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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring criminal history record information |
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concerning a family member being proposed to serve as a guardian of |
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a ward or proposed ward. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1104.402(a), Estates Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 1104.403, 1104.404, or |
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1104.406(a), the clerk of the county having venue of the proceeding |
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for the appointment of a guardian shall obtain criminal history |
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record information that is maintained by the Department of Public |
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Safety or the Federal Bureau of Investigation identification |
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division relating to: |
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(1) a private professional guardian; |
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(2) each person who represents or plans to represent |
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the interests of a ward as a guardian on behalf of the private |
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professional guardian; |
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(3) each person employed by a private professional |
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guardian who will: |
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(A) have personal contact with a ward or proposed |
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ward; |
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(B) exercise control over and manage a ward's |
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estate; or |
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(C) perform any duties with respect to the |
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management of a ward's estate; |
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(4) each person employed by or volunteering or |
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contracting with a guardianship program to provide guardianship |
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services to a ward of the program on the program's behalf; or |
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(5) any other person proposed to serve as a guardian |
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under this title, including a proposed temporary guardian and a |
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proposed successor guardian, other than [the ward's or proposed
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ward's family member or] an attorney. |
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SECTION 2. Section 1104.409, Estates Code, is amended to |
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read as follows: |
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Sec. 1104.409. USE OF INFORMATION BY COURT. The court |
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shall use the information obtained under this subchapter only in |
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determining whether to: |
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(1) appoint, remove, or continue the appointment of a |
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private professional guardian, a guardianship program, or the |
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department; or |
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(2) appoint any other person proposed to serve as a |
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guardian under this title, including a proposed temporary guardian |
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and a proposed successor guardian, other than [the ward's or
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proposed ward's family member or] an attorney. |
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SECTION 3. Sections 411.1386(a) and (e), Government Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsections (a-1), (a-5), and |
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(a-6), the clerk of the county having venue over a proceeding for |
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the appointment of a guardian under Title 3, Estates [Chapter XIII,
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Texas Probate] Code, shall obtain from the department criminal |
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history record information maintained by the department that |
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relates to: |
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(1) a private professional guardian; |
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(2) each person who represents or plans to represent |
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the interests of a ward as a guardian on behalf of the private |
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professional guardian; |
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(3) each person employed by a private professional |
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guardian who will: |
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(A) have personal contact with a ward or proposed |
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ward; |
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(B) exercise control over and manage a ward's |
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estate; or |
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(C) perform any duties with respect to the |
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management of a ward's estate; |
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(4) each person employed by or volunteering or |
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contracting with a guardianship program to provide guardianship |
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services to a ward of the program on the program's behalf; or |
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(5) any other person proposed to serve as a guardian |
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under Title 3, Estates [Chapter XIII, Texas Probate] Code, |
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including a proposed temporary guardian and a proposed successor |
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guardian, other than [the ward's or proposed ward's family member
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or] an attorney. |
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(e) The court, as that term is defined by Section 1002.008, |
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Estates [601, Texas Probate] Code, shall use the information |
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obtained or provided under Subsection (a), (a-4)(1), (a-5), or |
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(a-6) only in determining whether to: |
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(1) appoint, remove, or continue the appointment of a |
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private professional guardian, a guardianship program, or the |
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Department of Aging and Disability Services; or |
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(2) appoint any other person proposed to serve as a |
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guardian under Title 3, Estates [Chapter XIII, Texas Probate] Code, |
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including a proposed temporary guardian and a proposed successor |
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guardian, other than [the ward's or proposed ward's family member
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or] an attorney. |
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SECTION 4. The changes in law made by this Act apply only to |
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a proceeding for the appointment of a guardian that is pending or |
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filed on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |