By: Hinojosa  S.B. No. 1555
         (In the Senate - Filed March 8, 2007; March 20, 2007, read
  first time and referred to Committee on Jurisprudence;
  April 10, 2007, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 5, Nays 0; April 10, 2007,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1555 By:  Wentworth
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to compensation and payment of attorney's fees of
  attorneys serving as guardians of a ward.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subpart H, Part 2, Chapter XIII, Texas Probate
  Code, is amended by adding Section 665D to read as follows:
         Sec. 665D.  COMPENSATION AND PAYMENT OF ATTORNEY'S FEES OF
  ATTORNEYS SERVING AS GUARDIANS.  (a)  An attorney who serves as
  guardian and provides legal services in connection with the
  guardianship is not entitled to compensation for guardianship
  services or payment of attorney's fees from the ward's estate or
  other funds available for that purpose unless the attorney files
  with the court a detailed description of the services performed
  that identifies which of those services are guardianship services
  and which are legal services.
         (b)  An attorney described by Subsection (a) of this section
  is not entitled to attorney's fees for services as guardian that are
  not legal services.
         (c)  Compensation of an attorney described by Subsection (a)
  of this section for guardianship services shall be determined in
  accordance with Section 665 of this code. Payment of attorney's
  fees for legal services provided by an attorney described by
  Subsection (a) of this section shall be determined in accordance
  with Section 666 of this code.
         SECTION 2.  Section 665D, Texas Probate Code, as added by
  this Act, applies only to fees for services performed on or after
  the effective date of this Act.  Fees for services performed before
  the effective date of this Act are covered by the law in effect when
  the services were performed, and the former law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
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