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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation and payment of attorney's fees of |
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attorneys serving as guardians of a ward. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subpart H, Part 2, Chapter XIII, Texas Probate |
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Code, is amended by adding Section 665D to read as follows: |
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Sec. 665D. COMPENSATION AND PAYMENT OF ATTORNEY'S FEES OF |
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ATTORNEYS SERVING AS GUARDIANS. (a) An attorney who serves as |
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guardian and provides legal services in connection with the |
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guardianship is not entitled to compensation for guardianship |
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services or payment of attorney's fees from the ward's estate or |
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other funds available for that purpose unless the attorney files |
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with the court a detailed description of the services performed |
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that identifies which of those services are guardianship services |
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and which are legal services. |
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(b) An attorney described by Subsection (a) of this section |
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is not entitled to attorney's fees for services as guardian that are |
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not legal services. |
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(c) Compensation of an attorney described by Subsection (a) |
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of this section for guardianship services shall be determined in |
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accordance with Section 665 of this code. Payment of attorney's |
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fees for legal services provided by an attorney described by |
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Subsection (a) of this section shall be determined in accordance |
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with Section 666 of this code. |
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SECTION 2. Section 665D, Texas Probate Code, as added by |
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this Act, applies only to fees for services performed on or after |
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the effective date of this Act. Fees for services performed before |
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the effective date of this Act are covered by the law in effect when |
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the services were performed, and the former law is continued in |
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effect for that purpose. |
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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. |