Bill Text: TX SB31 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to establishing a guardianship abuse, fraud, and exploitation deterrence program.
Spectrum: Slight Partisan Bill (Republican 11-4)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB31 Detail]
Download: Texas-2019-SB31-Enrolled.html
S.B. No. 31 |
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relating to establishing a guardianship abuse, fraud, and | ||
exploitation deterrence 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 ABUSE, FRAUD, AND EXPLOITATION | ||
DETERRENCE 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 abuse, fraud, and | ||
exploitation deterrence program established by this subchapter. | ||
Sec. 72.122. ESTABLISHMENT OF PROGRAM. (a) The office | ||
shall establish and maintain a guardianship abuse, fraud, and | ||
exploitation deterrence 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 to the appropriate courts any concerns | ||
of potential abuse, fraud, or exploitation, including financial | ||
exploitation, committed against a ward and discovered as a result | ||
of the specialists' work under this section; 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 concerning | ||
potential abuse, fraud, or exploitation, including financial | ||
exploitation, committed against 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 31 passed the Senate on | ||
April 9, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 31 passed the House on | ||
May 17, 2019, by the following vote: Yeas 140, Nays 2, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |