Bill Text: TX HB3631 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to establishing a guardianship compliance program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-02 - Left pending in committee [HB3631 Detail]
Download: Texas-2017-HB3631-Introduced.html
85R6690 KFF-D | ||
By: Smithee | H.B. No. 3631 |
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relating to establishing a guardianship compliance program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 72, Government Code, is amended by | ||
adding Subchapter G to read as follows: | ||
SUBCHAPTER G. GUARDIANSHIP COMPLIANCE PROGRAM | ||
Sec. 72.121. DEFINITIONS. In this subchapter: | ||
(1) "Guardianship proceeding" has the meaning | ||
assigned by Section 1002.015, Estates Code. | ||
(2) "Program" means the guardianship compliance | ||
program established by this subchapter. | ||
Sec. 72.122. ESTABLISHMENT OF PROGRAM. (a) The office | ||
shall establish and maintain a guardianship compliance program | ||
designed to provide additional resources and assistance to courts | ||
that have jurisdiction over guardianship proceedings by: | ||
(1) engaging guardianship compliance specialists who | ||
shall: | ||
(A) review the guardianships of wards and | ||
identify reporting deficiencies by guardians; | ||
(B) audit annual accounts required to be filed by | ||
guardians under Chapter 1163, Estates Code, or other law and report | ||
their findings to the appropriate courts; | ||
(C) work with courts to develop best practices in | ||
managing guardianship cases; and | ||
(D) report any concerns relating to a ward's | ||
well-being or to the potential financial exploitation of a ward | ||
discovered as a result of the specialists' work under this section | ||
to the appropriate courts; and | ||
(2) maintaining an electronic database to monitor | ||
filings of: | ||
(A) inventories, appraisements, and lists of | ||
claims required under Chapter 1154, Estates Code, or Section | ||
1203.203, Estates Code; | ||
(B) annual reports required under Section | ||
1163.101, Estates Code; and | ||
(C) any other reports and accounts required of | ||
guardians under Chapter 1163, Estates Code, or other law. | ||
(b) A court is required to participate in the program, | ||
including allowing guardianship compliance specialists to conduct | ||
reviews and audits under the program, if the court is selected by | ||
the office to participate in the program. | ||
(c) A court may apply to the office in the manner and form | ||
prescribed by the office for participation in the program. | ||
Sec. 72.123. NOTIFICATION OF STATE COMMISSION ON JUDICIAL | ||
CONDUCT. The director may notify the State Commission on Judicial | ||
Conduct in writing if the office has reason to believe that a | ||
judge's actions or failure to act with respect to a report received | ||
from a guardianship compliance specialist indicating a concern | ||
described by Section 72.122(a)(1)(D) constitutes judicial | ||
misconduct. | ||
Sec. 72.124. ANNUAL REPORT. Not later than January 1 of | ||
each year, the office shall submit a report to the legislature | ||
regarding the performance of the program. The report must include: | ||
(1) the number of courts involved in the program; | ||
(2) the number of guardianships reviewed by | ||
guardianship compliance specialists; | ||
(3) the number of reviewed guardianship cases found to | ||
be out of compliance with statutory reporting requirements; | ||
(4) the number of cases reported to a court because of | ||
concerns relating to a ward's well-being or to the potential | ||
financial exploitation of a ward; and | ||
(5) the status of any technology developed to monitor | ||
guardianship cases for purposes of the program. | ||
SECTION 2. This Act takes effect September 1, 2017. |