S.B. No. 1057
 
 
 
 
AN ACT
  relating to criminal history record information relating to persons
  who are certified to provide guardianship services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.1386, Government Code, is amended by
  amending Subsections (a), (b), (c), (d), and (e) and adding
  Subsection (a-6) to read as follows:
         (a)  Except as provided by Subsections (a-1), [and] (a-5),
  and (a-6), the clerk of the county having venue over a proceeding
  for the appointment of a guardian under Chapter XIII, Texas Probate
  Code, shall 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;
               (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-6)  The clerk described by Subsection (a) is not required
  to obtain criminal history record information for a person who
  holds a certificate issued under Section 111.042 or a provisional
  certificate issued under Section 111.0421 if the Guardianship
  Certification Board conducted a criminal history check on the
  person before issuing or renewing the certificate. The board shall
  provide to the clerk at the court's request the criminal history
  record information that was obtained from the department or the
  Federal Bureau of Investigation.
         (b)  Criminal history record information obtained by or
  provided to a clerk under Subsection (a), [or] (a-5), or (a-6) is
  for the exclusive use of the court and is privileged and
  confidential.
         (c)  Criminal history record information obtained by or
  provided to a clerk under Subsection (a), [or] (a-5), or (a-6) 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, with the [or] consent of the person being investigated, or as
  authorized by Subsection (a-6) or Section 698(a-6), Texas Probate
  Code.  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 or provided under
  Subsection (a), (a-4)(1), [or] (a-5), or (a-6) 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.
         SECTION 2.  Subsection (c), Section 411.1406, Government
  Code, as added by Chapter 15 (S.B. 505), Acts of the 80th
  Legislature, Regular Session, 2007, is amended to read as follows:
         (c)  Criminal history record information obtained by the
  board under Subsection (b):
               (1)  may be used by the board for any purpose related to
  the issuance, denial, suspension, revocation, or renewal of a
  certificate issued by the board;
               (2)  may not be released or disclosed to any person
  except:
                     (A)  on court order;
                     (B)  [or] with the consent of the person who is the
  subject of the information; or
                     (C)  as authorized by Section 411.1386(a-6) of
  this code or Section 698(a-6), Texas Probate Code; and
               (3)  shall be destroyed by the board after the
  information is used for the authorized purposes.
         SECTION 3.  Section 698, Texas Probate Code, is amended by
  amending Subsections (a), (b), and (b-1) and adding Subsection
  (a-6) to read as follows:
         (a)  Except as provided by Subsections (a-1), [and] (a-5),
  and (a-6) of this section, 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.
         (a-6)  The clerk described by Subsection (a) of this section
  is not required to obtain criminal history record information for a
  person who holds a certificate issued under Section 111.042,
  Government Code, or a provisional certificate issued under Section
  111.0421, Government Code, if the Guardianship Certification Board
  conducted a criminal history check on the person before issuing or
  renewing the certificate. The board shall provide to the clerk at
  the court's request the criminal history record information that
  was obtained from the Department of Public Safety or the Federal
  Bureau of Investigation.
         (b)  The criminal history record information obtained or
  provided under Subsection (a), [or] (a-5), or (a-6) 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, with the [or] consent of the person being
  investigated, or as authorized by Subsection (a-6) of this section
  or Section 411.1386(a-6), Government Code. 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.
         SECTION 4.  The changes in law made by this Act apply to a
  proceeding for the appointment of a guardian that is pending or
  filed on or after the effective date of this Act.
         SECTION 5.  Notwithstanding Section 4 of this Act, the
  requirement that the Guardianship Certification Board provide
  criminal history record information to a county clerk on request
  that is imposed by Subsection (a-6), Section 411.1386, Government
  Code, as added by this Act, and Subsection (a-6), Section 698, Texas
  Probate Code, as added by this Act, applies only with respect to
  criminal history record information obtained by the board on or
  after January 1, 2009.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1057 passed the Senate on
  April 16, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1057 passed the House on
  May 26, 2009, by the following vote:  Yeas 144, Nays 0, one present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor