Bill Text: TX SB1235 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to guardianships, including assessments for and provision of guardianship services by the Department of Aging and Disability Services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - See remarks for effective date [SB1235 Detail]
Download: Texas-2013-SB1235-Enrolled.html
S.B. No. 1235 |
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relating to guardianships, including assessments for and provision | ||
of guardianship services by the Department of Aging and Disability | ||
Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (a), Section 59.006, Finance Code, is | ||
amended to read as follows: | ||
(a) This section provides the exclusive method for | ||
compelled discovery of a record of a financial institution relating | ||
to one or more customers but does not create a right of privacy in a | ||
record. This section does not apply to and does not require or | ||
authorize a financial institution to give a customer notice of: | ||
(1) a demand or inquiry from a state or federal | ||
government agency authorized by law to conduct an examination of | ||
the financial institution; | ||
(2) a record request from a state or federal | ||
government agency or instrumentality under statutory or | ||
administrative authority that provides for, or is accompanied by, a | ||
specific mechanism for discovery and protection of a customer | ||
record of a financial institution, including a record request from | ||
a federal agency subject to the Right to Financial Privacy Act of | ||
1978 (12 U.S.C. Section 3401 et seq.), as amended, or from the | ||
Internal Revenue Service under Section 1205, Internal Revenue Code | ||
of 1986; | ||
(3) a record request from or report to a government | ||
agency arising out of: | ||
(A) the investigation or prosecution of a | ||
criminal offense; | ||
(B) [ |
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neglect, or exploitation of an elderly or disabled person in | ||
accordance with Chapter 48, Human Resources Code; or | ||
(C) the assessment for or provision of | ||
guardianship services under Subchapter E, Chapter 161, Human | ||
Resources Code; | ||
(4) a record request in connection with a garnishment | ||
proceeding in which the financial institution is garnishee and the | ||
customer is debtor; | ||
(5) a record request by a duly appointed receiver for | ||
the customer; | ||
(6) an investigative demand or inquiry from a state | ||
legislative investigating committee; | ||
(7) an investigative demand or inquiry from the | ||
attorney general of this state as authorized by law other than the | ||
procedural law governing discovery in civil cases; or | ||
(8) the voluntary use or disclosure of a record by a | ||
financial institution subject to other applicable state or federal | ||
law. | ||
SECTION 2. Section 1101.104, Estates Code, as effective | ||
January 1, 2014, is amended to read as follows: | ||
Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING | ||
INTELLECTUAL DISABILITY [ |
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disability [ |
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alleged incapacity, the court may not grant an application to | ||
create a guardianship for the proposed ward unless the applicant | ||
presents to the court a written letter or certificate that: | ||
(1) [ |
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(b)[ |
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(2) shows that not earlier than 24 months before the | ||
hearing date [ |
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(A) [ |
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has been examined by a physician or psychologist licensed in this | ||
state or certified by the Department of Aging and Disability | ||
Services to perform the examination, in accordance with rules of | ||
the executive commissioner of the Health and Human Services | ||
Commission governing examinations of that kind,[ |
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findings and recommendations include[ |
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an intellectual disability; or | ||
(B) a physician or psychologist licensed in this | ||
state or certified by the Department of Aging and Disability | ||
Services to perform examinations described by Paragraph (A) updated | ||
or endorsed in writing a prior determination of an intellectual | ||
disability for the proposed ward made by a physician or | ||
psychologist licensed in this state or certified by the department | ||
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SECTION 3. The changes in law made by this Act to Section | ||
1101.104, Estates Code, as effective January 1, 2014, apply only to | ||
an application to create a guardianship filed on or after the | ||
effective date of this Act. An application to create a guardianship | ||
filed before the effective date of this Act is governed by the law | ||
in effect on the date the application was filed, and the former law | ||
is continued in effect for that purpose. | ||
SECTION 4. To the extent of any conflict, this Act prevails | ||
over another Act of the 83rd Legislature, Regular Session, 2013, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 5. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect January 1, 2014. | ||
(b) Subsection (a), Section 59.006, Finance Code, as | ||
amended by this Act, takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1235 passed the Senate on | ||
April 18, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1235 passed the House on | ||
May 17, 2013, by the following vote: Yeas 134, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |