| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the provision of certain notices in guardianship |
|
|
proceedings. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1023.004, Estates Code, is amended by |
|
|
amending Subsection (b) and adding Subsection (c) to read as |
|
|
follows: |
|
|
(b) If an application is filed by a person other than the |
|
|
guardian [or if a court made a motion to transfer a guardianship], |
|
|
the guardian shall be cited by personal service to appear and show |
|
|
cause why the guardianship should not be transferred. |
|
|
(c) If a court made a motion to transfer a guardianship, the |
|
|
guardian shall be given notice by certified mail to appear and show |
|
|
cause why the guardianship should not be transferred. |
|
|
SECTION 2. Section 1203.052(b), Estates Code, is amended to |
|
|
read as follows: |
|
|
(b) In addition to the authority granted to the court under |
|
|
Subsection (a), the court may, on the complaint of the guardianship |
|
|
certification program of the Judicial Branch Certification |
|
|
Commission, remove a guardian who would be ineligible for |
|
|
appointment under Subchapter H, Chapter 1104, because of the |
|
|
guardian's failure to maintain the certification required under |
|
|
Subchapter F, Chapter 1104. The guardian shall be given notice, by |
|
|
certified mail, return receipt requested, [cited] to appear and |
|
|
contest the request for removal under this subsection at a time and |
|
|
place set in the notice [in the manner provided by Subsection (a)]. |
|
|
SECTION 3. Sections 1023.004 and 1203.052(b), Estates Code, |
|
|
as amended by this Act, apply to a guardianship proceeding |
|
|
commenced on or after the effective date of this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |