S.B. No. 1055
 
 
 
 
AN ACT
  relating to reporting and application requirements regarding
  certain public and private guardians.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 111.044, Government Code, is amended to
  read as follows:
         Sec. 111.044.  ANNUAL DISCLOSURE. (a)  Not later than
  January 31 of each year, each guardianship program [and private
  professional guardian] shall provide to the board a report
  containing for the preceding year:
               (1)  the number of wards served by the guardianship
  program reported by county in which the application to create a
  guardianship for the ward is filed and the total number of wards
  served by the guardianship program [or private professional
  guardian, as applicable];
               (2)  the name, business address, and business telephone
  number of each individual employed by or volunteering or
  contracting with the guardianship program to provide guardianship
  services to a ward or proposed ward of the program;
               (3)  the name of each county in which an individual
  described by Subdivision (2) provides or is authorized to provide
  guardianship services;
               (4)  the total amount of money received from this state
  for the provision of guardianship services; and
               (5) [(3)]  the [total] amount of money received from
  any other public source, including a county or the federal
  government, for the provision of guardianship services, reported by
  source, and the total amount of money received from those public
  sources.
         (b)  Not later than January 31 of each year, each private
  professional guardian shall provide to the board a report
  containing for the preceding year:
               (1)  the number of wards served by the private
  professional guardian reported by county in which the application
  to create a guardianship for the ward is filed and the total number
  of wards served by the private professional guardian;
               (2)  the name, business address, and business telephone
  number of each individual who provides guardianship services to a
  ward of the private professional guardian on behalf of the private
  professional guardian;
               (3)  the total amount of money received from this state
  for the provision of guardianship services; and
               (4)  the amount of money received from any other public
  source, including a county or the federal government, for the
  provision of guardianship services, reported by source, and the
  total amount of money received from those public sources.
         (c)  A private professional guardian shall submit with the
  report required under Subsection (b) a copy of the guardian's
  application for a certificate of registration required by Section
  697(a), Texas Probate Code.
         SECTION 2.  Subsections (a) and (e), Section 697, Texas
  Probate Code, are amended to read as follows:
         (a)  A private professional guardian must apply annually to
  the clerk of the county having venue over the proceeding for the
  appointment of a guardian for a certificate of registration.  The
  application must include a sworn statement containing the following
  information concerning a private professional guardian or each
  person who represents or plans to represent the interests of a ward
  as a guardian on behalf of the private professional guardian:
               (1)  educational background and professional
  experience;
               (2)  three or more professional references;
               (3)  the names of all of the wards the private
  professional guardian or person is or will be serving as a guardian;
               (4)  the aggregate fair market value of the property of
  all wards that is being or will be managed by the private
  professional guardian or person;
               (5)  place of residence, business address, and business
  telephone number; [and]
               (6)  whether the private professional guardian or
  person has ever been removed as a guardian by the court or resigned
  as a guardian in a particular case, and, if so, a description of the
  circumstances causing the removal or resignation, and the style of
  the suit, the docket number, and the court having jurisdiction over
  the proceeding; and
               (7)  the certification number or provisional
  certification number issued by the Guardianship Certification
  Board to the private professional guardian or person.
         (e)  Not later than January 31 [February 1] of each year, the
  clerk shall submit to the Guardianship Certification Board [and the
  Health and Human Services Commission] the names and business
  addresses of private professional guardians who have satisfied the
  registration requirements under this section during the preceding
  year.
         SECTION 3.  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. (a)  Not later
  than January 31 of each year, each [Each] guardianship program
  operating in a county shall submit [annually] to the county clerk a
  copy of the report submitted to the Guardianship Certification
  Board under Section 111.044, Government Code [statement containing
  the name, address, and telephone number of each individual employed
  by or volunteering or contracting with the program to provide
  guardianship services to a ward or proposed ward of the program].
         (b)  Not later than January 31 [February 1] of each year, the
  Department of Aging and Disability Services shall submit 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 each [the] county [or counties] in
  which each employee named in Subdivision (1) of this subsection is
  providing or is authorized to provide those services.
         [(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 4.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1055 passed the Senate on
  April 9, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1055 passed the House on
  May 26, 2009, by the following vote:  Yeas 145, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor