Bill Text: TX HB1921 | 2015-2016 | 84th Legislature | Introduced
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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-17 - Referred to Judiciary & Civil Jurisprudence [HB1921 Detail]
Download: Texas-2015-HB1921-Introduced.html
84R6129 CLG-D | ||
By: Naishtat | H.B. No. 1921 |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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including a proposed temporary guardian and a proposed successor | ||
guardian, other than [ |
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(e) The court, as that term is defined by Section 1002.008, | ||
Estates [ |
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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 [ |
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including a proposed temporary guardian and a proposed successor | ||
guardian, other than [ |
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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. |