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  expired or refused renewal, or has been revoked and not been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