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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain financial records by the guardianship |
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abuse, fraud, and exploitation deterrence program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 72.121, Government Code, is amended by |
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amending Subdivision (1) and adding Subdivisions (1-a), (1-b), and |
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(3) to read as follows: |
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(1) "Estate" has the meaning assigned by Section |
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1002.010, Estates Code. |
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(1-a) "Financial institution" has the meaning assigned |
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by Section 201.101, Finance Code. |
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(1-b) "Guardianship proceeding" has the meaning |
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assigned by Section 1002.015, Estates Code. |
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(3) "Ward" has the meaning assigned by Section |
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1002.030, Estates Code. |
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SECTION 2. Subchapter G, Chapter 72, Government Code, is |
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amended by adding Section 72.1221 to read as follows: |
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Sec. 72.1221. PROGRAM ACCESS TO FINANCIAL RECORDS. (a) To |
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the extent allowed and in the manner required by federal law, a |
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financial institution or other person, as applicable, shall on |
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request provide the program with access to financial institution |
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records, accounting records, and other financial records |
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concerning a ward or the ward's estate, including receipts, records |
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of deposits and withdrawals, invoices, bills, and any other records |
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of transactions involving the money or assets of a ward or the |
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ward's estate, for purposes of conducting reviews and audits under |
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the program. |
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(b) The program may request the court in which the |
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guardianship is pending to order a financial institution or other |
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person who possesses the records described by Subsection (a) to |
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provide the records to the program. |
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(c) After notice and a hearing, the court may issue an order |
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requiring the financial institution or other person to provide the |
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records to the program under the conditions the court prescribes. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |