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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of attorney's fees to an attorney |
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representing an applicant for the appointment of a guardian. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 665B, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 665B. PAYMENT OF ATTORNEY'S FEES TO [COMPENSATION OF] |
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CERTAIN ATTORNEYS. (a) A court that creates a guardianship for a |
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ward under this chapter, on request of a person who filed an |
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application to be appointed guardian of the proposed ward or for the |
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appointment of another suitable person as guardian of the proposed |
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ward, may authorize the payment of reasonable and necessary |
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attorney's fees, as determined by the court, to [compensation of] |
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an attorney who represents the person who filed the application at |
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the application hearing, regardless of whether the person is |
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appointed the ward's guardian, from: |
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(1) available funds of the ward's estate; or |
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(2) subject to Subsection (c) of this section, the |
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county treasury if: |
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(A) the ward's estate is insufficient to pay for |
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the services provided by the attorney; and |
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(B) funds in the county treasury are budgeted for |
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that purpose. |
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(b) The court may not authorize attorney's fees |
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[compensation] under this section unless the court finds that the |
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applicant acted in good faith and for just cause in the filing and |
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prosecution of the application. |
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(c) The court may authorize the payment of attorney's fees |
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from the county treasury under Subsection (a) of this section only |
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if the court is satisfied that the attorney to whom the fees will be |
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paid has not received, and is not seeking, payment for the services |
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described by that subsection from any other source. |
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SECTION 2. Section 665B, Texas Probate Code, as amended by |
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this Act, applies only to the payment of attorney's fees with |
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respect to an application for the appointment of a guardian that is |
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filed on or after the effective date of this Act. The payment of |
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attorney's fees with respect to an application for the appointment |
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of a guardian filed before the effective date of this Act is |
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governed by the law in effect on the date the application was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |