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  S.B. No. 1235
 
 
 
 
AN ACT
  relating to guardianships, including assessments for and provision
  of guardianship services by the Department of Aging and Disability
  Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 59.006, Finance Code, is
  amended to read as follows:
         (a)  This section provides the exclusive method for
  compelled discovery of a record of a financial institution relating
  to one or more customers but does not create a right of privacy in a
  record.  This section does not apply to and does not require or
  authorize a financial institution to give a customer notice of:
               (1)  a demand or inquiry from a state or federal
  government agency authorized by law to conduct an examination of
  the financial institution;
               (2)  a record request from a state or federal
  government agency or instrumentality under statutory or
  administrative authority that provides for, or is accompanied by, a
  specific mechanism for discovery and protection of a customer
  record of a financial institution, including a record request from
  a federal agency subject to the Right to Financial Privacy Act of
  1978 (12 U.S.C. Section 3401 et seq.), as amended, or from the
  Internal Revenue Service under Section 1205, Internal Revenue Code
  of 1986;
               (3)  a record request from or report to a government
  agency arising out of:
                     (A)  the investigation or prosecution of a
  criminal offense;
                     (B)  [or] the investigation of alleged abuse,
  neglect, or exploitation of an elderly or disabled person in
  accordance with Chapter 48, Human Resources Code; or
                     (C)  the assessment for or provision of
  guardianship services under Subchapter E, Chapter 161, Human
  Resources Code;
               (4)  a record request in connection with a garnishment
  proceeding in which the financial institution is garnishee and the
  customer is debtor;
               (5)  a record request by a duly appointed receiver for
  the customer;
               (6)  an investigative demand or inquiry from a state
  legislative investigating committee;
               (7)  an investigative demand or inquiry from the
  attorney general of this state as authorized by law other than the
  procedural law governing discovery in civil cases; or
               (8)  the voluntary use or disclosure of a record by a
  financial institution subject to other applicable state or federal
  law.
         SECTION 2.  Section 1101.104, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 1101.104.  EXAMINATIONS AND DOCUMENTATION REGARDING
  INTELLECTUAL DISABILITY [MENTAL RETARDATION].  If an intellectual
  disability [mental retardation] is the basis of the proposed ward's
  alleged incapacity, the court may not grant an application to
  create a guardianship for the proposed ward unless the applicant
  presents to the court a written letter or certificate that:
               (1)  [a written letter or certificate that:
                     [(A)]  complies with Sections 1101.103(a) and
  (b)[; and
                     [(B)     states that the physician has made a
  determination of mental retardation in accordance with Section
  593.005, Health and Safety Code]; or
               (2)  shows that not earlier than 24 months before the
  hearing date [both]:
                     (A)  [written documentation showing that, not
  earlier than 24 months before the hearing date,] the proposed ward
  has been examined by a physician or psychologist licensed in this
  state or certified by the Department of Aging and Disability
  Services to perform the examination, in accordance with rules of
  the executive commissioner of the Health and Human Services
  Commission governing examinations of that kind,[;] and
                     [(B)]  the physician's or psychologist's written
  findings and recommendations include[, including a statement as to
  whether the physician or psychologist has made] a determination of
  an intellectual disability; or
                     (B)  a physician or psychologist licensed in this
  state or certified by the Department of Aging and Disability
  Services to perform examinations described by Paragraph (A) updated
  or endorsed in writing a prior determination of an intellectual
  disability for the proposed ward made by a physician or
  psychologist licensed in this state or certified by the department 
  [mental retardation in accordance with Section 593.005, Health and
  Safety Code].
         SECTION 3.  The changes in law made by this Act to Section
  1101.104, Estates Code, as effective January 1, 2014, apply only to
  an application to create a guardianship filed on or after the
  effective date of this Act. An application to create a guardianship
  filed before the effective date of this Act is governed by the law
  in effect on the date the application was filed, and the former law
  is continued in effect for that purpose.
         SECTION 4.  To the extent of any conflict, this Act prevails
  over another Act of the 83rd Legislature, Regular Session, 2013,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 5.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect January 1, 2014.
         (b)  Subsection (a), Section 59.006, Finance Code, as
  amended by this Act, takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1235 passed the Senate on
  April 18, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1235 passed the House on
  May 17, 2013, by the following vote:  Yeas 134, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor