Bill Text: TX SB667 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to probate and guardianship matters and certain procedures for persons who are incapacitated or have a mental illness.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [SB667 Detail]
Download: Texas-2019-SB667-Enrolled.html
S.B. No. 667 |
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relating to probate and guardianship matters and certain procedures | ||
for persons who are incapacitated or have a mental illness. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 30.014(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) In a civil action, including a probate or guardianship | ||
proceeding, filed in a district court, county court, [ |
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county court, or statutory probate court, each party or the party's | ||
attorney shall include in its initial pleading: | ||
(1) the last three numbers of the party's driver's | ||
license number, if the party has been issued a driver's license; and | ||
(2) the last three numbers of the party's social | ||
security number, if the party has been issued a social security | ||
number. | ||
SECTION 2. Section 33.101, Estates Code, is amended to read | ||
as follows: | ||
Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS | ||
PROPER. If probate proceedings involving the same estate are | ||
commenced in more than one county and the court making a | ||
determination of venue as provided by Section 33.053 determines | ||
that venue is proper in another county, the court clerk shall make | ||
and retain a copy of the entire file in the case and transmit the | ||
original file in electronic or paper form to the court in the county | ||
in which venue is proper. The court to which the file is | ||
transmitted shall conduct the proceeding in the same manner as if | ||
the proceeding had originally been commenced in that county. | ||
SECTION 3. Section 33.102(a), Estates Code, is amended to | ||
read as follows: | ||
(a) If it appears to the court at any time before the final | ||
order in a probate proceeding is rendered that the court does not | ||
have priority of venue over the proceeding, the court shall, on the | ||
application of an interested person, transfer the proceeding to the | ||
proper county by transmitting to the proper court in that county in | ||
electronic or paper form: | ||
(1) the original file in the case; and | ||
(2) certified copies of all entries that have been | ||
made in the judge's probate docket in the proceeding. | ||
SECTION 4. Section 33.103, Estates Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The transmittal under Subsection (b) of the original | ||
file and the certified copy of the index may be in electronic or | ||
paper form, except that an original will filed in the probate | ||
proceeding, if any, must be delivered to the court to which the | ||
proceeding is transferred. | ||
SECTION 5. Section 51.003(b), Estates Code, is amended to | ||
read as follows: | ||
(b) A citation or notice issued by the county clerk must be | ||
styled "The State of Texas" and be signed by the clerk under the | ||
court's [ |
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SECTION 6. Section 202.054, Estates Code, is amended to | ||
read as follows: | ||
Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE REQUIRED. | ||
(a) The court may require that service of citation in a proceeding | ||
to declare heirship be made by personal service on some or all of | ||
those named as distributees in the application filed under Section | ||
202.005. | ||
(b) If a distributee to be cited under Subsection (a) is | ||
absent from or is not a resident of this state, any disinterested | ||
person competent to make an oath that the citation was served may | ||
serve the citation. | ||
SECTION 7. Section 351.351, Estates Code, is amended to | ||
read as follows: | ||
Sec. 351.351. APPLICABILITY. This subchapter does not | ||
apply to: | ||
(1) the appointment of an independent executor or | ||
administrator under Section 401.002 or 401.003(a); or | ||
(2) the appointment of a successor independent | ||
administrator [ |
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SECTION 8. Section 404.0036(b), Estates Code, is amended to | ||
read as follows: | ||
(b) If an independent executor is removed by the court under | ||
Section 404.003 or 404.0035, the court may, on application, appoint | ||
a successor independent administrator [ |
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Section 404.005. | ||
SECTION 9. The heading to Section 404.005, Estates Code, is | ||
amended to read as follows: | ||
Sec. 404.005. COURT-APPOINTED SUCCESSOR INDEPENDENT | ||
ADMINISTRATOR [ |
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SECTION 10. Sections 404.005(a), (b), (c), (h), and (i), | ||
Estates Code, are amended to read as follows: | ||
(a) If the will of a person who dies testate names an | ||
independent executor who, having qualified, fails for any reason to | ||
continue to serve, or is removed for cause by the court, and the | ||
will does not name a successor independent executor or if each | ||
successor executor named in the will fails for any reason to qualify | ||
as executor or indicates by affidavit filed with the application | ||
for an order continuing independent administration the successor | ||
executor's inability or unwillingness to serve as successor | ||
independent executor, all of the distributees of the decedent as of | ||
the filing of the application for an order continuing independent | ||
administration may apply to the probate court for the appointment | ||
of a qualified person, firm, or corporation to serve as successor | ||
independent administrator [ |
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that continued administration of the estate is necessary, the court | ||
shall enter an order continuing independent administration and | ||
appointing the person, firm, or corporation designated in the | ||
application as successor independent administrator [ |
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unless the probate court finds that it would not be in the best | ||
interest of the estate to do so. The successor independent | ||
administrator [ |
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privileges granted to the successor's predecessor independent | ||
executor. | ||
(b) Except as otherwise provided by this subsection, if a | ||
distributee described in this section is an incapacitated person, | ||
the guardian of the person of the distributee may sign the | ||
application on behalf of the distributee. If the probate court | ||
finds that either the continuing of independent administration or | ||
the appointment of the person, firm, or corporation designated in | ||
the application as successor independent administrator [ |
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would not be in the best interest of the incapacitated person, then, | ||
notwithstanding Subsection (a), the court may not enter an order | ||
continuing independent administration of the estate. If the | ||
distributee is an incapacitated person and has no guardian of the | ||
person, the court may appoint a guardian ad litem to make | ||
application on behalf of the incapacitated person if the probate | ||
court considers such an appointment necessary to protect the | ||
interest of that distributee. If a distributee described in this | ||
section is a minor and has no guardian of the person, a natural | ||
guardian of the minor may sign the application for the order | ||
continuing independent administration on the minor's behalf unless | ||
a conflict of interest exists between the minor and the natural | ||
guardian. | ||
(c) Except as otherwise provided by this subsection, if a | ||
trust is created in the decedent's will or if the decedent's will | ||
devises property to a trustee as described by Section 254.001, the | ||
person or class of persons entitled to receive property outright | ||
from the trust on the decedent's death and those first eligible to | ||
receive the income from the trust, determined as if the trust were | ||
to be in existence on the date of the filing of the application for | ||
an order continuing independent administration, shall, for the | ||
purposes of this section, be considered to be the distributee or | ||
distributees on behalf of the trust, and any other trust or trusts | ||
coming into existence on the termination of the trust, and are | ||
authorized to apply for an order continuing independent | ||
administration on behalf of the trust without the consent or | ||
agreement of the trustee or any other beneficiary of the trust, or | ||
the trustee or any beneficiary of any other trust which may come | ||
into existence on the termination of the trust. If a person | ||
considered to be a distributee under this subsection is an | ||
incapacitated person, the trustee or cotrustee may apply for the | ||
order continuing independent administration or sign the | ||
application on the incapacitated person's behalf if the trustee or | ||
cotrustee is not the person proposed to serve as the independent | ||
administrator [ |
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(h) If a successor independent administrator [ |
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appointed under this section, then, unless the probate court shall | ||
waive bond on application for waiver, the successor independent | ||
administrator [ |
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payable to and to be approved by the judge and the judge's | ||
successors in a sum that is found by the judge to be adequate under | ||
all circumstances, or a bond with one surety in an amount that is | ||
found by the judge to be adequate under all circumstances, if the | ||
surety is an authorized corporate surety. | ||
(i) Absent proof of fraud or collusion on the part of a | ||
judge, the judge may not be held civilly liable for the commission | ||
of misdeeds or the omission of any required act of any person, firm, | ||
or corporation designated as a successor independent administrator | ||
[ |
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appointment of a successor independent administrator [ |
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under this section. | ||
SECTION 11. Section 452.006, Estates Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The appointee shall file with the court proof of service | ||
of the notice required under Subsection (a) in the manner provided | ||
by Section 51.103(b)(3). | ||
SECTION 12. Section 503.002, Estates Code, is amended to | ||
read as follows: | ||
Sec. 503.002. RECORDING OF CERTAIN FOREIGN TESTAMENTARY | ||
INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH [ |
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testamentary instrument described by Section 503.001(a), along | ||
with a copy of the judgment, order, or decree by which the | ||
instrument was admitted to probate that has the attestation and | ||
certificate required by Section 501.002(c), that is written in | ||
whole or in part in a language other than English may be filed for | ||
recording in the deed records in any county in this state in which | ||
the land conveyed or disposed of in the instrument is located if: | ||
(1) a correct English translation is recorded with the | ||
authenticated copies of the will or other testamentary instrument | ||
and judgment, order, or decree by which the instrument was admitted | ||
to probate; and | ||
(2) the accuracy of the translation is sworn to before | ||
an officer authorized to administer oaths [ |
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(b) The recording of an authenticated copy of a will or | ||
other testamentary instrument and a copy of the judgment, order, or | ||
decree in the manner provided by Subsection (a) operates as | ||
constructive notice from the date of filing to all persons of the: | ||
(1) existence of the instrument; and | ||
(2) title or titles conferred by the instrument. | ||
SECTION 13. Chapter 1002, Estates Code, is amended by | ||
adding Sections 1002.0215 and 1002.0265 to read as follows: | ||
Sec. 1002.0215. OFFICE OF PUBLIC GUARDIAN. "Office of | ||
public guardian" means an office of public guardian established by | ||
the commissioners court of a county under Subchapter G-1, Chapter | ||
1104. | ||
Sec. 1002.0265. PUBLIC GUARDIAN. "Public guardian" means a | ||
person: | ||
(1) appointed to administer an office of public | ||
guardian by the commissioners court of a county under Subchapter | ||
G-1, Chapter 1104; or | ||
(2) with which one or more counties enter into an | ||
agreement under Section 1104.327(a)(2) or (d). | ||
SECTION 14. Section 1021.001, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1021.001. MATTERS RELATED TO GUARDIANSHIP PROCEEDING. | ||
(a) For purposes of this code, in a county in which there is no | ||
statutory probate court or county court of law exercising original | ||
probate jurisdiction, a matter related to a guardianship proceeding | ||
includes: | ||
(1) the granting of letters of guardianship; | ||
(2) the settling of an account of a guardian and all | ||
other matters relating to the settlement, partition, or | ||
distribution of a ward's estate; | ||
(3) a claim brought by or against a guardianship | ||
estate; | ||
(4) an action for trial of title to real property that | ||
is guardianship estate property, including the enforcement of a | ||
lien against the property; | ||
(5) an action for trial of the right of property that | ||
is guardianship estate property; | ||
(6) after a guardianship of the estate of a ward is | ||
required to be settled as provided by Section 1204.001: | ||
(A) an action brought by or on behalf of the | ||
former ward against a former guardian of the ward for alleged | ||
misconduct arising from the performance of the person's duties as | ||
guardian; | ||
(B) an action calling on the surety of a guardian | ||
or former guardian to perform in place of the guardian or former | ||
guardian, which may include the award of a judgment against the | ||
guardian or former guardian in favor of the surety; | ||
(C) an action against a former guardian of the | ||
former ward that is brought by a surety that is called on to perform | ||
in place of the former guardian; | ||
(D) a claim for the payment of compensation, | ||
expenses, and court costs, and any other matter authorized under | ||
Chapter 1155; and | ||
(E) a matter related to an authorization made or | ||
duty performed by a guardian under Chapter 1204; and | ||
(7) the appointment of a trustee for a trust created | ||
under Section 1301.053 or 1301.054, the settling of an account of | ||
the trustee, and all other matters relating to the trust. | ||
(a-1) For purposes of this code, in a county in which there | ||
is no statutory probate court, but in which there is a county court | ||
at law exercising original probate jurisdiction, a matter related | ||
to a guardianship proceeding includes: | ||
(1) all matters and actions described in Subsection | ||
(a); | ||
(2) the interpretation and administration of a | ||
testamentary trust in which a ward is an income or remainder | ||
beneficiary; and | ||
(3) the interpretation and administration of an inter | ||
vivos trust in which a ward is an income or remainder beneficiary. | ||
(b) For purposes of this code, in a county in which there is | ||
a statutory probate court, a matter related to a guardianship | ||
proceeding includes: | ||
(1) all matters and actions described in Subsections | ||
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(2) a suit, action, or application filed against or on | ||
behalf of a guardianship or a trustee of a trust created under | ||
Section 1301.053 or 1301.054; and | ||
(3) a cause of action in which a guardian in a | ||
guardianship pending in the statutory probate court is a party. | ||
SECTION 15. Section 1023.006, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1023.006. TRANSFER OF RECORD. When an order of | ||
transfer is made under Section 1023.005, the clerk shall record any | ||
unrecorded papers of the guardianship required to be recorded. On | ||
payment of the clerk's fee, the clerk shall transmit in electronic | ||
or paper form to the county clerk of the county to which the | ||
guardianship was ordered transferred: | ||
(1) the case file of the guardianship proceedings; and | ||
(2) a certified copy of the index of the guardianship | ||
records. | ||
SECTION 16. Section 1023.007, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring | ||
a guardianship does not take effect until: | ||
(1) the case file and a certified copy of the index | ||
required by Section 1023.006 are filed in electronic or paper form | ||
in the office of the county clerk of the county to which the | ||
guardianship was ordered transferred; and | ||
(2) a certificate under the clerk's official seal and | ||
reporting the filing of the case file and a certified copy of the | ||
index is filed in electronic or paper form in the court ordering the | ||
transfer by the county clerk of the county to which the guardianship | ||
was ordered transferred. | ||
SECTION 17. Section 1051.003(b), Estates Code, is amended | ||
to read as follows: | ||
(b) A citation or notice issued by the county clerk must be | ||
styled "The State of Texas" and be signed by the clerk under the | ||
court's [ |
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SECTION 18. The heading to Chapter 1054, Estates Code, is | ||
amended to read as follows: | ||
CHAPTER 1054. COURT OFFICERS, [ |
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ATTORNEYS | ||
SECTION 19. The heading to Subchapter E, Chapter 1054, | ||
Estates Code, is amended to read as follows: | ||
SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [ |
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ATTORNEY | ||
SECTION 20. Section 1054.201, Estates Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) Except as provided by Subsection (c), an [ |
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representing any person's interests [ |
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proceeding, including an attorney ad litem, must be certified by | ||
the State Bar of Texas, or a person or other entity designated by | ||
the state bar, as having successfully completed a course of study in | ||
guardianship law and procedure sponsored by the state bar or the | ||
state bar's designee. | ||
(c) An attorney may commence representation of a person's | ||
interests and file an appearance in a guardianship proceeding | ||
before completing the course required for certification under | ||
Subsection (a), but must complete the course not later than the 14th | ||
day after the date of filing the appearance and before filing any | ||
substantive motion in the guardianship proceeding. | ||
SECTION 21. Section 1101.001(b), Estates Code, is amended | ||
to read as follows: | ||
(b) The application must be sworn to by the applicant and | ||
state: | ||
(1) the proposed ward's name, sex, date of birth, and | ||
address; | ||
(2) the name, former name, if any, relationship, and | ||
address of the person the applicant seeks to have appointed as | ||
guardian; | ||
(3) whether guardianship of the person or estate, or | ||
both, is sought; | ||
(3-a) whether alternatives to guardianship and | ||
available supports and services to avoid guardianship were | ||
considered; | ||
(3-b) whether any alternatives to guardianship and | ||
supports and services available to the proposed ward considered are | ||
feasible and would avoid the need for a guardianship; | ||
(4) the nature and degree of the alleged incapacity, | ||
the specific areas of protection and assistance requested, and the | ||
limitation or termination of rights requested to be included in the | ||
court's order of appointment, including a termination of: | ||
(A) the right of a proposed ward who is 18 years | ||
of age or older to vote in a public election; | ||
(B) the proposed ward's eligibility to hold or | ||
obtain a license to operate a motor vehicle under Chapter 521, | ||
Transportation Code; and | ||
(C) the right of a proposed ward to make personal | ||
decisions regarding residence; | ||
(5) the facts requiring the appointment of a guardian; | ||
(6) the interest of the applicant in the appointment | ||
of a guardian; | ||
(7) the nature and description of any kind of | ||
guardianship existing for the proposed ward in any other state; | ||
(8) the name and address of any person or institution | ||
having the care and custody of the proposed ward; | ||
(9) the approximate value and a detailed description | ||
of the proposed ward's property, including: | ||
(A) liquid assets, including any compensation, | ||
pension, insurance, or allowance to which the proposed ward may be | ||
entitled; and | ||
(B) non-liquid assets, including real property; | ||
(10) the name and address of any person whom the | ||
applicant knows to hold a power of attorney signed by the proposed | ||
ward and a description of the type of power of attorney; | ||
(11) for a proposed ward who is a minor, the following | ||
information if known by the applicant: | ||
(A) the name of each of the proposed ward's | ||
parents and either the parent's address or that the parent is | ||
deceased; | ||
(B) the name and age of each of the proposed | ||
ward's siblings, if any, and either the sibling's address or that | ||
the sibling is deceased; and | ||
(C) if each of the proposed ward's parents and | ||
adult siblings are deceased, the names and addresses of the | ||
proposed ward's other living relatives who are related to the | ||
proposed ward within the third degree by consanguinity and who are | ||
adults; | ||
(12) for a proposed ward who is a minor, whether the | ||
minor was the subject of a legal or conservatorship proceeding in | ||
the preceding two years and, if so: | ||
(A) the court involved; | ||
(B) the nature of the proceeding; and | ||
(C) any final disposition of the proceeding; | ||
(13) for a proposed ward who is an adult, the following | ||
information if known by the applicant: | ||
(A) the name of the proposed ward's spouse, if | ||
any, and either the spouse's address or that the spouse is deceased; | ||
(B) the name of each of the proposed ward's | ||
parents and either the parent's address or that the parent is | ||
deceased; | ||
(C) the name and age of each of the proposed | ||
ward's siblings, if any, and either the sibling's address or that | ||
the sibling is deceased; | ||
(D) the name and age of each of the proposed | ||
ward's children, if any, and either the child's address or that the | ||
child is deceased; and | ||
(E) if there is no living spouse, parent, adult | ||
sibling, or adult child of the proposed ward, the names and | ||
addresses of the proposed ward's other living relatives who are | ||
related to the proposed ward within the third degree by | ||
consanguinity and who are adults; | ||
(14) facts showing that the court has venue of the | ||
proceeding; and | ||
(15) if applicable, that the person whom the applicant | ||
seeks to have appointed as a guardian is a private professional | ||
guardian who is certified under Subchapter C, Chapter 155, | ||
Government Code, and has complied with the requirements of | ||
Subchapter G, Chapter 1104. | ||
SECTION 22. Section 1101.153(a), Estates Code, is amended | ||
to read as follows: | ||
(a) A court order appointing a guardian must: | ||
(1) specify: | ||
(A) [ |
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(B) [ |
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(C) [ |
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or estate of the ward, or both; | ||
(D) [ |
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(E) [ |
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of the ward and the court considers an appraisal to be necessary, | ||
one, two, or three disinterested persons to appraise the estate and | ||
to return the appraisement to the court; and | ||
(F) [ |
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guardianship to the person appointed when the person has qualified | ||
according to law; and | ||
(2) if the court waives the guardian's training | ||
requirement, contain a finding that the waiver is in accordance | ||
with rules adopted by the supreme court under Section 155.203, | ||
Government Code. | ||
SECTION 23. Section 1104.251(a), Estates Code, is amended | ||
to read as follows: | ||
(a) An individual must be certified under Subchapter C, | ||
Chapter 155, Government Code, if the individual: | ||
(1) is a private professional guardian; | ||
(2) will represent the interests of a ward as a | ||
guardian on behalf of a private professional guardian; | ||
(3) is providing guardianship services to a ward of a | ||
guardianship program on the program's behalf, except as provided by | ||
Section 1104.254; [ |
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(4) is an employee of the Health and Human Services | ||
Commission [ |
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guardianship services to a ward of the commission; | ||
(5) is a public guardian; or | ||
(6) will represent the interests of a ward as a | ||
guardian on behalf of a public guardian [ |
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SECTION 24. Chapter 1104, Estates Code, is amended by | ||
adding Subchapter G-1 to read as follows: | ||
SUBCHAPTER G-1. PUBLIC GUARDIANS | ||
Sec. 1104.326. DEFINITION. In this subchapter, unless the | ||
context otherwise requires, "office" means an office of public | ||
guardian established under this subchapter. | ||
Sec. 1104.327. ESTABLISHMENT OF OFFICES; PUBLIC GUARDIANS. | ||
(a) The commissioners court of a county by order may: | ||
(1) create an office of public guardian to provide | ||
guardianship services described by Section 1104.334 to | ||
incapacitated persons; or | ||
(2) enter into an agreement with a person operating a | ||
nonprofit guardianship program or private professional | ||
guardianship program located in the county or in an adjacent county | ||
to act as a public guardian by providing guardianship services | ||
described by Section 1104.334 to incapacitated persons. | ||
(b) Subject to Subsection (c) and Section 1104.328, the | ||
commissioners court of a county shall appoint an individual as | ||
public guardian to administer the office of public guardian | ||
established under Subsection (a)(1) and may employ or authorize the | ||
public guardian to employ personnel necessary to perform the duties | ||
of the office, including personnel who will represent the interests | ||
of a ward as a guardian on behalf of the office if approved by the | ||
commissioners court. | ||
(c) The commissioners court of a county may enter into an | ||
agreement with an individual to act as public guardian under | ||
Subsection (b) on a part-time basis with appropriate compensation | ||
if: | ||
(1) the commissioners court determines a full-time | ||
appointment does not serve the needs of the county; and | ||
(2) the individual who is appointed on a part-time | ||
basis is not employed in or does not hold another position that | ||
presents a conflict of interest. | ||
(d) The commissioners courts of two or more counties may | ||
collectively enter into an agreement: | ||
(1) to create and fund an office of public guardian for | ||
purposes of Subsection (a)(1) and to appoint the same individual as | ||
public guardian to that office under Subsection (b); or | ||
(2) with a person operating a guardianship program | ||
described by Subsection (a)(2) to serve as a public guardian for | ||
purposes of that subdivision. | ||
(e) An individual appointed as public guardian under | ||
Subsection (b) serves a term of five years. | ||
Sec. 1104.328. QUALIFICATIONS OF PUBLIC GUARDIAN. To be | ||
appointed as public guardian under Section 1104.327(b), an | ||
individual must: | ||
(1) be a licensed attorney or be certified under | ||
Subchapter C, Chapter 155, Government Code; and | ||
(2) have demonstrable guardianship experience. | ||
Sec. 1104.329. CONFLICT OF INTEREST. (a) Except as | ||
provided by Subsection (b), an office or public guardian must be | ||
independent from providers of services to wards and proposed wards | ||
and may not directly provide housing, medical, legal, or other | ||
direct, non-surrogate decision-making services to a ward or | ||
proposed ward, unless approved by the court. | ||
(b) An office or public guardian may provide money | ||
management services described by Section 531.125, Government Code, | ||
or other representative payee services to a ward or proposed ward. | ||
Sec. 1104.330. COMPENSATION. A person appointed or acting | ||
as public guardian under Section 1104.327 shall receive | ||
compensation as set by the commissioners court and is not entitled | ||
to compensation under Subchapter A, Chapter 1155, unless approved | ||
by the court or the person is appointed as guardian of a ward in | ||
accordance with Section 1104.334(a)(2)(B). | ||
Sec. 1104.331. BOND REQUIREMENT. (a) A public guardian | ||
shall file with the court clerk a general bond in an amount fixed by | ||
the commissioners court payable to the county and issued by a surety | ||
company approved by the county judge. The bond must be conditioned | ||
on the faithful performance by the person of the person's duties | ||
and, if the public guardian administers an office, the office's | ||
duties. | ||
(b) The bond required by this section satisfies any bond | ||
required under Chapter 1105. | ||
Sec. 1104.332. VACANCY. If an individual appointed as | ||
public guardian under Section 1104.327(b) vacates the position, the | ||
commissioners court shall appoint, subject to Section 1104.328, an | ||
individual to serve as public guardian for the unexpired term. | ||
Sec. 1104.333. POWERS AND DUTIES. (a) An office or public | ||
guardian shall: | ||
(1) if applicable, evaluate the financial status of a | ||
proposed ward to determine whether the proposed ward is eligible to | ||
have the office or public guardian appointed guardian of the ward | ||
under Section 1104.334(a)(2)(A); and | ||
(2) serve as guardian of the person or of the estate of | ||
a ward, or both, on appointment by a court in accordance with the | ||
requirements of this title. | ||
(b) In connection with a financial evaluation under | ||
Subsection (a)(1) and on the request of an office or public | ||
guardian, a court with jurisdiction over the guardianship | ||
proceeding may order the release of public and private records, | ||
including otherwise confidential records, to the office or public | ||
guardian. | ||
(c) Notwithstanding Section 552.261, Government Code, a | ||
state agency may not charge an office or public guardian for | ||
providing the office or public guardian with a copy of public | ||
information requested from the agency by the office or public | ||
guardian. | ||
Sec. 1104.334. APPOINTMENT OF OFFICE OR PUBLIC GUARDIAN AS | ||
GUARDIAN. (a) In accordance with applicable law, including | ||
Subchapter C, Chapter 1101, a court may appoint an office or public | ||
guardian to serve as guardian of the person or of the estate of a | ||
ward, or both, if: | ||
(1) on the date the guardianship application is filed, | ||
the ward resides in or is located in the county served by the office | ||
or public guardian; and | ||
(2) the court finds that the ward: | ||
(A) does not have sufficient assets or other | ||
resources to pay a private professional guardian to serve as the | ||
ward's guardian and the appointment is in the ward's best interest; | ||
or | ||
(B) has sufficient assets or other resources to | ||
pay a private professional guardian to serve as the ward's | ||
guardian, the appointment is in the ward's best interest, and: | ||
(i) the ward's family members who are | ||
eligible for appointment as the ward's guardian agree to the | ||
appointment of an office or public guardian to serve as the ward's | ||
guardian or are unable to agree on the person or persons that should | ||
be appointed as the ward's guardian; or | ||
(ii) the ward does not have a family member, | ||
friend, or other suitable person willing and able to serve as the | ||
ward's guardian. | ||
(b) For purposes of Subsection (a)(2), the determination of | ||
a ward's ability to pay a private professional guardian is | ||
dependent on: | ||
(1) the nature, extent, and liquidity of the ward's | ||
assets; | ||
(2) the ward's disposable net income, including income | ||
of a recipient of medical assistance that is used to pay expenses | ||
under Section 1155.202(a); | ||
(3) the nature of the guardianship; | ||
(4) the type, duration, and complexity of services | ||
required by the ward; and | ||
(5) additional, foreseeable expenses. | ||
(c) The number of appointments of an office under this | ||
section may not exceed 35 wards for each guardian representing the | ||
interests of wards on behalf of the office. | ||
(d) If each guardian representing the interests of wards on | ||
behalf of an office reaches the limitation provided by Subsection | ||
(c), the office shall immediately give notice to the courts. | ||
Sec. 1104.335. CONFIDENTIALITY AND DISCLOSURE OF | ||
INFORMATION. (a) All files, reports, records, communications, or | ||
working papers used or developed by an office or public guardian in | ||
the performance of duties relating to a financial evaluation under | ||
Section 1104.333(a)(1) or the provision of guardianship services | ||
are confidential and not subject to disclosure under Chapter 552, | ||
Government Code. | ||
(b) Confidential information may be disclosed only for a | ||
purpose consistent with this subchapter, as required by other state | ||
or federal law, or as necessary to enable an office or public | ||
guardian to exercise the powers and duties as guardian of the person | ||
or of the estate of a ward, or both. | ||
(c) A court on its own motion or on the motion of an | ||
interested person may order disclosure of confidential information | ||
only if: | ||
(1) a hearing on the motion is conducted; | ||
(2) notice of the hearing is served on the office or | ||
public guardian and each interested person; and | ||
(3) the court determines after the hearing and an in | ||
camera review of the information that disclosure is essential to | ||
the administration of justice and will not endanger the life or | ||
safety of any individual who: | ||
(A) is being assessed for guardianship services; | ||
(B) is a ward of the office or public guardian; or | ||
(C) provides services to a ward of the office or | ||
public guardian. | ||
(d) The Office of Court Administration of the Texas Judicial | ||
System shall establish policies and procedures for the exchange of | ||
information between offices, public guardians, and other | ||
appropriate governmental entities, as necessary for offices, | ||
public guardians, and governmental entities to properly execute | ||
their respective duties and responsibilities relating to | ||
guardianship services or other needed services for a ward. An | ||
exchange of information under this subsection does not constitute a | ||
release for purposes of waiving the confidentiality of the | ||
information exchanged. | ||
(e) To the extent consistent with policies and procedures | ||
adopted by an office or public guardian, the office or public | ||
guardian on request may release confidential information in the | ||
record of an individual who is a former ward of the office or public | ||
guardian to: | ||
(1) the individual; | ||
(2) the individual's guardian; or | ||
(3) an executor or administrator of the individual's | ||
estate. | ||
(f) Before releasing confidential information under | ||
Subsection (e), an office or public guardian shall edit the | ||
information to protect the identity of any individual whose life or | ||
safety may be endangered by the release. A release of information | ||
under Subsection (e) does not constitute a release for purposes of | ||
waiving the confidentiality of the information released. | ||
Sec. 1104.336. CERTAIN ADMINISTRATIVE COSTS. (a) If an | ||
office or public guardian is appointed guardian of the person or of | ||
the estate of a ward, or both, the administrative costs of the | ||
guardianship services provided to the ward may not be charged to the | ||
ward's estate unless the court determines, subject to Subsection | ||
(b), that the ward is financially able to pay all or part of the | ||
costs. | ||
(b) A court shall measure a ward's ability to pay for costs | ||
under Subsection (a) by whether the ward has sufficient assets or | ||
other resources to pay a private professional guardian to serve as | ||
the ward's guardian in accordance with Section 1104.334(b). | ||
Sec. 1104.337. OFFICE OF COURT ADMINISTRATION OF THE TEXAS | ||
JUDICIAL SYSTEM; REPORT. (a) Not later than December 1 of each | ||
even-numbered year, the Office of Court Administration of the Texas | ||
Judicial System shall submit a report to the governor and the | ||
legislature that contains an evaluation of public guardians | ||
established under this subchapter, including the establishment and | ||
operation of offices of public guardians under this subchapter and | ||
the provision of guardianship services by the offices. The report | ||
must include: | ||
(1) an analysis of costs and offsetting savings or | ||
other benefits to the state as a result of the establishment and | ||
operation of offices and public guardians under this subchapter; | ||
and | ||
(2) recommendations for legislation, if any. | ||
(b) If it is cost-effective and feasible, the Office of | ||
Court Administration of the Texas Judicial System may contract with | ||
an appropriate research or public policy entity with expertise in | ||
gerontology, disabilities, and public administration to conduct | ||
the analysis described by Subsection (a)(1). | ||
Sec. 1104.338. RULES. The supreme court, in consultation | ||
with the Office of Court Administration of the Texas Judicial | ||
System and the presiding judge of the statutory probate courts | ||
elected under Section 25.0022, Government Code, shall adopt rules | ||
necessary to implement this subchapter. | ||
SECTION 25. Section 1104.402, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1104.402. COURT CLERK'S DUTY TO OBTAIN CRIMINAL | ||
HISTORY RECORD INFORMATION[ |
||
[ |
||
1104.406(a), the clerk of the county having venue of the proceeding | ||
for the appointment of a guardian shall obtain criminal history | ||
record information that is maintained by the Department of Public | ||
Safety or the Federal Bureau of Investigation identification | ||
division relating to: | ||
(1) a private professional guardian; | ||
(2) each person who represents or plans to represent | ||
the interests of a ward as a guardian on behalf of the private | ||
professional guardian; | ||
(3) each person employed by a private professional | ||
guardian who will: | ||
(A) have personal contact with a ward or proposed | ||
ward; | ||
(B) exercise control over and manage a ward's | ||
estate; or | ||
(C) perform any duties with respect to the | ||
management of a ward's estate; | ||
(4) each person employed by or volunteering or | ||
contracting with a guardianship program to provide guardianship | ||
services to a ward of the program on the program's behalf; or | ||
(5) any other person proposed to serve as a guardian | ||
under this title, including a proposed temporary guardian and a | ||
proposed successor guardian, other than an attorney. | ||
[ |
||
|
||
|
||
SECTION 26. Section 1104.402(a), Estates Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Section 1104.403, 1104.404, or | ||
1104.406(a), the clerk of the county having venue of the proceeding | ||
for the appointment of a guardian shall obtain criminal history | ||
record information that is maintained by the Department of Public | ||
Safety or the Federal Bureau of Investigation identification | ||
division relating to: | ||
(1) a private professional guardian; | ||
(2) each person who represents or plans to represent | ||
the interests of a ward as a guardian on behalf of the private | ||
professional guardian; | ||
(3) each person employed by a private professional | ||
guardian who will: | ||
(A) have personal contact with a ward or proposed | ||
ward; | ||
(B) exercise control over and manage a ward's | ||
estate; or | ||
(C) perform any duties with respect to the | ||
management of a ward's estate; | ||
(4) each person employed by or volunteering or | ||
contracting with a guardianship program to provide guardianship | ||
services to a ward of the program on the program's behalf; [ |
||
(5) a public guardian appointed under Section | ||
1104.327(b); | ||
(6) each person who represents or plans to represent | ||
the interests of a ward as a guardian on behalf of an office of | ||
public guardian; | ||
(7) each person employed by an office of public | ||
guardian who will: | ||
(A) have personal contact with a ward or proposed | ||
ward; | ||
(B) exercise control over and manage a ward's | ||
estate; or | ||
(C) perform any duties with respect to the | ||
management of a ward's estate; or | ||
(8) any other person proposed to serve as a guardian | ||
under this title, including a proposed temporary guardian and a | ||
proposed successor guardian, other than an attorney. | ||
SECTION 27. Section 1104.405(a), Estates Code, is amended | ||
to read as follows: | ||
(a) Criminal history record information obtained or | ||
provided under Section 1104.402[ |
||
privileged and confidential and is for the exclusive use of the | ||
court. The criminal history record information may not be released | ||
or otherwise disclosed to any person or agency except on court order | ||
or consent of the person being investigated. | ||
SECTION 28. Section 1104.409, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1104.409. USE OF INFORMATION BY COURT. The court shall | ||
use the information obtained under this subchapter only in | ||
determining whether to: | ||
(1) appoint, remove, or continue the appointment of a | ||
private professional guardian, a guardianship program, an office of | ||
public guardian, or the Health and Human Services Commission | ||
[ |
||
(2) appoint any other person proposed to serve as a | ||
guardian under this title, including a proposed temporary guardian | ||
and a proposed successor guardian, other than an attorney. | ||
SECTION 29. Subchapter A, Chapter 1151, Estates Code, is | ||
amended by adding Section 1151.005 to read as follows: | ||
Sec. 1151.005. LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR | ||
WITNESS. The guardian of the person or of the estate of a ward may | ||
not be excluded from attending a legal proceeding in which the ward | ||
is: | ||
(1) a party; or | ||
(2) participating as a witness. | ||
SECTION 30. Section 1151.351(b), Estates Code, is amended | ||
to read as follows: | ||
(b) Unless limited by a court or otherwise restricted by | ||
law, a ward is authorized to the following: | ||
(1) to have a copy of the guardianship order and | ||
letters of guardianship and contact information for the probate | ||
court that issued the order and letters; | ||
(2) to have a guardianship that encourages the | ||
development or maintenance of maximum self-reliance and | ||
independence in the ward with the eventual goal, if possible, of | ||
self-sufficiency; | ||
(3) to be treated with respect, consideration, and | ||
recognition of the ward's dignity and individuality; | ||
(4) to reside and receive support services in the most | ||
integrated setting, including home-based or other community-based | ||
settings, as required by Title II of the Americans with | ||
Disabilities Act (42 U.S.C. Section 12131 et seq.); | ||
(5) to consideration of the ward's current and | ||
previously stated personal preferences, desires, medical and | ||
psychiatric treatment preferences, religious beliefs, living | ||
arrangements, and other preferences and opinions; | ||
(6) to financial self-determination for all public | ||
benefits after essential living expenses and health needs are met | ||
and to have access to a monthly personal allowance; | ||
(7) to receive timely and appropriate health care and | ||
medical treatment that does not violate the ward's rights granted | ||
by the constitution and laws of this state and the United States; | ||
(8) to exercise full control of all aspects of life not | ||
specifically granted by the court to the guardian; | ||
(9) to control the ward's personal environment based | ||
on the ward's preferences; | ||
(10) to complain or raise concerns regarding the | ||
guardian or guardianship to the court, including living | ||
arrangements, retaliation by the guardian, conflicts of interest | ||
between the guardian and service providers, or a violation of any | ||
rights under this section; | ||
(11) to receive notice in the ward's native language, | ||
or preferred mode of communication, and in a manner accessible to | ||
the ward, of a court proceeding to continue, modify, or terminate | ||
the guardianship and the opportunity to appear before the court to | ||
express the ward's preferences and concerns regarding whether the | ||
guardianship should be continued, modified, or terminated; | ||
(12) to have a court investigator or[ |
||
litem[ |
||
a complaint received by the court from the ward or any person about | ||
the guardianship; | ||
(13) to participate in social, religious, and | ||
recreational activities, training, employment, education, | ||
habilitation, and rehabilitation of the ward's choice in the most | ||
integrated setting; | ||
(14) to self-determination in the substantial | ||
maintenance, disposition, and management of real and personal | ||
property after essential living expenses and health needs are met, | ||
including the right to receive notice and object about the | ||
substantial maintenance, disposition, or management of clothing, | ||
furniture, vehicles, and other personal effects; | ||
(15) to personal privacy and confidentiality in | ||
personal matters, subject to state and federal law; | ||
(16) to unimpeded, private, and uncensored | ||
communication and visitation with persons of the ward's choice, | ||
except that if the guardian determines that certain communication | ||
or visitation causes substantial harm to the ward: | ||
(A) the guardian may limit, supervise, or | ||
restrict communication or visitation, but only to the extent | ||
necessary to protect the ward from substantial harm; and | ||
(B) the ward may request a hearing to remove any | ||
restrictions on communication or visitation imposed by the guardian | ||
under Paragraph (A); | ||
(17) to petition the court and retain counsel of the | ||
ward's choice who holds a certificate required by Subchapter E, | ||
Chapter 1054, to represent the ward's interest for capacity | ||
restoration, modification of the guardianship, the appointment of a | ||
different guardian, or for other appropriate relief under this | ||
subchapter, including a transition to a supported decision-making | ||
agreement, except as limited by Section 1054.006; | ||
(18) to vote in a public election, marry, and retain a | ||
license to operate a motor vehicle, unless restricted by the court; | ||
(19) to personal visits from the guardian or the | ||
guardian's designee at least once every three months, but more | ||
often, if necessary, unless the court orders otherwise; | ||
(20) to be informed of the name, address, phone | ||
number, and purpose of Disability Rights Texas, an organization | ||
whose mission is to protect the rights of, and advocate for, persons | ||
with disabilities, and to communicate and meet with representatives | ||
of that organization; | ||
(21) to be informed of the name, address, phone | ||
number, and purpose of an independent living center, an area agency | ||
on aging, an aging and disability resource center, and the local | ||
mental health and intellectual and developmental disability | ||
center, and to communicate and meet with representatives from these | ||
agencies and organizations; | ||
(22) to be informed of the name, address, phone | ||
number, and purpose of the Judicial Branch Certification Commission | ||
and the procedure for filing a complaint against a certified | ||
guardian; | ||
(23) to contact the Department of Family and | ||
Protective Services to report abuse, neglect, exploitation, or | ||
violation of personal rights without fear of punishment, | ||
interference, coercion, or retaliation; and | ||
(24) to have the guardian, on appointment and on | ||
annual renewal of the guardianship, explain the rights delineated | ||
in this subsection in the ward's native language, or preferred mode | ||
of communication, and in a manner accessible to the ward. | ||
SECTION 31. Sections 1153.001(a) and (c), Estates Code, are | ||
amended to read as follows: | ||
(a) Within one month after receiving letters of | ||
guardianship, a guardian of an estate shall provide notice | ||
requiring each person who has a claim against the estate to present | ||
the claim within the period prescribed by law. The notice must be: | ||
(1) published in a newspaper of general circulation | ||
[ |
||
(2) sent to the comptroller by certified or registered | ||
mail, if the ward remitted or should have remitted taxes | ||
administered by the comptroller. | ||
(c) If there is no [ |
||
|
||
issued, the notice must be posted and the return made and filed as | ||
otherwise required by this title. | ||
SECTION 32. Section 1155.054(d), Estates Code, is amended | ||
to read as follows: | ||
(d) If the court finds that a party in a guardianship | ||
proceeding acted in bad faith or without just cause in prosecuting | ||
or objecting to an application in the proceeding, the court may | ||
order [ |
||
part of the attorney's fees awarded under this section and shall | ||
issue judgment against the party and in favor of the estate for the | ||
amount of attorney's fees ordered [ |
||
the estate. | ||
SECTION 33. Section 1155.151(a), Estates Code, is amended | ||
to read as follows: | ||
(a) In a guardianship proceeding, the court costs of the | ||
proceeding, including the costs described by Subsection (a-1), | ||
shall, except as provided by Subsection (c), be paid as follows, and | ||
the court shall issue the judgment accordingly: | ||
(1) out of the guardianship estate, if a guardianship | ||
of the estate has been created for the benefit of the ward and the | ||
court determines it is in the ward's best interest; | ||
(2) out of the management trust, if a management trust | ||
has been created for the benefit of the ward under Chapter 1301 and | ||
the court determines it is in the ward's best interest; | ||
(3) by the party to the proceeding who incurred the | ||
costs, unless that party filed, on the party's own behalf, an | ||
affidavit of inability to pay the costs under Rule 145, Texas Rules | ||
of Civil Procedure, that shows the party is unable to afford the | ||
costs, if: | ||
(A) there is no guardianship estate or no | ||
management trust has been created for the ward's benefit; or | ||
(B) the assets of the guardianship estate or | ||
management trust, as appropriate, are insufficient to pay the | ||
costs; or | ||
(4) out of the county treasury if: | ||
(A)(i) there is no guardianship estate or | ||
management trust; | ||
(ii) [ |
||
estate or management trust, as appropriate, are insufficient to pay | ||
the costs; or | ||
(iii) a guardianship of the estate has been | ||
created for the benefit of the ward and the court determines it is | ||
not in the ward's best interest to pay the costs; and | ||
(B) the party to the proceeding who incurred the | ||
costs filed, on the party's own behalf, an affidavit of inability to | ||
pay the costs under Rule 145, Texas Rules of Civil Procedure, that | ||
shows the party is unable to afford the costs. | ||
SECTION 34. Section 1155.151(a-2), Estates Code, is amended | ||
to read as follows: | ||
(a-2) Notwithstanding any other law requiring the payment | ||
of court costs in a guardianship proceeding, the following are not | ||
required to pay court costs on the filing of or during a | ||
guardianship proceeding: | ||
(1) an attorney ad litem; | ||
(2) a guardian ad litem; | ||
(3) a person or entity who files an affidavit of | ||
inability to pay the costs under Rule 145, Texas Rules of Civil | ||
Procedure, that shows the person or entity is unable to afford the | ||
costs; | ||
(4) a nonprofit guardianship program; | ||
(5) a governmental entity, including an office of | ||
public guardian; and | ||
(6) a government agency or nonprofit agency providing | ||
guardianship services. | ||
SECTION 35. Section 1163.005(a), Estates Code, is amended | ||
to read as follows: | ||
(a) The guardian of the estate shall attach to an account | ||
the guardian's affidavit stating: | ||
(1) that the account contains a correct and complete | ||
statement of the matters to which the account relates; | ||
(2) that the guardian has paid the bond premium for the | ||
next accounting period; | ||
(3) that the guardian has filed all tax returns of the | ||
ward due during the accounting period; | ||
(4) that the guardian has paid all taxes the ward owed | ||
during the accounting period, the amount of the taxes, the date the | ||
guardian paid the taxes, and the name of the governmental entity to | ||
which the guardian paid the taxes; and | ||
(5) if the guardian is a private professional | ||
guardian, a guardianship program, an office of public guardian, or | ||
the Health and Human Services Commission [ |
||
|
||
certified under Subchapter C, Chapter 155 [ |
||
who is providing guardianship services to the ward and who is | ||
swearing to the account on the guardian's behalf, is or has been the | ||
subject of an investigation conducted by the Judicial Branch | ||
[ |
||
accounting period. | ||
SECTION 36. Section 1163.101(c), Estates Code, is amended | ||
to read as follows: | ||
(c) The guardian of the person shall file a sworn affidavit | ||
that contains: | ||
(1) the guardian's current name, address, and | ||
telephone number; | ||
(2) the ward's date of birth and current name, address, | ||
telephone number, and age; | ||
(3) a description of the type of home in which the ward | ||
resides, which shall be described as: | ||
(A) the ward's own home; | ||
(B) a nursing home; | ||
(C) a guardian's home; | ||
(D) a foster home; | ||
(E) a boarding home; | ||
(F) a relative's home, in which case the | ||
description must specify the relative's relationship to the ward; | ||
(G) a hospital or medical facility; or | ||
(H) another type of residence; | ||
(4) statements indicating: | ||
(A) the length of time the ward has resided in the | ||
present home; | ||
(B) the reason for a change in the ward's | ||
residence, if a change in the ward's residence has occurred in the | ||
past year; | ||
(C) the date the guardian most recently saw the | ||
ward; | ||
(D) how frequently the guardian has seen the ward | ||
in the past year; | ||
(E) whether the guardian has possession or | ||
control of the ward's estate; | ||
(F) whether the ward's mental health has | ||
improved, deteriorated, or remained unchanged during the past year, | ||
including a description of the change if a change has occurred; | ||
(G) whether the ward's physical health has | ||
improved, deteriorated, or remained unchanged during the past year, | ||
including a description of the change if a change has occurred; | ||
(H) whether the ward has regular medical care; | ||
and | ||
(I) the ward's treatment or evaluation by any of | ||
the following persons during the past year, including the person's | ||
name and a description of the treatment: | ||
(i) a physician; | ||
(ii) a psychiatrist, psychologist, or other | ||
mental health care provider; | ||
(iii) a dentist; | ||
(iv) a social or other caseworker; or | ||
(v) any other individual who provided | ||
treatment; | ||
(5) a description of the ward's activities during the | ||
past year, including recreational, educational, social, and | ||
occupational activities, or a statement that no activities were | ||
available or that the ward was unable or refused to participate in | ||
activities; | ||
(6) the guardian's evaluation of: | ||
(A) the ward's living arrangements as excellent, | ||
average, or below average, including an explanation if the | ||
conditions are below average; | ||
(B) whether the ward is content or unhappy with | ||
the ward's living arrangements; and | ||
(C) unmet needs of the ward; | ||
(7) a statement indicating whether the guardian's | ||
power should be increased, decreased, or unaltered, including an | ||
explanation if a change is recommended; | ||
(8) a statement indicating that the guardian has paid | ||
the bond premium for the next reporting period; | ||
(9) if the guardian is a private professional | ||
guardian, a guardianship program, an office of public guardian, or | ||
the Health and Human Services Commission [ |
||
|
||
certified under Subchapter C, Chapter 155, Government Code, who is | ||
providing guardianship services to the ward and who is filing the | ||
affidavit on the guardian's behalf, is or has been the subject of an | ||
investigation conducted by the Judicial Branch [ |
||
Certification Commission [ |
||
(10) any additional information the guardian desires | ||
to share with the court regarding the ward, including: | ||
(A) whether the guardian has filed for emergency | ||
detention of the ward under Subchapter A, Chapter 573, Health and | ||
Safety Code; and | ||
(B) if applicable, the number of times the | ||
guardian has filed for emergency detention and the dates of the | ||
applications for emergency detention. | ||
SECTION 37. Section 1253.001, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO | ||
FOREIGN JURISDICTION. On application of the guardian or on the | ||
court's own motion, a [ |
||
|
||
transfer the guardianship to a court in a foreign jurisdiction to | ||
which the ward has permanently moved. | ||
SECTION 38. Subchapter B, Chapter 1301, Estates Code, is | ||
amended by adding Section 1301.0511 to read as follows: | ||
Sec. 1301.0511. NOTICE REQUIRED FOR APPLICATION FOR | ||
CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED. (a) On the | ||
filing of an application for creation of a management trust and | ||
except as provided by Subsection (d), notice shall be issued and | ||
served in the manner provided by Subchapter C, Chapter 1051, for the | ||
issuance and service of notice on the filing of an application for | ||
guardianship. | ||
(b) It is not necessary to serve a citation on a person who | ||
files an application for the creation of a management trust under | ||
this subchapter or for that person to waive the issuance and | ||
personal service of citation. | ||
(c) If the person for whom an application for creation of a | ||
management trust is filed is a ward, the sheriff or other officer, | ||
in addition to serving the persons described by Section 1051.103, | ||
shall personally serve each guardian of the ward with citation to | ||
appear and answer the application. | ||
(d) Notice under this section is not required if a | ||
proceeding for the appointment of a guardian is pending for the | ||
person for whom an application for creation of a management trust is | ||
filed. | ||
SECTION 39. Section 1301.101(a), Estates Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (c), a management trust | ||
created for a ward or incapacitated person must provide that: | ||
(1) the ward or incapacitated person is the sole | ||
beneficiary of the trust; | ||
(2) the trustee may disburse an amount of the trust's | ||
principal or income as the trustee determines is necessary to spend | ||
for the health, education, maintenance, or support of the person | ||
for whom the trust is created; | ||
(3) the trust income that the trustee does not | ||
disburse under Subdivision (2) must be added to the trust | ||
principal; | ||
(4) a trustee that is a corporate fiduciary serves | ||
without giving a bond; [ |
||
(5) subject to the court's approval and Subsection | ||
(b), a trustee is entitled to receive reasonable compensation for | ||
services the trustee provides to the person for whom the trust is | ||
created as the person's trustee; and | ||
(6) the trust terminates: | ||
(A) except as provided by Paragraph (B), if the | ||
person for whom the trust is created is a minor: | ||
(i) on the earlier of: | ||
(a) the person's death; or | ||
(b) the person's 18th birthday; or | ||
(ii) on the date provided by court order, | ||
which may not be later than the person's 25th birthday; | ||
(B) if the person for whom the trust is created is | ||
a minor and is also incapacitated for a reason other than being a | ||
minor: | ||
(i) on the person's death; or | ||
(ii) when the person regains capacity; or | ||
(C) if the person for whom the trust is created is | ||
not a minor: | ||
(i) according to the terms of the trust; | ||
(ii) on the date the court determines that | ||
continuing the trust is no longer in the person's best interests, | ||
subject to Section 1301.202(c); or | ||
(iii) on the person's death. | ||
SECTION 40. Section 1301.154(b), Estates Code, is amended | ||
to read as follows: | ||
(b) The trustee of a management trust created for a ward | ||
shall provide a copy of the annual account to each [ |
||
the ward [ |
||
SECTION 41. Section 1301.203, Estates Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) Except as provided by Subsection (a-1), if [ |
||
person for whom a management trust is created is a minor, the trust | ||
terminates on: | ||
(1) the earlier of: | ||
(A) the person's death; or | ||
(B) the person's 18th birthday; or | ||
(2) the date provided by court order, which may not be | ||
later than the person's 25th birthday. | ||
(a-1) If the person for whom a management trust is created | ||
is a minor and is also incapacitated for a reason other than being a | ||
minor, the trust terminates: | ||
(1) on the person's death; or | ||
(2) when the person regains capacity. | ||
SECTION 42. Sections 1355.002(b), (c), (d), (e), and (f), | ||
Estates Code, are amended to read as follows: | ||
(b) This section applies only to a nonresident creditor who | ||
is: | ||
(1) a nonresident minor and has a nonresident guardian | ||
of the estate appointed by a foreign court; | ||
(2) [ |
||
foreign court [ |
||
has a nonresident guardian of the estate appointed by that | ||
court;[ |
||
(3) the nonresident former ward of a guardianship | ||
terminated under Chapter 1204 who has no legal guardian qualified | ||
in this state. | ||
(c) A debtor in this state who owes money to a nonresident | ||
creditor to whom this section applies may pay the money: | ||
(1) to the creditor's guardian of the estate qualified | ||
in the domiciliary jurisdiction; or | ||
(2) to the county clerk of: | ||
(A) any county in this state in which real | ||
property owned by the creditor is located; or | ||
(B) if the creditor is not known to own real | ||
property in this state, the county in which the debtor resides. | ||
(d) A payment made under this section is for the nonresident | ||
creditor's account and for the nonresident creditor's use and | ||
benefit. | ||
(e) A receipt for payment signed by the county clerk is | ||
binding on the nonresident creditor as of the date and to the extent | ||
of payment if the receipt states: | ||
(1) the creditor's name; and | ||
(2) the creditor's post office address, if the address | ||
is known. | ||
(f) A county clerk who receives a payment under Subsection | ||
(c) for a nonresident creditor shall handle the money in the same | ||
manner as provided for a payment to the account of a resident | ||
creditor under Sections 1355.001, 1355.051, 1355.052, 1355.102, | ||
1355.103, and 1355.104. Those sections apply to the handling and | ||
disposition of money or any increase, dividend, or income paid to | ||
the clerk for the use, benefit, and account of the nonresident | ||
creditor to whom this section applies. | ||
SECTION 43. Section 1355.105, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1355.105. WITHDRAWAL OF MONEY BY CREDITOR OR | ||
CREDITOR'S HEIR, [ |
||
presentation to the court clerk of an order of a county or probate | ||
court of the county in which the money is held, money that is not | ||
withdrawn by an authorized person as provided by this chapter may be | ||
withdrawn by: | ||
(1) the creditor, after termination of the creditor's | ||
disability; | ||
(2) a subsequent personal representative of the | ||
creditor; [ |
||
(3) the creditor's heirs; or | ||
(4) a nonresident guardian of the estate appointed by | ||
a foreign court for a creditor who is: | ||
(A) a nonresident minor; or | ||
(B) a nonresident person who is adjudged to be | ||
incapacitated. | ||
(b) Except as provided by Subsection (b-1), a [ |
||
under Subsection (a) may be made at any time and without a special | ||
bond for that purpose. | ||
(b-1) A court may require a nonresident guardian of the | ||
estate of a creditor who is a nonresident minor or nonresident | ||
incapacitated person as described by Subsection (a)(4) to provide | ||
proof that the nonresident guardian of the estate gave an adequate | ||
bond in the foreign jurisdiction if the court determines that it is | ||
in the nonresident minor's or nonresident incapacitated person's | ||
best interest. | ||
(c) The order presented under Subsection (a) must direct the | ||
court clerk to deliver the money to: | ||
(1) the creditor; | ||
(2) [ |
||
(3) [ |
||
(4) if the creditor is a nonresident minor or | ||
nonresident person who is adjudged to be incapacitated, the | ||
creditor's nonresident guardian of the estate. | ||
(d) Before the court may issue an order under this section, | ||
the person's identity and credentials must be proved to the court's | ||
satisfaction. For purposes of this subsection, a nonresident | ||
guardian of the estate described by Subsection (c)(4) must present | ||
to the court exemplified copies of the order of a foreign court | ||
appointing the guardian and current letters of guardianship issued | ||
in the foreign jurisdiction. | ||
SECTION 44. Section 25.0006, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-5) to read as | ||
follows: | ||
(a) Notwithstanding any other law except Subsection (a-4), | ||
Subsections (a-1), (a-2), [ |
||
specific provision for a particular court or county that attempts | ||
to create a requirement for a bond or insurance that conflicts with | ||
those subsections. | ||
(a-5) A bond executed under Subsection (a-1) by the judge | ||
elected or appointed to a statutory county court or an insurance | ||
policy obtained under Subsection (a-3) shall provide the same | ||
coverage to a visiting judge assigned to the court as the bond or | ||
insurance policy provides to the judge elected or appointed to the | ||
court. | ||
SECTION 45. Section 25.00231, Government Code, is amended | ||
by adding Subsection (f) to read as follows: | ||
(f) Notwithstanding Subsection (e), a bond executed under | ||
Subsection (b) by the judge elected or appointed to a statutory | ||
probate court or an insurance policy obtained under Subsection (c) | ||
shall provide the same coverage to a visiting judge assigned to the | ||
court as the bond or insurance policy provides to the judge elected | ||
or appointed to the court. | ||
SECTION 46. Section 26.001, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) A bond executed under Subsection (a) by the judge | ||
elected or appointed to a county court or an insurance policy | ||
obtained under Subsection (c) shall provide the same coverage to a | ||
visiting judge assigned to the court as the bond or insurance policy | ||
provides to the judge elected or appointed to the court. | ||
SECTION 47. Section 81.114, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (e) to read as | ||
follows: | ||
(a) The state bar shall provide a course of instruction for | ||
attorneys who represent any person's interests [ |
||
guardianship cases or who serve as court-appointed guardians. | ||
(e) The course of instruction described by this section must | ||
be low-cost and available to persons throughout this state, | ||
including on the Internet provided through the state bar. | ||
SECTION 48. Section 101.0814, Government Code, is amended | ||
to read as follows: | ||
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: | ||
LOCAL GOVERNMENT CODE. The clerk of a statutory county court shall | ||
collect fees and costs under the Local Government Code as follows: | ||
(1) additional filing fee to fund contingency fund for | ||
liability insurance, if authorized by the county commissioners | ||
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | ||
(2) civil court actions (Sec. 118.052, Local | ||
Government Code): | ||
(A) filing of original action (Secs. 118.052 and | ||
118.053, Local Government Code): | ||
(i) garnishment after judgment (Sec. | ||
118.052, Local Government Code) . . . $15; and | ||
(ii) all others (Sec. 118.052, Local | ||
Government Code) . . . $40; | ||
(B) filing of action other than original (Secs. | ||
118.052 and 118.054, Local Government Code) . . . $30; and | ||
(C) services rendered after judgment in original | ||
action (Secs. 118.052 and 118.0545, Local Government Code): | ||
(i) abstract of judgment (Sec. 118.052, | ||
Local Government Code) . . . $5; and | ||
(ii) execution, order of sale, writ, or | ||
other process (Sec. 118.052, Local Government Code) . . . $5; | ||
(3) probate court actions (Sec. 118.052, Local | ||
Government Code): | ||
(A) probate original action (Secs. 118.052 and | ||
118.055, Local Government Code): | ||
(i) probate of a will with independent | ||
executor, administration with will attached, administration of an | ||
estate, guardianship or receivership of an estate, or muniment of | ||
title (Sec. 118.052, Local Government Code) . . . $40; | ||
(ii) community survivors (Sec. 118.052, | ||
Local Government Code) . . . $40; | ||
(iii) small estates (Sec. 118.052, Local | ||
Government Code) . . . $40; | ||
(iv) declarations of heirship (Sec. | ||
118.052, Local Government Code) . . . $40; | ||
(v) mental health or chemical dependency | ||
services (Sec. 118.052, Local Government Code) . . . $40; and | ||
(vi) additional, special fee (Secs. 118.052 | ||
and 118.064, Local Government Code) . . . $5; | ||
(B) services in pending probate action (Secs. | ||
118.052 and 118.056, Local Government Code): | ||
(i) filing an inventory and appraisement | ||
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | ||
(ii) approving and recording bond (Sec. | ||
118.052, Local Government Code) . . . $3; | ||
(iii) administering oath (Sec. 118.052, | ||
Local Government Code) . . . $2; | ||
(iv) filing annual or final account of | ||
estate (Sec. 118.052, Local Government Code) . . . $25; | ||
(v) filing application for sale of real or | ||
personal property (Sec. 118.052, Local Government Code) . . . $25; | ||
(vi) filing annual or final report of | ||
guardian of a person (Sec. 118.052, Local Government Code) . . . | ||
$10; and | ||
(vii) filing a document not listed under | ||
this paragraph after the filing of an order approving the inventory | ||
and appraisement or after the 120th day after the date of the | ||
initial filing of the action, whichever occurs first (Secs. 118.052 | ||
and 191.007, Local Government Code), if more than 25 pages . . . | ||
$25; | ||
(C) adverse probate action (Secs. 118.052 and | ||
118.057, Local Government Code) . . . $40; | ||
(D) claim against estate (Secs. 118.052 and | ||
118.058, Local Government Code) . . . $10; | ||
(E) supplemental public [ |
||
guardianship and related services fee (Secs. 118.052 and 118.067, | ||
Local Government Code) . . . $20; and | ||
(F) supplemental public probate administrator | ||
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | ||
(4) other fees (Sec. 118.052, Local Government Code): | ||
(A) issuing document (Secs. 118.052 and 118.059, | ||
Local Government Code): | ||
(i) original document and one copy (Sec. | ||
118.052, Local Government Code) . . . $4; and | ||
(ii) each additional set of an original and | ||
one copy (Sec. 118.052, Local Government Code) . . . $4; | ||
(B) certified papers (Secs. 118.052 and 118.060, | ||
Local Government Code): | ||
(i) for the clerk's certificate (Sec. | ||
118.052, Local Government Code) . . . $5; and | ||
(ii) a fee per page or part of a page (Sec. | ||
118.052, Local Government Code) . . . $1; | ||
(C) noncertified papers, for each page or part of | ||
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . | ||
$1; | ||
(D) letters testamentary, letter of | ||
guardianship, letter of administration, or abstract of judgment | ||
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; | ||
(E) safekeeping of wills (Secs. 118.052 and | ||
118.062, Local Government Code) . . . $5; | ||
(F) mail service of process (Secs. 118.052 and | ||
118.063, Local Government Code) . . . same as sheriff; and | ||
(G) records management and preservation fee | ||
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) | ||
. . . $5; | ||
(5) additional filing fee for filing any civil action | ||
or proceeding requiring a filing fee, including an appeal, and on | ||
the filing of any counterclaim, cross-action, intervention, | ||
interpleader, or third-party action requiring a filing fee, to fund | ||
civil legal services for the indigent (Sec. 133.153, Local | ||
Government Code) . . . $10; | ||
(6) on the filing of a civil suit, an additional filing | ||
fee to be used for court-related purposes for the support of the | ||
judiciary (Sec. 133.154, Local Government Code) . . . $42; | ||
(7) additional filing fee to fund the courthouse | ||
security fund, if authorized by the county commissioners court | ||
(Sec. 291.008, Local Government Code) . . . not to exceed $5; | ||
(8) additional filing fee for filing documents not | ||
subject to certain filing fees to fund the courthouse security | ||
fund, if authorized by the county commissioners court (Sec. | ||
291.008, Local Government Code) . . . $1; | ||
(9) additional filing fee to fund the courthouse | ||
security fund in Webb County, if authorized by the county | ||
commissioners court (Sec. 291.009, Local Government Code) . . . not | ||
to exceed $20; and | ||
(10) court cost in civil cases other than suits for | ||
delinquent taxes to fund the county law library fund, if authorized | ||
by the county commissioners court (Sec. 323.023, Local Government | ||
Code) . . . not to exceed $35. | ||
SECTION 49. Section 101.1013, Government Code, is amended | ||
to read as follows: | ||
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS: | ||
LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall | ||
collect fees and costs under the Local Government Code as follows: | ||
(1) additional filing fee for filing any civil action | ||
or proceeding requiring a filing fee, including an appeal, and on | ||
the filing of any counterclaim, cross-action, intervention, | ||
interpleader, or third-party action requiring a filing fee to fund | ||
civil legal services for the indigent (Sec. 133.153, Local | ||
Government Code) . . . $10; | ||
(2) additional filing fee to fund contingency fund for | ||
liability insurance, if authorized by the county commissioners | ||
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | ||
(3) probate court actions (Sec. 118.052, Local | ||
Government Code): | ||
(A) probate original action (Secs. 118.052 and | ||
118.055, Local Government Code): | ||
(i) probate of a will with independent | ||
executor, administration with will attached, administration of an | ||
estate, guardianship or receivership of an estate, or muniment of | ||
title (Sec. 118.052, Local Government Code) . . . $40; | ||
(ii) community survivors (Sec. 118.052, | ||
Local Government Code) . . . $40; | ||
(iii) small estates (Sec. 118.052, Local | ||
Government Code) . . . $40; | ||
(iv) declarations of heirship (Sec. | ||
118.052, Local Government Code) . . . $40; | ||
(v) mental health or chemical dependency | ||
services (Sec. 118.052, Local Government Code) . . . $40; and | ||
(vi) additional, special fee (Secs. 118.052 | ||
and 118.064, Local Government Code) . . . $5; | ||
(B) services in pending probate action (Secs. | ||
118.052 and 118.056, Local Government Code): | ||
(i) filing an inventory and appraisement | ||
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | ||
(ii) approving and recording bond (Sec. | ||
118.052, Local Government Code) . . . $3; | ||
(iii) administering oath (Sec. 118.052, | ||
Local Government Code) . . . $2; | ||
(iv) filing annual or final account of | ||
estate (Sec. 118.052, Local Government Code). . . $25; | ||
(v) filing application for sale of real or | ||
personal property (Sec. 118.052, Local Government Code) . . . $25; | ||
(vi) filing annual or final report of | ||
guardian of a person (Sec. 118.052, Local Government Code) . . . | ||
$10; and | ||
(vii) filing a document not listed under | ||
this paragraph after the filing of an order approving the inventory | ||
and appraisement or after the 120th day after the date of the | ||
initial filing of the action, whichever occurs first (Secs. 118.052 | ||
and 191.007, Local Government Code), if more than 25 pages . . . | ||
$25; | ||
(C) adverse probate action (Secs. 118.052 and | ||
118.057, Local Government Code) . . . $40; | ||
(D) claim against estate (Secs. 118.052 and | ||
118.058, Local Government Code) . . . $10; | ||
(E) supplemental public [ |
||
guardianship and related services fee (Secs. 118.052 and 118.067, | ||
Local Government Code) . . . $20; and | ||
(F) supplemental public probate administrator | ||
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | ||
(4) other fees (Sec. 118.052, Local Government Code): | ||
(A) issuing document (Secs. 118.052 and 118.059, | ||
Local Government Code): | ||
(i) original document and one copy (Sec. | ||
118.052, Local Government Code) . . . $4; and | ||
(ii) each additional set of an original and | ||
one copy (Sec. 118.052, Local Government Code) . . . $4; | ||
(B) certified papers (Secs. 118.052 and 118.060, | ||
Local Government Code): | ||
(i) for the clerk's certificate (Sec. | ||
118.052, Local Government Code) . . . $5; and | ||
(ii) a fee per page or part of a page (Sec. | ||
118.052, Local Government Code) . . . $1; | ||
(C) noncertified papers, for each page or part of | ||
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . | ||
$1; | ||
(D) letters testamentary, letter of | ||
guardianship, letter of administration, or abstract of judgment | ||
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; | ||
(E) safekeeping of wills (Secs. 118.052 and | ||
118.062, Local Government Code) . . . $5; | ||
(F) mail service of process (Secs. 118.052 and | ||
118.063, Local Government Code) . . . same as sheriff; and | ||
(G) records management and preservation fee | ||
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and | ||
(5) court cost in civil cases other than suits for | ||
delinquent taxes to fund the county law library fund, if authorized | ||
by the county commissioners court (Sec. 323.023, Local Government | ||
Code) . . . not to exceed $35. | ||
SECTION 50. Section 101.1214, Government Code, is amended | ||
to read as follows: | ||
Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL | ||
GOVERNMENT CODE. The clerk of a county court shall collect the | ||
following fees and costs under the Local Government Code: | ||
(1) additional filing fee to fund contingency fund for | ||
liability insurance, if authorized by the county commissioners | ||
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | ||
(2) civil court actions (Sec. 118.052, Local | ||
Government Code): | ||
(A) filing of original action (Secs. 118.052 and | ||
118.053, Local Government Code): | ||
(i) garnishment after judgment (Sec. | ||
118.052, Local Government Code) . . . $15; and | ||
(ii) all others (Sec. 118.052, Local | ||
Government Code) . . . $40; | ||
(B) filing of action other than original (Secs. | ||
118.052 and 118.054, Local Government Code) . . . $30; and | ||
(C) services rendered after judgment in original | ||
action (Secs. 118.052 and 118.0545, Local Government Code): | ||
(i) abstract of judgment (Sec. 118.052, | ||
Local Government Code) . . . $5; and | ||
(ii) execution, order of sale, writ, or | ||
other process (Sec. 118.052, Local Government Code) . . . $5; | ||
(3) probate court actions (Sec. 118.052, Local | ||
Government Code): | ||
(A) probate original action (Secs. 118.052 and | ||
118.055, Local Government Code): | ||
(i) probate of a will with independent | ||
executor, administration with will attached, administration of an | ||
estate, guardianship or receivership of an estate, or muniment of | ||
title (Sec. 118.052, Local Government Code) . . . $40; | ||
(ii) community survivors (Sec. 118.052, | ||
Local Government Code) . . . $40; | ||
(iii) small estates (Sec. 118.052, Local | ||
Government Code) . . . $40; | ||
(iv) declarations of heirship (Sec. | ||
118.052, Local Government Code) . . . $40; | ||
(v) mental health or chemical dependency | ||
services (Sec. 118.052, Local Government Code) . . . $40; and | ||
(vi) additional, special fee (Secs. 118.052 | ||
and 118.064, Local Government Code) . . . $5; | ||
(B) services in pending probate action (Secs. | ||
118.052 and 118.056, Local Government Code): | ||
(i) filing an inventory and appraisement | ||
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | ||
(ii) approving and recording bond (Sec. | ||
118.052, Local Government Code) . . . $3; | ||
(iii) administering oath (Sec. 118.052, | ||
Local Government Code) . . . $2; | ||
(iv) filing annual or final account of | ||
estate (Sec. 118.052, Local Government Code) . . . $25; | ||
(v) filing application for sale of real or | ||
personal property (Sec. 118.052, Local Government Code) . . . $25; | ||
(vi) filing annual or final report of | ||
guardian of a person (Sec. 118.052, Local Government Code) . . . | ||
$10; and | ||
(vii) filing a document not listed under | ||
this paragraph after the filing of an order approving the inventory | ||
and appraisement or after the 120th day after the date of the | ||
initial filing of the action, whichever occurs first (Secs. 118.052 | ||
and 191.007, Local Government Code), if more than 25 pages . . . | ||
$25; | ||
(C) adverse probate action (Secs. 118.052 and | ||
118.057, Local Government Code) . . . $40; | ||
(D) claim against estate (Secs. 118.052 and | ||
118.058, Local Government Code) . . . $10; | ||
(E) supplemental public [ |
||
guardianship and related services fee (Secs. 118.052 and 118.067, | ||
Local Government Code) . . . $20; and | ||
(F) supplemental public probate administrator | ||
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | ||
(4) other fees (Sec. 118.052, Local Government Code): | ||
(A) issuing document (Secs. 118.052 and 118.059, | ||
Local Government Code): | ||
(i) original document and one copy (Sec. | ||
118.052, Local Government Code) . . . $4; and | ||
(ii) each additional set of an original and | ||
one copy (Sec. 118.052, Local Government Code) . . . $4; | ||
(B) certified papers (Secs. 118.052 and 118.060, | ||
Local Government Code): | ||
(i) for the clerk's certificate (Sec. | ||
118.052, Local Government Code) . . . $5; and | ||
(ii) a fee per page or part of a page (Sec. | ||
118.052, Local Government Code) . . . $1; | ||
(C) noncertified papers, for each page or part of | ||
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . | ||
$1; | ||
(D) letters testamentary, letter of | ||
guardianship, letter of administration, or abstract of judgment | ||
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; | ||
(E) safekeeping of wills (Secs. 118.052 and | ||
118.062, Local Government Code) . . . $5; | ||
(F) mail service of process (Secs. 118.052 and | ||
118.063, Local Government Code) . . . same as sheriff; and | ||
(G) records management and preservation fee | ||
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) | ||
. . . $5; | ||
(5) deposit on filing petition requesting permission | ||
to create a municipal civic center authority (Sec. 281.013, Local | ||
Government Code) . . . $200; | ||
(6) additional filing fee to fund the courthouse | ||
security fund, if authorized by the county commissioners court | ||
(Sec. 291.008, Local Government Code) . . . not to exceed $5; | ||
(7) additional filing fee for filing documents not | ||
subject to certain filing fees to fund the courthouse security | ||
fund, if authorized by the county commissioners court (Sec. | ||
291.008, Local Government Code) . . . $1; | ||
(8) additional filing fee to fund the courthouse | ||
security fund in Webb County, if authorized by the county | ||
commissioners court (Sec. 291.009, Local Government Code) . . . not | ||
to exceed $20; | ||
(9) court cost in civil cases other than suits for | ||
delinquent taxes to fund the county law library fund, if authorized | ||
by the county commissioners court (Sec. 323.023, Local Government | ||
Code) . . . not to exceed $35; | ||
(10) additional filing fee for filing any civil action | ||
or proceeding requiring a filing fee, including an appeal, and on | ||
the filing of any counterclaim, cross-action, intervention, | ||
interpleader, or third-party action requiring a filing fee, to fund | ||
civil legal services for the indigent (Sec. 133.153, Local | ||
Government Code) . . . $10; and | ||
(11) on the filing of a civil suit an additional filing | ||
fee to be used for court-related purposes for the support of the | ||
judiciary (Sec. 133.154, Local Government Code) . . . $42. | ||
SECTION 51. Section 155.001, Government Code, is amended by | ||
amending Subdivisions (4), (6), and (6-a) and adding Subdivisions | ||
(5-a) and (6-b) to read as follows: | ||
(4) "Guardianship program" means a local, county, or | ||
regional program, other than an office of public guardian, that | ||
provides guardianship and related services to an incapacitated | ||
person or other person who needs assistance in making decisions | ||
concerning the person's own welfare or financial affairs. | ||
(5-a) "Office of public guardian" has the meaning | ||
assigned by Section 1002.0215, Estates Code. | ||
(6) "Private professional guardian" means a person, | ||
other than an attorney, [ |
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public guardian, who is engaged in the business of providing | ||
guardianship services. | ||
(6-a) "Public guardian" has the meaning assigned by | ||
Section 1002.0265, Estates Code. | ||
(6-b) Notwithstanding Section 151.001, "registration" | ||
means registration of a guardianship under this chapter. | ||
SECTION 52. Subchapter B, Chapter 155, Government Code, is | ||
amended by adding Section 155.053 to read as follows: | ||
Sec. 155.053. MONITORING OF COUNTY PUBLIC GUARDIANSHIP AND | ||
RELATED SERVICES FUNDS. The office shall monitor counties to | ||
ensure money is appropriately deposited into the public | ||
guardianship and related services funds established by counties | ||
under Section 118.067, Local Government Code, and being used in | ||
compliance with that section. Not later than December 1 of each | ||
year, the office shall submit a report to the legislature detailing | ||
how money in the funds is being used by counties across the state. | ||
SECTION 53. Section 155.101(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commission shall adopt minimum standards for: | ||
(1) the provision of guardianship services or other | ||
similar but less restrictive types of assistance or services by: | ||
(A) individuals employed by or contracting with | ||
guardianship programs to provide the assistance or services on | ||
behalf of the programs; and | ||
(B) private professional guardians; [ |
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(2) the provision of guardianship services by the | ||
Health and Human Services Commission; and | ||
(3) the provision of guardianship services by offices | ||
of public guardians [ |
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SECTION 54. Section 155.102(a), Government Code, is amended | ||
to read as follows: | ||
(a) To provide guardianship services in this state, the | ||
following individuals must hold a certificate issued under this | ||
section: | ||
(1) an individual who is a private professional | ||
guardian; | ||
(2) an individual who will provide those services to a | ||
ward of a private professional guardian on the guardian's behalf; | ||
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(3) an individual, other than a volunteer, who will | ||
provide those services or other services under Section 161.114, | ||
Human Resources Code, to a ward of a guardianship program or the | ||
Health and Human Services Commission [ |
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(4) an individual who is a public guardian; and | ||
(5) an individual who will provide those services to a | ||
ward of an office of public guardian. | ||
SECTION 55. Section 155.105, Government Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) Not later than January 31 of each year, each office of | ||
public guardian shall provide to the commission a report containing | ||
for the preceding year: | ||
(1) the number of wards served by the office; | ||
(2) the total amount of any money received from this | ||
state for the provision of guardianship services; and | ||
(3) the amount of money received from any other public | ||
source, including a county or the federal government, for the | ||
provision of guardianship services, reported by source, and the | ||
total amount of money received from those public sources. | ||
SECTION 56. Section 155.205(b), Government Code, is amended | ||
to read as follows: | ||
(b) The commission shall obtain: | ||
(1) fingerprint-based criminal history record | ||
information of a proposed guardian [ |
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(A) the liquid assets of the estate of a ward | ||
exceed $50,000; or | ||
(B) the proposed guardian is not a resident of | ||
this state; or | ||
(2) 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, [ |
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(A) the liquid assets of the estate of a ward are | ||
$50,000 or less; and | ||
(B) the proposed guardian is a resident of this | ||
state. | ||
SECTION 57. Section 411.1386(a), Government Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsections (a-1), (a-5), and | ||
(a-6), the clerk of the county having venue over a proceeding for | ||
the appointment of a guardian under Title 3, Estates Code, shall | ||
obtain from the department criminal history record information | ||
maintained by the department that relates to: | ||
(1) a private professional guardian; | ||
(2) each person who represents or plans to represent | ||
the interests of a ward as a guardian on behalf of the private | ||
professional guardian; | ||
(3) each person employed by a private professional | ||
guardian who will: | ||
(A) have personal contact with a ward or proposed | ||
ward; | ||
(B) exercise control over and manage a ward's | ||
estate; or | ||
(C) perform any duties with respect to the | ||
management of a ward's estate; | ||
(4) each person employed by or volunteering or | ||
contracting with a guardianship program to provide guardianship | ||
services to a ward of the program on the program's behalf; [ |
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(5) a public guardian, as defined by Section | ||
1002.0265(1), Estates Code; | ||
(6) each person who represents or plans to represent | ||
the interests of a ward as a guardian on behalf of an office of | ||
public guardian; | ||
(7) each person employed by an office of public | ||
guardian, as defined by Section 1002.0215, Estates Code, who will: | ||
(A) have personal contact with a ward or proposed | ||
ward; | ||
(B) exercise control over and manage a ward's | ||
estate; or | ||
(C) perform any duties with respect to the | ||
management of a ward's estate; or | ||
(8) any other person proposed to serve as a guardian | ||
under Title 3, Estates Code, including a proposed temporary | ||
guardian and a proposed successor guardian, other than an attorney. | ||
SECTION 58. Section 571.013, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 571.013. METHOD OF GIVING NOTICE. Except as otherwise | ||
provided by this subtitle, notice required under this subtitle may | ||
be given by: | ||
(1) personal delivery of [ |
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notice or document by a constable or sheriff of the county; [ |
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(2) [ |
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reasonably calculated to give actual notice. | ||
SECTION 59. Section 571.014(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) A person may [ |
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clerk by the use of reproduced, photocopied, or electronically | ||
transmitted paper copies of [ |
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signed copies of the paper. A person who files a reproduced, | ||
photocopied, or electronically transmitted paper must maintain | ||
possession of the original signed copies of the paper and shall make | ||
the original paper available for inspection on request by the | ||
parties or the court [ |
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SECTION 60. Section 161.103, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 161.103. CONTRACT FOR GUARDIANSHIP SERVICES. (a) If | ||
appropriate, the commission [ |
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political subdivision of this state, a guardianship program as | ||
defined by Section 1002.016, Estates Code, a private agency, or | ||
another state agency for the provision of guardianship services | ||
under this section. | ||
(b) A contract under Subsection (a) may allow for the | ||
provision of guardianship services by an office of public guardian, | ||
as defined by Section 1002.0215, Estates Code. | ||
SECTION 61. Section 118.052, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court | ||
shall collect the following fees for services rendered to any | ||
person: | ||
(1) CIVIL COURT ACTIONS | ||
(A) Filing of Original Action (Sec. 118.053): | ||
(i) Garnishment after judgment . . . $15.00 | ||
(ii) All others . . . $40.00 | ||
(B) Filing of Action Other than Original (Sec. | ||
118.054) . . . $30.00 | ||
(C) Services Rendered After Judgment in Original | ||
Action (Sec. 118.0545): | ||
(i) Abstract of judgment . . . $5.00 | ||
(ii) Execution, order of sale, writ, or | ||
other process . . . $5.00 | ||
(2) PROBATE COURT ACTIONS | ||
(A) Probate Original Action (Sec. 118.055): | ||
(i) Probate of a will with independent | ||
executor, administration with will attached, administration of an | ||
estate, guardianship or receivership of an estate, or muniment of | ||
title . . . $40.00 | ||
(ii) Community survivors . . . $40.00 | ||
(iii) Small estates . . . $40.00 | ||
(iv) Declarations of heirship . . . $40.00 | ||
(v) Mental health or chemical dependency | ||
services . . . $40.00 | ||
(vi) Additional, special fee (Sec. 118.064) | ||
. . . $5.00 | ||
(B) Services in Pending Probate Action (Sec. | ||
118.056): | ||
(i) Filing an inventory and appraisement as | ||
provided by Section 118.056(d) . . . $25.00 | ||
(ii) Approving and recording bond . . . | ||
$3.00 | ||
(iii) Administering oath . . . $2.00 | ||
(iv) Filing annual or final account of | ||
estate . . . $25.00 | ||
(v) Filing application for sale of real or | ||
personal property . . . $25.00 | ||
(vi) Filing annual or final report of | ||
guardian of a person . . . $10.00 | ||
(vii) Filing a document not listed under | ||
this paragraph after the filing of an order approving the inventory | ||
and appraisement or after the 120th day after the date of the | ||
initial filing of the action, whichever occurs first, if more than | ||
25 pages . . . $25.00 | ||
(C) Adverse Probate Action (Sec. 118.057) . . . | ||
$40.00 | ||
(D) Claim Against Estate (Sec. 118.058) . . . | ||
$10.00 | ||
(E) Supplemental Public [ |
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Guardianship and Related Services Fee in Probate Original Actions | ||
and Adverse Probate Actions (Sec. 118.067) . . . $20.00 | ||
(F) Supplemental Public Probate Administrator | ||
Fee For Counties That Have Appointed a Public Probate Administrator | ||
(Sec. 118.068) . . . $10.00 | ||
(3) OTHER FEES | ||
(A) Issuing Document (Sec. 118.059): | ||
original document and one copy . . . $4.00 | ||
each additional set of an original and one copy . . . $4.00 | ||
(B) Certified Papers (Sec. 118.060): | ||
for the clerk's certificate . . . $5.00 | ||
plus a fee per page or part of a page of . . . $1.00 | ||
(C) Noncertified Papers (Sec. 118.0605): | ||
for each page or part of a page . . . $1.00 | ||
(D) Letters Testamentary, Letter of | ||
Guardianship, Letter of Administration, or Abstract of Judgment | ||
(Sec. 118.061) . . . $2.00 | ||
(E) Deposit and Safekeeping of Wills (Sec. | ||
118.062) . . . $5.00 | ||
(F) Mail Service of Process (Sec. 118.063) . . . | ||
same as sheriff | ||
(G) Records Management and Preservation Fee | ||
. . . $5.00 | ||
(H) Records Technology and Infrastructure Fee if | ||
authorized by the commissioners court of the county (Sec. 118.026) | ||
. . . $2.00 | ||
SECTION 62. Section 118.067, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 118.067. SUPPLEMENTAL PUBLIC [ |
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GUARDIANSHIP AND RELATED SERVICES FEE. (a) The "supplemental | ||
public [ |
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under Section 118.052(2)(E) is for the support of guardianship | ||
services provided by public guardians, as defined by Section | ||
1002.0265 [ |
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alternative services provided to indigent incapacitated persons | ||
who do not have family members suitable and willing to serve as | ||
guardians or provide less restrictive alternative services. Fees | ||
collected under Section 118.052(2)(E) shall be deposited in a | ||
public [ |
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the county treasury and may be used only to supplement, rather than | ||
supplant, other available county funds used to fund guardianship | ||
services or other less restrictive alternative services provided to | ||
individuals who are indigent[ |
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(b) The supplemental public [ |
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and related services fee is charged for: | ||
(1) a probate original action described by Section | ||
118.055 and for which a fee is charged in accordance with Section | ||
118.052(2)(A)(i), (ii), (iii), (iv), or (v); and | ||
(2) an adverse probate action described by Section | ||
118.057 and for which a fee is charged in accordance with Section | ||
118.052(2)(C). | ||
(c) The supplemental public [ |
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and related services fee must be paid by the person against whom the | ||
fee for a probate original action or adverse probate action, as | ||
applicable, is charged and is due at the time that fee is due. | ||
(d) The supplemental public [ |
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and related services fee is in addition to all other fees charged in | ||
probate original actions and adverse probate actions. | ||
SECTION 63. Section 1104.403, Estates Code, is repealed. | ||
SECTION 64. Section 571.014(d), Health and Safety Code, is | ||
repealed. | ||
SECTION 65. (a) Section 202.054, Estates Code, as amended | ||
by this Act, applies only to a proceeding to declare heirship | ||
commenced on or after the effective date of this Act. A proceeding | ||
to declare heirship commenced before that date is governed by the | ||
law in effect on the date the proceeding was commenced, and the | ||
former law is continued in effect for that purpose. | ||
(b) Section 452.006(c), Estates Code, as added by this Act, | ||
applies only to a temporary administrator appointed on or after the | ||
effective date of this Act. A temporary administrator appointed | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the administrator was appointed, and the former | ||
law is continued in effect for that purpose. | ||
(c) Section 503.002, Estates Code, as amended by this Act, | ||
applies only to a copy of a testamentary instrument or other | ||
document filed for recording on or after the effective date of this | ||
Act. A copy of a testamentary instrument or other document filed | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the instrument or document was filed, and the | ||
former law is continued in effect for that purpose. | ||
(d) The changes in law made by this Act to Sections 25.0006, | ||
25.00231, and 26.001, Government Code, apply only to an insurance | ||
policy delivered, issued for delivery, or renewed on or after | ||
January 1, 2020. An insurance policy delivered, issued for | ||
delivery, or renewed before January 1, 2020, is governed by the law | ||
as it existed immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
SECTION 66. (a) Except as otherwise provided by this | ||
section, the changes in law made by this Act apply to: | ||
(1) a guardianship created before, on, or after the | ||
effective date of this Act; and | ||
(2) an application for a guardianship pending on, or | ||
filed on or after, the effective date of this Act. | ||
(b) The changes in law made by this Act to Section 1021.001, | ||
Estates Code, apply only to an action filed on or after the | ||
effective date of this Act. An action filed before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
action was filed, and the former law is continued in effect for that | ||
purpose. | ||
(c) The changes in law made by this Act to Sections | ||
1054.201, 1101.153, 1155.054(d), and 1155.151(a), Estates Code, | ||
and Section 155.205(b), Government Code, apply only to a | ||
guardianship proceeding commenced on or after the effective date of | ||
this Act. A guardianship proceeding commenced before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
proceeding was commenced, and the former law is continued in effect | ||
for that purpose. | ||
(d) Section 1301.0511, Estates Code, as added by this Act, | ||
applies only to an application for creation of a management trust | ||
filed on or after the effective date of this Act. An application | ||
for creation of a management trust filed before the effective date | ||
of this Act is governed by the law in effect on the date the | ||
application was filed, and the former law is continued in effect for | ||
that purpose. | ||
(e) The changes in law made by this Act to Sections 1301.101 | ||
and 1301.203, Estates Code, apply only to an application for the | ||
creation or modification of a management trust filed on or after the | ||
effective date of this Act. An application for the creation or | ||
modification of a management trust filed before the effective date | ||
of this Act is governed by the law in effect on the date the | ||
application was filed, and the former law is continued in effect for | ||
that purpose. | ||
(f) The changes in law made by this Act to Section 1355.105, | ||
Estates Code, apply only to an application for an order for the | ||
delivery of money that is filed on or after the effective date of | ||
this Act. An application for an order for the delivery of money | ||
that is filed before the effective date of this Act is governed by | ||
the law in effect on the date the application was filed, and the | ||
former law is continued in effect for that purpose. | ||
(g) Section 1101.001, Estates Code, as amended by this Act, | ||
applies only to an application for the appointment of a guardian | ||
filed on or after the effective date of this Act. An application | ||
for the appointment of a guardian filed before the effective date of | ||
this Act is governed by the law in effect on the date the | ||
application was filed, and the former law is continued in effect for | ||
that purpose. | ||
(h) The following provisions of this Act apply only to the | ||
appointment of a guardian of the person or of the estate of a ward, | ||
or both, made on or after July 1, 2020: | ||
(1) Sections 1002.0215 and 1002.0265 and Subchapter | ||
G-1, Chapter 1104, Estates Code, as added by this Act; | ||
(2) Sections 1104.251(a), 1104.402(a), 1104.409, | ||
1155.151(a-2), 1163.005(a), and 1163.101(c), Estates Code, as | ||
amended by this Act; | ||
(3) Sections 101.0814, 101.1013, 101.1214, | ||
155.001(4), (6), and (6-a), 155.101(a), 155.102(a), and | ||
411.1386(a), Government Code, as amended by this Act; | ||
(4) Sections 155.001(5-a) and (6-b), 155.053, and | ||
155.105(b-1), Government Code, as added by this Act; | ||
(5) Section 161.103, Human Resources Code, as amended | ||
by this Act; and | ||
(6) Sections 118.052 and 118.067, Local Government | ||
Code, as amended by this Act. | ||
(i) Notwithstanding any other law, a person who, | ||
immediately before July 1, 2020, is serving as guardian of the | ||
person or of the estate of a ward, or both, and who, under Section | ||
1104.334, Estates Code, as added by this Act, would be eligible for | ||
appointment of an office of public guardian as the ward's guardian, | ||
may continue to serve as guardian of the person or of the estate of | ||
the ward, or both, unless otherwise removed as provided by law. | ||
SECTION 67. Not later than January 1, 2020, the supreme | ||
court shall adopt rules necessary to implement Subchapter G-1, | ||
Chapter 1104, Estates Code, as added by this Act, including rules | ||
governing the transfer of a guardianship of the person or of the | ||
estate of a ward, or both, if appropriate, to an office of public | ||
guardian established under that subchapter or a public guardian | ||
contracted under that subchapter. | ||
SECTION 68. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 667 passed the Senate on | ||
March 26, 2019, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 23, 2019, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 667 passed the House, with | ||
amendments, on May 21, 2019, by the following vote: Yeas 115, | ||
Nays 26, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |