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AN ACT
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relating to grants provided to local guardianship programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.125, Government Code, is amended to |
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read as follows: |
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Sec. 531.125. GRANTS. (a) The commission by rule may |
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award grants to: |
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(1) a local guardianship program, subject to the |
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requirements of this section; and |
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(2) a local legal guardianship program to enable |
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low-income family members and friends to have legal representation |
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in court if they are willing and able to be appointed guardians of |
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proposed wards who are indigent. |
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(b) To receive a grant under Subsection (a)(1), a local |
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guardianship program operating in a county that has a population of |
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at least 150,000 must offer or submit a plan acceptable to the |
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commission to offer, among the program's services, a money |
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management service for appropriate clients, as determined by the |
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program. The local guardianship program may provide the money |
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management service directly or by referring a client to a money |
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management service that satisfies the requirements under |
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Subsection (c). |
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(c) A money management service to which a local guardianship |
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program may refer a client must: |
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(1) use employees or volunteers to provide bill |
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payment or representative payee services; |
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(2) provide the service's employees and volunteers |
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with training, technical support, monitoring, and supervision; |
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(3) match employees or volunteers with clients in a |
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manner that ensures that the match is agreeable to both the employee |
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or volunteer and the client; |
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(4) insure each employee and volunteer, and hold the |
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employee or volunteer harmless from liability, for damages |
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proximately caused by acts or omissions of the employee or |
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volunteer while acting in the course and scope of the employee's or |
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volunteer's duties or functions within the organization; |
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(5) have an advisory council that meets regularly and |
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is composed of persons who are knowledgeable with respect to issues |
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related to guardianship, alternatives to guardianship, and related |
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social services programs; |
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(6) be administered by a nonprofit corporation: |
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(A) formed under the Texas Nonprofit Corporation |
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Law, as described by Section 1.008, Business Organizations Code; |
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and |
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(B) exempt from federal taxation under Section |
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501(a), Internal Revenue Code of 1986, by being listed as an exempt |
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entity under Section 501(c)(3) of that code; and |
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(7) refer clients who are in need of other services |
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from an area agency on aging to the appropriate area agency on |
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aging. |
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(d) A local guardianship program operating in a county that |
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has a population of less than 150,000 may, at the program's option, |
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offer, either directly or by referral, a money management service |
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among the program's services. If the program elects to offer a |
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money management service by referral, the service must satisfy the |
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requirements under Subsection (c), except as provided by Subsection |
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(e). |
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(e) On request by a local guardianship program, the |
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commission may waive a requirement under Subsection (c) if the |
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commission determines that the waiver is appropriate to strengthen |
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the continuum of local guardianship programs in a geographic area. |
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SECTION 2. The change in law made by this Act applies only |
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to a grant awarded by the Health and Human Services Commission to a |
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local guardianship program on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2691 was passed by the House on May 9, |
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2007, by the following vote: Yeas 134, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2691 was passed by the Senate on May |
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21, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |