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A BILL TO BE ENTITLED
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AN ACT
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relating to provisional certification for certain guardians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 111.016(b) and (d), Government Code, |
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are amended to read as follows: |
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(b) The board shall: |
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(1) administer and enforce this chapter; |
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(2) develop and recommend proposed rules and |
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procedures to the supreme court as necessary to implement this |
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chapter; |
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(3) set the amount of each fee prescribed by Section |
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111.042, subject to the approval of the supreme court; |
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(4) establish the qualifications for obtaining: |
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(A) certification or recertification under |
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Section 111.042; and |
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(B) provisional certification under Section |
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111.0421; |
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(5) issue certificates to: |
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(A) individuals who meet the certification |
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requirements of Section 111.042; and |
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(B) individuals who meet the provisional |
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certification requirements of Section 111.0421; and |
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(6) perform any other duty required by this chapter or |
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other law. |
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(d) The board shall maintain: |
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(1) a complete record of each board proceeding; and |
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(2) a complete record of each certification, including |
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a provisional certificate, issued, renewed, suspended, or revoked |
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under this chapter [Section 111.042]. |
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SECTION 2. Subchapter C, Chapter 111, Government Code, is |
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amended by adding Section 111.0421 to read as follows: |
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Sec. 111.0421. PROVISIONAL CERTIFICATE. (a) |
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Notwithstanding Section 111.042(a), the board may issue a |
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provisional certificate to an individual who: |
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(1) does not meet the qualifications for obtaining |
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certification under Section 111.042; and |
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(2) possesses the qualifications for provisional |
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certification required by rules adopted by the supreme court. |
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(b) An individual who holds a provisional certificate may |
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provide guardianship services in this state only under the |
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supervision of an individual certified under Section 111.042. |
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(c) The supreme court may adopt rules and procedures for |
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issuing a provisional certificate under this section that, at a |
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minimum, must: |
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(1) ensure compliance with the standards adopted under |
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Section 111.041; and |
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(2) provide that the board establishes qualifications |
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for obtaining and maintaining the certification. |
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SECTION 3. Section 697B, Texas Probate Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) In this section, "certified" includes holding a |
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provisional certificate under Section 111.0421, Government Code. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |