S.B. No. 36         AN ACT   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issued to the   program under Subchapter D, Chapter 155, Government Code, is   expired or refused renewal, or has been revoked and not been   reissued; or                (3)  during the time a registration certificate issued   to the program under Subchapter D, Chapter 155, Government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