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

Texas House Bill 3896 (Prior Session Legislation)

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.