CHAPTER 111. GUARDIANSHIP CERTIFICATION BOARD
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE J. GUARDIANSHIPS
CHAPTER 111. GUARDIANSHIP CERTIFICATION BOARD
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 111.001. DEFINITIONS. In this chapter:
(1) "Administrative director" means the administrative director
of the courts as appointed by Chapter 72.
(2) "Board" means the Guardianship Certification Board.
(3) "Corporate fiduciary" has the meaning assigned by Section
601, Texas Probate Code.
(4) "Director" means the administrative officer of the board, as
provided by Section 111.021.
(5) "Guardian" has the meaning assigned by Section 601, Texas
Probate Code.
(6) "Guardianship program" means a local, county, or regional
program that provides guardianship and related services to an
incapacitated person or other person who needs assistance in
making decisions concerning the person's own welfare or financial
affairs.
(7) "Incapacitated person" has the meaning assigned by Section
601, Texas Probate Code.
(8) "Office of Court Administration" means the Office of Court
Administration of the Texas Judicial System.
(9) "Private professional guardian" means a person, other than
an attorney or a corporate fiduciary, who is engaged in the
business of providing guardianship services.
(10) "Ward" has the meaning assigned by Section 601, Texas
Probate Code.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.002. RULES. The supreme court may adopt rules
consistent with this chapter, including rules governing the
certification of individuals providing guardianship services.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.003. SUNSET PROVISION. The board is subject to Chapter
325, Government Code (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board is abolished and
this chapter expires September 1, 2015.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 111.011. BOARD. (a) The Guardianship Certification Board
is composed of:
(1) 11 members appointed by the supreme court; and
(2) four public members appointed by the supreme court from a
list of nominees submitted by the governor.
(b) The supreme court shall appoint members under Subsection
(a)(1) from the different geographical areas of this state.
(c) In making an appointment under Subsection (a)(2), the
supreme court may reject one or more of the nominees on a list
submitted by the governor and request a new list of different
nominees.
(d) To be eligible for appointment to the board other than as a
public member, an individual must have demonstrated experience
working with:
(1) a guardianship program;
(2) an organization that advocates on behalf of or in the
interest of elderly individuals;
(3) an organization that advocates on behalf of or in the
interest of individuals with mental illness or mental retardation
or individuals with physical disabilities; or
(4) incapacitated individuals.
(e) The public members of the board must be:
(1) caretakers of individuals with mental illness or mental
retardation or individuals with physical disabilities; or
(2) persons who advocate on behalf of or in the interest of
individuals with mental illness or mental retardation or
individuals with physical disabilities.
(f) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointees.
(g) The members of the board serve for staggered six-year terms,
with the terms of one-third of the members expiring on February 1
of each odd-numbered year. Board members serve without
compensation but are entitled to reimbursement for travel
expenses and other actual and necessary expenses incurred in the
performance of official board duties, as provided by the General
Appropriations Act.
(h) The board shall elect from among its members a presiding
officer and other officers considered necessary.
(i) The board shall meet at least quarterly at the call of the
presiding officer.
(j) Any action taken by the board must be approved by a majority
vote of the members present.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
32, Sec. 1, eff. September 1, 2007.
Sec. 111.012. ADMINISTRATIVE ATTACHMENT. (a) The board is
administratively attached to the Office of Court Administration.
(b) Notwithstanding any other law, the Office of Court
Administration shall:
(1) provide administrative assistance, services, and materials
to the board, including budget planning and purchasing;
(2) accept, deposit, and disburse money made available to the
board;
(3) pay the salaries and benefits of the director;
(4) reimburse the travel expenses and other actual and necessary
expenses of the director incurred in the performance of a
function of the board, as provided by the General Appropriations
Act;
(5) reimburse the travel expenses and other actual and necessary
expenses of board members incurred in the performance of official
board duties, as provided by the General Appropriations Act; and
(6) provide the board with adequate computer equipment and
support.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
32, Sec. 2, eff. September 1, 2007.
Sec. 111.013. ELIGIBILITY OF PUBLIC MEMBERS. A person is not
eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is certified by the board;
(2) is registered, certified, or licensed by a regulatory agency
in the field of guardianship;
(3) is employed by or participates in the management of a
business entity or other organization regulated by the board or
receiving money from the Office of Court Administration;
(4) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the board or receiving money from the Office of
Court Administration; or
(5) uses or receives a substantial amount of tangible goods,
services, or funds from the Office of Court Administration.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.014. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board or may not be the
director in a "bona fide executive, administrative, or
professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the
federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
et seq.), if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of guardianship; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
guardianship.
(c) A person may not be a member of the board if the person is
required to register as a lobbyist under Chapter 305 because of
the person's activities for compensation on behalf of a
profession related to the operation of the board.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.015. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
ground for removal from the board that a member:
(1) does not have at the time of appointment the qualifications
required by Section 111.011;
(2) does not maintain during service on the board the
qualifications required by Section 111.011;
(3) is ineligible for membership under Section 111.013 or
111.014;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year without an excuse approved by a majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the director has knowledge that a potential ground for
removal exists, the director shall notify the presiding officer
of the board of the potential ground. The presiding officer
shall then notify the chief justice of the supreme court that a
potential ground for removal exists. If the potential ground for
removal involves the presiding officer, the director shall notify
the next highest ranking officer of the board, who shall then
notify the chief justice of the supreme court that a potential
ground for removal exists.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.016. POWERS AND DUTIES OF BOARD. (a) The board is
charged with the executive functions necessary to carry out the
purposes of this chapter under rules adopted by the supreme
court.
(b) The board shall:
(1) administer and enforce this chapter;
(2) develop and recommend proposed rules and procedures to the
supreme court as necessary to implement this chapter;
(3) set the amount of each fee prescribed by Section 111.042,
subject to the approval of the supreme court;
(4) establish the qualifications for obtaining:
(A) certification or recertification under Section 111.042; and
(B) provisional certification under Section 111.0421;
(5) issue certificates to:
(A) individuals who meet the certification requirements of
Section 111.042; and
(B) individuals who meet the provisional certification
requirements of Section 111.0421; and
(6) perform any other duty required by this chapter or other
law.
(c) The board may appoint any necessary or proper subcommittee.
(d) The board shall maintain:
(1) a complete record of each board proceeding; and
(2) a complete record of each certification, including a
provisional certificate, issued, renewed, suspended, or revoked
under this chapter.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
16, Sec. 1, eff. April 25, 2007.
Sec. 111.017. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the role and functions of the board;
(3) the current budget for the board;
(4) the results of the most recent formal audit of the board;
and
(5) any applicable ethics policies adopted by the board.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.018. USE OF TECHNOLOGY. The Office of Court
Administration shall research and propose appropriate
technological solutions to improve the board's ability to perform
its functions. The technological solutions must:
(1) ensure that the public is able to easily find information
about the board on the Internet;
(2) ensure that persons who want to use the board's services are
able to:
(A) interact with the board through the Internet; and
(B) access any service that can be provided effectively through
the Internet; and
(3) be cost-effective and developed through the board's planning
processes.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.019. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a)
The board shall develop and implement a policy to encourage the
use of appropriate alternative dispute resolution procedures to
assist in the resolution of internal and external disputes under
the board's jurisdiction.
(b) The procedures relating to alternative dispute resolution
under this section must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.020. PUBLIC ACCESS. The board shall develop and
implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the board.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.021. DIRECTOR. (a) The administrative director shall
employ a director from a list of candidates submitted by the
board. The administrative director may request an additional
list of candidates if the administrative director does not select
any of the initial candidates recommended by the board.
(b) The list may contain the hiring preference of the board.
(c) The director is the administrative officer of the board and
is charged with carrying out the duties and functions conferred
on the director by the board, this subchapter, and other law.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.022. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the director.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.023. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The director shall provide to members of the board,
as often as necessary, information regarding the requirements for
office under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
SUBCHAPTER C. REGULATION OF CERTAIN GUARDIANS
Sec. 111.041. STANDARDS FOR CERTAIN GUARDIANSHIPS AND
ALTERNATIVES TO GUARDIANSHIP. (a) The board shall adopt minimum
standards for:
(1) the provision of guardianship services or other similar but
less restrictive types of assistance or services by:
(A) guardianship programs; and
(B) private professional guardians; and
(2) the provision of guardianship services by the Department of
Aging and Disability Services.
(b) The board shall design the standards to protect the
interests of an incapacitated person or other person needing
assistance making decisions concerning the person's own welfare
or financial affairs.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.042. CERTIFICATION REQUIRED FOR CERTAIN GUARDIANS. (a)
To provide guardianship services in this state, the following
individuals must hold a certificate issued under this section:
(1) an individual who is a private professional guardian;
(2) an individual who will provide those services to a ward of a
private professional guardian or the Department of Aging and
Disability Services on the guardian's or department's behalf; and
(3) an individual, other than a volunteer, who will provide
those services to a ward of a guardianship program on the
program's behalf.
(b) An applicant for a certificate under this section must:
(1) apply to the board on a form prescribed by the board; and
(2) submit with the application a nonrefundable application fee
in an amount determined by the board, subject to the approval of
the supreme court.
(c) The supreme court may adopt rules and procedures for issuing
a certificate and for renewing, suspending, or revoking a
certificate issued under this section. Any rules adopted by the
supreme court under this section must:
(1) ensure compliance with the standards adopted under Section
111.041;
(2) provide that the board establish qualifications for
obtaining and maintaining certification;
(3) provide that the board issue certificates under this
section;
(4) provide that a certificate expires on the second anniversary
of the date the certificate is issued;
(5) prescribe procedures for accepting complaints and conducting
investigations of alleged violations of the minimum standards
adopted under Section 111.041 or other terms of the certification
by certificate holders; and
(6) prescribe procedures by which the board, after notice and
hearing, may suspend or revoke the certificate of a holder who
fails to substantially comply with appropriate standards or other
terms of the certification.
(d) If the requirements for issuing a certificate under this
section include passage of an examination covering guardianship
education requirements:
(1) the board shall develop and the director shall administer
the examination; or
(2) the board shall direct the director to contract with another
person or entity the board determines has the expertise and
resources to develop and administer the examination.
(e) In lieu of the certification requirements imposed under this
section, the board may issue a certificate to an individual to
engage in business as a guardian or to provide guardianship
services in this state if the individual:
(1) submits an application to the board in the form prescribed
by the board;
(2) pays a fee in a reasonable amount determined by the board,
subject to the approval of the supreme court;
(3) is certified, registered, or licensed as a guardian by a
national organization or association the board determines has
requirements at least as stringent as those prescribed by the
board under this subchapter; and
(4) is in good standing with the organization or association
with whom the person is licensed, certified, or registered.
(f) An employee of the Department of Aging and Disability
Services who is applying for a certificate under this section to
provide guardianship services to a ward of the department is
exempt from payment of an application fee required by this
section.
(g) An application fee or other fee collected under this section
shall be deposited to the credit of the guardianship
certification account in the general revenue fund and may be
appropriated only to the Office of Court Administration for the
administration and enforcement of this chapter.
(h) The Texas Department of Licensing and Regulation shall
advise and assist the board as necessary in administering the
certification process established under this section.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.0421. PROVISIONAL CERTIFICATE. (a) Notwithstanding
Section 111.042(a), the board may issue a provisional certificate
to an individual who:
(1) does not meet the qualifications for obtaining certification
under Section 111.042; and
(2) possesses the qualifications for provisional certification
required by rules adopted by the supreme court.
(b) An individual who holds a provisional certificate may
provide guardianship services in this state only under the
supervision of an individual certified under Section 111.042.
(c) The supreme court may adopt rules and procedures for issuing
a provisional certificate under this section that, at a minimum,
must:
(1) ensure compliance with the standards adopted under Section
111.041; and
(2) provide that the board establishes qualifications for
obtaining and maintaining the certification.
Added by Acts 2007, 80th Leg., R.S., Ch.
16, Sec. 2, eff. April 25, 2007.
Sec. 111.043. INFORMATION FROM PRIVATE PROFESSIONAL GUARDIANS.
In addition to the information submitted under Section 697(e),
Texas Probate Code, the director may require a private
professional guardian or a person who represents or plans to
represent the interests of a ward as a guardian on behalf of the
private professional guardian to submit information considered
necessary to monitor the person's compliance with the applicable
standards adopted under Section 111.041 or with the certification
requirements of Section 111.042.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Sec. 111.044. ANNUAL DISCLOSURE. (a) Not later than January 31
of each year, each guardianship program shall provide to the
board a report containing for the preceding year:
(1) the number of wards served by the guardianship program
reported by county in which the application to create a
guardianship for the ward is filed and the total number of wards
served by the guardianship program;
(2) the name, business address, and business telephone number of
each individual employed by or volunteering or contracting with
the guardianship program to provide guardianship services to a
ward or proposed ward of the program;
(3) the name of each county in which an individual described by
Subdivision (2) provides or is authorized to provide guardianship
services;
(4) the total amount of money received from this state for the
provision of guardianship services; and
(5) the amount of money received from any other public source,
including a county or the federal government, for the provision
of guardianship services, reported by source, and the total
amount of money received from those public sources.
(b) Not later than January 31 of each year, each private
professional guardian shall provide to the board a report
containing for the preceding year:
(1) the number of wards served by the private professional
guardian reported by county in which the application to create a
guardianship for the ward is filed and the total number of wards
served by the private professional guardian;
(2) the name, business address, and business telephone number of
each individual who provides guardianship services to a ward of
the private professional guardian on behalf of the private
professional guardian;
(3) the total amount of money received from this state for the
provision of guardianship services; and
(4) the amount of money received from any other public source,
including a county or the federal government, for the provision
of guardianship services, reported by source, and the total
amount of money received from those public sources.
(c) A private professional guardian shall submit with the report
required under Subsection (b) a copy of the guardian's
application for a certificate of registration required by Section
697(a), Texas Probate Code.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 3.24, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
510, Sec. 1, eff. September 1, 2009.