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A BILL TO BE ENTITLED
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AN ACT
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relating to the obtaining of criminal history record information in |
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a guardianship matter or proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 698(a), (c), and (e), Texas Probate |
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Code, are amended to read as follows: |
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(a) The clerk of the county having venue over the proceeding |
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for the appointment of a guardian shall obtain criminal history |
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record information that is maintained by the Department of Public |
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Safety or the Federal Bureau of Investigation identification |
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division relating to: |
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(1) a private professional guardian; |
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(2) each person who represents or plans to represent |
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the interests of a ward as a guardian on behalf of the private |
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professional guardian; |
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(3) each person employed by a private professional |
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guardian who will: |
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(A) have personal contact with a ward or proposed |
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ward; |
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(B) exercise control over and manage a ward's |
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estate; or |
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(C) perform any duties with respect to the |
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management of a ward's estate; |
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(4) each person employed by or volunteering or |
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contracting with a guardianship program to provide guardianship |
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services to a ward of the program on the program's behalf; [or] |
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(5) an employee of the Department of Aging and |
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Disability Services who is or will be providing guardianship |
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services to a ward of the department; or |
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(6) any other person proposed to serve as a guardian |
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under this chapter, including a proposed temporary guardian and a |
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proposed successor guardian. |
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(c) The court shall use the information obtained under this |
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section only in determining whether to: |
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(1) appoint, remove, or continue the appointment of a |
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private professional guardian, a guardianship program, or the |
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Department of Aging and Disability Services; or |
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(2) appoint any other person proposed to serve as a |
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guardian under this chapter, including a proposed temporary |
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guardian and a proposed successor guardian. |
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(e) The clerk may charge a $10 [reasonable] fee [sufficient] |
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to recover the costs of obtaining criminal history information |
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records authorized by Subsection (a) of this section. |
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SECTION 2. Section 411.1386, Government Code, is amended to |
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read as follows: |
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Sec. 411.1386. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: COURT CLERK; GUARDIANSHIPS. (a) The clerk of the |
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county having venue over a proceeding for the appointment of a |
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guardian under Chapter XIII [13], Texas Probate Code, shall [is
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entitled to] obtain from the department criminal history record |
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information maintained by the department that relates to: |
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(1) a private professional guardian; |
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(2) each person who represents or plans to represent |
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the interests of a ward as a guardian on behalf of the private |
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professional guardian; [or] |
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(3) each person employed by a private professional |
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guardian who will: |
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(A) have personal contact with a ward or proposed |
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ward; |
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(B) exercise control over and manage a ward's |
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estate; or |
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(C) perform any duties with respect to the |
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management of a ward's estate; |
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(4) each person employed by or volunteering or |
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contracting with a guardianship program to provide guardianship |
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services to a ward of the program on the program's behalf; |
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(5) an employee of the Department of Aging and |
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Disability Services who is or will be providing guardianship |
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services to a ward of the department; or |
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(6) any other person proposed to serve as a guardian |
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under Chapter XIII, Texas Probate Code, including a proposed |
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temporary guardian and a proposed successor guardian. |
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(b) Criminal history record information obtained by a clerk |
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under Subsection (a) is for the exclusive use of the court and is |
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privileged and confidential [may be used only in determining
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whether to appoint, remove, or continue the appointment of a
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private professional guardian]. |
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(c) Criminal history record information obtained by a clerk |
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under Subsection (a) may not be released or disclosed to any person |
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or agency except on court order or with the consent of the person |
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who is the subject of the information. The clerk may destroy the |
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criminal history record information after the information is used |
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for the purposes authorized by this section. |
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(d) The court, as that term is defined by Section 601, Texas |
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Probate Code, shall use the information obtained by a clerk under |
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Subsection (a) only in determining whether to: |
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(1) appoint, remove, or continue the appointment of a |
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private professional guardian, a guardianship program, or the |
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Department of Aging and Disability Services; or |
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(2) appoint any other person proposed to serve as a |
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guardian under Chapter XIII, Texas Probate Code, including a |
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proposed temporary guardian and a proposed successor guardian. |
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(e) A person commits an offense if the person releases or |
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discloses any information received under this section without the |
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authorization prescribed by Subsection (c). An offense under this |
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subsection is a Class A misdemeanor. |
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(f) The clerk may charge a $10 fee to recover the costs of |
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obtaining criminal history information records authorized by |
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Subsection (a). |
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SECTION 3. The change in law made by this Act: |
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(1) by the amendment of Section 411.1386(a), |
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Government Code, other than the addition of Subdivision (6) to that |
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subsection, is made to conform to Section 698(a), Texas Probate |
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Code, as that subsection existed immediately before the effective |
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date of this Act; |
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(2) by the amendment of Section 411.1386(b), |
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Government Code, and the addition of Section 411.1386(e), |
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Government Code, is made to conform to Sections 698(b) and (d), |
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Texas Probate Code, as those subsections existed immediately before |
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the effective date of this Act; and |
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(3) by the addition of Section 411.1386(d)(1), |
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Government Code, is made to conform to Section 698(c), Texas |
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Probate Code, as that subsection existed immediately before the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2007. |