Bill Text: TX HB1921 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to requiring criminal history record information concerning a family member being proposed to serve as a guardian of a ward or proposed ward.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-03-17 - Referred to Judiciary & Civil Jurisprudence [HB1921 Detail]

Download: Texas-2015-HB1921-Introduced.html

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84R6129 CLG-D
By: Naishtat H.B. No. 1921

A BILL TO BE ENTITLED
AN ACT
relating to requiring criminal history record information
concerning a family member being proposed to serve as a guardian of
a ward or proposed ward.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1104.402(a), Estates Code, is amended to
read as follows:
(a) Except as provided by Section 1104.403, 1104.404, or
1104.406(a), the clerk of the county having venue of the proceeding
for the appointment of a guardian 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:
(1) a private professional guardian;
(2) each person who represents or plans to represent
the interests of a ward as a guardian on behalf of the private
professional guardian;
(3) each person employed by a private professional
guardian who will:
(A) have personal contact with a ward or proposed
ward;
(B) exercise control over and manage a ward's
estate; or
(C) perform any duties with respect to the
management of a ward's estate;
(4) each person employed by or volunteering or
contracting with a guardianship program to provide guardianship
services to a ward of the program on the program's behalf; or
(5) any other person proposed to serve as a guardian
under this title, including a proposed temporary guardian and a
proposed successor guardian, other than [the ward's or proposed
ward's family member or] an attorney.
SECTION 2. Section 1104.409, Estates Code, is amended to
read as follows:
Sec. 1104.409. USE OF INFORMATION BY COURT. The court
shall use the information obtained under this subchapter only in
determining whether to:
(1) appoint, remove, or continue the appointment of a
private professional guardian, a guardianship program, or the
department; or
(2) appoint any other person proposed to serve as a
guardian under this title, including a proposed temporary guardian
and a proposed successor guardian, other than [the ward's or
proposed ward's family member or] an attorney.
SECTION 3. Sections 411.1386(a) and (e), Government Code,
are amended to read as follows:
(a) Except as provided by Subsections (a-1), (a-5), and
(a-6), the clerk of the county having venue over a proceeding for
the appointment of a guardian under Title 3, Estates [Chapter XIII,
Texas Probate] Code, shall obtain from the department criminal
history record information maintained by the department that
relates to:
(1) a private professional guardian;
(2) each person who represents or plans to represent
the interests of a ward as a guardian on behalf of the private
professional guardian;
(3) each person employed by a private professional
guardian who will:
(A) have personal contact with a ward or proposed
ward;
(B) exercise control over and manage a ward's
estate; or
(C) perform any duties with respect to the
management of a ward's estate;
(4) each person employed by or volunteering or
contracting with a guardianship program to provide guardianship
services to a ward of the program on the program's behalf; or
(5) any other person proposed to serve as a guardian
under Title 3, Estates [Chapter XIII, Texas Probate] Code,
including a proposed temporary guardian and a proposed successor
guardian, other than [the ward's or proposed ward's family member
or] an attorney.
(e) The court, as that term is defined by Section 1002.008,
Estates [601, Texas Probate] Code, shall use the information
obtained or provided under Subsection (a), (a-4)(1), (a-5), or
(a-6) only in determining whether to:
(1) appoint, remove, or continue the appointment of a
private professional guardian, a guardianship program, or the
Department of Aging and Disability Services; or
(2) appoint any other person proposed to serve as a
guardian under Title 3, Estates [Chapter XIII, Texas Probate] Code,
including a proposed temporary guardian and a proposed successor
guardian, other than [the ward's or proposed ward's family member
or] an attorney.
SECTION 4. The changes in law made by this Act apply only to
a proceeding for the appointment of a guardian that is pending or
filed on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2015.