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A BILL TO BE ENTITLED
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AN ACT
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relating to the application for appointment of a guardian and to |
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requiring criminal history record information and other |
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information in connection with the guardianship of a ward or the |
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ward's estate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1101.001(b), Estates Code, is amended to |
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read as follows: |
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(b) The application must be sworn to by the applicant and |
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state: |
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(1) the proposed ward's name, sex, date of birth, and |
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address; |
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(2) the name, former name, if any, relationship, and |
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address of the person the applicant seeks to have appointed as |
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guardian; |
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(3) whether guardianship of the person or estate, or |
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both, is sought; |
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(3-a) whether alternatives to guardianship and |
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available supports and services to avoid guardianship were |
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considered; |
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(3-b) whether any alternatives to guardianship and |
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supports and services available to the proposed ward considered are |
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feasible and would avoid the need for a guardianship; |
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(4) the nature and degree of the alleged incapacity, |
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the specific areas of protection and assistance requested, and the |
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limitation or termination of rights requested to be included in the |
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court's order of appointment, including a termination of: |
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(A) the right of a proposed ward who is 18 years |
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of age or older to vote in a public election; |
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(B) the proposed ward's eligibility to hold or |
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obtain a license to operate a motor vehicle under Chapter 521, |
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Transportation Code; and |
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(C) the right of a proposed ward to make personal |
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decisions regarding residence; |
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(5) the facts requiring the appointment of a guardian; |
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(6) the interest of the applicant in the appointment |
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of a guardian; |
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(7) the nature and description of any kind of |
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guardianship existing for the proposed ward in any other state; |
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(8) the name, [and] address, phone number, and date of |
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birth, if applicable, of any person or institution having the care |
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and custody of the proposed ward or the proposed ward's estate; |
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(9) the approximate value and a detailed description |
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of the proposed ward's property, including: |
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(A) liquid assets, including any compensation, |
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pension, insurance, or allowance to which the proposed ward may be |
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entitled; and |
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(B) non-liquid assets, including real property; |
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(10) the name and address of any person whom the |
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applicant knows to hold a power of attorney signed by the proposed |
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ward and a description of the type of power of attorney; |
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(11) for a proposed ward who is a minor, the following |
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information if known by the applicant: |
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(A) the name of each of the proposed ward's |
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parents and either the parent's address or that the parent is |
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deceased; |
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(B) the name and age of each of the proposed |
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ward's siblings, if any, and either the sibling's address or that |
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the sibling is deceased; and |
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(C) if each of the proposed ward's parents and |
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adult siblings are deceased, the names and addresses of the |
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proposed ward's other living relatives who are related to the |
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proposed ward within the third degree by consanguinity and who are |
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adults; |
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(12) for a proposed ward who is a minor, whether the |
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minor was the subject of a legal or conservatorship proceeding in |
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the preceding two years and, if so: |
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(A) the court involved; |
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(B) the nature of the proceeding; and |
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(C) any final disposition of the proceeding; |
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(13) for a proposed ward who is an adult, the following |
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information if known by the applicant: |
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(A) the name of the proposed ward's spouse, if |
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any, and either the spouse's address or that the spouse is deceased; |
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(B) the name of each of the proposed ward's |
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parents and either the parent's address or that the parent is |
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deceased; |
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(C) the name and age of each of the proposed |
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ward's siblings, if any, and either the sibling's address or that |
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the sibling is deceased; |
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(D) the name and age of each of the proposed |
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ward's children, if any, and either the child's address or that the |
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child is deceased; and |
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(E) if there is no living spouse, parent, adult |
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sibling, or adult child of the proposed ward, the names and |
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addresses of the proposed ward's other living relatives who are |
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related to the proposed ward within the third degree by |
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consanguinity and who are adults; |
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(14) facts showing that the court has venue of the |
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proceeding; and |
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(15) if applicable, that the person whom the applicant |
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seeks to have appointed as a guardian is a private professional |
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guardian who is certified under Subchapter C, Chapter 155, |
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Government Code, and has complied with the requirements of |
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Subchapter G, Chapter 1104. |
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SECTION 2. The heading to Section 1104.402, Estates Code, |
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is amended to read as follows: |
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Sec. 1104.402. [COURT CLERK'S] DUTY TO OBTAIN CRIMINAL |
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HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE. |
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SECTION 3. Section 1104.402, Estates Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Section 1104.404 or 1104.406(a), |
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the clerk of the county having venue of the proceeding for the |
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appointment of a guardian shall, based on information provided in |
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an application filed under Section 1101.001, obtain criminal |
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history record information that is maintained by the Department of |
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Public Safety or the Federal Bureau of Investigation identification |
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division relating to any person, other than an attorney or a person |
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who is a certified guardian, proposed to serve as a guardian under |
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this title, including: |
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(1) a proposed temporary guardian; |
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(2) [,] a proposed successor guardian; or |
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(3) [, or] any person who will have care and custody of |
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[contact with] the proposed ward or the proposed ward's estate on |
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behalf of the proposed guardian and who is not otherwise required to |
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submit to a criminal background check under this section[, other |
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than an attorney or a person who is a certified guardian]. |
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(a-1) A proposed guardian who is an attorney or a certified |
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guardian shall provide to the court the name, address, phone |
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number, and date of birth of any person who will have care and |
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custody of the proposed ward or the proposed ward's estate on the |
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proposed guardian's behalf. If the person having care and custody |
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of the proposed ward or the proposed ward's estate on the proposed |
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guardian's behalf is not also a certified guardian, the clerk shall |
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obtain criminal history record information for that person as |
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specified by Subsection (a). |
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SECTION 4. Section 1104.405(a), Estates Code, is amended to |
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read as follows: |
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(a) Criminal history record information obtained or |
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provided under Section 1104.402 or 1104.404 is privileged and |
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confidential and is for the exclusive use of the court. The |
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criminal history record information may not be released or |
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otherwise disclosed to any person or agency except on court order. |
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The court may use the criminal history record information only to |
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determine 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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Health and Human Services Commission; or |
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(2) appoint any person proposed to serve as a guardian |
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under this title, including a proposed temporary guardian, a |
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proposed successor guardian, or any person who will have care or |
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custody of [contact with] the proposed ward or the proposed ward's |
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estate on behalf of the proposed guardian, other than an attorney or |
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a certified guardian. |
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SECTION 5. Subchapter A, Chapter 1151, Estates Code, is |
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amended by adding Section 1151.006 to read as follows: |
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Sec. 1151.006. GUARDIAN'S DUTY TO NOTIFY COURT OF CHANGES |
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CONCERNING CARE AND CUSTODY OF WARD; CLERK'S DUTY TO OBTAIN |
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CRIMINAL HISTORY RECORD INFORMATION. (a) This section applies |
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only to a guardian who is a certified guardian or attorney and who |
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has designated a person to have care and custody of the ward or the |
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ward's estate on the guardian's behalf as provided by Section |
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1104.402(a-1). |
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(b) A guardian shall notify the court of any change |
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concerning the designation or contact information of a person |
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having care and custody of a ward or the ward's estate on the |
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guardian's behalf not later than the 30th day after the date the |
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change occurs. If, as a result of a change in designation, the |
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guardian wants to designate another person who will have care and |
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custody of the ward or the ward's estate on the guardian's behalf, |
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the notification must also include the name, address, phone number, |
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and date of birth of that other person. |
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(c) On receipt of notification of a change under Subsection |
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(b) that includes the name of a person who will have care and |
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custody of the ward or the ward's estate on behalf of the guardian, |
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the clerk of the court having jurisdiction over the proceeding |
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shall obtain criminal history record information that is maintained |
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by the Department of Public Safety or the Federal Bureau of |
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Investigation identification division relating to that person. |
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SECTION 6. Section 155.205(a), Government Code, is amended |
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to read as follows: |
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(a) In accordance with Subsection (c) and the rules adopted |
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by the supreme court under Section 155.203, the commission shall |
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obtain criminal history record information that is maintained by |
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the Department of Public Safety. The clerk shall obtain in |
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accordance with Subsection (b) criminal history record information |
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from the Federal Bureau of Investigation identification division |
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relating to an individual seeking appointment as a guardian or |
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temporary guardian, and any individual who will have care and |
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custody of a proposed ward or the proposed ward's estate on behalf |
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of a certified guardian or attorney who has been appointed guardian |
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as required by Section 1104.402(a-1), Estates Code. |
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SECTION 7. Section 411.1386(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsections (a-1) and (a-6), the |
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clerk of the county having venue over a proceeding for the |
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appointment of a guardian under Title 3, Estates Code, shall, based |
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on information provided in an application filed under Section |
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1101.001, Estates Code, obtain criminal history record information |
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as provided by Subsection (a-7) that relates to any person, other |
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than an attorney or a person who is a certified guardian, proposed |
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to serve as a guardian under Title 3, Estates Code, including: |
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(1) a proposed temporary guardian; |
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(2) [,] a proposed successor guardian; or |
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(3) [, or] any person who will have care and custody of |
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[contact with] the proposed ward or the proposed ward's estate on |
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behalf of the proposed guardian and who is not otherwise required to |
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submit to a criminal background check under this section[, other |
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than an attorney or a certified guardian]. |
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SECTION 8. This Act takes effect September 1, 2025. |