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AN ACT
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relating to the regulation of certain guardianship programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 1104, Estates Code, is |
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amended by adding Section 1104.359 to read as follows: |
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Sec. 1104.359. EFFECT OF LACK OF REQUIRED REGISTRATION. |
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(a) A guardianship program may not be appointed guardian: |
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(1) if the program is not registered as required under |
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Subchapter D, Chapter 155, Government Code; |
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(2) if a registration certificate issued to the |
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program under Subchapter D, Chapter 155, Government Code, is |
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expired or refused renewal, or has been revoked and not been |
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reissued; or |
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(3) during the time a registration certificate issued |
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to the program under Subchapter D, Chapter 155, Government Code, is |
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suspended. |
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(b) This section does not prevent the appointment, on the |
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individual's own behalf, of an individual who is employed by or |
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contracts with a guardianship program to provide guardianship and |
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related services independently of the program. |
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SECTION 2. Section 155.101(a), Government Code, is amended |
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to read as follows: |
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(a) The commission shall adopt minimum standards for: |
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(1) the provision of guardianship services or other |
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similar but less restrictive types of assistance or services by: |
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(A) individuals employed by or contracting with |
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guardianship programs to provide the assistance or services on |
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behalf of the programs; and |
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(B) private professional guardians; and |
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(2) the provision of guardianship services by the |
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Department of Aging and Disability Services or its successor |
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agency. |
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SECTION 3. Section 155.102, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) An individual who directly supervises an individual |
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who will provide guardianship services in this state to a ward of a |
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guardianship program must hold a certificate issued under this |
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section. |
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SECTION 4. Subchapter C, Chapter 155, Government Code, is |
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amended by adding Section 155.106 to read as follows: |
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Sec. 155.106. PROHIBITED EMPLOYMENT. A guardianship |
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program may not employ an individual to provide, or directly |
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supervise the provision of, guardianship and related services on |
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the program's behalf: |
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(1) if a certificate issued to the individual under |
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this subchapter is expired or refused renewal, or has been revoked |
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and not been reissued; or |
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(2) during the time a certificate issued to the |
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individual under this subchapter is suspended. |
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SECTION 5. Chapter 155, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. REGULATION OF GUARDIANSHIP PROGRAMS |
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Sec. 155.151. APPLICATION OF SUBCHAPTER. This subchapter |
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does not apply to guardianship and related services provided by a |
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guardianship program under a contract with the Health and Human |
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Services Commission. |
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Sec. 155.152. STANDARDS FOR OPERATION OF GUARDIANSHIP |
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PROGRAMS. (a) The commission, in consultation with the Health and |
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Human Services Commission and other interested parties, shall adopt |
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minimum standards for the operation of guardianship programs. |
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(b) The commission shall design the standards to monitor and |
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ensure the quality of guardianship and related services provided by |
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guardianship programs. |
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(c) Standards adopted under this section must be designed to |
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ensure continued compliance by a guardianship program with this |
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chapter and other applicable state law. |
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Sec. 155.153. REGISTRATION REQUIRED FOR GUARDIANSHIP |
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PROGRAMS. (a) A guardianship program may not provide guardianship |
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and related services to an incapacitated person or other person |
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described by Section 155.001(4) unless the program is registered |
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with and holds a certificate of registration issued by the |
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commission under this subchapter. |
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(b) The supreme court shall adopt rules and procedures for |
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issuing, renewing, suspending, or revoking a registration |
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certificate under this section. Rules adopted by the supreme court |
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under this section must: |
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(1) ensure compliance with the standards adopted under |
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Section 155.152; |
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(2) provide that the commission establish |
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qualifications for obtaining and maintaining a registration |
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certificate; |
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(3) provide that a registration certificate expires on |
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the second anniversary of the date the certificate is issued; |
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(4) prescribe procedures for accepting complaints and |
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conducting investigations of alleged violations by guardianship |
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programs of the standards adopted under Section 155.152 or other |
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violations of this chapter or other applicable state law; |
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(5) prescribe procedures by which the commission, |
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after notice and hearing, may suspend or revoke the registration |
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certificate of a guardianship program that does not substantially |
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comply with the standards adopted under Section 155.152 or other |
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provisions of this chapter or other applicable state law; and |
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(6) prescribe procedures for addressing a |
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guardianship for which a guardianship program is the appointed |
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guardian if the guardianship program's registration certificate is |
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expired or refused renewal, or has been revoked and not been |
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reissued. |
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Sec. 155.154. REGISTRATION DATABASE. (a) The commission |
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shall make available on the commission's Internet website a |
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publicly accessible list of all registered guardianship programs. |
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The list must contain the following for each guardianship program: |
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(1) the information provided under Section |
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155.105(a); and |
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(2) whether the guardianship program holds in good |
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standing a registration certificate under this subchapter. |
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(b) The commission shall update the list described by |
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Subsection (a) at least quarterly. |
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SECTION 6. (a) As soon as practicable after the effective |
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date of this Act, the Judicial Branch Certification Commission and |
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the Supreme Court of Texas shall adopt the standards and rules, |
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respectively, necessary to implement Subchapter D, Chapter 155, |
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Government Code, as added by this Act. |
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(b) A guardianship program is not required to hold a |
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registration certificate issued under Section 155.153, Government |
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Code, as added by this Act, until September 1, 2018. |
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(c) An individual described by Section 155.102(a-1), |
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Government Code, as added by this Act, is not required to hold a |
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certificate issued under that section until September 1, 2018. |
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SECTION 7. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 36 passed the Senate on |
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March 8, 2017, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 25, 2017, by the |
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following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 36 passed the House, with |
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amendment, on May 22, 2017, by the following vote: Yeas 126, |
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Nays 16, three present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |