Tex. Gov't Code Section 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 (Duty to Provide Assistance in Qualifying Guardians; Supreme Court Rulemaking), 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.

Source: Section 155.205 — Duty to Obtain Criminal History Record Information, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­155.­htm#155.­205 (accessed Jun. 5, 2024).

Accessed:
Jun. 5, 2024

§ 155.205’s source at texas​.gov