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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a trust for the management of an |
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incapacitated person's estate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 867(b-1), Texas Probate Code, is amended |
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to read as follows: |
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(b-1) On application by an appropriate person as provided by |
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Subsection (a-1) of this section and regardless of whether an |
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application for guardianship has been filed on the alleged |
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incapacitated person's behalf, a proper court exercising probate |
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jurisdiction may enter an order that creates a trust for the |
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management of the estate of an alleged incapacitated person who |
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does not have a guardian if the court, after a hearing, finds that: |
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(1) the person is an incapacitated person; and |
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(2) the creation of the trust is in the incapacitated |
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person's best interests. |
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SECTION 2. (a) The amendment made by this Act to Section |
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867(b-1), Texas Probate Code, is intended to clarify, rather than |
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change, existing law. |
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(b) A court in which an application for the creation of a |
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management trust under Section 867, Texas Probate Code, is pending |
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on the effective date of this Act and that is not a proper court |
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exercising probate jurisdiction, as required by that section, shall |
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transfer the proceeding to a proper court exercising probate |
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jurisdiction. When a proceeding is transferred from one court to |
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another as provided by this subsection, all processes, writs, |
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bonds, recognizances, or other obligations issued from the |
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transferring court are returnable to the court to which the |
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proceeding is transferred as if originally issued by that court. |
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The obligees in all bonds and recognizances taken in and for a court |
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from which a proceeding is transferred, and all witnesses summoned |
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to appear in a court from which a proceeding is transferred, are |
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required to appear before the court to which a proceeding is |
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transferred as if originally required to appear before the court to |
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which the transfer is made. |
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SECTION 3. This Act takes effect September 1, 2007. |