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A BILL TO BE ENTITLED
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AN ACT
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relating to guardianship matters and proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 645, Texas Probate Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) The term of appointment of a guardian ad litem made in a |
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proceeding for the appointment of a guardian expires, without a |
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court order, on the date the court either appoints a guardian or |
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denies the application for appointment of a guardian, unless the |
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court determines that the continued appointment of the guardian ad |
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litem is in the ward's best interest. |
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SECTION 2. Section 646, Texas Probate Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The term of appointment of an attorney ad litem |
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appointed under this section expires, without a court order, on the |
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date the court either appoints a guardian or denies the application |
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for appointment of a guardian, unless the court determines that the |
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continued appointment of the attorney ad litem is in the ward's best |
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interest. |
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SECTION 3. Section 665A, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 665A. PAYMENT FOR PROFESSIONAL SERVICES. The court |
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shall order the payment of a fee set by the court as compensation to |
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the attorneys, mental health professionals, and interpreters |
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appointed under [Section 646 or 687 of] this chapter [code], as |
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applicable, to be taxed as costs in the case. If after examining |
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the proposed ward's assets the court determines the proposed ward |
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is unable to pay for services provided by an attorney, a mental |
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health professional, or an interpreter appointed under [Section 646
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or 687 of] this chapter [code], as applicable, the county is |
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responsible for the cost of those services. |
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SECTION 4. Section 683, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 683. COURT'S INITIATION OF GUARDIANSHIP PROCEEDINGS. |
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(a) If a court has probable cause to believe that a person |
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domiciled or found in the county in which the court is located is an |
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incapacitated person, and the person does not have a guardian in |
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this state, the court shall appoint a guardian ad litem or court |
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investigator to investigate the person's conditions and |
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circumstances to determine whether the person is an incapacitated |
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person. If after the investigation the guardian ad litem or court |
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investigator believes that the person is an incapacitated person, |
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the guardian ad litem or court investigator shall [and] file an |
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application for the appointment of a guardian of the person or |
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estate, or both, for [of] the person [believed to be
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incapacitated]. |
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(b) To establish probable cause under this section, the |
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court may require: |
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(1) an information letter about the person believed to |
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be incapacitated that is submitted by an interested person and |
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satisfies the requirements of Section 683A of this code; or |
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(2) a written letter or certificate from a physician |
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who has examined the person believed to be incapacitated that |
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satisfies the requirements of Section 687(a) of this code, except |
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that the letter must be dated not earlier than the 120th day before |
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the date of the appointment of a guardian ad litem or court |
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investigator [filing of an application] under Subsection (a) of |
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this section and be based on an examination the physician performed |
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not earlier than the 120th day before that date. |
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(c) A court that appoints a guardian ad litem under |
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Subsection (a) of this section [creates a guardianship for a ward
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under this chapter] may authorize compensation of the [a] guardian |
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ad litem [who files an application under Subsection (a) of this
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section] from available funds of the proposed ward's estate, |
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regardless of whether a guardianship is created for the proposed |
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ward. If after examining the ward's or proposed ward's assets the |
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court determines the ward or proposed ward is unable to pay for |
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services provided by the guardian ad litem, the court may authorize |
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compensation from the county treasury. |
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SECTION 5. Section 690, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 690. PERSONS APPOINTED GUARDIAN. Only one person may |
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be appointed as guardian of the person or estate, but one person may |
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be appointed guardian of the person and another of the estate, if it |
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is in the best interest of the ward. Nothing in this section |
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prohibits the joint appointment of: |
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(1) a husband and wife; |
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(2) [, of] joint managing conservators; |
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(3) [, or of] coguardians appointed under the laws of a |
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jurisdiction other than this state; or |
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(4) both parents of an adult who is incapacitated if |
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the incapacitated person: |
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(A) has not been the subject of a suit affecting |
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the parent-child relationship; or |
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(B) has been the subject of a suit affecting the |
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parent-child relationship and both of the incapacitated person's |
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parents were named as joint managing conservators in the suit but |
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are no longer serving in that capacity. |
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SECTION 6. Sections 693(a) and (b), Texas Probate Code, are |
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amended to read as follows: |
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(a) If it is found that the proposed ward is totally without |
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capacity as provided by this code to care for himself or herself and |
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to manage the individual's property, the court may appoint a |
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guardian of the individual's person or estate, or both, with full |
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authority over the incapacitated person except as provided by law. |
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An order appointing a guardian under this subsection must contain |
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findings of fact and specify: |
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(1) the information required by Subsection (c) of this |
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section; |
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(2) that the guardian has full authority over the |
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incapacitated person; [and] |
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(3) if necessary, the amount of funds from the corpus |
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of the person's estate the court will allow the guardian to expend |
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for the education and maintenance of the person under Section 776 of |
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this code; and |
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(4) whether the person is totally incapacitated |
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because of a mental condition. |
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(b) If it is found that the person lacks the capacity to do |
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some, but not all, of the tasks necessary to care for himself or |
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herself or to manage the individual's property, the court may |
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appoint a guardian with limited powers and permit the individual to |
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care for himself or herself or to manage the individual's property |
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commensurate with the individual's ability. An order appointing a |
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guardian under this subsection must contain findings of fact and |
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specify: |
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(1) the information required by Subsection (c) of this |
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section; |
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(2) the specific powers, limitations, or duties of the |
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guardian with respect to the care of the person or the management of |
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the person's property by the guardian; [and] |
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(3) if necessary, the amount of funds from the corpus |
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of the person's estate the court will allow the guardian to expend |
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for the education and maintenance of the person under Section 776 of |
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this code; and |
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(4) whether the person is incapacitated because of a |
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mental condition and, if so, whether the person retains the right to |
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vote. |
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SECTION 7. Section 694C, Texas Probate Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) An attorney ad litem appointed under this section is |
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entitled to reasonable compensation for services in the amount set |
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by the court to be taxed as costs in the proceeding, regardless of |
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whether the proceeding results in the restoration of the ward's |
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capacity or a modification of the ward's guardianship. |
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SECTION 8. Sections 694G and 694H, Texas Probate Code, are |
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amended to read as follows: |
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Sec. 694G. ORDER OF COMPLETE RESTORATION OF WARD'S |
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CAPACITY. If the court finds that a ward is no longer an |
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incapacitated person, the order completely restoring the ward's |
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capacity must contain findings of fact and specify: |
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(1) the information required by Section 694J of this |
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code; |
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(2) that the ward is no longer an incapacitated |
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person; |
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(3) that there is no further need for a guardianship of |
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the person or estate of the ward; |
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(3-a) if the ward's incapacity resulted from a mental |
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condition, that the ward's mental capacity is completely restored; |
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(4) that the guardian is required to: |
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(A) immediately settle the guardianship in |
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accordance with this chapter; and |
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(B) deliver all of the remaining guardianship |
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estate to the ward; and |
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(5) that the clerk shall revoke letters of |
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guardianship when the guardianship is finally settled and closed. |
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Sec. 694H. MODIFICATION OF GUARDIANSHIP. If the court |
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finds that a guardian's powers or duties should be expanded or |
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limited, the order modifying the guardianship must contain findings |
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of fact and specify: |
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(1) the information required by Section 694J of this |
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code; |
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(2) the specific powers, limitations, or duties of the |
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guardian with respect to the care of the ward or the management of |
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the property of the ward, as appropriate; |
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(3) the specific areas of protection and assistance to |
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be provided to the ward; |
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(4) any limitation of the ward's rights; [and] |
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(5) if the ward's incapacity resulted from a mental |
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condition, whether the ward retains the right to vote; and |
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(6) that the clerk shall modify the letters of |
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guardianship to the extent applicable to conform to the order. |
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SECTION 9. Subpart A, Part 3, Chapter XIII, Texas Probate |
|
Code, is amended by adding Section 694L to read as follows: |
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Sec. 694L. PAYMENT FOR GUARDIANS AD LITEM. As provided by |
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Section 645(b) of this code, a guardian ad litem appointed in a |
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proceeding involving the complete restoration of a ward's capacity |
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or modification of a ward's guardianship is entitled to reasonable |
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compensation for services in the amount set by the court to be taxed |
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as costs in the proceeding, regardless of whether the proceeding |
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results in the restoration of the ward's capacity or modification |
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of the ward's guardianship. |
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SECTION 10. Section 695(a), Texas Probate Code, is amended |
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to read as follows: |
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(a) If a guardian dies, resigns, or is removed, the court |
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may, on application and on service of notice as directed by the |
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court, appoint a successor guardian. On a finding that a necessity |
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for the immediate appointment of a successor guardian exists, the |
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court may appoint a successor guardian without citation or notice. |
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SECTION 11. Sections 759(a) and (f), Texas Probate Code, |
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are amended to read as follows: |
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(a) In case of the death of the guardian of the person or of |
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the estate of a ward, a personal representative of the deceased |
|
guardian shall account for, pay, and deliver to a person legally |
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entitled to receive the property, all the property belonging to the |
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guardianship that is entrusted to the care of the representative, |
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at the time and in the manner as the court orders. [On a finding
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that a necessity for the immediate appointment of a successor
|
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guardian exists, the court may appoint a successor guardian without
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citation or notice.] |
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(f) Except when otherwise expressly provided in this |
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chapter, letters may not be revoked [and other letters granted] |
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except on application, and after personal service of citation on |
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the person[, if living,] whose letters are sought to be revoked, |
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that the person appear and show cause why the application should not |
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be granted. |
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SECTION 12. Section 760(b), Texas Probate Code, is amended |
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to read as follows: |
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(b) If the necessity exists, the court may immediately |
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accept a resignation and appoint a successor without citation or |
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notice but may not discharge the person resigning as guardian of the |
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estate or release the person or the sureties on the person's bond |
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until final order or judgment is rendered on the final account of |
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the guardian. |
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SECTION 13. Sections 761(c) and (f), Texas Probate Code, |
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are amended to read as follows: |
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(c) The court may remove a guardian on its own motion, or on |
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the complaint of an interested person, after the guardian has been |
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cited by personal service to answer at a time and place set in the |
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notice, when: |
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(1) sufficient grounds appear to support belief that |
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the guardian has misapplied, embezzled, or removed from the state, |
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or that the guardian is about to misapply, embezzle, or remove from |
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the state, all or any part of the property committed to the care of |
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the guardian; |
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(2) the guardian fails to return any account or report |
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that is required by law to be made; |
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(3) the guardian fails to obey any proper order of the |
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court having jurisdiction with respect to the performance of the |
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guardian's duties; |
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(4) the guardian is proved to have been guilty of gross |
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misconduct or mismanagement in the performance of the duties of the |
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guardian; |
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(5) the guardian becomes incapacitated, or is |
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sentenced to the penitentiary, or from any other cause becomes |
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incapable of properly performing the duties of the guardian's |
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trust; |
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(6) the guardian neglects or cruelly treats the ward; |
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(6-a) the guardian neglects to educate or maintain the |
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ward as liberally as the means of the ward's estate and the ward's |
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ability or condition permit; |
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(7) the guardian interferes with the ward's progress |
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or participation in programs in the community; |
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(8) the guardian fails to comply with the requirements |
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of Section 697 of this code; [or] |
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(9) the court determines that, because of the |
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dissolution of the joint guardians' marriage, the termination of |
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the guardians' joint appointment and the continuation of only one |
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of the joint guardians as the sole guardian is in the best interest |
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of the ward; or |
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(10) the guardian would be ineligible for appointment |
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as a guardian under Section 681 of this code. |
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(f) If the necessity exists, the court may immediately |
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appoint a successor without citation or notice but may not |
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discharge the person removed as guardian of the estate or release |
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the person or the sureties on the person's bond until final order or |
|
judgment is rendered on the final account of the guardian. |
|
SECTION 14. Section 823, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 823. CITATION [AND RETURN] ON APPLICATION. On the |
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filing of an application for the sale of real estate under Section |
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820 of this code and exhibit, the clerk shall issue a citation to |
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all persons interested in the guardianship that describes the land |
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or interest or part of the land or interest sought to be sold and |
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that informs [requires] the persons of the right under Section 824 |
|
of this code to file an opposition to the sale during the period |
|
prescribed by the court [to appear at the time set by the court] as |
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shown in the citation [and show cause why the sale should not be
|
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made], if they so elect. Service of citation shall be by posting. |
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SECTION 15. Section 824, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 824. OPPOSITION TO APPLICATION. When an application |
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for an order of sale is made, a person interested in the |
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guardianship[, before an order of sale is made by the court,] may, |
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during the period provided in the citation issued under Section 823 |
|
of this code, file the person's opposition to the sale, in writing, |
|
or may make application for the sale of other property of the |
|
estate. |
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SECTION 16. Subpart H, Part 4, Chapter XIII, Texas Probate |
|
Code, is amended by adding Section 824A to read as follows: |
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Sec. 824A. HEARING ON APPLICATION AND ANY OPPOSITION. (a) |
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The clerk of a court in which an application for an order of sale is |
|
filed shall immediately call to the attention of the judge any |
|
opposition to the sale that is filed during the period provided in |
|
the citation issued under Section 823 of this code. The court shall |
|
hold a hearing on an application if an opposition to the sale is |
|
filed during the period provided in the citation. |
|
(b) A hearing on an application for an order of sale is not |
|
required under this section if no opposition to the application is |
|
filed during the period provided in the citation. The court, in its |
|
discretion, may determine that a hearing is necessary on the |
|
application even if no opposition was filed during that period. |
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(c) If the court orders a hearing under Subsection (a) or |
|
(b) of this section, the court shall designate in writing a date and |
|
time for hearing the application and any opposition, together with |
|
the evidence pertaining to the application and opposition. The |
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clerk shall issue a notice to the applicant and to each person who |
|
files an opposition to the sale, if applicable, of the date and time |
|
of the hearing. |
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(d) The judge may, by entries on the docket, continue a |
|
hearing held under this section from time to time until the judge is |
|
satisfied concerning the application. |
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SECTION 17. Section 825, Texas Probate Code, is amended to |
|
read as follows: |
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Sec. 825. ORDER OF SALE. If satisfied [on hearing] that the |
|
sale of the property of the guardianship described in the |
|
application made under Section 820 of this code is necessary or |
|
advisable, the court shall order the sale to be made. Otherwise, |
|
the court may deny the application and, if the court deems best, may |
|
order the sale of other property the sale of which would be more |
|
advantageous to the estate. An order for the sale of real estate |
|
must specify: |
|
(1) the property to be sold, giving a description that |
|
will identify the property; |
|
(2) whether the property is to be sold at public |
|
auction or at private sale, and, if at public auction, the time and |
|
place of the sale; |
|
(3) the necessity or advisability of the sale and its |
|
purpose; |
|
(4) except in cases in which no general bond is |
|
required, that, having examined the general bond of the |
|
representative of the estate, the court finds it to be sufficient as |
|
required by law, or finds the bond to be insufficient and specifies |
|
the necessary or increased bond; |
|
(5) that the sale shall be made and the report returned |
|
in accordance with law; and |
|
(6) the terms of the sale. |
|
SECTION 18. Section 855B, Texas Probate Code, is amended by |
|
amending Subsections (a) and (b) and adding Subsection (a-1) to |
|
read as follows: |
|
(a) Not later than the 180th day after the date on which the |
|
guardian of the estate qualified as guardian or another date |
|
specified by the court, the guardian shall: |
|
(1) have estate assets invested according to Section |
|
855(b) of this code; or |
|
(2) file a written application with the court for an |
|
order: |
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(A) [(1)] authorizing the guardian to: |
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(i) [(A)] develop and implement an |
|
investment plan for estate assets; |
|
(ii) [(B)] invest in or sell securities under |
|
an investment plan developed under Subparagraph (i) [Paragraph (A)] |
|
of this paragraph [subdivision]; |
|
(iii) [(C)] declare that one or more estate |
|
assets must be retained, despite being underproductive with respect |
|
to income or overall return; or |
|
(iv) [(D)] loan estate funds, invest in real |
|
estate or make other investments, or purchase a life, term, or |
|
endowment insurance policy or an annuity contract; or |
|
(B) [(2)] modifying or eliminating the guardian's |
|
duty to invest the estate. |
|
(a-1) The court may approve an investment plan under |
|
Subsection (a)(2) of this section without a hearing. |
|
(b) If the court determines [On hearing the application
|
|
under this section and on a finding by the preponderance of the
|
|
evidence] that the action requested in the application is in the |
|
best interests of the ward and the ward's estate, the court shall |
|
render an order granting the authority requested in the application |
|
or an order modifying or eliminating the guardian's duty to keep the |
|
estate invested. An [The] order under this subsection must state in |
|
reasonably specific terms: |
|
(1) the nature of the investment, investment plan, or |
|
other action requested in the application and authorized by the |
|
court, including, if applicable, the authority to invest in and |
|
sell securities in accordance with the objectives of the investment |
|
plan; |
|
(2) when an investment must be reviewed and |
|
reconsidered by the guardian; and |
|
(3) whether the guardian must report the guardian's |
|
review and recommendations to the court. |
|
SECTION 19. Chapter 1, Election Code, is amended by adding |
|
Section 1.020 to read as follows: |
|
Sec. 1.020. VOTING DISABILITY OR CANDIDACY |
|
DISQUALIFICATION: DETERMINATION OF MENTAL INCAPACITY. (a) A |
|
person determined to be totally mentally incapacitated by a court |
|
exercising probate jurisdiction is not subject to a voting |
|
disability or candidacy disqualification under this code if, |
|
subsequent to that determination, the person's mental capacity has |
|
been completely restored by a final judgment of a court exercising |
|
probate jurisdiction. |
|
(b) A person determined to be partially mentally |
|
incapacitated without the right to vote by a court exercising |
|
probate jurisdiction is not subject to a voting disability or |
|
candidacy disqualification under this code if, subsequent to that |
|
determination, the person's guardianship has been modified to |
|
include the right to vote or the person's mental capacity has been |
|
completely restored by a final judgment of a court exercising |
|
probate jurisdiction. |
|
SECTION 20. Section 11.002, Election Code, is amended to |
|
read as follows: |
|
Sec. 11.002. QUALIFIED VOTER. In this code, "qualified |
|
voter" means a person who: |
|
(1) is 18 years of age or older; |
|
(2) is a United States citizen; |
|
(3) has not been determined [mentally incompetent] by |
|
a final judgment of a court exercising probate jurisdiction to be: |
|
(A) totally mentally incapacitated; or |
|
(B) partially mentally incapacitated without the |
|
right to vote; |
|
(4) has not been finally convicted of a felony or, if |
|
so convicted, has: |
|
(A) fully discharged the person's sentence, |
|
including any term of incarceration, parole, or supervision, or |
|
completed a period of probation ordered by any court; or |
|
(B) been pardoned or otherwise released from the |
|
resulting disability to vote; |
|
(5) is a resident of this state; and |
|
(6) is a registered voter. |
|
SECTION 21. Section 13.001(a), Election Code, is amended to |
|
read as follows: |
|
(a) To be eligible for registration as a voter in this |
|
state, a person must: |
|
(1) be 18 years of age or older; |
|
(2) be a United States citizen; |
|
(3) not have been determined [mentally incompetent] by |
|
a final judgment of a court exercising probate jurisdiction to be: |
|
(A) totally mentally incapacitated; or |
|
(B) partially mentally incapacitated without the |
|
right to vote; |
|
(4) not have been finally convicted of a felony or, if |
|
so convicted, must have: |
|
(A) fully discharged the person's sentence, |
|
including any term of incarceration, parole, or supervision, or |
|
completed a period of probation ordered by any court; or |
|
(B) been pardoned or otherwise released from the |
|
resulting disability to vote; and |
|
(5) be a resident of the county in which application |
|
for registration is made. |
|
SECTION 22. Section 13.002, Election Code, is amended by |
|
amending Subsection (c) and adding Subsections (e) and (f) to read |
|
as follows: |
|
(c) A registration application must include: |
|
(1) the applicant's first name, middle name, if any, |
|
last name, and former name, if any; |
|
(2) the month, day, and year of the applicant's birth; |
|
(3) a statement that the applicant is a United States |
|
citizen; |
|
(4) a statement that the applicant is a resident of the |
|
county; |
|
(5) a statement that the applicant has not been |
|
determined [mentally incompetent] by a final judgment of a court |
|
exercising probate jurisdiction to be: |
|
(A) totally mentally incapacitated; or |
|
(B) partially mentally incapacitated without the |
|
right to vote; |
|
(6) a statement that the applicant has not been |
|
finally convicted of a felony or that the applicant is a felon |
|
eligible for registration under Section 13.001; |
|
(7) the applicant's residence address or, if the |
|
residence has no address, the address at which the applicant |
|
receives mail and a concise description of the location of the |
|
applicant's residence; |
|
(8) the following information: |
|
(A) the applicant's Texas driver's license number |
|
or the number of a personal identification card issued by the |
|
Department of Public Safety or a statement by the applicant that the |
|
applicant has not been issued a driver's license or personal |
|
identification card; or |
|
(B) if the applicant has not been issued a number |
|
described by Paragraph (A), the last four digits of the applicant's |
|
social security number or a statement by the applicant that the |
|
applicant has not been issued a social security number; |
|
(9) if the application is made by an agent, a statement |
|
of the agent's relationship to the applicant; and |
|
(10) the city and county in which the applicant |
|
formerly resided. |
|
(e) Instead of the statement required by Subsection (c)(5), |
|
an applicant who has been determined to be totally mentally |
|
incapacitated by a court and who is eligible to register because of |
|
Section 1.020(a) shall include in the application a statement that |
|
the person's mental capacity has been completely restored by a |
|
final judgment of a court. |
|
(f) Instead of the statement required by Subsection (c)(5), |
|
an applicant who has been determined to be partially mentally |
|
incapacitated without the right to vote by a court and who is |
|
eligible to register because of Section 1.020(b) shall include in |
|
the application a statement that the person's guardianship has been |
|
modified to include the right to vote or the person's mental |
|
capacity has been completely restored, as applicable, by a final |
|
judgment of a court. |
|
SECTION 23. The heading to Section 16.002, Election Code, |
|
is amended to read as follows: |
|
Sec. 16.002. MENTAL INCAPACITY [INCOMPETENCE]. |
|
SECTION 24. Section 16.002(a), Election Code, is amended to |
|
read as follows: |
|
(a) Each month the clerk of each court having proper |
|
jurisdiction to adjudge a person mentally incapacitated |
|
[incompetent] shall prepare an abstract of each final judgment of a |
|
court served by the clerk, occurring in the month: |
|
(1) [,] adjudging a person 18 years of age or older who |
|
is a resident of the state to be: |
|
(A) totally mentally incapacitated; or |
|
(B) partially mentally incapacitated without the |
|
right to vote; |
|
(2) adjudging the mental capacity of a person 18 years |
|
of age or older who is a resident of this state to be completely |
|
restored; or |
|
(3) modifying the guardianship of a person 18 years of |
|
age or older to include the right to vote [incompetent]. |
|
SECTION 25. Section 16.031(a), Election Code, is amended to |
|
read as follows: |
|
(a) The registrar shall cancel a voter's registration |
|
immediately on receipt of: |
|
(1) notice under Section 13.072(b) or 15.021 or a |
|
response under Section 15.053 that the voter's residence is outside |
|
the county; |
|
(2) an abstract of the voter's death certificate under |
|
Section 16.001(a) or an abstract of an application indicating that |
|
the voter is deceased under Section 16.001(b); |
|
(3) an abstract of a final judgment of the voter's |
|
total mental incapacity, partial mental incapacity without the |
|
right to vote [incompetence], conviction of a felony, or |
|
disqualification under Section 16.002, 16.003, or 16.004; |
|
(4) notice under Section 112.012 that the voter has |
|
applied for a limited ballot in another county; |
|
(5) notice from a voter registration official in |
|
another state that the voter has registered to vote outside this |
|
state; or |
|
(6) notice from the secretary of state that the voter |
|
has registered to vote in another county, as determined by the |
|
voter's driver's license number or personal identification card |
|
number issued by the Department of Public Safety or social security |
|
number. |
|
SECTION 26. Section 141.001(a), Election Code, is amended |
|
to read as follows: |
|
(a) To be eligible to be a candidate for, or elected or |
|
appointed to, a public elective office in this state, a person must: |
|
(1) be a United States citizen; |
|
(2) be 18 years of age or older on the first day of the |
|
term to be filled at the election or on the date of appointment, as |
|
applicable; |
|
(3) have not been determined [mentally incompetent] by |
|
a final judgment of a court exercising probate jurisdiction to be: |
|
(A) totally mentally incapacitated; or |
|
(B) partially mentally incapacitated without the |
|
right to vote; |
|
(4) have not been finally convicted of a felony from |
|
which the person has not been pardoned or otherwise released from |
|
the resulting disabilities; |
|
(5) have resided continuously in the state for 12 |
|
months and in the territory from which the office is elected for six |
|
months immediately preceding the following date: |
|
(A) for a candidate whose name is to appear on a |
|
general primary election ballot, the date of the regular filing |
|
deadline for a candidate's application for a place on the ballot; |
|
(B) for an independent candidate, the date of the |
|
regular filing deadline for a candidate's application for a place |
|
on the ballot; |
|
(C) for a write-in candidate, the date of the |
|
election at which the candidate's name is written in; |
|
(D) for a party nominee who is nominated by any |
|
method other than by primary election, the date the nomination is |
|
made; and |
|
(E) for an appointee to an office, the date the |
|
appointment is made; and |
|
(6) satisfy any other eligibility requirements |
|
prescribed by law for the office. |
|
SECTION 27. Section 141.031, Election Code, is amended to |
|
read as follows: |
|
Sec. 141.031. GENERAL REQUIREMENTS FOR APPLICATION. (a) A |
|
candidate's application for a place on the ballot that is required |
|
by this code must: |
|
(1) be in writing; |
|
(2) be signed and sworn to by the candidate and |
|
indicate the date that the candidate swears to the application; |
|
(3) be timely filed with the appropriate authority; |
|
and |
|
(4) include: |
|
(A) the candidate's name; |
|
(B) the candidate's occupation; |
|
(C) the office sought, including any place number |
|
or other distinguishing number; |
|
(D) an indication of whether the office sought is |
|
to be filled for a full or unexpired term if the office sought and |
|
another office to be voted on have the same title but do not have |
|
place numbers or other distinguishing numbers; |
|
(E) a statement that the candidate is a United |
|
States citizen; |
|
(F) a statement that the candidate has not been |
|
determined [mentally incompetent] by a final judgment of a court |
|
exercising probate jurisdiction to be: |
|
(i) totally mentally incapacitated; or |
|
(ii) partially mentally incapacitated |
|
without the right to vote; |
|
(G) a statement that the candidate has not been |
|
finally convicted of a felony from which the candidate has not been |
|
pardoned or otherwise released from the resulting disabilities; |
|
(H) the candidate's date of birth; |
|
(I) the candidate's residence address or, if the |
|
residence has no address, the address at which the candidate |
|
receives mail and a concise description of the location of the |
|
candidate's residence; |
|
(J) the candidate's length of continuous |
|
residence in the state and in the territory from which the office |
|
sought is elected as of the date the candidate swears to the |
|
application; |
|
(K) the statement: "I, __________, of __________ |
|
County, Texas, being a candidate for the office of __________, |
|
swear that I will support and defend the constitution and laws of |
|
the United States and of the State of Texas"; and |
|
(L) a statement that the candidate is aware of |
|
the nepotism law, Chapter 573, Government Code. |
|
(b) Instead of the statement required by Subsection |
|
(a)(4)(F), a candidate eligible for office because of Section |
|
1.020(a) shall include in the application a statement that the |
|
person's mental capacity has been completely restored by a final |
|
judgment of a court. |
|
(c) Instead of the statement required by Subsection |
|
(a)(4)(F), a candidate eligible for office because of Section |
|
1.020(b) shall include in the application a statement that the |
|
person's guardianship has been modified to include the right to |
|
vote or the person's mental capacity has been completely restored, |
|
as applicable, by a final judgment of a court. |
|
SECTION 28. Section 143.005(b), Election Code, is amended |
|
to read as follows: |
|
(b) If a city charter prescribes the requirements that a |
|
candidate's application must satisfy for the candidate's name to be |
|
placed on the ballot, Section 141.031(a)(4)(L) [141.031(4)(L)] |
|
also applies to the application. The other provisions of Section |
|
141.031 do not apply. |
|
SECTION 29. Section 144.003(b), Election Code, is amended |
|
to read as follows: |
|
(b) If a law outside this code purports to prescribe the |
|
exclusive requirements that a candidate's application must satisfy |
|
for the candidate's name to be placed on the ballot, Section |
|
141.031(a)(4)(L) [141.031(4)(L)] also applies to the application. |
|
The other provisions of Section 141.031 do not apply. |
|
SECTION 30. Section 192.032(b), Election Code, is amended |
|
to read as follows: |
|
(b) An application must: |
|
(1) comply with Section 141.031, except that: |
|
(A) the application is not required to include a |
|
candidate's occupation, length of residence, or statement that the |
|
candidate is aware of the nepotism law; and |
|
(B) the application must contain the applicable |
|
information required by Section 141.031(a)(4) [141.031(4)] with |
|
respect to both the presidential candidate and the running mate; |
|
(2) state the names and residence addresses of |
|
presidential elector candidates in a number equal to the number of |
|
presidential electors that federal law allocates to the state; and |
|
(3) be accompanied by: |
|
(A) a petition that satisfies the requirements |
|
prescribed by Section 141.062; and |
|
(B) written statements signed by the |
|
vice-presidential candidate and each of the presidential elector |
|
candidates indicating that each of them consents to be a candidate. |
|
SECTION 31. Section 822, Texas Probate Code, is repealed. |
|
SECTION 32. (a) Sections 645(f) and 646(e), Texas Probate |
|
Code, as added by this Act, apply only to a guardianship proceeding |
|
for which a court has appointed a guardian ad litem or attorney ad |
|
litem to represent the interests of a person on or after the |
|
effective date of this Act. |
|
(b) The changes in law made by this Act to Section 665A, |
|
Texas Probate Code, apply only to a guardianship proceeding for |
|
which a court has appointed an attorney, mental health |
|
professional, or interpreter to represent the interests of a |
|
person: |
|
(1) on or after the effective date of this Act; or |
|
(2) before the effective date of this Act if the |
|
proceeding is pending on the effective date of this Act. |
|
(c) The changes in law made by this Act to Section 683, Texas |
|
Probate Code, apply only to the appointment of a guardian ad litem |
|
or court investigator made on or after the effective date of this |
|
Act. The appointment of a guardian ad litem or court investigator |
|
made before the effective date of this Act is governed by the law in |
|
effect on the date of appointment, and the former law is continued |
|
in effect for that purpose. |
|
(d) The changes in law made by this Act to Sections 694C, |
|
694G, and 694H, Texas Probate Code, and Section 694L, Texas Probate |
|
Code, as added by this Act, apply only to an application for the |
|
restoration of a ward's capacity or the modification of a ward's |
|
guardianship that is filed on or after the effective date of this |
|
Act. An application for the restoration of a ward's capacity or the |
|
modification of a ward's guardianship 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. |
|
(e) The changes in law made by this Act to Sections 690, 693, |
|
and 855B, Texas Probate Code, apply 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. |
|
(f) The changes in law made by this Act to Sections 695(a) |
|
and 759(f), Texas Probate Code, apply only to an application for the |
|
appointment of a successor guardian filed on or after the effective |
|
date of this Act. An application for the appointment of a successor |
|
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. |
|
(g) The changes in law made by this Act to Section 760, Texas |
|
Probate Code, apply only to an application for resignation filed on |
|
or after the effective date of this Act. An application for |
|
resignation 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 changes in law made by this Act to Section 761(f), |
|
Texas Probate Code, apply only to a motion for the removal of a |
|
guardian made or filed on or after the effective date of this Act. A |
|
motion for the removal of a guardian made or filed before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the motion was made or filed, and the former law is continued |
|
in effect for that purpose. |
|
(i) The changes in law made by this Act to Sections 823, 824, |
|
and 825, Texas Probate Code, apply only to an application for the |
|
sale of real property filed on or after the effective date of this |
|
Act. An application for the sale of real property 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. |
|
(j) The changes in law made by this Act to the Election Code |
|
apply only to an order issued or judgment entered by a court on or |
|
after the effective date of this Act. An order issued or judgment |
|
entered by a court before the effective date of this Act is governed |
|
by the law as it existed immediately before the effective date of |
|
this Act, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 33. This Act takes effect September 1, 2007. |