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 [ |
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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) 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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|
|
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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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|
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| [ |
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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 [ |
||
| (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; [ |
||
| (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 [ |
||
| clerk by the use of reproduced, photocopied, or electronically | ||
| transmitted paper copies of [ |
||
| 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 [ |
||
| 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 [ |
||
| 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 [ |
||
| 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 [ |
||
|
|
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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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| [ |
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| [ |
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| [ |
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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 | ||
