S.B. No. 1096
 
 
 
 
AN ACT
  relating to guardianships; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 14, Code of Criminal Procedure, is
  amended by adding Article 14.055 to read as follows:
         Art. 14.055.  DUTY OF OFFICER TO NOTIFY PROBATE COURT.
  (a)  In this article, "ward" has the meaning assigned by Section
  22.033, Estates Code.
         (b)  As soon as practicable, but not later than the first
  working day after the date a peace officer detains or arrests a
  person who is a ward, the peace officer or the person having custody
  of the ward shall notify the court having jurisdiction over the
  ward's guardianship of the ward's detention or arrest. 
         SECTION 2.  Chapter 15, Code of Criminal Procedure, is
  amended by adding Article 15.171 to read as follows:
         Art. 15.171.  DUTY OF OFFICER TO NOTIFY PROBATE COURT.  
  (a)  In this article, "ward" has the meaning assigned by Section
  22.033, Estates Code.
         (b)  As soon as practicable, but not later than the first
  working day after the date a peace officer arrests a person who is a
  ward, the peace officer or the person having custody of the ward
  shall notify the court having jurisdiction over the ward's
  guardianship of the ward's arrest.
         SECTION 3.  Subchapter A, Chapter 1104, Estates Code, is
  amended by adding Section 1104.003 to read as follows:
         Sec. 1104.003.  TRAINING REQUIRED. A court may not appoint
  an individual to serve as guardian under this title if the
  individual has not received the training required under Section
  155.204, Government Code, unless waived by the court in accordance
  with rules adopted by the supreme court under Section 155.203,
  Government Code.
         SECTION 4.  The heading to Section 1104.404, Estates Code,
  is amended to read as follows:
         Sec. 1104.404.  EXCEPTION FOR INFORMATION CONCERNING
  CERTAIN PERSONS [HOLDING A CERTIFICATE].
         SECTION 5.  Section 1104.404(a), Estates Code, is amended to
  read as follows:
         (a)  The clerk described by Section 1104.402 is not required
  to obtain criminal history record information for a person [who
  holds a certificate issued under Section 155.102, Government Code,
  or a provisional certificate issued under Section 155.103,
  Government Code,] if the [guardianship certification program of
  the] Judicial Branch Certification Commission conducted a criminal
  history check on the person under Chapter 155, Government Code 
  [before issuing or renewing the certificate].
         SECTION 6.  Subchapter B, Chapter 1253, Estates Code, is
  amended by adding Section 1253.0515 to read as follows:
         Sec. 1253.0515.  CERTIFICATION OR TRAINING OF GUARDIAN.
  (a)  A guardian filing an application under this subchapter must
  comply with Subchapter C or D, Chapter 155, Government Code, as
  applicable.
         (b)  A court may not grant an application filed under this
  subchapter unless the guardian complies with Subsection (a).
         SECTION 7.  Chapter 52, Family Code, is amended by adding
  Section 52.011 to read as follows:
         Sec. 52.011.  DUTY OF LAW ENFORCEMENT OFFICER TO NOTIFY
  PROBATE COURT. (a)  In this section, "ward" has the meaning
  assigned by Section 22.033, Estates Code.
         (b)  As soon as practicable, but not later than the first
  working day after the date a law enforcement officer takes a child
  who is a ward into custody under Section 52.01(a)(2) or (3), the law
  enforcement officer or other person having custody of the child
  shall notify the court with jurisdiction over the child's
  guardianship of the child's detention or arrest.
         SECTION 8.  The heading to Chapter 155, Government Code, is
  amended to read as follows:
  CHAPTER 155. DUTIES RESPECTING GUARDIANSHIP [CERTIFICATION]
         SECTION 9.  Section 155.001, Government Code, is amended by
  adding Subdivision (6-a) to read as follows:
               (6-a)  Notwithstanding Section 151.001, "registration"
  means registration of a guardianship under this chapter.
         SECTION 10.  The heading to Subchapter C, Chapter 155,
  Government Code, is amended to read as follows:
  SUBCHAPTER C.  STANDARDS FOR AND CERTIFICATION [REGULATION] OF
  CERTAIN GUARDIANS
         SECTION 11.  Chapter 155, Government Code, is amended by
  adding Subchapters D and E to read as follows:
  SUBCHAPTER D. GUARDIANSHIP REGISTRATION AND DATABASE
         Sec. 155.151.  REGISTRATION OF GUARDIANSHIPS. (a)  The
  supreme court, after consulting with the office and the commission,
  shall by rule establish a mandatory registration program for
  guardianships under which all guardianships in this state shall be
  required to register with the commission.
         (b)  In establishing rules under this section, the supreme
  court shall ensure courts with jurisdiction over a guardianship
  immediately notify the commission of the removal of a guardian.
         Sec. 155.152.  GUARDIANSHIP DATABASE. In cooperation with
  the commission and courts with jurisdiction over guardianship
  proceedings and by using the information obtained by the commission
  under this subchapter, the office shall establish and maintain a
  central database of all guardianships subject to the jurisdiction
  of this state.
         Sec. 155.153.  ACCESS TO DATABASE.  (a)  The office shall
  ensure the database is accessible to the Department of Public
  Safety for law enforcement purposes.
         (b)  Subject to Subsection (c), the Department of Public
  Safety shall make information from the database available to law
  enforcement personnel through the Texas Law Enforcement
  Telecommunications System or a successor system of
  telecommunication used by law enforcement agencies and operated by
  the department.
         (c)  The only information that may be disclosed from the
  database to a law enforcement official inquiring into a
  guardianship is:
               (1)  the name, sex, and date of birth of a ward;
               (2)  the name, telephone number, and address of the
  guardian of a ward; and
               (3)  the name of the court with jurisdiction over the
  guardianship.
         (d)  The office shall limit access to the database to
  properly trained staff. 
         Sec. 155.154.  DATABASE DISCLAIMER. To the extent feasible,
  the following disclaimer shall be displayed when the database is
  accessed:  "This database is for the limited purpose of determining
  whether an individual has a guardian and obtaining a guardian's
  contact information. The scope of a guardian's authority is
  determined by court order, and a guardian should not be presumed to
  have the authority to act for or on behalf of a ward until the extent
  of the guardian's authority is verified by the court with
  jurisdiction over the guardianship."
         Sec. 155.155.  CONFIDENTIALITY OF INFORMATION IN DATABASE.  
  (a)  Information that is contained in the database required under
  Section 155.152, including personally identifying information of a
  guardian or a ward, is confidential and not subject to disclosure
  under Chapter 552 or any other law.
         (b)  A law enforcement agency or officer that receives the
  information must maintain the confidentiality of the information,
  may not disclose the information under Chapter 552 or any other law,
  and may not use the information for a purpose that does not directly
  relate to the purpose for which it was obtained.
  SUBCHAPTER E.  DUTY TO ASSIST IN QUALIFYING CERTAIN GUARDIANS
         Sec. 155.201.  DEFINITION. In this subchapter, "probate
  court" has the meaning assigned by Section 1002.008, Estates Code.
         Sec. 155.202.  APPLICABILITY. This subchapter does not
  apply with respect to the following persons who are or will be
  providing guardianship services to a proposed ward:
               (1)  an attorney or corporate fiduciary; or
               (2)  an individual subject to certification under
  Subchapter C.
         Sec. 155.203.  DUTY TO PROVIDE ASSISTANCE IN QUALIFYING
  GUARDIANS; SUPREME COURT RULEMAKING. (a)  The supreme court, after
  consulting with the commission, shall by rule establish a process
  by which the commission performs training and criminal history
  background checks for individuals seeking appointment as guardian.
         (b)  In adopting rules under this section, the supreme court
  shall ensure that the commission is required to provide
  confirmation of a person's completion of training and a copy of the
  person's criminal history background check to the probate court not
  later than the 10th day before the date of the hearing to appoint a
  guardian.
         Sec. 155.204.  TRAINING REQUIRED. (a)  In adopting rules
  under Section 155.203, the supreme court shall:
               (1)  subject to Subdivision (2), ensure that before a
  person is appointed guardian, the person completes a training
  course:
                     (A)  designed by the commission to educate
  proposed guardians about their responsibilities as guardians,
  alternatives to guardianships, supports and services available to
  the proposed ward, and a ward's bill of rights under Section
  1151.351, Estates Code; and
                     (B)  made available for free to proposed guardians
  by the commission online via the commission's Internet website and,
  on request, in a written format; and
               (2)  identify the circumstances under which a court may
  waive the training required under this section.
         (b)  Notwithstanding Section 155.203(b) or Section 1251.052,
  Estates Code, the training required under Subsection (a):
               (1)  does not apply to the initial appointment of a
  temporary guardian under Chapter 1251, Estates Code; and
               (2)  applies only if there is a motion to extend the
  term of a temporary guardian.
         (c)  The commission may make the training required under this
  section available to court investigators and guardians ad litem. A
  court investigator or guardian ad litem is not required to receive
  training unless required to do so by a court.
         Sec. 155.205.  DUTY TO OBTAIN CRIMINAL HISTORY RECORD
  INFORMATION. (a)  In accordance with the rules adopted by the
  supreme court under Section 155.203, the commission 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 an individual seeking
  appointment as a guardian or temporary guardian.
         (b)  The commission shall obtain:
               (1)  fingerprint-based criminal history record
  information of an applicant if the liquid assets of the estate of a
  ward exceed $50,000; or
               (2)  name-based criminal history record information of
  an applicant if the liquid assets of the estate of a ward are
  $50,000 or less.
         Sec. 155.206.  INFORMATION FOR EXCLUSIVE USE OF COMMISSION
  AND COURT. (a)  Criminal history record information obtained under
  this subchapter is privileged and confidential and is for the
  exclusive use of the commission and the court with jurisdiction
  over the guardianship.  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 individual being
  investigated.
         (b)  The commission may destroy the criminal history record
  information after the information is used for the purposes
  authorized by this subchapter.
         Sec. 155.207.  USE OF CRIMINAL HISTORY RECORD INFORMATION.
  (a)  The commission shall use the criminal history record
  information obtained under this subchapter only for a purpose
  authorized by this subchapter or to maintain the registration of a
  guardianship under Subchapter D.
         (b)  A court may use the criminal history record information
  obtained under this subchapter only in the same manner and only to
  the same extent a court is authorized to use the information under
  Section 1104.409, Estates Code.
         Sec. 155.208.  CLARIFICATION OF AUTHORITY GRANTED.
  (a)  This subchapter does not grant to the commission the authority
  to:
               (1)  establish additional qualifications or a code of
  ethics for individuals subject to training or a background check
  under this subchapter, require those individuals to pass
  examinations or take continuing education courses, or otherwise
  regulate those individuals; or
               (2)  interfere with a court's authority to ensure a
  guardian is performing all of the duties required of the guardian
  respecting a ward.
         (b)  Individuals subject to training or a background check
  under this subchapter are not subject to enforcement action under
  Chapter 153.
         Sec. 155.209.  FEE FOR OBTAINING CRIMINAL HISTORY RECORD
  INFORMATION. (a)  Except as provided by Subsection (b), the
  commission may charge a fee to obtain criminal history record
  information under this subchapter, in an amount approved by the
  supreme court.
         (b)  The supreme court may adopt rules excluding individuals
  who are indigent from having to pay the fee authorized by this
  section.
         (c)  A guardian is entitled to reimbursement from the
  guardianship estate as provided by Subchapter C, Chapter 1155,
  Estates Code, for the fee authorized by this section.
         SECTION 12.  Section 411.1386(a-6), Government Code, is
  amended to read as follows:
         (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 155.102 or a provisional
  certificate issued under Section 155.103] if the [guardianship
  certification program of the] Judicial Branch Certification
  Commission conducted a criminal history check on the person under
  Chapter 155 [before issuing or renewing the certificate].  The
  commission 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.
         SECTION 13.  Subchapter A, Chapter 573, Health and Safety
  Code, is amended by adding Section 573.0021 to read as follows:
         Sec. 573.0021.  DUTY OF PEACE OFFICER TO NOTIFY PROBATE
  COURTS. As soon as practicable, but not later than the first
  working day after the date a peace officer takes a person who is a
  ward into custody, the peace officer shall notify the court having
  jurisdiction over the ward's guardianship of the ward's detention
  or transportation to a facility in accordance with Section 573.001.
         SECTION 14.  (a)  Not later than June 1, 2018, the Office of
  Court Administration of the Texas Judicial System shall establish
  the guardianship database required under Section 155.152,
  Government Code, as added by this Act, and provide access to the
  database to the Department of Public Safety in accordance with
  Section 155.153, Government Code, as added by this Act.
         (b)  A law enforcement officer or other person with custody
  of a ward is not required to comply with Articles 14.055 and 15.171,
  Code of Criminal Procedure, Section 52.011, Family Code, or Section
  573.0021, Health and Safety Code, as added by this Act, as
  applicable, until July 1, 2018.
         SECTION 15.  (a)  As soon as practicable after the effective
  date of this Act, the Supreme Court of Texas, after consulting with
  the Judicial Branch Certification Commission, shall adopt rules
  necessary to implement Subchapter E, Chapter 155, Government Code,
  as added by this Act.
         (b)  A proposed guardian is not required to comply with
  Section 155.204, Government Code, as added by this Act, until June
  1, 2018.
         SECTION 16.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1096 passed the Senate on
  April 3, 2017, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1096 passed the House on
  May 19, 2017, by the following vote:  Yeas 125, Nays 16, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor