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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a guardianship abuse, fraud, and |
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exploitation deterrence program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 72, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. GUARDIANSHIP ABUSE, FRAUD, AND EXPLOITATION |
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DETERRENCE PROGRAM |
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Sec. 72.121. DEFINITIONS. In this subchapter: |
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(1) "Guardianship proceeding" has the meaning |
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assigned by Section 1002.015, Estates Code. |
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(2) "Program" means the guardianship abuse, fraud, and |
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exploitation deterrence program established by this subchapter. |
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Sec. 72.122. ESTABLISHMENT OF PROGRAM. (a) The office |
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shall establish and maintain a guardianship abuse, fraud, and |
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exploitation deterrence program designed to provide additional |
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resources and assistance to courts that have jurisdiction over |
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guardianship proceedings by: |
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(1) engaging guardianship compliance specialists who |
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shall: |
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(A) review the guardianships of wards and |
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identify reporting deficiencies by guardians; |
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(B) audit annual accounts required to be filed by |
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guardians under Chapter 1163, Estates Code, or other law and report |
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their findings to the appropriate courts; |
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(C) work with courts to develop best practices in |
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managing guardianship cases; and |
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(D) report to the appropriate courts any concerns |
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of potential abuse, fraud, or exploitation, including financial |
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exploitation, committed against a ward and discovered as a result |
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of the specialists' work under this section; and |
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(2) maintaining an electronic database to monitor |
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filings of: |
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(A) inventories, appraisements, and lists of |
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claims required under Chapter 1154, Estates Code, or Section |
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1203.203, Estates Code; |
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(B) annual reports required under Section |
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1163.101, Estates Code; and |
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(C) any other reports and accounts required of |
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guardians under Chapter 1163, Estates Code, or other law. |
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(b) A court is required to participate in the program, |
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including allowing guardianship compliance specialists to conduct |
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reviews and audits under the program, if the court is selected by |
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the office to participate in the program. |
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(c) A court may apply to the office in the manner and form |
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prescribed by the office for participation in the program. |
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Sec. 72.123. NOTIFICATION OF STATE COMMISSION ON JUDICIAL |
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CONDUCT. The director may notify the State Commission on Judicial |
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Conduct in writing if the office has reason to believe that a |
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judge's actions or failure to act with respect to a report received |
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from a guardianship compliance specialist indicating a concern |
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described by Section 72.122(a)(1)(D) constitutes judicial |
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misconduct. |
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Sec. 72.124. ANNUAL REPORT. Not later than January 1 of |
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each year, the office shall submit a report to the legislature |
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regarding the performance of the program. The report must include: |
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(1) the number of courts involved in the program; |
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(2) the number of guardianships reviewed by |
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guardianship compliance specialists; |
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(3) the number of reviewed guardianship cases found to |
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be out of compliance with statutory reporting requirements; |
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(4) the number of cases reported to a court concerning |
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potential abuse, fraud, or exploitation, including financial |
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exploitation, committed against a ward; and |
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(5) the status of any technology developed to monitor |
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guardianship cases for purposes of the program. |
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SECTION 2. This Act takes effect September 1, 2019. |