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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting and application requirements regarding |
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certain public and private guardians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 111.044, Government Code, is amended to |
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read as follows: |
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Sec. 111.044. ANNUAL DISCLOSURE. (a) Not later than |
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January 31 of each year, each guardianship program [and private
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professional guardian] shall provide to the board a report |
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containing for the preceding year: |
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(1) the number of wards served by the guardianship |
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program reported by county in which the application to create a |
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guardianship for the ward is filed and the total number of wards |
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served by the guardianship program [or private professional
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guardian, as applicable]; |
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(2) the name, business address, and business telephone |
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number of each individual employed by or volunteering or |
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contracting with the guardianship program to provide guardianship |
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services to a ward or proposed ward of the program; |
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(3) the name of each county in which an individual |
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described by Subdivision (2) provides or is authorized to provide |
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guardianship services; |
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(4) the total amount of money received from this state |
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for the provision of guardianship services; and |
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(5) [(3)] the [total] amount of money received from |
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any other public source, including a county or the federal |
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government, for the provision of guardianship services, reported by |
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source, and the total amount of money received from those public |
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sources. |
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(b) Not later than January 31 of each year, each private |
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professional guardian shall provide to the board a report |
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containing for the preceding year: |
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(1) the number of wards served by the private |
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professional guardian reported by county in which the application |
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to create a guardianship for the ward is filed and the total number |
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of wards served by the private professional guardian; |
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(2) the name, business address, and business telephone |
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number of each individual who provides guardianship services to a |
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ward of the private professional guardian on behalf of the private |
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professional guardian; |
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(3) the total amount of money received from this state |
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for the provision of guardianship services; and |
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(4) the amount of money received from any other public |
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source, including a county or the federal government, for the |
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provision of guardianship services, reported by source, and the |
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total amount of money received from those public sources. |
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(c) A private professional guardian shall submit with the |
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report required under Subsection (b) a copy of the guardian's |
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application for a certificate of registration required by Section |
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697(a), Texas Probate Code. |
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SECTION 2. Subsections (a) and (e), Section 697, Texas |
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Probate Code, are amended to read as follows: |
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(a) A private professional guardian must apply annually to |
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the clerk of the county having venue over the proceeding for the |
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appointment of a guardian for a certificate of registration. The |
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application must include a sworn statement containing the following |
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information concerning a private professional guardian or each |
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person who represents or plans to represent the interests of a ward |
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as a guardian on behalf of the private professional guardian: |
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(1) educational background and professional |
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experience; |
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(2) three or more professional references; |
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(3) the names of all of the wards the private |
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professional guardian or person is or will be serving as a guardian; |
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(4) the aggregate fair market value of the property of |
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all wards that is being or will be managed by the private |
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professional guardian or person; |
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(5) place of residence, business address, and business |
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telephone number; [and] |
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(6) whether the private professional guardian or |
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person has ever been removed as a guardian by the court or resigned |
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as a guardian in a particular case, and, if so, a description of the |
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circumstances causing the removal or resignation, and the style of |
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the suit, the docket number, and the court having jurisdiction over |
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the proceeding; and |
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(7) the certification number or provisional |
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certification number issued by the Guardianship Certification |
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Board to the private professional guardian or person. |
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(e) Not later than January 31 [February 1] of each year, the |
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clerk shall submit to the Guardianship Certification Board [and the
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Health and Human Services Commission] the names and business |
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addresses of private professional guardians who have satisfied the |
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registration requirements under this section during the preceding |
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year. |
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SECTION 3. Section 697A, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 697A. LIST OF CERTAIN PUBLIC GUARDIANS MAINTAINED BY |
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COUNTY CLERKS OR GUARDIANSHIP CERTIFICATION BOARD. (a) Not later |
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than January 31 of each year, each [Each] guardianship program |
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operating in a county shall submit [annually] to the county clerk a |
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copy of the report submitted to the Guardianship Certification |
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Board under Section 111.044, Government Code [statement containing
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the name, address, and telephone number of each individual employed
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by or volunteering or contracting with the program to provide
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guardianship services to a ward or proposed ward of the program]. |
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(b) Not later than January 31 [February 1] of each year, the |
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Department of Aging and Disability Services shall submit to the |
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Guardianship Certification Board a statement containing: |
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(1) the name, address, and telephone number of each |
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department employee who is or will be providing guardianship |
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services to a ward or proposed ward on behalf of the department; and |
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(2) the name of each [the] county [or counties] in |
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which each employee named in Subdivision (1) of this subsection is |
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providing or is authorized to provide those services. |
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[(c)
Not later than February 1 of each year, the county
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clerk shall submit to the Guardianship Certification Board the
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information received under Subsection (a) of this section during
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the preceding year.] |
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SECTION 4. This Act takes effect September 1, 2009. |