S.B. No. 1096

	AN ACT
	relating to guardianships; authorizing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 14, Code of Criminal Procedure, is
	amended by adding Article 14.055 to read as follows:
	Art. 14.055.  DUTY OF OFFICER TO NOTIFY PROBATE COURT.
	(a)  In this article, "ward" has the meaning assigned by Section
	22.033, Estates Code.
	(b)  As soon as practicable, but not later than the first
	working day after the date a peace officer detains or arrests a
	person who is a ward, the peace officer or the person having custody
	of the ward shall notify the court having jurisdiction over the
	ward's guardianship of the ward's detention or arrest.
	SECTION 2.  Chapter 15, Code of Criminal Procedure, is
	amended by adding Article 15.171 to read as follows:
	Art. 15.171.  DUTY OF OFFICER TO NOTIFY PROBATE COURT.
	(a)  In this article, "ward" has the meaning assigned by Section
	22.033, Estates Code.
	(b)  As soon as practicable, but not later than the first
	working day after the date a peace officer arrests a person who is a
	ward, the peace officer or the person having custody of the ward
	shall notify the court having jurisdiction over the ward's
	guardianship of the ward's arrest.
	SECTION 3.  Subchapter A, Chapter 1104, Estates Code, is
	amended by adding Section 1104.003 to read as follows:
	Sec. 1104.003.  TRAINING REQUIRED. A court may not appoint
	an individual to serve as guardian under this title if the
	individual has not received the training required under Section
	155.204, Government Code, unless waived by the court in accordance
	with rules adopted by the supreme court under Section 155.203,
	Government Code.
	SECTION 4.  The heading to Section 1104.404, Estates Code,
	is amended to read as follows:
	Sec. 1104.404.  EXCEPTION FOR INFORMATION CONCERNING
	CERTAIN PERSONS [HOLDING A CERTIFICATE].
	SECTION 5.  Section 1104.404(a), Estates Code, is amended to
	read as follows:
	(a)  The clerk described by Section 1104.402 is not required
	to obtain criminal history record information for a person [who
	holds a certificate issued under Section 155.102, Government Code,
	or a provisional certificate issued under Section 155.103,
	Government Code,] if the [guardianship certification program of
	the] Judicial Branch Certification Commission conducted a criminal
	history check on the person under Chapter 155, Government Code
	[before issuing or renewing the certificate].
	SECTION 6.  Subchapter B, Chapter 1253, Estates Code, is
	amended by adding Section 1253.0515 to read as follows:
	Sec. 1253.0515.  CERTIFICATION OR TRAINING OF GUARDIAN.
	(a)  A guardian filing an application under this subchapter must
	comply with Subchapter C or D, Chapter 155, Government Code, as
	applicable.
	(b)  A court may not grant an application filed under this
	subchapter unless the guardian complies with Subsection (a).
	SECTION 7.  Chapter 52, Family Code, is amended by adding
	Section 52.011 to read as follows:
	Sec. 52.011.  DUTY OF LAW ENFORCEMENT OFFICER TO NOTIFY
	PROBATE COURT. (a)  In this section, "ward" has the meaning
	assigned by Section 22.033, Estates Code.
	(b)  As soon as practicable, but not later than the first
	working day after the date a law enforcement officer takes a child
	who is a ward into custody under Section 52.01(a)(2) or (3), the law
	enforcement officer or other person having custody of the child
	shall notify the court with jurisdiction over the child's
	guardianship of the child's detention or arrest.
	SECTION 8.  The heading to Chapter 155, Government Code, is
	amended to read as follows:
	CHAPTER 155. DUTIES RESPECTING GUARDIANSHIP [CERTIFICATION]
	SECTION 9.  Section 155.001, Government Code, is amended by
	adding Subdivision (6-a) to read as follows:
	(6-a)  Notwithstanding Section 151.001, "registration"
	means registration of a guardianship under this chapter.
	SECTION 10.  The heading to Subchapter C, Chapter 155,
	Government Code, is amended to read as follows:
	SUBCHAPTER C.  STANDARDS FOR AND CERTIFICATION [REGULATION] OF
	CERTAIN GUARDIANS
	SECTION 11.  Chapter 155, Government Code, is amended by
	adding Subchapters D and E to read as follows:
	SUBCHAPTER D. GUARDIANSHIP REGISTRATION AND DATABASE
	Sec. 155.151.  REGISTRATION OF GUARDIANSHIPS. (a)  The
	supreme court, after consulting with the office and the commission,
	shall by rule establish a mandatory registration program for
	guardianships under which all guardianships in this state shall be
	required to register with the commission.
	(b)  In establishing rules under this section, the supreme
	court shall ensure courts with jurisdiction over a guardianship
	immediately notify the commission of the removal of a guardian.
	Sec. 155.152.  GUARDIANSHIP DATABASE. In cooperation with
	the commission and courts with jurisdiction over guardianship
	proceedings and by using the information obtained by the commission
	under this subchapter, the office shall establish and maintain a
	central database of all guardianships subject to the jurisdiction
	of this state.
	Sec. 155.153.  ACCESS TO DATABASE.  (a)  The office shall
	ensure the database is accessible to the Department of Public
	Safety for law enforcement purposes.
	(b)  Subject to Subsection (c), the Department of Public
	Safety shall make information from the database available to law
	enforcement personnel through the Texas Law Enforcement
	Telecommunications System or a successor system of
	telecommunication used by law enforcement agencies and operated by
	the department.
	(c)  The only information that may be disclosed from the
	database to a law enforcement official inquiring into a
	guardianship is:
	(1)  the name, sex, and date of birth of a ward;
	(2)  the name, telephone number, and address of the
	guardian of a ward; and
	(3)  the name of the court with jurisdiction over the
	guardianship.
	(d)  The office shall limit access to the database to
	properly trained staff.
	Sec. 155.154.  DATABASE DISCLAIMER. To the extent feasible,
	the following disclaimer shall be displayed when the database is
	accessed:  "This database is for the limited purpose of determining
	whether an individual has a guardian and obtaining a guardian's
	contact information. The scope of a guardian's authority is
	determined by court order, and a guardian should not be presumed to
	have the authority to act for or on behalf of a ward until the extent
	of the guardian's authority is verified by the court with
	jurisdiction over the guardianship."
	Sec. 155.155.  CONFIDENTIALITY OF INFORMATION IN DATABASE.
	(a)  Information that is contained in the database required under
	Section 155.152, including personally identifying information of a
	guardian or a ward, is confidential and not subject to disclosure
	under Chapter 552 or any other law.
	(b)  A law enforcement agency or officer that receives the
	information must maintain the confidentiality of the information,
	may not disclose the information under Chapter 552 or any other law,
	and may not use the information for a purpose that does not directly
	relate to the purpose for which it was obtained.
	SUBCHAPTER E.  DUTY TO ASSIST IN QUALIFYING CERTAIN GUARDIANS
	Sec. 155.201.  DEFINITION. In this subchapter, "probate
	court" has the meaning assigned by Section 1002.008, Estates Code.
	Sec. 155.202.  APPLICABILITY. This subchapter does not
	apply with respect to the following persons who are or will be
	providing guardianship services to a proposed ward:
	(1)  an attorney or corporate fiduciary; or
	(2)  an individual subject to certification under
	Subchapter C.
	Sec. 155.203.  DUTY TO PROVIDE ASSISTANCE IN QUALIFYING
	GUARDIANS; SUPREME COURT RULEMAKING. (a)  The supreme court, after
	consulting with the commission, shall by rule establish a process
	by which the commission performs training and criminal history
	background checks for individuals seeking appointment as guardian.
	(b)  In adopting rules under this section, the supreme court
	shall ensure that the commission is required to provide
	confirmation of a person's completion of training and a copy of the
	person's criminal history background check to the probate court not
	later than the 10th day before the date of the hearing to appoint a
	guardian.
	Sec. 155.204.  TRAINING REQUIRED. (a)  In adopting rules
	under Section 155.203, the supreme court shall:
	(1)  subject to Subdivision (2), ensure that before a
	person is appointed guardian, the person completes a training
	course:
	(A)  designed by the commission to educate
	proposed guardians about their responsibilities as guardians,
	alternatives to guardianships, supports and services available to
	the proposed ward, and a ward's bill of rights under Section
	1151.351, Estates Code; and
	(B)  made available for free to proposed guardians
	by the commission online via the commission's Internet website and,
	on request, in a written format; and
	(2)  identify the circumstances under which a court may
	waive the training required under this section.
	(b)  Notwithstanding Section 155.203(b) or Section 1251.052,
	Estates Code, the training required under Subsection (a):
	(1)  does not apply to the initial appointment of a
	temporary guardian under Chapter 1251, Estates Code; and
	(2)  applies only if there is a motion to extend the
	term of a temporary guardian.
	(c)  The commission may make the training required under this
	section available to court investigators and guardians ad litem. A
	court investigator or guardian ad litem is not required to receive
	training unless required to do so by a court.
	Sec. 155.205.  DUTY TO OBTAIN CRIMINAL HISTORY RECORD
	INFORMATION. (a)  In accordance with the rules adopted by the
	supreme court under Section 155.203, the commission 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 an individual seeking
	appointment as a guardian or temporary guardian.
	(b)  The commission shall obtain:
	(1)  fingerprint-based criminal history record
	information of an applicant if the liquid assets of the estate of a
	ward exceed $50,000; or
	(2)  name-based criminal history record information of
	an applicant if the liquid assets of the estate of a ward are
	$50,000 or less.
	Sec. 155.206.  INFORMATION FOR EXCLUSIVE USE OF COMMISSION
	AND COURT. (a)  Criminal history record information obtained under
	this subchapter is privileged and confidential and is for the
	exclusive use of the commission and the court with jurisdiction
	over the guardianship.  The criminal history record information may
	not be released or otherwise disclosed to any person or agency
	except on court order or consent of the individual being
	investigated.
	(b)  The commission may destroy the criminal history record
	information after the information is used for the purposes
	authorized by this subchapter.
	Sec. 155.207.  USE OF CRIMINAL HISTORY RECORD INFORMATION.
	(a)  The commission shall use the criminal history record
	information obtained under this subchapter only for a purpose
	authorized by this subchapter or to maintain the registration of a
	guardianship under Subchapter D.
	(b)  A court may use the criminal history record information
	obtained under this subchapter only in the same manner and only to
	the same extent a court is authorized to use the information under
	Section 1104.409, Estates Code.
	Sec. 155.208.  CLARIFICATION OF AUTHORITY GRANTED.
	(a)  This subchapter does not grant to the commission the authority
	to:
	(1)  establish additional qualifications or a code of
	ethics for individuals subject to training or a background check
	under this subchapter, require those individuals to pass
	examinations or take continuing education courses, or otherwise
	regulate those individuals; or
	(2)  interfere with a court's authority to ensure a
	guardian is performing all of the duties required of the guardian
	respecting a ward.
	(b)  Individuals subject to training or a background check
	under this subchapter are not subject to enforcement action under
	Chapter 153.
	Sec. 155.209.  FEE FOR OBTAINING CRIMINAL HISTORY RECORD
	INFORMATION. (a)  Except as provided by Subsection (b), the
	commission may charge a fee to obtain criminal history record
	information under this subchapter, in an amount approved by the
	supreme court.
	(b)  The supreme court may adopt rules excluding individuals
	who are indigent from having to pay the fee authorized by this
	section.
	(c)  A guardian is entitled to reimbursement from the
	guardianship estate as provided by Subchapter C, Chapter 1155,
	Estates Code, for the fee authorized by this section.
	SECTION 12.  Section 411.1386(a-6), Government Code, is
	amended to read as follows:
	(a-6)  The clerk described by Subsection (a) is not required
	to obtain criminal history record information for a person [who
	holds a certificate issued under Section 155.102 or a provisional
	certificate issued under Section 155.103] if the [guardianship
	certification program of the] Judicial Branch Certification
	Commission conducted a criminal history check on the person under
	Chapter 155 [before issuing or renewing the certificate].  The
	commission shall provide to the clerk at the court's request the
	criminal history record information that was obtained from the
	department or the Federal Bureau of Investigation.
	SECTION 13.  Subchapter A, Chapter 573, Health and Safety
	Code, is amended by adding Section 573.0021 to read as follows:
	Sec. 573.0021.  DUTY OF PEACE OFFICER TO NOTIFY PROBATE
	COURTS. As soon as practicable, but not later than the first
	working day after the date a peace officer takes a person who is a
	ward into custody, the peace officer shall notify the court having
	jurisdiction over the ward's guardianship of the ward's detention
	or transportation to a facility in accordance with Section 573.001.
	SECTION 14.  (a)  Not later than June 1, 2018, the Office of
	Court Administration of the Texas Judicial System shall establish
	the guardianship database required under Section 155.152,
	Government Code, as added by this Act, and provide access to the
	database to the Department of Public Safety in accordance with
	Section 155.153, Government Code, as added by this Act.
	(b)  A law enforcement officer or other person with custody
	of a ward is not required to comply with Articles 14.055 and 15.171,
	Code of Criminal Procedure, Section 52.011, Family Code, or Section
	573.0021, Health and Safety Code, as added by this Act, as
	applicable, until July 1, 2018.
	SECTION 15.  (a)  As soon as practicable after the effective
	date of this Act, the Supreme Court of Texas, after consulting with
	the Judicial Branch Certification Commission, shall adopt rules
	necessary to implement Subchapter E, Chapter 155, Government Code,
	as added by this Act.
	(b)  A proposed guardian is not required to comply with
	Section 155.204, Government Code, as added by this Act, until June
	1, 2018.
	SECTION 16.  This Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1096 passed the Senate on
	April 3, 2017, by the following vote:  Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1096 passed the House on
	May 19, 2017, by the following vote:  Yeas 125, Nays 16, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor