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A BILL TO BE ENTITLED
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AN ACT
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relating to payment of the costs for services of a guardian ad litem |
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and attorney ad litem in a guardianship proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 665A, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 665A. PAYMENT FOR PROFESSIONAL SERVICES. (a) The |
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court shall order the payment of a fee set by the court as |
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compensation to the attorneys, mental health professionals, and |
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interpreters appointed under this chapter, as applicable, to be |
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taxed as costs in the case. If after examining the proposed ward's |
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assets the court determines the proposed ward is unable to pay for |
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services provided by an attorney, a mental health professional, or |
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an interpreter appointed under this chapter, as applicable, the |
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county is responsible for the cost of those services, except as |
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provided by Subsection (b) of this section. |
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(b) If the proposed ward's assets are insufficient to pay |
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for the cost of an attorney ad litem appointed under this chapter, |
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the court may order the applicant in the guardianship proceeding to |
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pay that cost. |
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SECTION 2. The heading to Section 669, Texas Probate Code, |
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is amended to read as follows: |
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Sec. 669. COSTS IN [AGAINST] GUARDIANSHIP PROCEEDING |
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GENERALLY. |
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SECTION 3. Section 669, Texas Probate Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (b) of this section, in |
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a guardianship matter, the cost of the proceeding, including the |
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cost of the guardian ad litem or court visitor, shall be paid out of |
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the guardianship estate, or, if the estate is insufficient to pay |
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for the cost of the proceeding, the cost of the proceeding shall be |
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paid out of the county treasury, except as provided by Subsection |
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(c) of this section, and the judgment of the court shall be issued |
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accordingly. |
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(c) If the guardianship estate is insufficient to pay for |
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the cost of the guardian ad litem in a guardianship proceeding, the |
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court may order the applicant in the proceeding to pay that cost. |
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SECTION 4. The changes in law made by this Act apply to a |
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guardianship created before, on, or after the effective date of |
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this Act. |
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SECTION 5. 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, 2011. |