Bill Text: TX HB1296 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the provision of certain notices in guardianship proceedings.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB1296 Detail]
Download: Texas-2021-HB1296-Enrolled.html
| H.B. No. 1296 | ||
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| relating to the provision of certain notices in guardianship | ||
| proceedings. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1023.004, Estates Code, is amended by | ||
| amending Subsection (b) and adding Subsection (c) to read as | ||
| follows: | ||
| (b) If an application is filed by a person other than the | ||
| guardian [ |
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| the guardian shall be cited by personal service to appear and show | ||
| cause why the guardianship should not be transferred. | ||
| (c) If a court made a motion to transfer a guardianship, the | ||
| guardian shall be given notice by certified mail to appear and show | ||
| cause why the guardianship should not be transferred. | ||
| SECTION 2. Section 1203.052(b), Estates Code, is amended to | ||
| read as follows: | ||
| (b) In addition to the authority granted to the court under | ||
| Subsection (a), the court may, on the complaint of the guardianship | ||
| certification program of the Judicial Branch Certification | ||
| Commission, remove a guardian who would be ineligible for | ||
| appointment under Subchapter H, Chapter 1104, because of the | ||
| guardian's failure to maintain the certification required under | ||
| Subchapter F, Chapter 1104. The guardian shall be given notice, by | ||
| certified mail, return receipt requested, [ |
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| contest the request for removal under this subsection at a time and | ||
| place set in the notice [ |
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| SECTION 3. Sections 1023.004 and 1203.052(b), Estates Code, | ||
| as amended by this Act, apply to a guardianship proceeding | ||
| commenced on or after the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1296 was passed by the House on April | ||
| 9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1296 was passed by the Senate on May | ||
| 19, 2021, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
