Guardianship Background Check Bill Reaches People Outside The Household

The text as introduced · 277 words

By: Menéndez
S.B. No. 2940

A BILL TO BE ENTITLED

AN ACT

relating to mandatory criminal history background checks for all

adult members of a household in which an individual seeking

guardianship resides.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Amend the Government Code by amending Section

155.001 of the Government Code as follows:

Sec. 155.001. DEFINITIONS. In this chapter:

(8)"Adult member of the household" refers to any person 18

years of age or older who:

(A) Resides in the household of the proposed guardian;

(B) Will have regular or frequent contact with the

proposed ward; or

(C) Will be responsible for providing care,

supervision, or assistance to the proposed ward.

SECTION 2. Amend the Government Code by amending Section

155.203 of the Government Code as follows:

Sec. 155.203. DUTY TO PROVIDE ASSISTANCE IN QUALIFYING

GUARDIANS; SUPREME COURT RULEMAKING. (a) The supreme court, after

consulting with the commission, shall by rule establish a process

by which the commission performs training and criminal history

background checks for individuals seeking appointment as guardian

and for all adult members of the household in which the proposed

guardian resides.

(b) In adopting rules under this section, the supreme court

shall ensure that the commission is required to provide

confirmation of a person's completion of training and a copy of the

person's criminal history background check s for individuals

seeking appointment as guardian and for all adult members of the

household in which the proposed guardian resides to the probate

court not later than the 10th day before the date of the hearing to

appoint a guardian.

SECTION 3. This Act takes effect September 1, 2025.