reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.107. Certification and Registration Fee and Renewal

Sec. 154.107.  CERTIFICATION AND REGISTRATION FEE AND RENEWAL.  (a)  A person who receives certification as a shorthand reporter or a shorthand reporting firm or affiliate office that registers with the commission must pay the initial fee and any other required fee before receiving the certification or registration.
(b)  A certification or registration expires on the last day of the month in which the second anniversary of the date on which it was issued occurs unless the certification or registration is renewed on or before that day.
(c)  On each renewal of the certification or registration, a fee is charged in accordance with Section 152.2015.  A firm or the affiliate office of a firm that may not renew an expired registration as described by Section 152.2015(e) must pay all unpaid renewal and late fees charged for the expired registration, in addition to complying with all registration requirements and procedures, in order to obtain a new registration under Section 152.2015(e).
(d)  Notwithstanding Section 152.2015 and Subsection (c) of this section, a shorthand reporting firm shall pay a registration or renewal fee in an amount equal to the fee for court reporter certification under Section 154.101 in lieu of the fee required for a shorthand reporting firm registration if a certified court reporter of the firm:
(1)  has an ownership interest in the firm of more than 50 percent; and
(2)  maintains actual control of the firm.
(e)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(1), eff. September 1, 2017.
(f)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(1), eff. September 1, 2017.
(g)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(1), eff. September 1, 2017.
(h)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(1), eff. September 1, 2017.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 29, Sec. 11, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 813, Sec. 12, eff. Sept. 1, 2003.
Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 20, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(1), eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.13, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.108. Continuing Education

Sec. 154.108.  CONTINUING EDUCATION.  Subject to Section 152.101, the commission by rule shall require each court reporter who holds a certification issued by the commission and at least one person who has management responsibility for a shorthand reporting firm registered in this state to complete continuing professional education.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.14, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.112. Employment of Noncertified Person for Shorthand Reporting; Civil Penalty

Sec. 154.112.  EMPLOYMENT OF NONCERTIFIED PERSON FOR SHORTHAND REPORTING; CIVIL PENALTY.  (a)  A person who is not certified as a court reporter may be employed to engage in shorthand reporting until a certified shorthand reporter is available.
(b)  A person who is not certified as a court reporter may engage in shorthand reporting to report an oral deposition only if:
(1)  the uncertified person delivers an affidavit to the parties or to their counsel before the deposition begins stating that a certified shorthand reporter is not available; or
(2)  the parties or their counsel stipulate on the record at the beginning of the deposition that a certified shorthand reporter is not available.
(c)  This section does not apply to a deposition taken outside this state for use in this state.
(d)  The person shall file the affidavit described by Subsection (b)(1) with the court as part of the certification required by Rule 203.2, Texas Rules of Civil Procedure.
(e)  In addition to any other remedy authorized by law, the commission may:
(1)  collect a civil penalty in an amount not to exceed $1,000 from a person who fails to comply with Subsection (b)(1) or (d); and
(2)  seek injunctive relief for a second or subsequent violation of Subsection (b)(1) or (d) to prohibit the person from engaging in shorthand reporting unless the person is certified as a court reporter under this chapter.
(f)  The commission shall collect a civil penalty assessed under Subsection (e)(1) following the same procedures the commission uses in taking disciplinary action against a certified court reporter for violating the laws and rules applicable to the reporter.
(g)  The attorney general, a county or district attorney whose jurisdiction includes the location at which a deposition is taken, or legal counsel the commission designates may represent the commission for purposes of collecting the civil penalty or obtaining the injunctive relief.
(h)  In an action authorized by this section, the commission may obtain reasonable attorney's fees, expenses, and costs incurred in obtaining the civil penalty or injunctive relief.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 17.08, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 9.008, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 9.009, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.113. Criminal Penalty

Sec. 154.113.  CRIMINAL PENALTY.  (a)  Except as provided by Section 154.112, a person commits an offense if the person engages in shorthand reporting in violation of Section 154.101.  Each day of violation constitutes a separate offense.
(a-1)  A person commits an offense if the person provides shorthand reporting firm services in this state in violation of Section 154.106.  Each day of violation constitutes a separate offense.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 1037, Sec. 3, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 813, Sec. 19, eff. Sept. 1, 2003.
Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.17, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.114. Exemptions

Sec. 154.114.  EXEMPTIONS.  This chapter does not apply to:
(1)  a party to the litigation involved;
(2)  the attorney of the party; or
(3)  a full-time employee of a party or a party's attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 154 - Court Reporters Certification and Shorthand Reporting Firms Registration › Subchapter C. Certification and Registration › Section 154.115. Prohibited Contracts

Sec. 154.115.  PROHIBITED CONTRACTS.  (a)  A court reporter or shorthand reporting firm may not enter into or provide services under any contractual agreement, written or oral, exclusive or nonexclusive, that:
(1)  undermines the impartiality of the court reporter;
(2)  requires a court reporter to relinquish control of an original deposition transcript and copies of the transcript before it is certified and delivered to the custodial attorney;
(3)  requires a court reporter to provide any service not made available to all parties to an action;
(4)  gives or appears to give an exclusive advantage to any party; or
(5)  restricts an attorney's choice in the selection of a court reporter or shorthand reporting firm.
(b)  Subsections (a)(2) and (3) do not apply to a contract for court reporting services for a court, agency, or instrumentality of the United States or this state.
Added by Acts 1997, 75th Leg., ch. 729, Sec. 2, eff. Sept. 1, 1997.
Transferred, redesignated and amended from Government Code, Subchapter C, Chapter 52 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.04, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.18, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter A. General Provisions › Section 155.001. Definitions

Sec. 155.001.  DEFINITIONS.  In this chapter:
(1)  "Advisory board" means the Guardianship Certification Advisory Board.
(2)  "Corporate fiduciary" has the meaning assigned by Section 1002.007, Estates Code.
(3)  "Guardian" has the meaning assigned by Section 1002.012, Estates Code.
(4)  "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.
(5)  "Incapacitated person" has the meaning assigned by Section 1002.017, Estates Code.
(6)  "Private professional guardian" means a person, other than an attorney or a corporate fiduciary, who is engaged in the business of providing guardianship services.
(6-a)  Notwithstanding Section 151.001, "registration" means registration of a guardianship under this chapter.
(7)  "Ward" has the meaning assigned by Section 22.033, Estates Code.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005.
Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 9, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 23, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter A. General Provisions › Section 155.002. Rules

Sec. 155.002.  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 (S.B. 6), Sec. 3.24, eff. September 1, 2005.
Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter B. Administrative Provisions › Section 155.051. Advisory Board

Sec. 155.051.  ADVISORY BOARD.  (a)  The Guardianship Certification Advisory Board is established as an advisory board to the commission.  The advisory board is composed of at least five members appointed by the supreme court.
(b)   Appointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(c)  The supreme court shall appoint a presiding officer of the advisory board from among the advisory board members to serve for two years.
(d)  A majority of the advisory board constitutes a quorum.
(e)  Advisory board members serve for staggered six-year terms as ordered by the supreme court.  Advisory 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 advisory board duties, as provided by the General Appropriations Act.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 32 (S.B. 507), Sec. 1, eff. September 1, 2007.
Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter B. Administrative Provisions › Section 155.052. Training

Sec. 155.052.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the advisory board may not vote, deliberate, or be counted as a member in attendance at a meeting of the advisory 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 advisory board; and
(3)  any applicable ethics policies adopted by the commission.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005.
Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter C. Standards for and Certification of Certain Guardians › Section 155.101. Standards for Certain Guardianships and Alternatives to Guardianship

Sec. 155.101.  STANDARDS FOR CERTAIN GUARDIANSHIPS AND ALTERNATIVES TO GUARDIANSHIP.  (a)  The commission shall adopt minimum standards for:
(1)  the provision of guardianship services or other similar but less restrictive types of assistance or services by:
(A)  individuals employed by or contracting with guardianship programs to provide the assistance or services on behalf of the programs; and
(B)  private professional guardians; and
(2)  the provision of guardianship services by the Department of Aging and Disability Services or its successor agency.
(b)  The commission 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 (S.B. 6), Sec. 3.24, eff. September 1, 2005.
Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter C. Standards for and Certification of Certain Guardians › Section 155.103. Provisional Certificate

Sec. 155.103.  PROVISIONAL CERTIFICATE.  (a)  Notwithstanding Section 155.102(a), the commission may issue a provisional certificate to an individual who:
(1)  does not meet the qualifications for obtaining certification under Section 155.102; and
(2)  possesses the qualifications for provisional certification required by rules adopted by the supreme court.
(b)  An individual who holds a provisional certificate may provide guardianship services in this state only under the supervision of an individual certified under Section 155.102.
(c)  The supreme court may adopt rules and procedures for issuing a provisional certificate under this section that, at a minimum, must:
(1)  ensure compliance with the standards adopted under Section 155.101; and
(2)  provide that the commission establishes qualifications for obtaining and maintaining the certification.
Added by Acts 2007, 80th Leg., R.S., Ch. 16 (S.B. 506), Sec. 2, eff. April 25, 2007.
Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter C. Standards for and Certification of Certain Guardians › Section 155.104. Information From Private Professional Guardians

Sec. 155.104.  INFORMATION FROM PRIVATE PROFESSIONAL GUARDIANS.  In addition to the information submitted under Section 1104.306, Estates 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 155.101 or with the certification requirements of Section 155.102.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005.
Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.032, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 25, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter C. Standards for and Certification of Certain Guardians › Section 155.105. Annual Disclosure

Sec. 155.105.  ANNUAL DISCLOSURE.  (a)  Not later than January 31 of each year, each guardianship program shall provide to the commission a report containing for the preceding year:
(1)  the number of wards served by the guardianship program reported by county in which the application to create a guardianship for the ward is filed and the total number of wards served by the guardianship program;
(2)  the name, business address, and business telephone number of each individual employed by or volunteering or contracting with the guardianship program to provide guardianship services to a ward or proposed ward of the program;
(3)  the name of each county in which an individual described by Subdivision (2) provides or is authorized to provide guardianship services;
(4)  the total amount of money received from this state for the provision of guardianship services; and
(5)  the amount of money received from any other public source, including a county or the federal government, for the provision of guardianship services, reported by source, and the total amount of money received from those public sources.
(b)  Not later than January 31 of each year, each private professional guardian shall provide to the commission a report containing for the preceding year:
(1)  the number of wards served by the private professional guardian reported by county in which the application to create a guardianship for the ward is filed and the total number of wards served by the private professional guardian;
(2)  the name, business address, and business telephone number of each individual who provides guardianship services to a ward of the private professional guardian on behalf of the private professional guardian;
(3)  the total amount of money received from this state for the provision of guardianship services; and
(4)  the amount of money received from any other public source, including a county or the federal government, for the provision of guardianship services, reported by source, and the total amount of money received from those public sources.
(c)  A private professional guardian shall submit with the report required under Subsection (b) a copy of the guardian's application for a certificate of registration required by Section 1104.302, Estates Code.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.24, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 510 (S.B. 1055), Sec. 1, eff. September 1, 2009.
Transferred, redesignated and amended from Government Code, Chapter 111 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.05, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.033, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 26, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter C. Standards for and Certification of Certain Guardians › Section 155.106. Prohibited Employment

Sec. 155.106.  PROHIBITED EMPLOYMENT.  A guardianship program may not employ an individual to provide, or directly supervise the provision of, guardianship and related services on the program's behalf:
(1)  if a certificate issued to the individual under this subchapter is expired or refused renewal, or has been revoked and not been reissued; or
(2)  during the time a certificate issued to the individual under this subchapter is suspended.
Added by Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter D. Guardianship Registration and Database › Section 155.151. Registration of Guardianships

Sec. 155.151.  REGISTRATION OF GUARDIANSHIPS.  (a)  The supreme court, after consulting with the office and the commission, shall by rule establish a mandatory registration program for guardianships under which all guardianships in this state shall be required to register with the commission.
(b)  In establishing rules under this section, the supreme court shall ensure courts with jurisdiction over a guardianship immediately notify the commission of the removal of a guardian.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter D. Guardianship Registration and Database › Section 155.152. Guardianship Database

Sec. 155.152.  GUARDIANSHIP DATABASE.  In cooperation with the commission and courts with jurisdiction over guardianship proceedings and by using the information obtained by the commission under this subchapter, the office shall establish and maintain a central database of all guardianships subject to the jurisdiction of this state.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter D. Guardianship Registration and Database › Section 155.153. Access to Database

Sec. 155.153.  ACCESS TO DATABASE.  (a)  The office shall ensure the database is accessible to the Department of Public Safety for law enforcement purposes.
(b)  Subject to Subsection (c), the Department of Public Safety shall make information from the database available to law enforcement personnel through the Texas Law Enforcement Telecommunications System or a successor system of telecommunication used by law enforcement agencies and operated by the department.
(c)  The only information that may be disclosed from the database to a law enforcement official inquiring into a guardianship is:
(1)  the name, sex, and date of birth of a ward;
(2)  the name, telephone number, and address of the guardian of a ward; and
(3)  the name of the court with jurisdiction over the guardianship.
(d)  The office shall limit access to the database to properly trained staff.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter D. Guardianship Registration and Database › Section 155.154. Database Disclaimer

Sec. 155.154.  DATABASE DISCLAIMER.  To the extent feasible, the following disclaimer shall be displayed when the database is accessed:  "This database is for the limited purpose of determining whether an individual has a guardian and obtaining a guardian's contact information.  The scope of a guardian's authority is determined by court order, and a guardian should not be presumed to have the authority to act for or on behalf of a ward until the extent of the guardian's authority is verified by the court with jurisdiction over the guardianship."
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter D. Guardianship Registration and Database › Section 155.155. Confidentiality of Information in Database

Sec. 155.155.  CONFIDENTIALITY OF INFORMATION IN DATABASE.  (a)  Information that is contained in the database required under Section 155.152, including personally identifying information of a guardian or a ward, is confidential and not subject to disclosure under Chapter 552 or any other law.
(b)  A law enforcement agency or officer that receives the information must maintain the confidentiality of the information, may not disclose the information under Chapter 552 or any other law, and may not use the information for a purpose that does not directly relate to the purpose for which it was obtained.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter E. Duty to Assist in Qualifying Certain Guardians › Section 155.201. Definition

Sec. 155.201.  DEFINITION.  In this subchapter, "probate court" has the meaning assigned by Section 1002.008, Estates Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter E. Duty to Assist in Qualifying Certain Guardians › Section 155.202. Applicability

Sec. 155.202.  APPLICABILITY.  This subchapter does not apply with respect to the following persons who are or will be providing guardianship services to a proposed ward:
(1)  an attorney or corporate fiduciary; or
(2)  an individual subject to certification under Subchapter C.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter E. Duty to Assist in Qualifying Certain Guardians › Section 155.203. Duty to Provide Assistance in Qualifying Guardians; Supreme Court Rulemaking

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.
(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 to the probate court not later than the 10th day before the date of the hearing to appoint a guardian.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter E. Duty to Assist in Qualifying Certain Guardians › Section 155.204. Training Required

Sec. 155.204.  TRAINING REQUIRED.  (a)  In adopting rules under Section 155.203, the supreme court shall:
(1)  subject to Subdivision (2), ensure that before a person is appointed guardian, the person completes a training course:
(A)  designed by the commission to educate proposed guardians about their responsibilities as guardians, alternatives to guardianships, supports and services available to the proposed ward, and a ward's bill of rights under Section 1151.351, Estates Code; and
(B)  made available for free to proposed guardians by the commission online via the commission's Internet website and, on request, in a written format; and
(2)  identify the circumstances under which a court may waive the training required under this section.
(b)  Notwithstanding Section 155.203(b) or Section 1251.052, Estates Code, the training required under Subsection (a):
(1)  does not apply to the initial appointment of a temporary guardian under Chapter 1251, Estates Code; and
(2)  applies only if there is a motion to extend the term of a temporary guardian.
(c)  The commission may make the training required under this section available to court investigators and guardians ad litem.  A court investigator or guardian ad litem is not required to receive training unless required to do so by a court.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter E. Duty to Assist in Qualifying Certain Guardians › Section 155.205. Duty to Obtain Criminal History Record Information

Sec. 155.205.  DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION.  (a)  In accordance with Subsection (c) and the rules adopted by the supreme court under Section 155.203, the commission shall obtain criminal history record information that is maintained by the Department of Public Safety.  The clerk shall obtain in accordance with Subsection (b) criminal history record information from the Federal Bureau of Investigation identification division relating to an individual seeking appointment as a guardian or temporary guardian.
(b)  The clerk shall obtain fingerprint-based criminal history record information of a proposed guardian if:
(1)  the liquid assets of the estate of a ward exceed $50,000; or
(2)  the proposed guardian is not a resident of this state.
(c)  The commission shall obtain name-based criminal history record information of a proposed guardian, including any criminal history record information under the current name and all former names of the proposed guardian, if:
(1)  the liquid assets of the estate of a ward are $50,000 or less; and
(2)  the proposed guardian is a resident of this state.
(d)  Each proposed guardian described by Subsection (b) shall file with the commission proof of having submitted to a fingerprint-based criminal history search.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 71, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 31, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 9, eff. June 13, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter E. Duty to Assist in Qualifying Certain Guardians › Section 155.206. Information for Exclusive Use of Commission and Court

Sec. 155.206.  INFORMATION FOR EXCLUSIVE USE OF COMMISSION AND COURT.  (a)  Criminal history record information obtained under this subchapter is privileged and confidential and is for the exclusive use of the commission and the court with jurisdiction over the guardianship.  The criminal history record information may not be released or otherwise disclosed to any person or agency except on court order or consent of the individual being investigated.
(b)  The commission may destroy the criminal history record information after the information is used for the purposes authorized by this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter E. Duty to Assist in Qualifying Certain Guardians › Section 155.207. Use of Criminal History Record Information

Sec. 155.207.  USE OF CRIMINAL HISTORY RECORD INFORMATION.  (a)  The commission shall use the criminal history record information obtained under this subchapter only for a purpose authorized by this subchapter.
(b)  A court may use the criminal history record information obtained under this subchapter only in the same manner and only to the same extent a court is authorized to use the information under Section 1104.409, Estates Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 10, eff. June 13, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter E. Duty to Assist in Qualifying Certain Guardians › Section 155.208. Clarification of Authority Granted

Sec. 155.208.  CLARIFICATION OF AUTHORITY GRANTED.  (a)  This subchapter does not grant to the commission the authority to:
(1)  establish additional qualifications or a code of ethics for individuals subject to training or a background check under this subchapter, require those individuals to pass examinations or take continuing education courses, or otherwise regulate those individuals; or
(2)  interfere with a court's authority to ensure a guardian is performing all of the duties required of the guardian respecting a ward.
(b)  Individuals subject to training or a background check under this subchapter are not subject to enforcement action under Chapter 153.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter E. Duty to Assist in Qualifying Certain Guardians › Section 155.209. Fee for Obtaining Criminal History Record Information

Sec. 155.209.  FEE FOR OBTAINING CRIMINAL HISTORY RECORD INFORMATION.  (a)  Except as provided by Subsection (b), the commission may charge a fee to obtain criminal history record information under this subchapter, in an amount approved by the supreme court.
(b)  The supreme court may adopt rules excluding individuals who are indigent from having to pay the fee authorized by this section.
(c)  A guardian is entitled to reimbursement from the guardianship estate as provided by Subchapter C, Chapter 1155, Estates Code, for the fee authorized by this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter F. Regulation of Guardianship Programs › Section 155.251. Application of Subchapter

Sec. 155.251.  APPLICATION OF SUBCHAPTER.  This subchapter does not apply to guardianship and related services provided by a guardianship program under a contract with the Health and Human Services Commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 5, eff. September 1, 2017.
Redesignated from Government Code, Section 155.151 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(21), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter F. Regulation of Guardianship Programs › Section 155.252. Standards for Operation of Guardianship Programs

Sec. 155.252.  STANDARDS FOR OPERATION OF GUARDIANSHIP PROGRAMS.  (a)  The commission, in consultation with the Health and Human Services Commission and other interested parties, shall adopt minimum standards for the operation of guardianship programs.
(b)  The commission shall design the standards to monitor and ensure the quality of guardianship and related services provided by guardianship programs.
(c)  Standards adopted under this section must be designed to ensure continued compliance by a guardianship program with this chapter and other applicable state law.
Added by Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 5, eff. September 1, 2017.
Redesignated from Government Code, Section 155.152 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(21), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter F. Regulation of Guardianship Programs › Section 155.253. Registration Required for Guardianship Programs

Sec. 155.253.  REGISTRATION REQUIRED FOR GUARDIANSHIP PROGRAMS.  (a)  A guardianship program may not provide guardianship and related services to an incapacitated person or other person described by Section 155.001(4) unless the program is registered with and holds a certificate of registration issued by the commission under this subchapter.
(b)  The supreme court shall adopt rules and procedures for issuing, renewing, suspending, or revoking a registration certificate under this section.  Rules adopted by the supreme court under this section must:
(1)  ensure compliance with the standards adopted under Section 155.252;
(2)  provide that the commission establish qualifications for obtaining and maintaining a registration certificate;
(3)  provide that a registration certificate expires on the second anniversary of the date the certificate is issued;
(4)  prescribe procedures for accepting complaints and conducting investigations of alleged violations by guardianship programs of the standards adopted under Section 155.252 or other violations of this chapter or other applicable state law;
(5)  prescribe procedures by which the commission, after notice and hearing, may suspend or revoke the registration certificate of a guardianship program that does not substantially comply with the standards adopted under Section 155.252 or other provisions of this chapter or other applicable state law; and
(6)  prescribe procedures for addressing a guardianship for which a guardianship program is the appointed guardian if the guardianship program's registration certificate is expired or refused renewal, or has been revoked and not been reissued.
Added by Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 5, eff. September 1, 2017.
Redesignated from Government Code, Section 155.153 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(21), eff. September 1, 2019.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(10), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter F. Regulation of Guardianship Programs › Section 155.254. Registration Database

Sec. 155.254.  REGISTRATION DATABASE.  (a)  The commission shall make available on the commission's Internet website a publicly accessible list of all registered guardianship programs.  The list must contain the following for each guardianship program:
(1)  the information provided under Section 155.105(a); and
(2)  whether the guardianship program holds in good standing a registration certificate under this subchapter.
(b)  The commission shall update the list described by Subsection (a) at least quarterly.
Added by Acts 2017, 85th Leg., R.S., Ch. 715 (S.B. 36), Sec. 5, eff. September 1, 2017.
Redesignated from Government Code, Section 155.154 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(21), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 155 - Duties Respecting Guardianship › Subchapter G. Guardianship Mediation Training › Section 155.301. Training

Sec. 155.301.  TRAINING.  (a)  The office by rule shall establish a training course with at least 24 hours of training for persons facilitating mediations under Title 3, Estates Code, that may be provided by a mediation training provider approved by the office.  A mediation training provider shall adhere to the established curriculum in providing the training course.
(b)  This section does not require a mediator facilitating a mediation under Title 3, Estates Code, to attend or be certified under a training course established under Subsection (a).
Added by Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 156 - Process Server Certification › Subchapter A. General Provisions › Section 156.001. Definitions

Sec. 156.001.  DEFINITIONS.  In this chapter:
(1)  "Advisory board" means the Process Server Certification Advisory Board.
(2)  "Certified process server" or "process server" means a person who is certified by the commission under order of the supreme court to serve process.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.06, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 27, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 156 - Process Server Certification › Subchapter B. Process Server Certification Advisory Board › Section 156.051. Organization

Sec. 156.051.  ORGANIZATION.  (a)  The Process Server Certification Advisory Board is established as an advisory board to the commission.  The advisory board is composed of at least five members appointed by the supreme court.
(b)  Appointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(c)  The supreme court shall appoint a presiding officer of the advisory board from among the advisory board members to serve for two years.
(d)  A majority of the advisory board constitutes a quorum.
(e)  Advisory board members serve staggered six-year terms as ordered by the supreme court.
(f)  If a vacancy occurs on the advisory board, the supreme court shall appoint a person to serve the remainder of the term.
(g)  Advisory 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 advisory board duties, as provided by the General Appropriations Act.
Added by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.06, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle L - Court Professions Regulation › Chapter 156 - Process Server Certification › Subchapter B. Process Server Certification Advisory Board › Section 156.052. Fees for Process Server Certification

Sec. 156.052.  FEES FOR PROCESS SERVER CERTIFICATION.  (a)  The commission may recommend to the supreme court the fees to be charged for process server certification and renewal of certification.  The supreme court must approve the fees recommended by the commission before the fees may be collected.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(5), eff. September 1, 2017.
(c)  The office may collect the fees recommended by the commission and approved by the supreme court.  Fees collected under this section shall be sent to the comptroller for deposit to the credit of the general revenue fund.
(d)  Fees collected under this section may be appropriated to the office for the support of regulatory programs for process servers, guardians, and court reporters.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1138 (H.B. 1614), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 7.01, eff. September 28, 2011.
Transferred, redesignated and amended from Government Code, Section 51.008 by Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 1.07, eff. September 1, 2014.
Redesignated from Government Code, Subtitle K, Title 2 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(21), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 516 (S.B. 43), Sec. 35(5), eff. September 1, 2017.