BILL ANALYSIS

 

 

Senate Research Center

H.B. 3376

89R21524 EAS-D

By: Capriglione (Zaffirini)

 

Jurisprudence

 

5/5/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Family-member guardians often care for persons with Alzheimer's disease and dementia but lack the necessary training to manage these conditions. While Texas law requires them to complete training before appointment, it does not include dementia-specific education, leaving many unprepared to recognize symptoms, communicate effectively, and provide appropriate care.

 

H.B. 3376 would address this gap by requiring a one-hour training on Alzheimer's and dementia care for family-member guardians. This course would cover early signs of dementia, best practices for communication, and strategies to support affected persons while preserving their rights and dignity.

 

By incorporating dementia education into the required training, H.B. 3376 would ensure that family-member guardians are better prepared to care for loved ones with cognitive decline. Providing this training online at no cost makes it more accessible, reducing barriers and improving the quality of care for persons under guardianship.

 

H.B. 3376 amends current law relating to training on Alzheimer's disease, dementia, and related disorders for certain guardians.

 

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Supreme Court of Texas is modified in SECTION 1 (Section 155.203, Government Code) and SECTION 2 (Section 155.204, Government Code) of this bill.

 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 155.203(b), Government Code, as follows:

 

(b) Requires the Supreme Court of Texas (supreme court), in adopting rules under Section 155.203 (Duty to Provide Assistance in Qualifying Guardians; Supreme Court Rulemaking), to ensure that:

 

(1) the Judicial Branch Certification Commission (JBCC) is required to provide confirmation of a person's completion of the training required by Section 155.204(a)(1) (relating to requiring the supreme court to ensure that before a person is appointed guardian, the person completes a certain training course) and a copy of the person's criminal history background check to the probate court not later than the 10th day before the date of the hearing to appoint a guardian; and

 

(2) a probate court is required to ensure a guardian's timely completion of the training required by Section 155.204(a)(2), unless the training is waived by the probate court as provided by Section 155.204(a)(3) (relating to requiring the supreme court to identify the circumstances under which a court is authorized to waive the training required under Section 155.204 (Training Required)).

 

SECTION 2. Amends Section 155.204, Government Code, by amending Subsection (a) and adding Subsection (a-1), as follows:

 

(a) Requires the supreme court, in adopting rules under Section 155.203, to:

 

(1) makes nonsubstantive changes to this subdivision;

 

(2) subject to Subdivision (3) (relating to the circumstances under which a court is authorized to waive the training required under this section) and Subsection (a-1), require that not later than the sixth month after the date a guardian is appointed and at least once a year, the guardian completes a one-hour training course provided to educate guardians on Alzheimer's disease, dementia, and related disorders, including providing certain information, and made available for free to guardians by JBCC online via JBCC's Internet website; and

 

(3) creates this subdivision from existing text and makes no further changes.

 

(a-1) Provides that Subsection (a)(2) applies only to the appointment of a guardian of the person or the estate, or both, of a ward who is 60 years of age or older or younger than 60 years of age if the ward has been diagnosed with Alzheimer's disease, dementia, or a related disorder.

 

SECTION 3. (a) Requires the supreme court, not later than January 1, 2026, to adopt the rules required under Sections 155.203 and 155.204, Government Code, as amended by this Act.

 

(b) Requires JBCC, not later than July 1, 2026, to make available on JBCC's Internet website the course required by Section 155.204(a)(2), Government Code, as amended by this Act.

 

(c) Requires a guardian appointed before July 1, 2026, who is required to complete the training required by Section 155.204(a)(2), Government Code, as amended by this Act, notwithstanding Section 155.204(a), Government Code, as amended by this Act, to complete the initial training required by that section not later than September 1, 2026.

 

SECTION 4. Effective date: September 1, 2025.