BILL ANALYSIS

C.S.H.B. 3376

By: Capriglione

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that as Texas' population ages, the prevalence of dementia and Alzheimer's disease continues to increase, creating complex challenges for affected individuals, their families, and caregivers. Further, although appointed legal guardians are often tasked with caring for wards suffering from these neurological conditions, some guardians may lack sufficient knowledge to communicate effectively with or advocate for these individuals, potentially resulting in substandard care. C.S.H.B. 3376 seeks to elevate the quality of care for these individuals by requiring annual training on Alzheimer’s disease, dementia, and related diseases for certain appointed guardians.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Supreme Court in SECTION 3 of this bill.

ANALYSIS

C.S.H.B. 3376 amends the Government Code to require the Texas Supreme Court, in adopting rules for the process by which the Judicial Branch Certification Commission (JBCC) performs training for individuals seeking appointment as guardian, to require that not later than the sixth month after the date a guardian is appointed and at least once a year, the guardian completes a one-hour training course that is made available for free to guardians by the JBCC online through the JBCC website and is provided to educate guardians on Alzheimer's disease, dementia, and related disorders, including providing information about the following:

·common aspects of aging;

·warning signs of dementia and Alzheimer's disease;

·effective strategies for communicating with a person who is diagnosed with dementia or Alzheimer's disease; and

·effective strategies and resources available for supporting a person who is diagnosed with dementia or Alzheimer's disease in exercising the person's rights.

This requirement applies only to the appointment of a guardian of the person or the estate, or both, of a ward who is 60 years of age or older or is younger than 60 years of age if the ward has been diagnosed with Alzheimer's disease, dementia, or a related disorder and is subject to the supreme court's identification of circumstances under which a court may waive guardian training requirements.

C.S.H.B. 3376 requires the supreme court, in adopting rules for the process by which the JBCC performs training and criminal history background checks for individuals seeking appointment as guardian, to ensure that a probate court is required to ensure a guardian's timely completion of the training required under the bill's provisions, unless the training is waived by the probate court.

C.S.H.B. 3376 requires the supreme court, not later than January 1, 2026, to adopt the rules required under the bill's provisions and requires the JBCC, not later than July 1, 2026, to make the course required by the bill's provisions available on the JBCC website. The bill requires a guardian appointed before July 1, 2026, who is required to complete the training required by the bill's provisions, to complete the initial required training not later than September 1, 2026.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3376 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a requirement absent from the introduced for the supreme court, in adopting rules for the process by which the JBCC performs training and criminal history background checks for individuals seeking appointment as guardian, to ensure that a probate court is required to ensure a guardian's timely completion of the training required under the bill's provisions, unless the training is waived by the probate court. Accordingly, the substitute requires the supreme court to adopt rules for purposes of that requirement, whereas the introduced did not.

Whereas the introduced required the supreme court, in adopting rules for the process by which the JBCC performs training for individuals seeking appointment as guardian, to ensure that the guardian completes a three-hour annual training course designed by the JBCC to educate guardians on dementia and Alzheimer's disease within the specified timeframe, the substitute requires the supreme court in adopting those rules instead to require that the guardian complete a one-hour annual training course provided to educate guardians on Alzheimer's disease, dementia, and related disorders within that timeframe. While both the introduced and substitute require the training to provide information about effective strategies for supporting a person who is diagnosed with dementia or Alzheimer's disease in exercising the person's rights, the substitute also includes information about resources available for supporting such a person in the requirement, whereas the introduced did not. Additionally, the substitute includes a provision absent from the introduced establishing that the required training for appointed guardians under the bill's provisions applies only to the appointment of a guardian of the person or the estate, or both, of a ward who is 60 years of age or older or is younger than 60 years of age if the ward has been diagnosed with Alzheimer's disease, dementia, or a related disorder.

With respect to the requirement that a guardian appointed before July 1, 2026, complete the bill's required initial training not later than September 1, 2026, the substitute specifies that the requirement applies to a guardian who is required to complete the training, whereas the introduced did not include that specification.