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AN ACT
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relating to concurrent guardianship proceedings in this state and |
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in a foreign jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subpart G, Part 5, Chapter XIII, Texas Probate |
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Code, is amended by adding Section 894 to read as follows: |
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Sec. 894. GUARDIANSHIP PROCEEDINGS FILED IN THIS STATE AND |
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IN FOREIGN JURISDICTION. (a) A court in which a guardianship |
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proceeding is filed and in which venue of the proceeding is proper |
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may delay further action in the proceeding in that court if: |
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(1) another guardianship proceeding involving a |
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matter at issue in the proceeding filed in the court is subsequently |
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filed in a court in a foreign jurisdiction; and |
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(2) venue of the proceeding in the foreign court is |
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proper. |
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(b) A court that delays further action in a guardianship |
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proceeding under Subsection (a) of this section shall determine |
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whether venue of the proceeding is more suitable in that court or in |
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the foreign court. In making that determination, the court may |
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consider: |
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(1) the interests of justice; |
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(2) the best interests of the ward or proposed ward; |
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and |
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(3) the convenience of the parties. |
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(c) A court that delays further action under Subsection (a) |
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of this section may issue any order it considers necessary to |
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protect the proposed ward or the proposed ward's estate. |
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(d) The court shall resume the guardianship proceeding if |
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the court determines that venue is more suitable in that court. If |
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the court determines that venue is more suitable in the foreign |
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court, the court shall, with the consent of the foreign court, |
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transfer the proceeding to the foreign court. |
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SECTION 2. Section 894, Texas Probate Code, as added by this |
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Act, applies only to a guardianship proceeding filed on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 342 was passed by the House on March |
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28, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 342 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |