Bill Text: TX SB36 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the regulation of certain guardianship programs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-06-12 - Effective on 9/1/17 [SB36 Detail]
Download: Texas-2017-SB36-Enrolled.html
| S.B. No. 36 | ||
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| relating to the regulation of certain guardianship programs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter H, Chapter 1104, Estates Code, is | ||
| amended by adding Section 1104.359 to read as follows: | ||
| Sec. 1104.359. EFFECT OF LACK OF REQUIRED REGISTRATION. | ||
| (a) A guardianship program may not be appointed guardian: | ||
| (1) if the program is not registered as required under | ||
| Subchapter D, Chapter 155, Government Code; | ||
| (2) if a registration certificate issued to the | ||
| program under Subchapter D, Chapter 155, Government Code, is | ||
| expired or refused renewal, or has been revoked and not been | ||
| reissued; or | ||
| (3) during the time a registration certificate issued | ||
| to the program under Subchapter D, Chapter 155, Government Code, is | ||
| suspended. | ||
| (b) This section does not prevent the appointment, on the | ||
| individual's own behalf, of an individual who is employed by or | ||
| contracts with a guardianship program to provide guardianship and | ||
| related services independently of the program. | ||
| SECTION 2. Section 155.101(a), Government Code, is amended | ||
| to read as follows: | ||
| (a) The commission shall adopt minimum standards for: | ||
| (1) the provision of guardianship services or other | ||
| similar but less restrictive types of assistance or services by: | ||
| (A) individuals employed by or contracting with | ||
| guardianship programs to provide the assistance or services on | ||
| behalf of the programs; and | ||
| (B) private professional guardians; and | ||
| (2) the provision of guardianship services by the | ||
| Department of Aging and Disability Services or its successor | ||
| agency. | ||
| SECTION 3. Section 155.102, Government Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) An individual who directly supervises an individual | ||
| who will provide guardianship services in this state to a ward of a | ||
| guardianship program must hold a certificate issued under this | ||
| section. | ||
| SECTION 4. Subchapter C, Chapter 155, Government Code, is | ||
| amended by adding Section 155.106 to read as follows: | ||
| Sec. 155.106. PROHIBITED EMPLOYMENT. A guardianship | ||
| program may not employ an individual to provide, or directly | ||
| supervise the provision of, guardianship and related services on | ||
| the program's behalf: | ||
| (1) if a certificate issued to the individual under | ||
| this subchapter is expired or refused renewal, or has been revoked | ||
| and not been reissued; or | ||
| (2) during the time a certificate issued to the | ||
| individual under this subchapter is suspended. | ||
| SECTION 5. Chapter 155, Government Code, is amended by | ||
| adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. REGULATION OF GUARDIANSHIP PROGRAMS | ||
| Sec. 155.151. APPLICATION OF SUBCHAPTER. This subchapter | ||
| does not apply to guardianship and related services provided by a | ||
| guardianship program under a contract with the Health and Human | ||
| Services Commission. | ||
| Sec. 155.152. STANDARDS FOR OPERATION OF GUARDIANSHIP | ||
| PROGRAMS. (a) The commission, in consultation with the Health and | ||
| Human Services Commission and other interested parties, shall adopt | ||
| minimum standards for the operation of guardianship programs. | ||
| (b) The commission shall design the standards to monitor and | ||
| ensure the quality of guardianship and related services provided by | ||
| guardianship programs. | ||
| (c) Standards adopted under this section must be designed to | ||
| ensure continued compliance by a guardianship program with this | ||
| chapter and other applicable state law. | ||
| Sec. 155.153. REGISTRATION REQUIRED FOR GUARDIANSHIP | ||
| PROGRAMS. (a) A guardianship program may not provide guardianship | ||
| and related services to an incapacitated person or other person | ||
| described by Section 155.001(4) unless the program is registered | ||
| with and holds a certificate of registration issued by the | ||
| commission under this subchapter. | ||
| (b) The supreme court shall adopt rules and procedures for | ||
| issuing, renewing, suspending, or revoking a registration | ||
| certificate under this section. Rules adopted by the supreme court | ||
| under this section must: | ||
| (1) ensure compliance with the standards adopted under | ||
| Section 155.152; | ||
| (2) provide that the commission establish | ||
| qualifications for obtaining and maintaining a registration | ||
| certificate; | ||
| (3) provide that a registration certificate expires on | ||
| the second anniversary of the date the certificate is issued; | ||
| (4) prescribe procedures for accepting complaints and | ||
| conducting investigations of alleged violations by guardianship | ||
| programs of the standards adopted under Section 155.152 or other | ||
| violations of this chapter or other applicable state law; | ||
| (5) prescribe procedures by which the commission, | ||
| after notice and hearing, may suspend or revoke the registration | ||
| certificate of a guardianship program that does not substantially | ||
| comply with the standards adopted under Section 155.152 or other | ||
| provisions of this chapter or other applicable state law; and | ||
| (6) prescribe procedures for addressing a | ||
| guardianship for which a guardianship program is the appointed | ||
| guardian if the guardianship program's registration certificate is | ||
| expired or refused renewal, or has been revoked and not been | ||
| reissued. | ||
| Sec. 155.154. REGISTRATION DATABASE. (a) The commission | ||
| shall make available on the commission's Internet website a | ||
| publicly accessible list of all registered guardianship programs. | ||
| The list must contain the following for each guardianship program: | ||
| (1) the information provided under Section | ||
| 155.105(a); and | ||
| (2) whether the guardianship program holds in good | ||
| standing a registration certificate under this subchapter. | ||
| (b) The commission shall update the list described by | ||
| Subsection (a) at least quarterly. | ||
| SECTION 6. (a) As soon as practicable after the effective | ||
| date of this Act, the Judicial Branch Certification Commission and | ||
| the Supreme Court of Texas shall adopt the standards and rules, | ||
| respectively, necessary to implement Subchapter D, Chapter 155, | ||
| Government Code, as added by this Act. | ||
| (b) A guardianship program is not required to hold a | ||
| registration certificate issued under Section 155.153, Government | ||
| Code, as added by this Act, until September 1, 2018. | ||
| (c) An individual described by Section 155.102(a-1), | ||
| Government Code, as added by this Act, is not required to hold a | ||
| certificate issued under that section until September 1, 2018. | ||
| SECTION 7. This Act takes effect September 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 36 passed the Senate on | ||
| March 8, 2017, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 25, 2017, by the | ||
| following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 36 passed the House, with | ||
| amendment, on May 22, 2017, by the following vote: Yeas 126, | ||
| Nays 16, three present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
