|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to criminal history record information for certain |
|
|
guardianship services and to lists of certain public guardians. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 697A, Texas Probate Code, |
|
|
is amended to read as follows: |
|
|
Sec. 697A. LIST OF CERTAIN PUBLIC GUARDIANS MAINTAINED BY |
|
|
COUNTY CLERKS OR GUARDIANSHIP CERTIFICATION BOARD. |
|
|
SECTION 2. Subsections (b) and (c), Section 697A, Texas |
|
|
Probate Code, are amended to read as follows: |
|
|
(b) Not later than February 1 of each year, the [The] |
|
|
Department of Aging and Disability Services[, if the department
|
|
|
files an application for and is appointed to serve as guardian for
|
|
|
one or more incapacitated persons residing in the county as
|
|
|
provided by Subchapter E, Chapter 161, Human Resources Code,] shall |
|
|
submit [annually] to the Guardianship Certification Board a |
|
|
statement containing: |
|
|
(1) the name, address, and telephone number of each |
|
|
department employee who is or will be providing guardianship |
|
|
services to a ward or proposed ward on behalf of the department; and |
|
|
(2) the name of the county or counties in which each |
|
|
employee named in Subdivision (1) of this subsection is providing |
|
|
or is authorized to provide those services [county clerk the
|
|
|
information required under Subsection (a) of this section for each
|
|
|
department employee who is or will be providing guardianship
|
|
|
services in the county on the department's behalf]. |
|
|
(c) Not later than February 1 of each year, the county clerk |
|
|
shall submit to the Guardianship Certification Board the |
|
|
information received under Subsection (a) of this section during |
|
|
the preceding year. |
|
|
SECTION 3. Section 698, Texas Probate Code, is amended by |
|
|
amending Subsections (a), (b), and (d) and adding Subsections |
|
|
(a-1), (a-2), (a-3), (a-4), (b-1), (c-1), and (f) 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; |
|
|
(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[; or
|
|
|
[(5) an employee of the Department of Aging and
|
|
|
Disability Services who is or will be providing guardianship
|
|
|
services to a ward of the department]. |
|
|
(a-1) The Department of Aging and Disability Services 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 each individual |
|
|
who is or will be providing guardianship services to a ward of the |
|
|
department, including: |
|
|
(1) an employee of or an applicant selected for an |
|
|
employment position with the Department of Aging and Disability |
|
|
Services; |
|
|
(2) a volunteer or an applicant selected to volunteer |
|
|
with the Department of Aging and Disability Services; |
|
|
(3) an employee of or an applicant selected for an |
|
|
employment position with a business entity or other person that |
|
|
contracts with the Department of Aging and Disability Services to |
|
|
provide guardianship services to a ward of the department; and |
|
|
(4) a volunteer or an applicant selected to volunteer |
|
|
with a business entity or other person described by Subdivision (3) |
|
|
of this subsection. |
|
|
(a-2) The information in Subsection (a-1) of this section |
|
|
regarding applicants for employment positions must be obtained |
|
|
before an offer of employment, and the information regarding |
|
|
applicant volunteers must be obtained before the person's contact |
|
|
with a ward of the Department of Aging and Disability Services. |
|
|
(a-3) The information in Subsection (a-1) of this section |
|
|
regarding employees or volunteers providing guardianship services |
|
|
must be obtained annually. |
|
|
(a-4) The Department of Aging and Disability Services shall |
|
|
provide the information obtained under Subsection (a-1) of this |
|
|
section to: |
|
|
(1) the clerk of the county having venue over the |
|
|
guardianship proceeding at the request of the court; or |
|
|
(2) the Guardianship Certification Board at the |
|
|
request of the board. |
|
|
(b) The criminal history record information obtained under |
|
|
Subsection (a) of this section is for the exclusive use of the court |
|
|
and is privileged and confidential. The criminal history record |
|
|
information may not be released or otherwise disclosed to any |
|
|
person or agency except on court order or consent of the person |
|
|
being investigated. The county clerk may destroy the criminal |
|
|
history information records after the records are used for the |
|
|
purposes authorized by this section. |
|
|
(b-1) The criminal history record information obtained |
|
|
under Subsection (a-4) of this section is for the exclusive use of |
|
|
the court or Guardianship Certification Board, as appropriate, and |
|
|
is privileged and confidential. The information may not be |
|
|
released or otherwise disclosed to any person or agency except on |
|
|
court order or consent of the person being investigated. The county |
|
|
clerk or Guardianship Certification Board may destroy the criminal |
|
|
history record information after the information is used for the |
|
|
purposes authorized by this section. |
|
|
(c-1) Criminal history record information obtained by the |
|
|
Guardianship Certification Board under Subsection (a-4)(2) of this |
|
|
section may be used for any purpose related to the issuance, denial, |
|
|
renewal, suspension, or revocation of a certificate issued by the |
|
|
board. |
|
|
(d) A person commits an offense if the person releases or |
|
|
discloses any information received under this section without the |
|
|
authorization prescribed by Subsection (b) or (b-1) of this |
|
|
section. An offense under this subsection is a Class A misdemeanor. |
|
|
(f) This section does not prohibit the Department of Aging |
|
|
and Disability Services from obtaining and using criminal history |
|
|
record information as provided by other law. |
|
|
SECTION 4. Section 411.1386, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 411.1386. ACCESS TO CRIMINAL HISTORY RECORD |
|
|
INFORMATION: COURT CLERK; DEPARTMENT OF AGING AND DISABILITY |
|
|
SERVICES; GUARDIANSHIPS. (a) The clerk of the county having venue |
|
|
over a proceeding for the appointment of a guardian under Chapter |
|
|
XIII [13], Texas Probate Code, shall [is entitled to] obtain from |
|
|
the department criminal history record information maintained by |
|
|
the department that relates 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. |
|
|
(a-1) The Department of Aging and Disability Services shall |
|
|
obtain from the Department of Public Safety criminal history record |
|
|
information maintained by the Department of Public Safety that |
|
|
relates to each individual who is or will be providing guardianship |
|
|
services to a ward of the Department of Aging and Disability |
|
|
Services, including: |
|
|
(1) an employee of or an applicant selected for an |
|
|
employment position with the Department of Aging and Disability |
|
|
Services; |
|
|
(2) a volunteer or an applicant selected to volunteer |
|
|
with the Department of Aging and Disability Services; |
|
|
(3) an employee of or an applicant selected for an |
|
|
employment position with a business entity or other person that |
|
|
contracts with the Department of Aging and Disability Services to |
|
|
provide guardianship services to a ward of the department; and |
|
|
(4) a volunteer or an applicant selected to volunteer |
|
|
with a business entity or person described by Subdivision (3). |
|
|
(a-2) The information in Subsection (a-1) regarding |
|
|
applicants for employment positions must be obtained before an |
|
|
offer of employment, and the information regarding applicant |
|
|
volunteers must be obtained before the person's contact with a ward |
|
|
of the Department of Aging and Disability Services. |
|
|
(a-3) The information in Subsection (a-1) regarding |
|
|
employees or volunteers providing guardianship services must be |
|
|
obtained annually. |
|
|
(a-4) The Department of Aging and Disability Services shall |
|
|
provide the information obtained under Subsection (a-1) to: |
|
|
(1) the clerk of the county having venue over the |
|
|
guardianship proceeding at the request of the court; or |
|
|
(2) the Guardianship Certification Board at the |
|
|
request of the board. |
|
|
(b) Criminal history record information obtained by a clerk |
|
|
under Subsection (a) is for the exclusive use of the court and is |
|
|
privileged and confidential [may be used only in determining
|
|
|
whether to appoint, remove, or continue the appointment of a
|
|
|
private professional guardian]. |
|
|
(c) Criminal history record information obtained by a clerk |
|
|
under Subsection (a) may not be released or disclosed to any person |
|
|
or agency except on court order or with the consent of the person |
|
|
who is the subject of the information. The clerk may destroy the |
|
|
criminal history record information after the information is used |
|
|
for the purposes authorized by this section. |
|
|
(d) The criminal history record information obtained under |
|
|
Subsection (a-4) is for the exclusive use of the court or |
|
|
Guardianship Certification Board, as appropriate, and is |
|
|
privileged and confidential. The information may not be released |
|
|
or otherwise disclosed to any person or agency except on court order |
|
|
or consent of the person being investigated. The county clerk or |
|
|
Guardianship Certification Board may destroy the criminal history |
|
|
record information after the information is used for the purposes |
|
|
authorized by this section. |
|
|
(e) The court, as that term is defined by Section 601, Texas |
|
|
Probate Code, shall use the information obtained under Subsection |
|
|
(a) or (a-4)(1) only in determining whether to appoint, remove, or |
|
|
continue the appointment of a private professional guardian, a |
|
|
guardianship program, or the Department of Aging and Disability |
|
|
Services. |
|
|
(f) Criminal history record information obtained by the |
|
|
Guardianship Certification Board under Subsection (a-4)(2) may be |
|
|
used for any purpose related to the issuance, denial, renewal, |
|
|
suspension, or revocation of a certificate issued by the board. |
|
|
(g) A person commits an offense if the person releases or |
|
|
discloses any information received under this section without the |
|
|
authorization prescribed by Subsection (c) or (d). An offense |
|
|
under this subsection is a Class A misdemeanor. |
|
|
(h) The county clerk may charge a reasonable fee sufficient |
|
|
to recover the costs of obtaining criminal history information |
|
|
records authorized by Subsection (a). |
|
|
(i) This section does not prohibit the Department of Aging |
|
|
and Disability Services from obtaining and using criminal history |
|
|
record information as provided by other law. |
|
|
SECTION 5. The change in law made by this Act: |
|
|
(1) by the amendment of Subsection (a), Section |
|
|
411.1386, Government Code, is made to conform to Subsection (a), |
|
|
Section 698, Texas Probate Code, as that subsection existed |
|
|
immediately before the effective date of this Act; |
|
|
(2) by the amendment of Subsection (b), Section |
|
|
411.1386, Government Code, and the addition of Subsection (e), |
|
|
Section 411.1386, Government Code, other than the addition of the |
|
|
reference to Subdivision (1), Subsection (a-4), Section 411.1386, |
|
|
Government Code, is made to conform to Subsections (b) and (c), |
|
|
Section 698, Texas Probate Code, as those subsections existed |
|
|
immediately before the effective date of this Act; |
|
|
(3) by the addition of Subsection (g), Section |
|
|
411.1386, Government Code, other than the addition of the reference |
|
|
to Subsection (d), Section 411.1386, Government Code, is made to |
|
|
conform to Subsection (d), Section 698, Texas Probate Code, as that |
|
|
subsection existed immediately before the effective date of this |
|
|
Act; and |
|
|
(4) by the addition of Subsection (h), Section |
|
|
411.1386, Government Code, is made to conform to Subsection (e), |
|
|
Section 698, Texas Probate Code, as that subsection existed |
|
|
immediately before the effective date of this Act. |
|
|
SECTION 6. This Act takes effect September 1, 2007. |