BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1483

                                                                                                                                        By: Naishtat

                                                                                                                                              Judiciary

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

A ward is vulnerable to a guardian, and it is in the state's interest to insure that persons appointed as guardians are persons of good character. The purpose of the bill is to facilitate the use of criminal background checks relating to potential guardians.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

The bill would add a new section to the Government Code which would permit the Guardian Certification Board to obtain criminal background information relating to a person applying for a certificate from the board and to use the information for purposes of issuing, renewing, denying or revoking a certificate. The information would not be permitted to be disclosed by the board without consent of the subject, and would be required to be destroyed after use for the authorized purposes.

 

EFFECTIVE DATE

 

Immediately on receipt of required vote; otherwise September 1, 2007.