(a) In this section:
(1) “Designated caregiver” means:
(A) a person designated as a caregiver by an elderly individual receiving services from or under the direction of the commission or a health and human services agency; or
(B) a court-appointed guardian of an elderly individual receiving services from or under the direction of the commission or a health and human services agency.
(2) “Elderly” means individuals who are at least 60 years of age.
(3) “Program” means the volunteer advocate program created under this section for the elderly receiving services from or under the direction of the commission or a health and human services agency.
(4) “Volunteer advocate” means a person who successfully completes the volunteer advocate curriculum described by Subsection (c)(2).
(c) The program shall adhere to the following principles:
(1) the intent of the program is to evaluate, through operation of pilot projects, whether providing the services of a trained volunteer advocate selected by an elderly individual or the individual’s designated caregiver is effective in achieving the following goals:
(A) extend the time the elderly individual can remain in an appropriate home setting;
(B) maximize the efficiency of services delivered to the elderly individual by focusing on services needed to sustain family caregiving;
(C) protect the elderly individual by providing a knowledgeable third party to review the quality of care and services delivered to the individual and the care options available to the individual and the individual’s family; and
(D) facilitate communication between the elderly individual or the individual’s designated caregiver and providers of health care and other services;
(2) a volunteer advocate curriculum must be maintained that incorporates best practices as determined and recognized by a professional organization recognized in the elder health care field;
(3) the use of pro bono assistance from qualified professionals must be maximized in modifying the volunteer advocate curriculum and the program;
(4) trainers must be certified on the ability to deliver training;
(5) training shall be offered through multiple community-based organizations; and
(6) participation in the program is voluntary and must be initiated by the elderly individual or the individual’s designated caregiver.

Terms Used In Texas Government Code 531.057

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(d) The executive commissioner may enter into agreements with appropriate nonprofit organizations for the provision of services under the program. A nonprofit organization is eligible to provide services under the program if the organization:
(1) has significant experience in providing services to elderly individuals;
(2) has the capacity to provide training and supervision for individuals interested in serving as volunteer advocates; and
(3) meets any other criteria prescribed by the executive commissioner.
(e) The commission shall fund the program, including the design and evaluation of pilot projects, modification of the volunteer advocate curriculum, and training of volunteers, through existing appropriations to the commission.
(f) Notwithstanding Subsection (e), the commission may accept gifts, grants, or donations for the program from any public or private source to:
(1) carry out the design of the program;
(2) develop criteria for evaluation of any proposed pilot projects operated under the program;
(3) modify a volunteer advocate training curriculum;
(4) conduct training for volunteer advocates; and
(5) develop a request for offers to conduct any proposed pilot projects under the program.
(g) The executive commissioner may adopt rules as necessary to implement the program.


Text of section effective until April 01, 2025