Bill Text: TX HB3896 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to access to certain financial records by the guardianship abuse, fraud, and exploitation deterrence program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-21 - Left pending in committee [HB3896 Detail]

Download: Texas-2021-HB3896-Introduced.html
  87R6948 EAS-F
 
  By: Smithee H.B. No. 3896
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access to certain financial records by the guardianship
  abuse, fraud, and exploitation deterrence program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 72.121, Government Code, is amended by
  amending Subdivision (1) and adding Subdivisions (1-a), (1-b), and
  (3) to read as follows:
               (1)  "Estate" has the meaning assigned by Section
  1002.010, Estates Code.
               (1-a) "Financial institution" has the meaning assigned
  by Section 201.101, Finance Code.
               (1-b) "Guardianship proceeding" has the meaning
  assigned by Section 1002.015, Estates Code.
               (3)  "Ward" has the meaning assigned by Section
  1002.030, Estates Code.
         SECTION 2.  Subchapter G, Chapter 72, Government Code, is
  amended by adding Section 72.1221 to read as follows:
         Sec. 72.1221.  PROGRAM ACCESS TO FINANCIAL RECORDS. (a) To
  the extent allowed and in the manner required by federal law, a
  financial institution or other person, as applicable, shall on
  request provide the program with access to financial institution
  records, accounting records, and other financial records
  concerning a ward or the ward's estate, including receipts, records
  of deposits and withdrawals, invoices, bills, and any other records
  of transactions involving the money or assets of a ward or the
  ward's estate, for purposes of conducting reviews and audits under
  the program. 
         (b)  The program may request the court in which the
  guardianship is pending to order a financial institution or other
  person who possesses the records described by Subsection (a) to
  provide the records to the program. 
         (c)  After notice and a hearing, the court may issue an order
  requiring the financial institution or other person to provide the
  records to the program under the conditions the court prescribes. 
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
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