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A BILL TO BE ENTITLED
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AN ACT
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relating to creation of a volunteer advocate program for certain |
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elderly persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 48.208(g), Human Resources Code, is |
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amended to read as follows: |
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(g) The court shall appoint an attorney ad litem to |
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represent the elderly or disabled person in any proceeding brought |
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by the department under this section. A reasonable fee, as |
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determined by the court, shall be paid to the attorney ad litem from |
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the general fund of the county. If the person is elderly, the court |
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may also appoint an individual to serve as a volunteer advocate for |
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the person in accordance with the program established under Section |
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161.084. |
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SECTION 2. Subchapter D, Chapter 161, Human Resources Code, |
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is amended by adding Section 161.084 to read as follows: |
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Sec. 161.084. VOLUNTEER ADVOCATE PROGRAM FOR THE ELDERLY. |
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(a) In this section, "elderly person" means a person 65 years of |
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age or older. |
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(b) The department may establish a volunteer advocate |
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program under which trained individuals serve as volunteer |
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advocates for elderly persons subject to: |
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(1) guardianship proceedings; or |
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(2) proceedings under Section 48.208 in which |
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emergency orders are sought authorizing the provision of protective |
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services. |
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(c) The department may enter into agreements with |
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appropriate nonprofit organizations for the provision of services |
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under the program. A nonprofit organization is eligible to provide |
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services under the program if the organization: |
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(1) has significant experience in providing services |
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to the elderly; |
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(2) has the capacity to provide training and |
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supervision for individuals interested in serving as volunteer |
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advocates for the elderly; and |
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(3) meets any other criteria prescribed by the |
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department. |
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(d) In developing the program under this section, the |
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department shall consider the structure and operation of existing |
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programs that provide volunteer advocates for abused or neglected |
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children and incorporate any appropriate aspects of those programs. |
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(e) The department shall seek and may accept gifts, grants, |
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or donations for the program from any public or private source. |
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(f) The executive commissioner may adopt rules necessary to |
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implement the program. |
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SECTION 3. Subpart E, Part 2, Chapter XIII, Texas Probate |
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Code, is amended by adding Section 645B to read as follows: |
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Sec. 645B. APPOINTMENT OF VOLUNTEER ADVOCATE. In a |
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proceeding under this chapter for the appointment of a guardian for |
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a proposed ward who is 65 years of age or older, the court may |
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appoint an individual to serve as a volunteer advocate for the |
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proposed ward in accordance with the program established under |
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Section 161.084, Human Resources 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, 2009. |