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.
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.
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