Bill Text: TX SB1426 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the establishment by a county of public guardians for certain incapacitated persons and funding for guardianships by public guardians and related services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-08 - Committee report sent to Calendars [SB1426 Detail]
Download: Texas-2019-SB1426-Comm_Sub.html
By: Zaffirini | S.B. No. 1426 | |
(Thompson of Harris) | ||
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relating to the establishment by a county of public guardians for | ||
certain incapacitated persons and funding for guardianships by | ||
public guardians and related services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 2. 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 3. 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 4. 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; [ |
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(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 5. 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 | ||
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(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 6. 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 7. 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 [ |
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certified under Subchapter C, Chapter 155 [ |
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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 | ||
[ |
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accounting period. | ||
SECTION 8. 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 [ |
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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 [ |
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Certification Commission [ |
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(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 9. 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 [ |
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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 10. 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 11. 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 12. 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, [ |
||
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 13. 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 14. 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; [ |
||
(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 [ |
||
|
||
SECTION 15. 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; | ||
[ |
||
(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 [ |
||
|
||
[ |
||
(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 16. 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 17. 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; [ |
||
(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 18. Section 161.103, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 161.103. CONTRACT FOR GUARDIANSHIP SERVICES. (a) If | ||
appropriate, the commission [ |
||
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 19. 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 [ |
||
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 20. Section 118.067, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 118.067. SUPPLEMENTAL PUBLIC [ |
||
GUARDIANSHIP AND RELATED SERVICES FEE. (a) The "supplemental | ||
public [ |
||
under Section 118.052(2)(E) is for the support of guardianship | ||
services provided by public guardians, as defined by Section | ||
1002.0265 [ |
||
|
||
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 [ |
||
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[ |
||
[ |
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
(b) The supplemental public [ |
||
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 [ |
||
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 [ |
||
and related services fee is in addition to all other fees charged in | ||
probate original actions and adverse probate actions. | ||
SECTION 21. 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 22. (a) The changes in law made by 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. | ||
(b) 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, 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 23. This Act takes effect September 1, 2019. |