| |
| |
| |
|
|
AN ACT
|
|
|
relating to access to certain financial records by the guardianship |
|
|
abuse, fraud, and exploitation deterrence program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 72.121, Government Code, is amended by |
|
|
amending Subdivision (1) and adding Subdivisions (1-a), (1-b), and |
|
|
(3) to read as follows: |
|
|
(1) "Estate" has the meaning assigned by Section |
|
|
1002.010, Estates Code. |
|
|
(1-a) "Financial institution" has the meaning assigned |
|
|
by Section 201.101, Finance Code. |
|
|
(1-b) "Guardianship proceeding" has the meaning |
|
|
assigned by Section 1002.015, Estates Code. |
|
|
(3) "Ward" has the meaning assigned by Section |
|
|
1002.030, Estates Code. |
|
|
SECTION 2. Subchapter G, Chapter 72, Government Code, is |
|
|
amended by adding Section 72.1221 to read as follows: |
|
|
Sec. 72.1221. PROGRAM ACCESS TO FINANCIAL RECORDS. (a) To |
|
|
the extent allowed and in the manner required by federal law, a |
|
|
financial institution or other person, as applicable, shall on |
|
|
request provide the program with access to financial institution |
|
|
records, accounting records, and other financial records |
|
|
concerning a ward or the ward's estate, including receipts, records |
|
|
of deposits and withdrawals, invoices, bills, and any other records |
|
|
of transactions involving the money or assets of a ward or the |
|
|
ward's estate, for purposes of conducting reviews and audits under |
|
|
the program. |
|
|
(b) The program may request the court in which the |
|
|
guardianship is pending to order a financial institution or other |
|
|
person who possesses the records described by Subsection (a) to |
|
|
provide the records to the program. |
|
|
(c) After notice and a hearing, the court may issue an order |
|
|
requiring the financial institution or other person to provide the |
|
|
records to the program under the conditions the court prescribes. |
|
|
SECTION 3. 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, 2021. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 692 passed the Senate on |
|
|
April 23, 2021, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 692 passed the House on |
|
|
May 11, 2021, by the following vote: Yeas 141, Nays 2, two |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |