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, and any individual who will have care and custody of a proposed ward or the proposed ward's estate on behalf of a certified guardian or attorney who has been appointed guardian as required by Section 1104.402 (a-1), Estates Code. (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.
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