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A BILL TO BE ENTITLED
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AN ACT
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relating to guardianships, including assessments for and provision |
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of guardianship services by the Department of Aging and Disability |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 59.006, Finance Code, is |
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amended to read as follows: |
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(a) This section provides the exclusive method for |
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compelled discovery of a record of a financial institution relating |
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to one or more customers but does not create a right of privacy in a |
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record. This section does not apply to and does not require or |
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authorize a financial institution to give a customer notice of: |
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(1) a demand or inquiry from a state or federal |
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government agency authorized by law to conduct an examination of |
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the financial institution; |
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(2) a record request from a state or federal |
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government agency or instrumentality under statutory or |
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administrative authority that provides for, or is accompanied by, a |
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specific mechanism for discovery and protection of a customer |
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record of a financial institution, including a record request from |
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a federal agency subject to the Right to Financial Privacy Act of |
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1978 (12 U.S.C. Section 3401 et seq.), as amended, or from the |
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Internal Revenue Service under Section 1205, Internal Revenue Code |
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of 1986; |
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(3) a record request from or report to a government |
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agency arising out of: |
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(A) the investigation or prosecution of a |
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criminal offense; |
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(B) [or] the investigation of alleged abuse, |
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neglect, or exploitation of an elderly or disabled person in |
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accordance with Chapter 48, Human Resources Code; or |
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(C) the assessment for or provision of |
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guardianship services under Subchapter E, Chapter 161, Human |
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Resources Code; |
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(4) a record request in connection with a garnishment |
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proceeding in which the financial institution is garnishee and the |
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customer is debtor; |
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(5) a record request by a duly appointed receiver for |
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the customer; |
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(6) an investigative demand or inquiry from a state |
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legislative investigating committee; |
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(7) an investigative demand or inquiry from the |
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attorney general of this state as authorized by law other than the |
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procedural law governing discovery in civil cases; or |
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(8) the voluntary use or disclosure of a record by a |
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financial institution subject to other applicable state or federal |
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law. |
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SECTION 2. Section 1101.104, Estates Code, as effective |
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January 1, 2014, is amended to read as follows: |
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Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING |
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INTELLECTUAL DISABILITY [MENTAL RETARDATION]. If an intellectual |
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disability [mental retardation] is the basis of the proposed ward's |
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alleged incapacity, the court may not grant an application to |
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create a guardianship for the proposed ward unless the applicant |
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presents to the court a written letter or certificate that: |
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(1) [a written letter or certificate that:
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[(A)] complies with Sections 1101.103(a) and |
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(b)[; and
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[(B)
states that the physician has made a
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determination of mental retardation in accordance with Section
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593.005, Health and Safety Code]; or |
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(2) shows that not earlier than 24 months before the |
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hearing date [both]: |
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(A) [written documentation showing that, not
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earlier than 24 months before the hearing date,] the proposed ward |
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has been examined by a physician or psychologist licensed in this |
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state or certified by the Department of Aging and Disability |
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Services to perform the examination, in accordance with rules of |
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the executive commissioner of the Health and Human Services |
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Commission governing examinations of that kind, [;] and |
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[(B)] the physician's or psychologist's written |
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findings and recommendations include [, including a statement as to
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whether the physician or psychologist has made] a determination of |
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an intellectual disability; or |
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(B) a physician or psychologist licensed in this |
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state or certified by the Department of Aging and Disability |
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Services to perform examinations described by Paragraph (A) updated |
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or endorsed in writing a prior determination of an intellectual |
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disability for the proposed ward made by a physician or |
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psychologist licensed in this state or certified by the department |
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[mental retardation in accordance with Section 593.005, Health and
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Safety Code]. |
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SECTION 3. The changes in law made by this Act to Section |
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1101.104, Estates Code, as effective January 1, 2014, apply only to |
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an application to create a guardianship filed on or after the |
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effective date of this Act. An application to create a guardianship |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the application was filed, and the former law |
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is continued in effect for that purpose. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 83rd Legislature, Regular Session, 2013, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect January 1, 2014. |
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(b) Subsection (a), Section 59.006, Finance Code, as |
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amended by this Act, takes effect September 1, 2013. |
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* * * * * |