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A BILL TO BE ENTITLED
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AN ACT
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relating to a central database containing information about certain |
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individuals under guardianship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 1053, Estates Code, is |
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amended by adding Section 1053.106 to read as follows: |
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Sec. 1053.106. CERTAIN INFORMATION PROVIDED BY COURT CLERK. |
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(a) Except as provided by Subsection (b), the clerk of a court |
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shall compile and provide to the Department of Public Safety of the |
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State of Texas the: |
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(1) names of incapacitated persons who are at least 18 |
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years of age and who have a guardian appointed under Title 3, |
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Estates Code; |
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(2) name of the guardian appointed for each |
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incapacitated person; and |
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(3) contact information for the guardian appointed for |
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each incapacitated person. |
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(b) The clerk of a court must obtain the consent of a |
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guardian of an incapacitated person on a form prescribed by the |
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Department of Public Safety of the State of Texas before the clerk |
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may provide to the department the information for the incapacitated |
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person described by Subsection (a). |
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SECTION 2. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Section 411.055 to read as follows: |
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Sec. 411.055. DATABASE OF INCAPACITATED PERSONS AND |
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GUARDIANS. (a) In this section: |
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(1) "Incapacitated person" means an adult who: |
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(A) because of a physical or mental condition, is |
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substantially unable to: |
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(i) provide food, clothing, or shelter for |
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himself or herself; |
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(ii) care for the person's own physical |
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health; or |
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(iii) manage the person's own financial |
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affairs; and |
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(B) has a guardian appointed under Title 3, |
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Estates Code. |
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(2) "Emergency service provider" means an individual |
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who provides emergency response services, including a law |
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enforcement officer, firefighter, emergency medical services |
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provider, dispatcher, or rescue service provider. |
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(b) The department shall develop and maintain a |
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computerized central database accessible only to emergency service |
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providers that contains, to the extent the information is available |
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to the department: |
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(1) the names of incapacitated persons who have a |
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guardian consenting to the dissemination of the incapacitated |
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person's information under Section 1053.106, Estates Code; and |
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(2) for each incapacitated person, the name of the |
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guardian appointed for that person and contact information for the |
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guardian. |
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(c) Information contained in the database is confidential |
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and not subject to disclosure under Chapter 552, Government Code. |
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(d) The director shall adopt rules as necessary to implement |
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and maintain the database created under this section. |
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SECTION 3. This Act takes effect September 1, 2015. |
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