reglab/housing_qa huggingface dataset:
TX Hum Res Code § 161.103 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.103. Contract for Guardianship Services

Sec. 161.103.  CONTRACT FOR GUARDIANSHIP SERVICES.  If appropriate, the department may contract with a political subdivision of this state, a guardianship program as defined by Section 1002.016, Estates Code, a private agency, or another state agency for the provision of guardianship services under this section.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.458, eff. April 2, 2015.|
TX Hum Res Code § 161.104 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.104. Quality Assurance Program

Sec. 161.104.  QUALITY ASSURANCE PROGRAM.  The department shall develop and implement a quality assurance program for guardianship services provided by or on behalf of the department.  If the department enters into a contract with a political subdivision, guardianship program, private agency, or other state agency under Section 161.103, the department shall establish a monitoring system as part of the quality assurance program to ensure the quality of guardianship services for which the department contracts under that section.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.|
TX Hum Res Code § 161.105 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.105. Oath

Sec. 161.105.  OATH.  A representative of the department shall take the oath required by the Estates Code on behalf of the department if the department is appointed guardian of the person or estate, or both, of a ward under Title 3 of that code.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.459, eff. April 2, 2015.|
TX Hum Res Code § 161.106 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.106. Guardianship Powers and Duties

Sec. 161.106.  GUARDIANSHIP POWERS AND DUTIES.  In serving as guardian of the person or estate, or both, for an incapacitated individual, the department has all the powers granted and duties prescribed to a guardian under Title 3, Estates Code, or any other applicable law.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.460, eff. April 2, 2015.|
TX Hum Res Code § 161.107 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.107. Exemption From Guardianship Bonds, Certain Costs, Fees, and Expenses

Sec. 161.107.  EXEMPTION FROM GUARDIANSHIP BONDS, CERTAIN COSTS, FEES, AND EXPENSES.  (a)  The department or a political subdivision of this state or state agency with which the department contracts under Section 161.103 is not required to post a bond or pay any cost or fee associated with a bond otherwise required by the Estates Code in guardianship matters.(b)  The department is not required to pay any cost or fee otherwise imposed for court proceedings or other services, including:(1)  a filing fee or fee for issuance of service of process imposed by Section 51.319, Government Code;(2)  a judge's fee imposed by Section 25.0008 or 25.0029, Government Code;(3)  a cost or security fee imposed by Section 53.051, 53.052, 1053.051, or 1053.052, Estates Code; or(4)  a fee imposed by a county officer under Section 118.011 or 118.052, Local Government Code.(c)  The department may not be required to pay fees associated with the appointment of a guardian ad litem or attorney ad litem.(d)  A political subdivision of this state or state agency with which the department contracts under Section 161.103 is not required to pay any cost or fee otherwise required by the Estates Code.(e)  If the department is appointed guardian, the department is not liable for funding services provided to the department's ward, including long-term care or burial expenses.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.461, eff. April 2, 2015.Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 4.08, eff. January 1, 2022.|
TX Hum Res Code § 161.108 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.108. Successor Guardian

Sec. 161.108.  SUCCESSOR GUARDIAN.  The department shall review each of the department's pending guardianship cases at least annually to determine whether a more suitable person, including a guardianship program or private professional guardian, is willing and able to serve as successor guardian for a ward of the department.  If the department becomes aware of any person's willingness and ability to serve as successor guardian, the department shall notify the court in which the guardianship is pending as required by Section 1203.151, Estates Code.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.462, eff. April 2, 2015.|
TX Hum Res Code § 161.109 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.109. Access to Records or Documents

Sec. 161.109.  ACCESS TO RECORDS OR DOCUMENTS.  (a)  The department shall have access to all of the records and documents concerning an individual who is referred for guardianship services or to whom guardianship services are provided under this subchapter that are necessary to the performance of the department's duties under this subchapter, including:(1)  client-identifying information; and(2)  medical, psychological, educational, financial, and residential information.(b)  The department is exempt from the payment of a fee otherwise required or authorized by law to obtain a financial or medical record, including a mental health record, from any source if the request for a record is related to an assessment for guardianship services conducted by the department or the provision of guardianship services by the department.(c)  If the department cannot obtain access to a record or document that is necessary to properly perform a duty under this subchapter, the department may petition the probate court or the statutory or constitutional court having probate jurisdiction for access to the record or document.(d)  The court with probate jurisdiction shall, on good cause shown, order the person or entity who denied access to a record or document to allow the department to have access to the record or document under the terms and conditions prescribed by the court.(e)  A person or entity is entitled to notice of and a hearing on the department's petition for access as described by this section.(f)  Access to, or disclosure of, a confidential record or other confidential information under this section does not constitute a waiver of confidentiality for other purposes or as to other persons.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 599 (S.B. 220), Sec. 3, eff. September 1, 2011.|
TX Hum Res Code § 161.110 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.110. Legal Representation of Department

Sec. 161.110.  LEGAL REPRESENTATION OF DEPARTMENT.  (a)  Except as provided by Subsection (b), (c), or (f), the prosecuting attorney representing the state in criminal cases in the county court shall represent the department in any proceeding under this subchapter unless the representation would be a conflict of interest.(b)  If the attorney representing the state in criminal cases in the county court is unable to represent the department in an action under this subchapter because of a conflict of interest, the attorney general shall represent the department in the action.(c)  If the attorney general is unable to represent the department in an action under this subchapter, the attorney general shall deputize an attorney who has contracted with the department under Subsection (d) or an attorney employed by the department under Subsection (e) to represent the department in the action.(d)  Subject to the approval of the attorney general, the department may contract with a private attorney to represent the department in an action under this subchapter.(e)  The department may employ attorneys to represent the department in an action under this subchapter.(f)  In a county having a population of more than 2.8 million, the prosecuting attorney representing the state in civil cases in the county court shall represent the department in any proceeding under this subchapter unless the representation would be a conflict of interest.  If such attorney is unable to represent the department in an action under this subchapter because of a conflict of interest, the attorney general shall represent the department in the action.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.|
TX Hum Res Code § 161.112 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.112. Indemnification for Legal Expenses

Sec. 161.112.  INDEMNIFICATION FOR LEGAL EXPENSES.  If a present or former employee of the department who was involved in activities related to the provision of guardianship services under this subchapter is criminally prosecuted for conduct related to the person's misfeasance or nonfeasance in the course and scope of the person's employment and is found not guilty after a trial or appeal or if the complaint or indictment is dismissed without a plea of guilty or nolo contendere being entered, the department may indemnify the person or the person's estate for the reasonable attorney's fees incurred in defense of the prosecution up to a maximum of $10,000.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.|
TX Hum Res Code § 161.113 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.113. Immunity

Sec. 161.113.  IMMUNITY.  (a)  In this section, "volunteer" means a person who:(1)  renders services for or on behalf of the department under the supervision of a department employee; and(2)  does not receive compensation that exceeds the authorized expenses the person incurs in performing those services.(b)  A department employee or an authorized volunteer who performs a department duty or responsibility under this subchapter is immune from civil or criminal liability for any act or omission that relates to the duty or responsibility if the person acted in good faith and within the scope of the person's authority.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.|
TX Hum Res Code § 161.114 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.114. Use of Volunteers

Sec. 161.114.  USE OF VOLUNTEERS.  (a)  In this section, "volunteer" has the meaning assigned by Section 161.113.(b)  The department shall encourage the involvement of volunteers in guardianships in which the department serves as guardian of the person or estate, or both.  To encourage that involvement, the department shall identify issues and tasks with which a volunteer could assist the department in a guardianship, subject to Subsection (c).(c)  A volunteer may provide life enrichment activities, companionship, transportation services, and other services to or for the ward in a guardianship, except the volunteer may not provide services that would require the volunteer to be certified under Section 155.102, Government Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 599 (S.B. 220), Sec. 5, eff. September 1, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 2.27, eff. September 1, 2014.|
TX Hum Res Code § 161.151 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter F. Lifespan Respite Services Program|Section 161.151. Definitions

Sec. 161.151.  DEFINITIONS.  In this subchapter:(1)  "Chronic serious health condition" means a health condition that:(A)  requires periodic treatment by a health care provider, including a nurse as authorized by Chapter 301, Occupations Code, or a physician assistant as authorized by Chapter 204, Occupations Code; and(B)  continues over an extended period, including recurring episodes of a single underlying health condition such as asthma, diabetes, epilepsy, or multiple sclerosis.(2)  "Respite services" means support services, including in-home services or day activity and health services, that are provided for the purpose of temporarily giving relief to a primary caregiver who provides care to an individual with a chronic serious health condition or disability.(3)  "Respite services coordinator" means a community-based organization or local governmental entity with which the department enters into a contract to facilitate access to respite services under Section 161.154.|Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 18, eff. June 19, 2015.|
TX Hum Res Code § 161.152 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter F. Lifespan Respite Services Program|Section 161.152. Lifespan Respite Services Program

Sec. 161.152.  LIFESPAN RESPITE SERVICES PROGRAM.  The department shall implement the lifespan respite services program to promote the provision of respite services through contracts with eligible community-based organizations or local governmental entities.|Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.|
TX Hum Res Code § 161.153 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter F. Lifespan Respite Services Program|Section 161.153. Eligibility

Sec. 161.153.  ELIGIBILITY.  (a)  A person is eligible to participate in the program if the person:(1)  is the primary caregiver for a person who:(A)  is related to the caregiver within the second degree of consanguinity or affinity;(B)  has a chronic serious health condition or disability;(C)  requires assistance with one or more activities of daily living; and(D)  is not eligible for or not able to participate in any other existing program that provides respite services; and(2)  meets criteria specified in rules adopted by the executive commissioner.(b)  The executive commissioner may not specify criteria that limit a person's eligibility based on the type of chronic serious health condition or disability of the person receiving care.|Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.|
TX Hum Res Code § 161.154 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter F. Lifespan Respite Services Program|Section 161.154. Respite Services Contracts

Sec. 161.154.  RESPITE SERVICES CONTRACTS.  (a)  The department shall contract with at least three eligible community-based organizations or local governmental entities selected by the department to:(1)  provide respite services; and(2)  facilitate access to respite services.(b)  The department may award a contract under this section only after issuing a request for proposals for the contract.(c)  A community-based organization or local governmental entity is eligible to contract under this section only if the organization or entity has experience in and an existing procedure for:(1)  coordinating support services for multiple groups of persons who need support services, including persons with a physical or intellectual disability and elderly persons;(2)  connecting caregivers with respite services providers;(3)  maintaining and providing information regarding available respite services; and(4)  conducting public awareness activities regarding available respite services.(d)  The department shall include in each contract with a respite services coordinator provisions requiring the coordinator to:(1)  subject to the availability of money, provide vouchers for respite services to caregivers participating in the program who are not eligible for respite services provided through other programs; and(2)  connect caregivers participating in the program with available respite services.(e)  The department shall provide each community-based organization or local governmental entity with which the department contracts under this subchapter with:(1)  technical assistance; and(2)  policy and program development support.(f)  The department shall monitor a contractor's performance under a contract entered into under this subchapter using clearly defined and measurable performance objectives.|Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.|
TX Hum Res Code § 161.155 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter F. Lifespan Respite Services Program|Section 161.155. Respite Services Coordinator Functions

Sec. 161.155.  RESPITE SERVICES COORDINATOR FUNCTIONS.  A respite services coordinator under contract with the department shall:(1)  maintain information regarding respite services providers;(2)  build partnerships with respite services providers; and(3)  implement public awareness activities regarding respite services.|Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.|
TX Hum Res Code § 161.156 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter F. Lifespan Respite Services Program|Section 161.156. Rules

Sec. 161.156.  RULES.  The executive commissioner shall adopt rules necessary to implement this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 330 (H.B. 802), Sec. 1, eff. September 1, 2009.|
TX Hum Res Code § 161.251 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter G. Legislative Committee on Aging|Section 161.251. Definitions

Sec. 161.251.  DEFINITIONS.  In this subchapter:(1)  "Committee" means the Legislative Committee on Aging.(2)  "Health and human services agency" has the meaning assigned by Section 531.001, Government Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.|
TX Hum Res Code § 161.252 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter G. Legislative Committee on Aging|Section 161.252. Legislative Committee on Aging Established

Sec. 161.252.  LEGISLATIVE COMMITTEE ON AGING ESTABLISHED.  The Legislative Committee on Aging is established to:(1)  study issues relating to the aging population of Texas, including issues related to the health care, income, transportation, housing, education, and employment needs of that population; and(2)  make recommendations to address those issues.|Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.|
TX Hum Res Code § 161.253 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter G. Legislative Committee on Aging|Section 161.253. Composition of Committee; Presiding Officer

Sec. 161.253.  COMPOSITION OF COMMITTEE; PRESIDING OFFICER.  (a)  The committee is composed of:(1)  two members of the senate appointed by the lieutenant governor;(2)  two members of the house of representatives appointed by the speaker of the house of representatives; and(3)  two public members appointed by the governor.(b)  A member of the committee serves at the pleasure of the appointing official.(c)  The lieutenant governor and the speaker of the house of representatives shall appoint the presiding officer of the committee on an alternating basis.  The presiding officer shall serve a two-year term expiring February 1 of each odd-numbered year.|Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.|
TX Hum Res Code § 161.254 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter G. Legislative Committee on Aging|Section 161.254. Committee Powers and Duties

Sec. 161.254.  COMMITTEE POWERS AND DUTIES.  (a)  The committee shall:(1)  meet at least biannually at the call of the presiding officer;(2)  conduct a continuing study of issues relating to the aging population, including issues that are affected by the demographic and geographic diversity of the aging population in this state;(3)  analyze the availability of, and unmet needs for, state and local services for the aging population; and(4)  request reports and other information relating to the aging population as necessary from the executive commissioner, the department, other health and human services agencies, the attorney general, and any other state agency.(b)  The executive commissioner, the department, other health and human services agencies, the attorney general, and any other applicable state agency shall fully cooperate with the committee in performing the committee's duties under this subchapter.(c)  The committee may issue process, in accordance with Section 301.024, Government Code, to compel attendance of witnesses and the production of books, records, documents, and instruments required by the committee.(d)  The committee shall use the existing staff resources of the senate and the house of representatives to assist the committee in performing its duties under this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 318 (H.B. 610), Sec. 1, eff. September 1, 2009.|