnel in determining whether an elderly or disabled person is
in a state of abuse, neglect, or exploitation and needs protective
services. The criteria must provide for a comprehensive assessment
of the person's:
(1) environmental, physical, medical, mental health,
and financial condition; and
(2) social interaction and support.
SECTION 1.07. Section 48.151, Human Resources Code, is
amended by adding Subsections (c-1) and (c-2) to read as follows:
(c-1) Notwithstanding Section 531.048, Government Code, the
department shall assign to each newly hired or assigned
investigator of the investigation unit under Section 40.0315 who
has no previous experience in conducting investigations of abuse,
neglect, and exploitation a caseload that is significantly lower
than the caseload assigned to an investigator employed for more
than a year by the unit. The department shall increase the caseload
for new investigators in increments over a 12-month period.
(c-2) The department shall develop and implement a system to
ensure that, to the greatest extent possible, investigations
conducted by the department that involve especially complex issues
of abuse, neglect, or exploitation, such as issues associated with
identity theft and other forms of financial exploitation, are
assigned to personnel who have experience and training in those
issues.
SECTION 1.08. Sections 48.205(a) and (b), Human Resources
Code, are amended to read as follows:
(a) Subject to the availability of funds, the [The]
department shall [may] provide direct protective services or
contract with protective services agencies for the provision
[provisions] of those services.
(b) The department shall use existing resources and
services of public and private agencies in providing protective
services. If the department does not have existing resources to
provide direct protective services to elderly or disabled persons,
the department, subject to the availability of funds, shall
contract with protective services agencies for the provision of
those services, especially to elderly or disabled persons residing
in rural or remote areas of this state or not previously served by
the department.
SECTION 1.09. Section 48.208(b), Human Resources Code, is
amended to read as follows:
(b) If the department determines that an elderly or disabled
person is suffering from abuse, neglect, or exploitation presenting
a threat to life or physical safety, that the person lacks capacity
to consent to receive protective services, and that no consent can
be obtained, the department shall [may] petition the probate or
statutory or constitutional county court that has probate
jurisdiction in the county in which the elderly or disabled person
resides for an emergency order authorizing protective services.
SECTION 1.10. (a) Section 531.048, Government Code, is
amended by adding Subsection (g) to read as follows:
(g) The executive commissioner shall establish a caseload
management reduction plan to reduce, not later than January 1,
2011, caseloads for caseworkers employed by the adult protective
services division of the Department of Family and Protective
Services to a level that does not exceed professional caseload
standards by more than five cases per caseworker. The plan must
provide specific annual targets for caseload reduction.
(b) Not later than January 1, 2006, the executive
commissioner of the Health and Human Services Commission shall
adopt rules establishing the caseload management reduction plan
required by Section 531.048(g), Government Code, as added by this
section.
(c) Not later than December 31 of each even-numbered year,
the executive commissioner of the Health and Human Services
Commission shall prepare a report regarding the implementation of
the plan required by Section 531.048(g), Government Code, as added
by this section. The report must include an assessment of the
effect of the plan on reducing caseloads and the amount of funding
necessary to fully implement the plan during the next biennium. The
executive commissioner shall submit the report to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the presiding officer of each house and senate standing
committee having jurisdiction over adult protective services.
SECTION 1.11. PILOT PROGRAM FOR MONITORING CERTAIN
UNLICENSED LONG-TERM CARE FACILITIES. (a) In this section:
(1) "Disabled person" has the meaning assigned by
Section 48.002, Human Resources Code.
(2) "Elderly person" has the meaning assigned by
Section 48.002, Human Resources Code.
(3) "Long-term care facility" means:
(A) a nursing home or related institution;
(B) an assisted living facility;
(C) an ICF-MR, as defined by Section 531.002,
Health and Safety Code;
(D) a community home subject to Chapter 123,
Human Resources Code; or
(E) any other residential arrangement that
provides care to four or more adults who are unrelated to the
proprietor of the establishment.
(b) The executive commissioner of the Health and Human
Services Commission by rule shall develop and implement a pilot
program in which local task forces composed of health care
providers, representatives from governmental entities, and local
government officials are created to:
(1) identify, through a coordination of efforts and
resources, persons establishing or operating:
(A) long-term care facilities providing personal
care services, health-related services, or other care to elderly or
disabled persons without being licensed or providing disclosures as
required by state law; or
(B) residential facilities or arrangements
providing personal care services or other care in violation of
state law to three or fewer elderly or disabled persons who are
unrelated to the proprietor of the establishment; and
(2) take appropriate action necessary to:
(A) report the facilities or arrangements
described by Subdivision (1) of this subsection to the appropriate
state regulatory agencies or local law enforcement agencies;
(B) assist, whenever practicable, a long-term
care facility described by Subdivision (1)(A) of this subsection in
obtaining the appropriate licensure or making the appropriate
disclosures on request of the facility; and
(C) assist, if it is feasible and practicable, a
facility or arrangement described by Subdivision (1)(B) of this
subsection in complying with applicable regulatory requirements of
state or local law.
(c) Not later than January 1, 2006, the executive
commissioner of the Health and Human Services Commission shall
implement the pilot program in at least one rural area and one urban
area of this state.
(d) Not later than January 1, 2007, the Health and Human
Services Commission shall submit a report on the status and
progress of the pilot program to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
presiding officer of each house and senate standing committee
having jurisdiction over adult protective services. The report
must include a recommendation regarding the advisability of
expanding the pilot program statewide.
(e) This section expires September 1, 2007.
ARTICLE 2. GUARDIANSHIP AND RELATED SERVICES
SECTION 2.01. The heading to Subchapter E, Chapter 48,
Human Resources Code, is amended to read as follows:
SUBCHAPTER E. PROVISION OF SERVICES; [GUARDIANSHIP SERVICES;]
EMERGENCY PROTECTION
SECTION 2.02. The heading to Section 48.209, Human
Resources Code, is amended to read as follows:
Sec. 48.209. GUARDIANSHIP RELATED SERVICES
[GUARDIANSHIPS].
SECTION 2.03. Sections 48.209(a), (b), and (c), Human
Resources Code, are amended to read as follows:
(a) The department shall file an application under Section
682 or 875, Texas Probate Code, for a suitable person other than the
department to be appointed guardian of the person or estate, or
both, of an individual who is a minor, is a conservatee of the
department, and, because of a physical or mental condition, will be
substantially unable to provide food, clothing, or shelter for
himself or herself, to care for the individual's own physical
health, or to manage the individual's own financial affairs when
the individual becomes an adult. If a less restrictive alternative
to guardianship is available for an individual, the department
shall pursue the alternative instead of filing the application
[applying for appointment as a guardian].
(b) As a last resort, the department may apply for a
suitable person other than the department to be appointed guardian
of the person or estate, or both, of an elderly or disabled person
who is found by the department to be in a state of abuse, neglect, or
exploitation, and who, because of a physical or mental condition,
will be substantially unable to provide food, clothing, or shelter
for himself or herself, to care for the individual's own physical
health, or to manage the individual's own financial affairs. [A
representative of the department shall take the oath required by
the Texas Probate Code on behalf of the department if the department
is appointed guardian.] If the department is aware of any [knows
that an] individual who is willing and able to serve as the
guardian, the department shall [may] inform the court of that
individual's willingness and ability.
(c) [If appropriate, the department may contract with a
political subdivision of this state, a private agency, or another
state agency for the provision of guardianship services under this
section.] The department [or a political subdivision of the state
or state agency with which the department contracts under this
section] is not required to [post a bond or] pay any cost or fee
otherwise required by the Texas Probate Code, including a fee
associated with the appointment of a guardian ad litem or attorney
ad litem.
SECTION 2.04. Section 161.071, Human Resources Code, is
amended to read as follows:
Sec. 161.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. The
department is responsible for administering human services
programs for the aging and disabled, including:
(1) administering and coordinating programs to
provide community-based care and support services to promote
independent living for populations that would otherwise be
institutionalized;
(2) providing institutional care services, including
services through convalescent and nursing homes and related
institutions under Chapter 242, Health and Safety Code;
(3) providing and coordinating programs and services
for persons with disabilities, including programs for the
treatment, rehabilitation, or benefit of persons with
developmental disabilities or mental retardation;
(4) operating state facilities for the housing,
treatment, rehabilitation, or benefit of persons with
disabilities, including state schools for persons with mental
retardation;
(5) serving as the state unit on aging required by the
federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.)
and its subsequent amendments, including performing the general
functions under Section 101.022 to ensure:
(A) implementation of the federal Older
Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its
subsequent amendments, including implementation of services and
volunteer opportunities under that Act for older residents of this
state through area agencies on aging;
(B) advocacy for residents of nursing facilities
through the office of the state long-term care ombudsman;
(C) fostering of the state and community
infrastructure and capacity to serve older residents of this state;
and
(D) availability of a comprehensive resource for
state government and the public on trends related to and services
and programs for an aging population;
(6) performing all licensing and enforcement
activities and functions related to long-term care facilities,
including licensing and enforcement activities related to
convalescent and nursing homes and related institutions under
Chapter 242, Health and Safety Code;
(7) performing all licensing and enforcement
activities related to assisted living facilities under Chapter 247,
Health and Safety Code;
(8) performing all licensing and enforcement
activities related to intermediate care facilities for persons with
mental retardation under Chapter 252, Health and Safety Code; [and]
(9) performing all licensing and enforcement
activities and functions related to home and community support
services agencies under Chapter 142, Health and Safety Code; and
(10) serving as last resort as the guardian of the
person or estate, or both, of an incapacitated person under Chapter
XIII, Texas Probate Code.
SECTION 2.05. Subchapter D, Chapter 161, Human Resources
Code, is amended by adding Section 161.074 to read as follows:
Sec. 161.074. GUARDIANSHIP SERVICES AS LAST RESORT. (a) A
representative of the department shall take the oath required by
the Texas Probate Code on behalf of the department if the department
is appointed guardian of the person or estate, or both, of a ward
under Chapter XIII of that code.
(b) The department is not required to post a bond or pay any
cost or fee associated with a guardianship proceeding under the
Texas Probate Code, including any fee associated with the
appointment of a guardian ad litem or attorney ad litem.
(c) If the department is appointed guardian, the department
is not liable for funding services provided to the department's
ward, including long-term care or burial expenses.
(d) If the department becomes aware of any person's
willingness and ability to serve as successor guardian, the
department shall notify the court in which the guardianship is
pending as required by Section 695A, Texas Probate Code.
SECTION 2.06. Section 677, Texas Probate Code, is amended
by adding Subsection (f) to read as follows:
(f) If there is no eligible person willing and able to serve
as guardian, the court shall determine whether it is in the adult
individual's best interests to appoint as guardian a guardianship
program, a private professional guardian, or, as last resort, the
Department of Aging and Disability Services. Before appointing the
department as guardian, the court must enter a specific finding
that the department is the most suitable person to serve as guardian
for the proposed ward and that the appointment is in the best
interest of the proposed ward.
SECTION 2.07. Section 684, Texas Probate Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Before appointing a guardian and except as provided by
Subsection (b-1) of this section, the court must find by a
preponderance of the evidence that:
(1) the court has venue of the case;
(2) the person to be appointed guardian is eligible to
act as guardian and is entitled to appointment, or, if no eligible
person entitled to appointment applies, the person appointed is:
(A) a proper person to act as guardian; and
(B) the most suitable person to serve as guardian
for the proposed ward;
(3) if a guardian is appointed for a minor, the
guardianship is not created for the primary purpose of enabling the
minor to establish residency for enrollment in a school or school
district for which the minor is not otherwise eligible for
enrollment; and
(4) the proposed ward is totally without capacity as
provided by this code to care for himself or herself and to manage
the individual's property, or the proposed ward lacks the capacity
to do some, but not all, of the tasks necessary to care for himself
or herself or to manage the individual's property.
(b-1) Before appointing the Department of Aging and
Disability Services as guardian, the court, in addition to making
the findings required by Subsection (a) of this section, must:
(1) make the findings required by Subsections (b)(1),
(b)(3), and (b)(4) of this section; and
(2) find by clear and convincing evidence that the
department is the person most suitable to serve as guardian of the
proposed ward and that the appointment is in the proposed ward's
best interest.
SECTION 2.08. Subpart A, Part 3, Chapter XIII, Texas
Probate Code, is amended by adding Section 691 to read as follows:
Sec. 691. STATE AS GUARDIAN OF LAST RESORT. Except as a
last resort, the court may not appoint the Department of Aging and
Disability Services or another state entity to serve as guardian of
the person or estate, or both, of an incapacitated person.
SECTION 2.09. Section 693, Texas Probate Code, is amended
by adding Subsection (f) to read as follows:
(f) An order appointing the Department of Aging and
Disability Services as guardian must specify that the department is
the most suitable person to serve as guardian for the proposed ward
and that the appointment is in the best interest of the proposed
ward.
SECTION 2.10. Section 695A, Texas Probate Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) If, while serving as a guardian for a ward under this
chapter, the Department of Aging and Disability Services becomes
aware of a guardianship program or private professional guardian
willing and able to serve as the ward's successor guardian and the
department is not aware of a family member or friend of the ward or
any other interested person who is willing and able to serve as the
ward's successor guardian, the department shall notify the court in
which the guardianship is pending of the guardianship program's or
private professional guardian's willingness and ability to serve.
SECTION 2.11. TRANSFERS TO THE DEPARTMENT OF AGING AND
DISABILITY SERVICES. (a) On September 1, 2005:
(1) all powers, duties, functions, programs, and
activities of the Department of Family and Protective Services
related to providing guardianship services for incapacitated
persons under Chapter 48, Human Resources Code, Chapter XIII, Texas
Probate Code, or other law are transferred to the Department of
Aging and Disability Services;
(2) all employees of the Department of Family and
Protective Services who primarily perform duties related to
providing guardianship services for incapacitated persons under
Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code,
or other law become employees of the Department of Aging and
Disability Services;
(3) a rule or form adopted by the executive
commissioner of the Health and Human Services Commission that
relates to the provision of guardianship services by the Department
of Family and Protective Services for incapacitated persons under
Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code,
or other law, as those laws existed immediately before that date, is
a rule or form of the Department of Aging and Disability Services
and remains in effect until altered by the executive commissioner;
(4) a reference in law to the Department of Family and
Protective Services that relates to providing guardianship
services for incapacitated persons under Chapter 48, Human
Resources Code, Chapter XIII, Texas Probate Code, or other law
means the Department of Aging and Disability Services;
(5) a waiver in effect that was issued by the
Department of Family and Protective Services Commission relating to
the provision of guardianship services for incapacitated persons
under Chapter 48, Human Resources Code, Chapter XIII, Texas Probate
Code, or other law is continued in effect as a waiver of the
Department of Aging and Disability Services;
(6) a proceeding involving the Department of Family
and Protective Services that is related to providing guardianship
services for incapacitated persons under Chapter 48, Human
Resources Code, Chapter XIII, Texas Probate Code, or other law is
transferred without change in status to the Department of Aging and
Disability Services, and the Department of Aging and Disability
Services assumes, without a change in status, the position of the
Department of Family and Protective Services in a proceeding
relating to guardianship matters to which the Department of Family
and Protective Services is a party;
(7) all money, contracts, leases, rights, and
obligations of the Department of Family and Protective Services
related to providing guardianship services for incapacitated
persons under Chapter 48, Human Resources Code, Chapter XIII, Texas
Probate Code, or other law are transferred to the Department of
Aging and Disability Services, subject to Subsection (b) of this
section;
(8) all property and records in the custody of the
Department of Family and Protective Services related to providing
guardianship services for incapacitated persons under Chapter 48,
Human Resources Code, Chapter XIII, Texas Probate Code, or other
law shall be transferred to the Department of Aging and Disability
Services; and
(9) all funds appropriated by the legislature to the
Department of Family and Protective Services for purposes related
to providing guardianship services for incapacitated persons under
Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code,
or other law are transferred to the Department of Aging and
Disability Services.
(b) The Department of Aging and Disability Services shall
administer a contract of the Department of Family and Protective
Services transferred under Subsection (a)(7) of this section until
the contract expires or is otherwise lawfully terminated. The
Department of Aging and Disability Services, however, may not renew
the contract.
SECTION 2.12. TRANSITION PLAN. The executive commissioner
of the Health and Human Services Commission shall establish a plan
for the transfer of guardianship cases of the Department of Family
and Protective Services to the Department of Aging and Disability
Services on or before the period prescribed by the executive
commissioner.
SECTION 2.13. Sections 48.209(d), (e), and (f), Human
Resources Code, are repealed.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect September 1, 2005.