2005 Texas Government Code CHAPTER 111. GUARDIANSHIP CERTIFICATION BOARD

GOVERNMENT CODE

SUBTITLE J. GUARDIANSHIPS

CHAPTER 111. GUARDIANSHIP CERTIFICATION BOARD

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS


	§ 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 are not 
entitled to receive compensation or reimbursement for expenses.
	(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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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;  and
		(5)  provide the board with adequate computer equipment 
and support.        

Added by Acts 2005, 79th Leg., ch. 268, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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 
certification or recertification under Section 111.042;
		(5)  issue certificates to individuals who meet the 
certification requirements of Section 111.042;  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 issued, 
renewed, suspended, or revoked under Section 111.042.

Added by Acts 2005, 79th Leg., ch. 268, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      

SUBCHAPTER C. REGULATION OF CERTAIN GUARDIANS


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 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, § 3.24, eff. Sept. 1, 
2005.      


	§ 111.044. ANNUAL DISCLOSURE.  Not later than January 31 
of each year, each guardianship program and private professional 
guardian shall provide to the board a report containing for the 
preceding year:
		(1)  the total number of wards served by the 
guardianship program or private professional guardian, as 
applicable;
		(2)  the total amount of money received from this state 
for the provision of guardianship services;  and
		(3)  the total amount of money received from any other 
public source, including a county or the federal government, for 
the provision of guardianship services.

Added by Acts 2005, 79th Leg., ch. 268, § 3.24, eff. Sept. 1, 
2005.