S.B. No. 291
 
 
 
 
AN ACT
  relating to criminal history record information for guardianship
  proceedings and to lists of certain public guardians; providing a
  criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 697A, Texas Probate Code,
  is amended to read as follows:
         Sec. 697A.  LIST OF CERTAIN PUBLIC GUARDIANS MAINTAINED BY
  COUNTY CLERKS OR GUARDIANSHIP CERTIFICATION BOARD.
         SECTION 2.  Subsections (b) and (c), Section 697A, Texas
  Probate Code, are amended to read as follows:
         (b)  Not later than February 1 of each year, the [The]
  Department of Aging and Disability Services[, if the department
  files an application for and is appointed to serve as guardian for
  one or more incapacitated persons residing in the county as
  provided by Subchapter E, Chapter 161, Human Resources Code,] shall
  submit [annually] to the Guardianship Certification Board a
  statement containing:
               (1)  the name, address, and telephone number of each
  department employee who is or will be providing guardianship
  services to a ward or proposed ward on behalf of the department; and
               (2)  the name of the county or counties in which each
  employee named in Subdivision (1) of this subsection is providing
  or is authorized to provide those services [county clerk the
  information required under Subsection (a) of this section for each
  department employee who is or will be providing guardianship
  services in the county on the department's behalf].
         (c)  Not later than February 1 of each year, the county clerk
  shall submit to the Guardianship Certification Board the
  information received under Subsection (a) of this section during
  the preceding year.
         SECTION 3.  Section 698, Texas Probate Code, is amended to
  read as follows:
         Sec. 698.  ACCESS TO CRIMINAL HISTORY RECORDS.  (a)  Except
  as provided by Subsections (a-1) and (a-5) of this section, the
  [The] clerk of the county having venue over the proceeding for the
  appointment of a guardian shall obtain criminal history record
  information that is maintained by the Department of Public Safety
  or the Federal Bureau of Investigation identification division
  relating to:
               (1)  a private professional guardian;
               (2)  each person who represents or plans to represent
  the interests of a ward as a guardian on behalf of the private
  professional guardian;
               (3)  each person employed by a private professional
  guardian who will:
                     (A)  have personal contact with a ward or proposed
  ward;
                     (B)  exercise control over and manage a ward's
  estate; or
                     (C)  perform any duties with respect to the
  management of a ward's estate;
               (4)  each person employed by or volunteering or
  contracting with a guardianship program to provide guardianship
  services to a ward of the program on the program's behalf; or
               (5)  any other person proposed to serve as a guardian
  under this chapter, including a proposed temporary guardian and a
  proposed successor guardian, other than the ward's or proposed
  ward's family member or an attorney [an employee of the Department
  of Aging and Disability Services who is or will be providing
  guardianship services to a ward of the department].
         (a-1)  The Department of Aging and Disability Services shall
  obtain criminal history record information that is maintained by
  the Department of Public Safety or the Federal Bureau of
  Investigation identification division relating to each individual
  who is or will be providing guardianship services to a ward of or
  referred by the department, including:
               (1)  an employee of or an applicant selected for an
  employment position with the Department of Aging and Disability
  Services;
               (2)  a volunteer or an applicant selected to volunteer
  with the Department of Aging and Disability Services;
               (3)  an employee of or an applicant selected for an
  employment position with a business entity or other person that
  contracts with the Department of Aging and Disability Services to
  provide guardianship services to a ward referred by the department;
  and
               (4)  a volunteer or an applicant selected to volunteer
  with a business entity or other person described by Subdivision (3)
  of this subsection.
         (a-2)  The information in Subsection (a-1) of this section
  regarding applicants for employment positions must be obtained
  before an offer of employment, and the information regarding
  applicant volunteers must be obtained before the person's contact
  with a ward of or referred by the Department of Aging and Disability
  Services.
         (a-3)  The information in Subsection (a-1) of this section
  regarding employees or volunteers providing guardianship services
  must be obtained annually.
         (a-4)  The Department of Aging and Disability Services shall
  provide the information obtained under Subsection (a-1) of this
  section to:
               (1)  the clerk of the county having venue over the
  guardianship proceeding at the request of the court; and
               (2)  the Guardianship Certification Board at the
  request of the board.
         (a-5)  Not later than the 10th day before the date of the
  hearing to appoint a guardian, a person may submit to the clerk a
  copy of the person's criminal history record information required
  under Subsection (a)(5) of this section that the person obtains
  from the Department of Public Safety or the Federal Bureau of
  Investigation not earlier than the 30th day before the date of the
  hearing.
         (b)  The criminal history record information obtained under
  Subsection (a) or (a-5) of this section is for the exclusive use of
  the court and is privileged and confidential. The criminal history
  record information may not be released or otherwise disclosed to
  any person or agency except on court order or consent of the person
  being investigated. The county clerk may destroy the criminal
  history information records after the records are used for the
  purposes authorized by this section.
         (b-1)  The criminal history record information obtained
  under Subsection (a-4) of this section is for the exclusive use of
  the court or Guardianship Certification Board, as appropriate, and
  is privileged and confidential. The information may not be
  released or otherwise disclosed to any person or agency except on
  court order or consent of the person being investigated. The county
  clerk or Guardianship Certification Board may destroy the criminal
  history record information after the information is used for the
  purposes authorized by this section.
         (c)  The court shall use the information obtained under this
  section only in determining whether to:
               (1)  appoint, remove, or continue the appointment of a
  private professional guardian, a guardianship program, or the
  Department of Aging and Disability Services; or
               (2)  appoint any other person proposed to serve as a
  guardian under this chapter, including a proposed temporary
  guardian and a proposed successor guardian, other than the ward's
  or proposed ward's family member or an attorney.
         (c-1)  Criminal history record information obtained by the
  Guardianship Certification Board under Subsection (a-4)(2) of this
  section may be used for any purpose related to the issuance, denial,
  renewal, suspension, or revocation of a certificate issued by the
  board.
         (d)  A person commits an offense if the person releases or
  discloses any information received under this section without the
  authorization prescribed by Subsection (b) or (b-1) of this
  section. An offense under this subsection is a Class A misdemeanor.
         (e)  The clerk may charge a $10 [reasonable] fee [sufficient]
  to recover the costs of obtaining criminal history information
  records authorized by Subsection (a) of this section.
         (f)  This section does not prohibit the Department of Aging
  and Disability Services from obtaining and using criminal history
  record information as provided by other law.
         SECTION 4.  Section 411.1386, Government Code, is amended to
  read as follows:
         Sec. 411.1386.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: COURT CLERK; DEPARTMENT OF AGING AND DISABILITY
  SERVICES; GUARDIANSHIPS. (a)  Except as provided by Subsections
  (a-1) and (a-5), the [The] clerk of the county having venue over a
  proceeding for the appointment of a guardian under Chapter XIII
  [13], Texas Probate Code, shall [is entitled to] obtain from the
  department criminal history record information maintained by the
  department that relates to:
               (1)  a private professional guardian;
               (2)  each person who represents or plans to represent
  the interests of a ward as a guardian on behalf of the private
  professional guardian; [or]
               (3)  each person employed by a private professional
  guardian who will:
                     (A)  have personal contact with a ward or proposed
  ward;
                     (B)  exercise control over and manage a ward's
  estate; or
                     (C)  perform any duties with respect to the
  management of a ward's estate;
               (4)  each person employed by or volunteering or
  contracting with a guardianship program to provide guardianship
  services to a ward of the program on the program's behalf; or
               (5)  any other person proposed to serve as a guardian
  under Chapter XIII, Texas Probate Code, including a proposed
  temporary guardian and a proposed successor guardian, other than
  the ward's or proposed ward's family member or an attorney.
         (a-1)  The Department of Aging and Disability Services shall
  obtain from the Department of Public Safety criminal history record
  information maintained by the Department of Public Safety that
  relates to each individual who is or will be providing guardianship
  services to a ward of or referred by the Department of Aging and
  Disability Services, including:
               (1)  an employee of or an applicant selected for an
  employment position with the Department of Aging and Disability
  Services;
               (2)  a volunteer or an applicant selected to volunteer
  with the Department of Aging and Disability Services;
               (3)  an employee of or an applicant selected for an
  employment position with a business entity or other person that
  contracts with the Department of Aging and Disability Services to
  provide guardianship services to a ward referred by the department;
  and
               (4)  a volunteer or an applicant selected to volunteer
  with a business entity or person described by Subdivision (3).
         (a-2)  The information in Subsection (a-1) regarding
  applicants for employment positions must be obtained before an
  offer of employment, and the information regarding applicant
  volunteers must be obtained before the person's contact with a ward
  of or referred by the Department of Aging and Disability Services.
         (a-3)  The information in Subsection (a-1) regarding
  employees or volunteers providing guardianship services must be
  obtained annually.
         (a-4)  The Department of Aging and Disability Services shall
  provide the information obtained under Subsection (a-1) to:
               (1)  the clerk of the county having venue over the
  guardianship proceeding at the request of the court; and
               (2)  the Guardianship Certification Board at the
  request of the board.
         (a-5)  Not later than the 10th day before the date of the
  hearing to appoint a guardian, a person may submit to the clerk a
  copy of the person's criminal history record information required
  under Subsection (a)(5) that the person obtains from the department
  not earlier than the 30th day before the date of the hearing.
         (b)  Criminal history record information obtained by a clerk
  under Subsection (a) or (a-5) is for the exclusive use of the court
  and is privileged and confidential [may be used only in determining
  whether to appoint, remove, or continue the appointment of a
  private professional guardian].
         (c)  Criminal history record information obtained by a clerk
  under Subsection (a) or (a-5) may not be released or disclosed to
  any person or agency except on court order or with the consent of
  the person who is the subject of the information. The clerk may
  destroy the criminal history record information after the
  information is used for the purposes authorized by this section.
         (d)  The criminal history record information obtained under
  Subsection (a-4) is for the exclusive use of the court or
  Guardianship Certification Board, as appropriate, and is
  privileged and confidential. The information may not be released
  or otherwise disclosed to any person or agency except on court order
  or consent of the person being investigated. The county clerk or
  Guardianship Certification Board may destroy the criminal history
  record information after the information is used for the purposes
  authorized by this section.
         (e)  The court, as that term is defined by Section 601, Texas
  Probate Code, shall use the information obtained under Subsection
  (a), (a-4)(1), or (a-5) only in determining whether to:
               (1)  appoint, remove, or continue the appointment of a
  private professional guardian, a guardianship program, or the
  Department of Aging and Disability Services; or
               (2)  appoint any other person proposed to serve as a
  guardian under Chapter XIII, Texas Probate Code, including a
  proposed temporary guardian and a proposed successor guardian,
  other than the ward's or proposed ward's family member or an
  attorney.
         (f)  Criminal history record information obtained by the
  Guardianship Certification Board under Subsection (a-4)(2) may be
  used for any purpose related to the issuance, denial, renewal,
  suspension, or revocation of a certificate issued by the board.
         (g)  A person commits an offense if the person releases or
  discloses any information received under this section without the
  authorization prescribed by Subsection (c) or (d). An offense
  under this subsection is a Class A misdemeanor.
         (h)  The county clerk may charge a $10 fee to recover the
  costs of obtaining criminal history information records authorized
  by Subsection (a).
         (i)  This section does not prohibit the Department of Aging
  and Disability Services from obtaining and using criminal history
  record information as provided by other law.
         SECTION 5.  The change in law made by this Act:
               (1)  by the amendment of Subsection (a), Section
  411.1386, Government Code, other than the addition of Subdivision
  (5) to that subsection, is made to conform to Subsection (a),
  Section 698, Texas Probate Code, as that section existed
  immediately before the effective date of this Act;
               (2)  by the amendment of Subsections (b) and (c),
  Section 411.1386, Government Code, and the addition of Subsection
  (e), Section 411.1386, Government Code, other than the addition of
  Subdivision (2) and the reference to Subdivision (1), Subsection
  (a-4), and Subsection (a-5), Section 411.1386, Government Code, is
  made to conform to Subsections (b) and (c), Section 698, Texas
  Probate Code, as those subsections existed immediately before the
  effective date of this Act; and
               (3)  by the addition of Subsection (g), Section
  411.1386, Government Code, other than the addition of the reference
  to Subsection (d), Section 411.1386, Government Code, is made to
  conform to Subsection (d), Section 698, Texas Probate Code, as that
  subsection existed immediately before the effective date of this
  Act.
         SECTION 6.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 291 passed the Senate on
  March 28, 2007, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendments on May 15, 2007, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 291 passed the House, with
  amendments, on May 11, 2007, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor