Relating to the application for appointment of a guardian and to requiring criminal history record information and other information in connection with the guardianship of a ward or the ward's estate.

89(R) SB 2342 - House Committee Report version - Bill Text

By: Zaffirini

S.B. No. 2342

(Hayes)

A BILL TO BE ENTITLED

AN ACT

relating to the application for appointment of a guardian and to

requiring criminal history record information and other

information in connection with the guardianship of a ward or the

ward's estate.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1101.001(b), Estates Code, is amended to

read as follows:

(b) The application must be sworn to by the applicant and

state:

(1) the proposed ward's name, sex, date of birth, and

address;

(2) the name, former name, if any, relationship, and

address of the person the applicant seeks to have appointed as

guardian;

(3) whether guardianship of the person or estate, or

both, is sought;

(3-a) whether alternatives to guardianship and

available supports and services to avoid guardianship were

considered;

(3-b) whether any alternatives to guardianship and

supports and services available to the proposed ward considered are

feasible and would avoid the need for a guardianship;

(4) the nature and degree of the alleged incapacity,

the specific areas of protection and assistance requested, and the

limitation or termination of rights requested to be included in the

court's order of appointment, including a termination of:

(A) the right of a proposed ward who is 18 years

of age or older to vote in a public election;

(B) the proposed ward's eligibility to hold or

obtain a license to operate a motor vehicle under Chapter 521,

Transportation Code; and

(C) the right of a proposed ward to make personal

decisions regarding residence;

(5) the facts requiring the appointment of a guardian;

(6) the interest of the applicant in the appointment

of a guardian;

(7) the nature and description of any kind of

guardianship existing for the proposed ward in any other state;

(8) the name
,
[
and
] address
, phone number, and date of

birth, if applicable,
of any person or institution having the care

and custody of the proposed ward
or the proposed ward's estate
;

(9) the approximate value and a detailed description

of the proposed ward's property, including:

(A) liquid assets, including any compensation,

pension, insurance, or allowance to which the proposed ward may be

entitled; and

(B) non-liquid assets, including real property;

(10) the name and address of any person whom the

applicant knows to hold a power of attorney signed by the proposed

ward and a description of the type of power of attorney;

(11) for a proposed ward who is a minor, the following

information if known by the applicant:

(A) the name of each of the proposed ward's

parents and either the parent's address or that the parent is

deceased;

(B) the name and age of each of the proposed

ward's siblings, if any, and either the sibling's address or that

the sibling is deceased; and

(C) if each of the proposed ward's parents and

adult siblings are deceased, the names and addresses of the

proposed ward's other living relatives who are related to the

proposed ward within the third degree by consanguinity and who are

adults;

(12) for a proposed ward who is a minor, whether the

minor was the subject of a legal or conservatorship proceeding in

the preceding two years and, if so:

(A) the court involved;

(B) the nature of the proceeding; and

(C) any final disposition of the proceeding;

(13) for a proposed ward who is an adult, the following

information if known by the applicant:

(A) the name of the proposed ward's spouse, if

any, and either the spouse's address or that the spouse is deceased;

(B) the name of each of the proposed ward's

parents and either the parent's address or that the parent is

deceased;

(C) the name and age of each of the proposed

ward's siblings, if any, and either the sibling's address or that

the sibling is deceased;

(D) the name and age of each of the proposed

ward's children, if any, and either the child's address or that the

child is deceased; and

(E) if there is no living spouse, parent, adult

sibling, or adult child of the proposed ward, the names and

addresses of the proposed ward's other living relatives who are

related to the proposed ward within the third degree by

consanguinity and who are adults;

(14) facts showing that the court has venue of the

proceeding; and

(15) if applicable, that the person whom the applicant

seeks to have appointed as a guardian is a private professional

guardian who is certified under Subchapter C, Chapter 155,

Government Code, and has complied with the requirements of

Subchapter G, Chapter 1104.

SECTION 2. The heading to Section 1104.402, Estates Code,

is amended to read as follows:

Sec. 1104.402. [
COURT CLERK'S
] DUTY TO OBTAIN CRIMINAL

HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.

SECTION 3. Section 1104.402, Estates Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) Except as provided by Section 1104.404 or 1104.406(a),

the clerk of the county having venue of the proceeding for the

appointment of a guardian shall
, based on information provided in

an application filed under Section 1101.001,
obtain criminal

history record information that is maintained by the Department of

Public Safety or the Federal Bureau of Investigation identification

division relating to any person
, other than an attorney or a person

who is a certified guardian,
proposed to serve as a guardian under

this title, including
:

(1)
a proposed temporary guardian
;

(2)
[
,
] a proposed successor guardian
; or

(3)
[
, or
] any person who will have
care and custody of

[
contact with
] the proposed ward or the proposed ward's estate on

behalf of the proposed guardian
and who is not otherwise required to

submit to a criminal background check under this section
[
, other

than an attorney or a person who is a certified guardian
].

(a-1)

A proposed guardian who is an attorney or a certified

guardian shall provide to the court the name, address, phone

number, and date of birth of any person who will have care and

custody of the proposed ward or the proposed ward's estate on the

proposed guardian's behalf.

If the person having care and custody

of the proposed ward or the proposed ward's estate on the proposed

guardian's behalf is not also a certified guardian, the clerk shall

obtain criminal history record information for that person as

specified by Subsection (a).

SECTION 4. Section 1104.405(a), Estates Code, is amended to

read as follows:

(a) Criminal history record information obtained or

provided under Section 1104.402 or 1104.404 is privileged and

confidential and is for the exclusive use of the court. The

criminal history record information may not be released or

otherwise disclosed to any person or agency except on court order.

The court may use the criminal history record information only to

determine whether to:

(1) appoint, remove, or continue the appointment of a

private professional guardian, a guardianship program, or the

Health and Human Services Commission; or

(2) appoint any person proposed to serve as a guardian

under this title, including a proposed temporary guardian, a

proposed successor guardian, or any person who will have
care or

custody of
[
contact with
] the proposed ward or the proposed ward's

estate on behalf of the proposed guardian, other than an attorney or

a certified guardian.

SECTION 5. Subchapter A, Chapter 1151, Estates Code, is

amended by adding Section 1151.006 to read as follows:

Sec.

1151.006.

GUARDIAN'S DUTY TO NOTIFY COURT OF CHANGES

CONCERNING CARE AND CUSTODY OF WARD; CLERK'S DUTY TO OBTAIN

CRIMINAL HISTORY RECORD INFORMATION.

(a) This section applies

only to a guardian who is a certified guardian or attorney and who

has designated a person to have care and custody of the ward or the

ward's estate on the guardian's behalf as provided by Section

1104.402(a-1).

(b)

A guardian shall notify the court of any change

concerning the designation or contact information of a person

having care and custody of a ward or the ward's estate on the

guardian's behalf not later than the 30th day after the date the

change occurs. If, as a result of a change in designation, the

guardian wants to designate another person who will have care and

custody of the ward or the ward's estate on the guardian's behalf,

the notification must also include the name, address, phone number,

and date of birth of that other person.

(c)

On receipt of notification of a change under Subsection

(b) that includes the name of a person who will have care and

custody of the ward or the ward's estate on behalf of the guardian,

the clerk of the court having jurisdiction over the proceeding

shall obtain criminal history record information that is maintained

by the Department of Public Safety or the Federal Bureau of

Investigation identification division relating to that person.

SECTION 6. Section 155.205(a), Government Code, is amended

to read as follows:

(a) In accordance with Subsection (c) and the rules adopted

by the supreme court under Section 155.203, the commission shall

obtain criminal history record information that is maintained by

the Department of Public Safety. The clerk shall obtain in

accordance with Subsection (b) criminal history record information

from the Federal Bureau of Investigation identification division

relating to an individual seeking appointment as a guardian or

temporary guardian
, and any individual who will have care and

custody of a proposed ward or the proposed ward's estate on behalf

of a certified guardian or attorney who has been appointed guardian

as required by Section 1104.402(a-1), Estates Code
.

SECTION 7. Section 411.1386(a), Government Code, is amended

to read as follows:

(a) Except as provided by Subsections (a-1) and (a-6), the

clerk of the county having venue over a proceeding for the

appointment of a guardian under Title 3, Estates Code, shall
, based

on information provided in an application filed under Section

1101.001, Estates Code,
obtain criminal history record information

as provided by Subsection (a-7) that relates to any person
, other

than an attorney or a person who is a certified guardian,
proposed

to serve as a guardian under Title 3, Estates Code, including
:

(1)
a proposed temporary guardian
;

(2)
[
,
] a proposed successor guardian
; or

(3)
[
, or
] any person who will have
care and custody of

[
contact with
] the proposed ward or the proposed ward's estate on

behalf of the proposed guardian
and who is not otherwise required to

submit to a criminal background check under this section
[
, other

than an attorney or a certified guardian
].

SECTION 8. This Act takes effect September 1, 2025.