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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation of attorneys serving as guardians of a |
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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 OF ATTORNEYS SERVING AS GUARDIANS. |
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(a) An attorney who represents a ward in a guardianship matter |
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while serving as the ward's guardian is not entitled to |
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compensation or to receive reimbursement for those services from |
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the ward's estate or other funds available for that purpose unless |
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the attorney files with the court a detailed description of the type |
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of services performed for which the attorney is requesting |
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compensation or reimbursement. |
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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 fiduciary services that are |
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not legal services. |
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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 are covered by the law in effect when the |
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services were performed, and the former law is continued in effect |
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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. |