H.B. No. 2759
 
 
 
 
AN ACT
  relating to the nonsubstantive revision of provisions of the Texas
  Probate Code relating to durable powers of attorney, guardianships,
  and other related proceedings and alternatives, and the
  redesignation of certain other provisions of the Texas Probate
  Code, including conforming amendments and repeals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. NONSUBSTANTIVE REVISION OF PROVISIONS RELATING TO
  DURABLE POWERS OF ATTORNEY, GUARDIANSHIPS, AND OTHER RELATED
  PROCEEDINGS AND ALTERNATIVES
         SECTION 1.01.  SUBTITLE P, TITLE 2, ESTATES CODE.  Title 2,
  Estates Code, is amended by adding Subtitle P to read as follows:
  SUBTITLE P. DURABLE POWERS OF ATTORNEY
  CHAPTER 751. GENERAL PROVISIONS REGARDING DURABLE POWERS OF
  ATTORNEY
 
  SUBTITLE P.  DURABLE POWERS OF ATTORNEY
  CHAPTER 751.  GENERAL PROVISIONS REGARDING DURABLE POWERS OF
  ATTORNEY
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 751.001.  SHORT TITLE 
  Sec. 751.002.  DEFINITION OF DURABLE POWER OF ATTORNEY 
  Sec. 751.003.  UNIFORMITY OF APPLICATION AND
                  CONSTRUCTION 
  Sec. 751.004.  DURATION OF DURABLE POWER OF ATTORNEY 
  Sec. 751.005.  EXTENSION OF PRINCIPAL'S AUTHORITY TO
                  OTHER PERSONS 
  Sec. 751.006.  RIGHTS CUMULATIVE 
  [Sections 751.007-751.050 reserved for expansion]
  SUBCHAPTER B. EFFECT OF CERTAIN ACTS ON EXERCISE OF DURABLE POWER
  OF ATTORNEY
  Sec. 751.051.  EFFECT OF ACTS PERFORMED BY ATTORNEY IN
                  FACT OR AGENT DURING PRINCIPAL'S
                  DISABILITY OR INCAPACITY 
  Sec. 751.052.  RELATION OF ATTORNEY IN FACT OR AGENT TO
                  COURT-APPOINTED GUARDIAN OF ESTATE 
  Sec. 751.053.  EFFECT OF PRINCIPAL'S DIVORCE OR
                  MARRIAGE ANNULMENT IF FORMER SPOUSE IS
                  ATTORNEY IN FACT OR AGENT 
  Sec. 751.054.  KNOWLEDGE OF TERMINATION OF POWER;
                  GOOD-FAITH ACTS 
  Sec. 751.055.  AFFIDAVIT REGARDING LACK OF KNOWLEDGE OF
                  TERMINATION OF POWER OR OF DISABILITY
                  OR INCAPACITY; GOOD-FAITH RELIANCE 
  Sec. 751.056.  NONLIABILITY OF THIRD PARTY ON
                  GOOD-FAITH RELIANCE 
  Sec. 751.057.  EFFECT OF BANKRUPTCY PROCEEDING 
  Sec. 751.058.  EFFECT OF REVOCATION OF DURABLE POWER OF
                  ATTORNEY ON THIRD PARTY 
  [Sections 751.059-751.100 reserved for expansion]
  SUBCHAPTER C. DUTY TO INFORM AND ACCOUNT
  Sec. 751.101.  FIDUCIARY DUTIES 
  Sec. 751.102.  DUTY TO TIMELY INFORM PRINCIPAL 
  Sec. 751.103.  MAINTENANCE OF RECORDS 
  Sec. 751.104.  ACCOUNTING 
  Sec. 751.105.  EFFECT OF FAILURE TO COMPLY; SUIT 
  Sec. 751.106.  EFFECT OF SUBCHAPTER ON PRINCIPAL'S
                  RIGHTS 
  [Sections 751.107-751.150 reserved for expansion]
  SUBCHAPTER D. RECORDING DURABLE POWER OF ATTORNEY FOR CERTAIN REAL
  PROPERTY TRANSACTIONS
  Sec. 751.151.  RECORDING FOR REAL PROPERTY TRANSACTIONS
                  REQUIRING EXECUTION AND DELIVERY OF
                  INSTRUMENTS 
  SUBTITLE P.  DURABLE POWERS OF ATTORNEY
  CHAPTER 751.  GENERAL PROVISIONS REGARDING DURABLE POWERS OF
  ATTORNEY
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 751.001.  SHORT TITLE.  This subtitle may be cited as
  the Durable Power of Attorney Act. (Tex. Prob. Code, Sec. 481.)
         Sec. 751.002.  DEFINITION OF DURABLE POWER OF ATTORNEY. A
  "durable power of attorney" means a written instrument that:
               (1)  designates another person as attorney in fact or
  agent;
               (2)  is signed by an adult principal;
               (3)  contains:
                     (A)  the words:
                           (i)  "This power of attorney is not affected
  by subsequent disability or incapacity of the principal"; or
                           (ii)  "This power of attorney becomes
  effective on the disability or incapacity of the principal"; or
                     (B)  words similar to those of Paragraph (A) that
  show the principal's intent that the authority conferred on the
  attorney in fact or agent shall be exercised notwithstanding the
  principal's subsequent disability or incapacity; and
               (4)  is acknowledged by the principal before an officer
  authorized under the laws of this state or another state to:
                     (A)  take acknowledgments to deeds of conveyance;
  and
                     (B)  administer oaths.  (Tex. Prob. Code, Sec.
  482.)
         Sec. 751.003.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.
  This subtitle shall be applied and construed to effect the general
  purpose of this subtitle, which is to make uniform the law with
  respect to the subject of this subtitle among states enacting these
  provisions. (Tex. Prob. Code, Sec. 506.)
         Sec. 751.004.  DURATION OF DURABLE POWER OF ATTORNEY.  A
  durable power of attorney does not lapse because of the passage of
  time unless the instrument creating the power of attorney
  specifically states a time limitation. (Tex. Prob. Code, Sec.
  483.)
         Sec. 751.005.  EXTENSION OF PRINCIPAL'S AUTHORITY TO OTHER
  PERSONS. If, in this subtitle, a principal is given an authority to
  act, that authority includes:
               (1)  any person designated by the principal;
               (2)  a guardian of the estate of the principal; or
               (3)  another personal representative of the principal.
  (Tex. Prob. Code, Sec. 489B(i).)
         Sec. 751.006.  RIGHTS CUMULATIVE.  The rights set out under
  this subtitle are cumulative of any other rights or remedies the
  principal may have at common law or other applicable statutes and
  are not in derogation of those rights. (Tex. Prob. Code, Sec.
  489B(j).)
  [Sections 751.007-751.050 reserved for expansion]
  SUBCHAPTER B. EFFECT OF CERTAIN ACTS ON EXERCISE OF DURABLE POWER
  OF ATTORNEY
         Sec. 751.051.  EFFECT OF ACTS PERFORMED BY ATTORNEY IN FACT
  OR AGENT DURING PRINCIPAL'S DISABILITY OR INCAPACITY.  Each act
  performed by an attorney in fact or agent under a durable power of
  attorney during a period of the principal's disability or
  incapacity has the same effect, and inures to the benefit of and
  binds the principal and the principal's successors in interest, as
  if the principal were not disabled or incapacitated. (Tex. Prob.
  Code, Sec. 484.)
         Sec. 751.052.  RELATION OF ATTORNEY IN FACT OR AGENT TO
  COURT-APPOINTED GUARDIAN OF ESTATE.  (a)  If, after execution of a
  durable power of attorney, a court of the principal's domicile
  appoints a permanent guardian of the estate of the principal, the
  powers of the attorney in fact or agent terminate on the
  qualification of the guardian of the estate. The attorney in fact
  or agent shall:
               (1)  deliver to the guardian of the estate all assets of
  the ward's estate that are in the possession of the attorney in fact
  or agent; and
               (2)  account to the guardian of the estate as the
  attorney in fact or agent would account to the principal if the
  principal had terminated the powers of the attorney in fact or
  agent.
         (b)  If, after execution of a durable power of attorney, a
  court of the principal's domicile appoints a temporary guardian of
  the estate of the principal, the court may suspend the powers of the
  attorney in fact or agent on the qualification of the temporary
  guardian of the estate until the date the term of the temporary
  guardian expires. This subsection may not be construed to prohibit
  the application for or issuance of a temporary restraining order
  under applicable law. (Tex. Prob. Code, Sec. 485.)
         Sec. 751.053.  EFFECT OF PRINCIPAL'S DIVORCE OR MARRIAGE
  ANNULMENT IF FORMER SPOUSE IS ATTORNEY IN FACT OR AGENT.  Unless
  otherwise expressly provided by the durable power of attorney, if,
  after execution of a durable power of attorney, the principal is
  divorced from a person who has been appointed the principal's
  attorney in fact or agent or the principal's marriage to a person
  who has been appointed the principal's attorney in fact or agent is
  annulled, the powers of the attorney in fact or agent granted to the
  principal's former spouse terminate on the date the divorce or
  annulment of marriage is granted by a court.  (Tex. Prob. Code, Sec.
  485A.)
         Sec. 751.054.  KNOWLEDGE OF TERMINATION OF POWER; GOOD-FAITH
  ACTS.  (a)  The revocation by, the death of, or the qualification of
  a guardian of the estate of a principal who has executed a durable
  power of attorney does not revoke or terminate the agency as to the
  attorney in fact, agent, or other person who acts in good faith
  under or in reliance on the power without actual knowledge of the
  termination of the power by:
               (1)  the revocation;
               (2)  the principal's death; or
               (3)  the qualification of a guardian of the estate of
  the principal.
         (b)  The divorce of a principal from a person who has been
  appointed the principal's attorney in fact or agent before the date
  the divorce is granted, or the annulment of the marriage of a
  principal and a person who has been appointed the principal's
  attorney in fact or agent before the date the annulment is granted,
  does not revoke or terminate the agency as to a person other than
  the principal's former spouse if the person acts in good faith under
  or in reliance on the power of attorney.
         (c)  An action taken under this section, unless otherwise
  invalid or unenforceable, binds the principal's successors in
  interest.  (Tex. Prob. Code, Sec. 486.)
         Sec. 751.055.  AFFIDAVIT REGARDING LACK OF KNOWLEDGE OF
  TERMINATION OF POWER OR OF DISABILITY OR INCAPACITY; GOOD-FAITH
  RELIANCE.  (a)  As to an act undertaken in good-faith reliance on a
  durable power of attorney, an affidavit executed by the attorney in
  fact or agent under the durable power of attorney stating that the
  attorney in fact or agent did not have, at the time the power was
  exercised, actual knowledge of the termination of the power by
  revocation, the principal's death, the principal's divorce or the
  annulment of the principal's marriage if the attorney in fact or
  agent was the principal's spouse, or the qualification of a
  guardian of the estate of the principal, is conclusive proof as
  between the attorney in fact or agent and a person other than the
  principal or the principal's personal representative dealing with
  the attorney in fact or agent of the nonrevocation or
  nontermination of the power at that time.
         (b)  As to an act undertaken in good-faith reliance on a
  durable power of attorney, an affidavit executed by the attorney in
  fact or agent under the durable power of attorney stating that the
  principal is disabled or incapacitated, as defined by the power of
  attorney, is conclusive proof as between the attorney in fact or
  agent and a person other than the principal or the principal's
  personal representative dealing with the attorney in fact or agent
  of the principal's disability or incapacity at that time.
         (c)  If the exercise of the power of attorney requires
  execution and delivery of an instrument that is to be recorded, an
  affidavit executed under Subsection (a) or (b), authenticated for
  record, may also be recorded.
         (d)  This section and Section 751.056 do not affect a
  provision in a durable power of attorney for the termination of the
  power by:
               (1)  expiration of time; or
               (2)  the occurrence of an event other than express
  revocation.  (Tex. Prob. Code, Secs. 487(a), (b), (c), (d).)
         Sec. 751.056.  NONLIABILITY OF THIRD PARTY ON GOOD-FAITH
  RELIANCE.  If a durable power of attorney is used, a third party who
  relies in good faith on the acts of an attorney in fact or agent
  performed within the scope of the power of attorney is not liable to
  the principal.  (Tex. Prob. Code, Sec. 487(e).)
         Sec. 751.057.  EFFECT OF BANKRUPTCY PROCEEDING.  (a)  The
  filing of a voluntary or involuntary petition in bankruptcy in
  connection with the debts of a principal who has executed a durable
  power of attorney does not revoke or terminate the agency as to the
  principal's attorney in fact or agent.
         (b)  Any act the attorney in fact or agent may undertake with
  respect to the principal's property is subject to the limitations
  and requirements of the United States Bankruptcy Code (11 U.S.C.
  Section 101 et seq.) until a final determination is made in the
  bankruptcy proceeding. (Tex. Prob. Code, Sec. 487A.)
         Sec. 751.058.  EFFECT OF REVOCATION OF DURABLE POWER OF
  ATTORNEY ON THIRD PARTY.  Unless otherwise provided by the durable
  power of attorney, a revocation of a durable power of attorney is
  not effective as to a third party relying on the power of attorney
  until the third party receives actual notice of the revocation.
  (Tex. Prob. Code, Sec. 488.)
  [Sections 751.059-751.100 reserved for expansion]
  SUBCHAPTER C. DUTY TO INFORM AND ACCOUNT
         Sec. 751.101.  FIDUCIARY DUTIES.  An attorney in fact or
  agent is a fiduciary and has a duty to inform and to account for
  actions taken under the power of attorney. (Tex. Prob. Code, Sec.
  489B(a).)
         Sec. 751.102.  DUTY TO TIMELY INFORM PRINCIPAL. (a)  The
  attorney in fact or agent shall timely inform the principal of each
  action taken under the power of attorney.
         (b)  Failure of an attorney in fact or agent to timely
  inform, as to third parties, does not invalidate any action of the
  attorney in fact or agent.  (Tex. Prob. Code, Sec. 489B(b).)
         Sec. 751.103.  MAINTENANCE OF RECORDS. (a)  The attorney in
  fact or agent shall maintain records of each action taken or
  decision made by the attorney in fact or agent.
         (b)  The attorney in fact or agent shall maintain all records
  until delivered to the principal, released by the principal, or
  discharged by a court.  (Tex. Prob. Code, Secs. 489B(c), (f).)
         Sec. 751.104.  ACCOUNTING.  (a)  The principal may demand an
  accounting by the attorney in fact or agent.
         (b)  Unless otherwise directed by the principal, an
  accounting under Subsection (a) must include:
               (1)  the property belonging to the principal that has
  come to the attorney in fact's or agent's knowledge or into the
  attorney in fact's or agent's possession;
               (2)  each action taken or decision made by the attorney
  in fact or agent;
               (3)  a complete account of receipts, disbursements, and
  other actions of the attorney in fact or agent that includes the
  source and nature of each receipt, disbursement, or action, with
  receipts of principal and income shown separately;
               (4)  a listing of all property over which the attorney
  in fact or agent has exercised control that includes:
                     (A)  an adequate description of each asset; and
                     (B)  the asset's current value, if the value is
  known to the attorney in fact or agent;
               (5)  the cash balance on hand and the name and location
  of the depository at which the cash balance is kept;
               (6)  each known liability; and
               (7)  any other information and facts known to the
  attorney in fact or agent as necessary for a full and definite
  understanding of the exact condition of the property belonging to
  the principal.
         (c)  Unless directed otherwise by the principal, the
  attorney in fact or agent shall also provide to the principal all
  documentation regarding the principal's property. (Tex. Prob.
  Code, Secs. 489B(d), (e).)
         Sec. 751.105.  EFFECT OF FAILURE TO COMPLY; SUIT. If the
  attorney in fact or agent fails or refuses to inform the principal,
  provide documentation, or deliver an accounting under Section
  751.104 within 60 days of a demand under that section, or a longer
  or shorter period as demanded by the principal or ordered by a
  court, the principal may file suit to:
               (1)  compel the attorney in fact or agent to deliver the
  accounting or the assets; or
               (2)  terminate the power of attorney. (Tex. Prob. Code,
  Sec. 489B(g).)
         Sec. 751.106.  EFFECT OF SUBCHAPTER ON PRINCIPAL'S RIGHTS.
  This subchapter does not limit the right of the principal to
  terminate the power of attorney or to make additional requirements
  of or to give additional instructions to the attorney in fact or
  agent. (Tex. Prob. Code, Sec. 489B(h).)
  [Sections 751.107-751.150 reserved for expansion]
  SUBCHAPTER D. RECORDING DURABLE POWER OF ATTORNEY FOR CERTAIN REAL
  PROPERTY TRANSACTIONS
         Sec. 751.151.  RECORDING FOR REAL PROPERTY TRANSACTIONS
  REQUIRING EXECUTION AND DELIVERY OF INSTRUMENTS.  A durable power
  of attorney for a real property transaction requiring the execution
  and delivery of an instrument that is to be recorded, including a
  release, assignment, satisfaction, mortgage, security agreement,
  deed of trust, encumbrance, deed of conveyance, oil, gas, or other
  mineral lease, memorandum of a lease, lien, or other claim or right
  to real property, must be recorded in the office of the county clerk
  of the county in which the property is located.  (Tex. Prob. Code, Sec. 489.)
 
  CHAPTER 752. STATUTORY DURABLE POWER OF ATTORNEY
  SUBCHAPTER A. GENERAL PROVISIONS REGARDING STATUTORY DURABLE POWER
  OF ATTORNEY
  Sec. 752.001.  USE, MEANING, AND EFFECT OF STATUTORY
                  DURABLE POWER OF ATTORNEY 
  Sec. 752.002.  VALIDITY NOT AFFECTED 
  Sec. 752.003.  PRESCRIBED FORM NOT EXCLUSIVE 
  Sec. 752.004.  LEGAL SUFFICIENCY OF STATUTORY DURABLE
                  POWER OF ATTORNEY 
  [Sections 752.005-752.050 reserved for expansion]
  SUBCHAPTER B. FORM OF STATUTORY DURABLE POWER OF ATTORNEY
  Sec. 752.051.  FORM 
  [Sections 752.052-752.100 reserved for expansion]
  SUBCHAPTER C. CONSTRUCTION OF POWERS RELATED TO STATUTORY DURABLE
  POWER OF ATTORNEY
  Sec. 752.101.  CONSTRUCTION IN GENERAL 
  Sec. 752.102.  REAL PROPERTY TRANSACTIONS 
  Sec. 752.103.  TANGIBLE PERSONAL PROPERTY TRANSACTIONS 
  Sec. 752.104.  STOCK AND BOND TRANSACTIONS 
  Sec. 752.105.  COMMODITY AND OPTION TRANSACTIONS 
  Sec. 752.106.  BANKING AND OTHER FINANCIAL INSTITUTION
                  TRANSACTIONS 
  Sec. 752.107.  BUSINESS OPERATION TRANSACTIONS 
  Sec. 752.108.  INSURANCE AND ANNUITY TRANSACTIONS 
  Sec. 752.109.  ESTATE, TRUST, AND OTHER BENEFICIARY
                  TRANSACTIONS 
  Sec. 752.110.  CLAIMS AND LITIGATION 
  Sec. 752.111.  PERSONAL AND FAMILY MAINTENANCE 
  Sec. 752.112.  BENEFITS FROM CERTAIN GOVERNMENTAL
                  PROGRAMS OR CIVIL OR MILITARY SERVICE 
  Sec. 752.113.  RETIREMENT PLAN TRANSACTIONS 
  Sec. 752.114.  TAX MATTERS 
  Sec. 752.115.  EXISTING INTERESTS; FOREIGN INTERESTS 
  CHAPTER 752. STATUTORY DURABLE POWER OF ATTORNEY
  SUBCHAPTER A. GENERAL PROVISIONS REGARDING STATUTORY DURABLE POWER
  OF ATTORNEY
         Sec. 752.001.  USE, MEANING, AND EFFECT OF STATUTORY DURABLE
  POWER OF ATTORNEY. (a)  A person may use a statutory durable power
  of attorney to grant an attorney in fact or agent powers with
  respect to a person's property and financial matters.
         (b)  A power of attorney in substantially the form prescribed
  by Section 752.051 has the meaning and effect prescribed by this
  subtitle. (Tex. Prob. Code, Sec. 490(a) (part).)
         Sec. 752.002.  VALIDITY NOT AFFECTED.  A power of attorney is
  valid with respect to meeting the requirements for a statutory
  durable power of attorney regardless of the fact that:
               (1)  one or more of the categories of optional powers
  listed in the form prescribed by Section 752.051 are struck; or
               (2)  the form includes specific limitations on, or
  additions to, the powers of the attorney in fact or agent. (Tex.
  Prob. Code, Sec. 490(a) (part).)
         Sec. 752.003.  PRESCRIBED FORM NOT EXCLUSIVE. The form
  prescribed by Section 752.051 is not exclusive, and other forms of
  power of attorney may be used. (Tex. Prob. Code, Sec. 490(a)
  (part).)
         Sec. 752.004.  LEGAL SUFFICIENCY OF STATUTORY DURABLE POWER
  OF ATTORNEY.  A statutory durable power of attorney is legally
  sufficient under this subtitle if:
               (1)  the wording of the form complies substantially
  with the wording of the form prescribed by Section 752.051;
               (2)  the form is properly completed; and
               (3)  the signature of the principal is acknowledged.
  (Tex. Prob. Code, Sec. 490(b).)
  [Sections 752.005-752.050 reserved for expansion]
  SUBCHAPTER B. FORM OF STATUTORY DURABLE POWER OF ATTORNEY
         Sec. 752.051.  FORM.  The following form is known as a
  "statutory durable power of attorney":
  STATUTORY DURABLE POWER OF ATTORNEY
  NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
  THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P,
  TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS,
  OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE
  ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU
  MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
         I, __________ (insert your name and address), appoint
  __________ (insert the name and address of the person appointed) as
  my agent (attorney in fact) to act for me in any lawful way with
  respect to all of the following powers except for a power that I
  have crossed out below.
   TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER
  WITHHELD.
         Real property transactions;
         Tangible personal property transactions;
         Stock and bond transactions;
         Commodity and option transactions;
         Banking and other financial institution transactions;
         Business operating transactions;
         Insurance and annuity transactions;
         Estate, trust, and other beneficiary transactions;
         Claims and litigation;
         Personal and family maintenance;
         Benefits from social security, Medicare, Medicaid, or other
  governmental programs or civil or military service;
         Retirement plan transactions;
         Tax matters.
         IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL
  BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY
  AGENT (ATTORNEY IN FACT) SHALL HAVE THE POWER AND AUTHORITY TO
  PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I
  WERE PERSONALLY PRESENT.
  SPECIAL INSTRUCTIONS:
         Special instructions applicable to gifts (initial in front of
  the following sentence to have it apply):
         I grant my agent (attorney in fact) the power to apply my
  property to make gifts, except that the amount of a gift to an
  individual may not exceed the amount of annual exclusions allowed
  from the federal gift tax for the calendar year of the gift.
         ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
  LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
         UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS
  EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
         CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
  ALTERNATIVE NOT CHOSEN:
         (A)  This power of attorney is not affected by my subsequent
  disability or incapacity.
         (B)  This power of attorney becomes effective upon my
  disability or incapacity.
         YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY
  IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
         IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT
  YOU CHOSE ALTERNATIVE (A).
         If Alternative (B) is chosen and a definition of my
  disability or incapacity is not contained in this power of
  attorney, I shall be considered disabled or incapacitated for
  purposes of this power of attorney if a physician certifies in
  writing at a date later than the date this power of attorney is
  executed that, based on the physician's medical examination of me,
  I am mentally incapable of managing my financial affairs. I
  authorize the physician who examines me for this purpose to
  disclose my physical or mental condition to another person for
  purposes of this power of attorney. A third party who accepts this
  power of attorney is fully protected from any action taken under
  this power of attorney that is based on the determination made by a
  physician of my disability or incapacity.
         I agree that any third party who receives a copy of this
  document may act under it. Revocation of the durable power of
  attorney is not effective as to a third party until the third party
  receives actual notice of the revocation. I agree to indemnify the
  third party for any claims that arise against the third party
  because of reliance on this power of attorney.
         If any agent named by me dies, becomes legally disabled,
  resigns, or refuses to act, I name the following (each to act alone
  and successively, in the order named) as successor(s) to that
  agent: __________.
         Signed this ______ day of __________, _____________
                                             ___________________________
                                             (your signature)
  State of _______________________
  County of ______________________
  This document was acknowledged before me on ____________(date) by
  ________________________
  (name of principal)
                                         ______________________________
                                         (signature of notarial officer)
  (Seal, if any, of notary) ________________________________________
                                  (printed name)
                                  My commission expires: ______________
         THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER
  THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
  RESPONSIBILITIES OF AN AGENT. (Tex. Prob. Code, Sec. 490(a)
  (part).)
  [Sections 752.052-752.100 reserved for expansion]
  SUBCHAPTER C. CONSTRUCTION OF POWERS RELATED TO STATUTORY DURABLE
  POWER OF ATTORNEY
         Sec. 752.101.  CONSTRUCTION IN GENERAL.  By executing a
  statutory durable power of attorney that confers authority with
  respect to any class of transactions, the principal empowers the
  attorney in fact or agent for that class of transactions to:
               (1)  demand, receive, and obtain by litigation, action,
  or otherwise any money or other thing of value to which the
  principal is, may become, or may claim to be entitled;
               (2)  conserve, invest, disburse, or use any money or
  other thing of value received on behalf of the principal for the
  purposes intended;
               (3)  contract in any manner with any person, on terms
  agreeable to the attorney in fact or agent, to accomplish a purpose
  of a transaction and perform, rescind, reform, release, or modify
  that contract or another contract made by or on behalf of the
  principal;
               (4)  execute, acknowledge, seal, and deliver a deed,
  revocation, mortgage, lease, notice, check, release, or other
  instrument the attorney in fact or agent considers desirable to
  accomplish a purpose of a transaction;
               (5)  with respect to a claim existing in favor of or
  against the principal:
                     (A)  prosecute, defend, submit to arbitration,
  settle, and propose or accept a compromise; or
                     (B)  intervene in an action or litigation relating
  to the claim;
               (6)  seek on the principal's behalf the assistance of a
  court to carry out an act authorized by the power of attorney;
               (7)  engage, compensate, and discharge an attorney,
  accountant, expert witness, or other assistant;
               (8)  keep appropriate records of each transaction,
  including an accounting of receipts and disbursements;
               (9)  prepare, execute, and file a record, report, or
  other document the attorney in fact or agent considers necessary or
  desirable to safeguard or promote the principal's interest under a
  statute or governmental regulation;
               (10)  reimburse the attorney in fact or agent for an
  expenditure made in exercising the powers granted by the durable
  power of attorney; and
               (11)  in general, perform any other lawful act that the
  principal may perform with respect to the transaction.  (Tex. Prob.
  Code, Sec. 491.)
         Sec. 752.102.  REAL PROPERTY TRANSACTIONS. The language
  conferring authority with respect to real property transactions in
  a statutory durable power of attorney empowers the attorney in fact
  or agent, without further reference to a specific description of
  the real property, to:
               (1)  accept as a gift or as security for a loan or
  reject, demand, buy, lease, receive, or otherwise acquire an
  interest in real property or a right incident to real property;
               (2)  sell, exchange, convey with or without covenants,
  quitclaim, release, surrender, mortgage, encumber, partition or
  consent to partitioning, subdivide, apply for zoning, rezoning, or
  other governmental permits, plat or consent to platting, develop,
  grant options concerning, lease or sublet, or otherwise dispose of
  an estate or interest in real property or a right incident to real
  property;
               (3)  release, assign, satisfy, and enforce by
  litigation, action, or otherwise a mortgage, deed of trust,
  encumbrance, lien, or other claim to real property that exists or is
  claimed to exist;
               (4)  perform any act of management or of conservation
  with respect to an interest in real property, or a right incident to
  real property, owned or claimed to be owned by the principal,
  including the authority to:
                     (A)  insure against a casualty, liability, or
  loss;
                     (B)  obtain or regain possession or protect the
  interest or right by litigation, action, or otherwise;
                     (C)  pay, compromise, or contest taxes or
  assessments or apply for and receive refunds in connection with the
  taxes or assessments;
                     (D)  purchase supplies, hire assistance or labor,
  or make repairs or alterations to the real property; and
                     (E)  manage and supervise an interest in real
  property, including the mineral estate, by, for example:
                           (i)  entering into a lease for oil, gas, and
  mineral purposes;
                           (ii)  making contracts for development of
  the mineral estate; or
                           (iii)  making pooling and unitization
  agreements;
               (5)  use, develop, alter, replace, remove, erect, or
  install structures or other improvements on real property in which
  the principal has or claims to have an estate, interest, or right;
               (6)  participate in a reorganization with respect to
  real property or a legal entity that owns an interest in or right
  incident to real property, receive and hold shares of stock or
  obligations received in a plan or reorganization, and act with
  respect to the shares or obligations, including:
                     (A)  selling or otherwise disposing of the shares
  or obligations;
                     (B)  exercising or selling an option, conversion,
  or similar right with respect to the shares or obligations; and
                     (C)  voting the shares or obligations in person or
  by proxy;
               (7)  change the form of title of an interest in or right
  incident to real property; and
               (8)  dedicate easements or other real property in which
  the principal has or claims to have an interest to public use, with
  or without consideration. (Tex. Prob. Code, Sec. 492.)
         Sec. 752.103.  TANGIBLE PERSONAL PROPERTY TRANSACTIONS. The
  language conferring general authority with respect to tangible
  personal property transactions in a statutory durable power of
  attorney empowers the attorney in fact or agent to:
               (1)  accept tangible personal property or an interest
  in tangible personal property as a gift or as security for a loan or
  reject, demand, buy, receive, or otherwise acquire ownership or
  possession of tangible personal property or an interest in tangible
  personal property;
               (2)  sell, exchange, convey with or without covenants,
  release, surrender, mortgage, encumber, pledge, create a security
  interest in, pawn, grant options concerning, lease or sublet to
  others, or otherwise dispose of tangible personal property or an
  interest in tangible personal property;
               (3)  release, assign, satisfy, or enforce by
  litigation, action, or otherwise a mortgage, security interest,
  encumbrance, lien, or other claim on behalf of the principal, with
  respect to tangible personal property or an interest in tangible
  personal property; and
               (4)  perform an act of management or conservation with
  respect to tangible personal property or an interest in tangible
  personal property on behalf of the principal, including:
                     (A)  insuring the property or interest against
  casualty, liability, or loss;
                     (B)  obtaining or regaining possession or
  protecting the property or interest by litigation, action, or
  otherwise;
                     (C)  paying, compromising, or contesting taxes or
  assessments or applying for and receiving refunds in connection
  with taxes or assessments;
                     (D)  moving the property;
                     (E)  storing the property for hire or on a
  gratuitous bailment; and
                     (F)  using, altering, and making repairs or
  alterations to the property. (Tex. Prob. Code, Sec. 493.)
         Sec. 752.104.  STOCK AND BOND TRANSACTIONS.  The language
  conferring authority with respect to stock and bond transactions in
  a statutory durable power of attorney empowers the attorney in fact
  or agent to:
               (1)  buy, sell, and exchange:
                     (A)  stocks;
                     (B)  bonds;
                     (C)  mutual funds; and
                     (D)  all other types of securities and financial
  instruments other than commodity futures contracts and call and put
  options on stocks and stock indexes;
               (2)  receive certificates and other evidences of
  ownership with respect to securities;
               (3)  exercise voting rights with respect to securities
  in person or by proxy;
               (4)  enter into voting trusts; and
               (5)  consent to limitations on the right to vote. (Tex.
  Prob. Code, Sec. 494.)
         Sec. 752.105.  COMMODITY AND OPTION TRANSACTIONS.  The
  language conferring authority with respect to commodity and option
  transactions in a statutory durable power of attorney empowers the
  attorney in fact or agent to:
               (1)  buy, sell, exchange, assign, settle, and exercise
  commodity futures contracts and call and put options on stocks and
  stock indexes traded on a regulated options exchange; and
               (2)  establish, continue, modify, or terminate option
  accounts with a broker. (Tex. Prob. Code, Sec. 495.)
         Sec. 752.106.  BANKING AND OTHER FINANCIAL INSTITUTION
  TRANSACTIONS. The language conferring authority with respect to
  banking and other financial institution transactions in a statutory
  durable power of attorney empowers the attorney in fact or agent to:
               (1)  continue, modify, or terminate an account or other
  banking arrangement made by or on behalf of the principal;
               (2)  establish, modify, or terminate an account or
  other banking arrangement with a bank, trust company, savings and
  loan association, credit union, thrift company, brokerage firm, or
  other financial institution selected by the attorney in fact or
  agent;
               (3)  rent a safe deposit box or space in a vault;
               (4)  contract to procure other services available from
  a financial institution as the attorney in fact or agent considers
  desirable;
               (5)  withdraw by check, order, or otherwise money or
  property of the principal deposited with or left in the custody of a
  financial institution;
               (6)  receive bank statements, vouchers, notices, or
  similar documents from a financial institution and act with respect
  to those documents;
               (7)  enter a safe deposit box or vault and withdraw from
  or add to its contents;
               (8)  borrow money at an interest rate agreeable to the
  attorney in fact or agent and pledge as security the principal's
  property as necessary to borrow, pay, renew, or extend the time of
  payment of a debt of the principal;
               (9)  make, assign, draw, endorse, discount, guarantee,
  and negotiate promissory notes, bills of exchange, checks, drafts,
  or other negotiable or nonnegotiable paper of the principal, or
  payable to the principal or the principal's order to receive the
  cash or other proceeds of those transactions, to accept a draft
  drawn by a person on the principal, and to pay the principal when
  due;
               (10)  receive for the principal and act on a sight
  draft, warehouse receipt, or other negotiable or nonnegotiable
  instrument;
               (11)  apply for and receive letters of credit, credit
  cards, and traveler's checks from a financial institution and give
  an indemnity or other agreement in connection with letters of
  credit; and
               (12)  consent to an extension of the time of payment
  with respect to commercial paper or a financial transaction with a
  financial institution. (Tex. Prob. Code, Sec. 496.)
         Sec. 752.107.  BUSINESS OPERATION TRANSACTIONS. The
  language conferring authority with respect to business operating
  transactions in a statutory durable power of attorney empowers the
  attorney in fact or agent to:
               (1)  operate, buy, sell, enlarge, reduce, or terminate
  a business interest;
               (2)  do the following, to the extent that an attorney in
  fact or agent is permitted by law to act for a principal and subject
  to the terms of a partnership agreement:
                     (A)  perform a duty, discharge a liability, or
  exercise a right, power, privilege, or option that the principal
  has, may have, or claims to have under the partnership agreement,
  whether or not the principal is a general or limited partner;
                     (B)  enforce the terms of the partnership
  agreement by litigation, action, or otherwise; and
                     (C)  defend, submit to arbitration, settle, or
  compromise litigation or an action to which the principal is a party
  because of membership in the partnership;
               (3)  exercise in person or by proxy, or enforce by
  litigation, action, or otherwise, a right, power, privilege, or
  option the principal has or claims to have as the holder of a bond,
  share, or other similar instrument and defend, submit to
  arbitration, settle, or compromise a legal proceeding to which the
  principal is a party because of a bond, share, or similar
  instrument;
               (4)  with respect to a business owned solely by the
  principal:
                     (A)  continue, modify, renegotiate, extend, and
  terminate a contract made before execution of the power of attorney
  with an individual, legal entity, firm, association, or corporation
  by or on behalf of the principal with respect to the business;
                     (B)  determine:
                           (i)  the location of the business's
  operation;
                           (ii)  the nature and extent of the business;
                           (iii)  the methods of manufacturing,
  selling, merchandising, financing, accounting, and advertising
  employed in the business's operation;
                           (iv)  the amount and types of insurance
  carried; and
                           (v)  the method of engaging, compensating,
  and dealing with the business's accountants, attorneys, and other
  agents and employees;
                     (C)  change the name or form of organization under
  which the business is operated and enter into a partnership
  agreement with other persons or organize a corporation to take over
  all or part of the operation of the business; and
                     (D)  demand and receive money due or claimed by
  the principal or on the principal's behalf in the operation of the
  business and control and disburse the money in the operation of the
  business;
               (5)  put additional capital into a business in which
  the principal has an interest;
               (6)  join in a plan of reorganization, consolidation,
  or merger of the business;
               (7)  sell or liquidate a business or part of the
  business at the time and on the terms that the attorney in fact or
  agent considers desirable;
               (8)  establish the value of a business under a buy-out
  agreement to which the principal is a party;
               (9)  do the following:
                     (A)  prepare, sign, file, and deliver reports,
  compilations of information, returns, or other papers with respect
  to a business:
                           (i)  that are required by a governmental
  agency, department, or instrumentality; or
                           (ii)  that the attorney in fact or agent
  considers desirable; and
                     (B)  make related payments; and
               (10)  pay, compromise, or contest taxes or assessments
  and perform any other act that the attorney in fact or agent
  considers desirable to protect the principal from illegal or
  unnecessary taxation, fines, penalties, or assessments with
  respect to a business, including attempts to recover, in any manner
  permitted by law, money paid before or after the execution of the
  power of attorney. (Tex. Prob. Code, Sec. 497.)
         Sec. 752.108.  INSURANCE AND ANNUITY TRANSACTIONS.  (a) The
  language conferring authority with respect to insurance and annuity
  transactions in a statutory durable power of attorney empowers the
  attorney in fact or agent to:
               (1)  continue, pay the premium or assessment on,
  modify, rescind, release, or terminate a contract procured by or on
  behalf of the principal that insures or provides an annuity to
  either the principal or another person, whether or not the
  principal is a beneficiary under the contract;
               (2)  procure new, different, or additional insurance
  contracts and annuities for the principal or the principal's
  spouse, children, and other dependents and select the amount, type
  of insurance or annuity, and method of payment;
               (3)  pay the premium or assessment on, or modify,
  rescind, release, or terminate, an insurance contract or annuity
  procured by the attorney in fact or agent;
               (4)  designate the beneficiary of the insurance
  contract, except as provided by Subsection (b);
               (5)  apply for and receive a loan on the security of the
  insurance contract or annuity;
               (6)  surrender and receive the cash surrender value;
               (7)  exercise an election;
               (8)  change the manner of paying premiums;
               (9)  change or convert the type of insurance contract
  or annuity with respect to which the principal has or claims to have
  a power described by this section;
               (10)  change the beneficiary of an insurance contract
  or annuity, except that the attorney in fact or agent may be
  designated a beneficiary only to the extent authorized by
  Subsection (b);
               (11)  apply for and procure government aid to guarantee
  or pay premiums of an insurance contract on the life of the
  principal;
               (12)  collect, sell, assign, borrow on, or pledge the
  principal's interest in an insurance contract or annuity; and
               (13)  pay from proceeds or otherwise, compromise or
  contest, or apply for refunds in connection with a tax or assessment
  imposed by a taxing authority with respect to an insurance contract
  or annuity or the proceeds of the contract or annuity or liability
  accruing because of the tax or assessment.
         (b)  An attorney in fact or agent may be named a beneficiary
  of an insurance contract or an extension, renewal, or substitute
  for the contract only to the extent the attorney in fact or agent
  was named as a beneficiary under a contract procured by the
  principal before executing the power of attorney.  (Tex. Prob.
  Code, Sec. 498.)
         Sec. 752.109.  ESTATE, TRUST, AND OTHER BENEFICIARY
  TRANSACTIONS. The language conferring authority with respect to
  estate, trust, and other beneficiary transactions in a statutory
  durable power of attorney empowers the attorney in fact or agent to
  act for the principal in all matters that affect a trust, probate
  estate, guardianship, conservatorship, escrow, custodianship, or
  other fund from which the principal is, may become, or claims to be
  entitled, as a beneficiary, to a share or payment, including to:
               (1)  accept, reject, disclaim, receive, receipt for,
  sell, assign, release, pledge, exchange, or consent to a reduction
  in or modification of a share in or payment from the fund;
               (2)  demand or obtain by litigation, action, or
  otherwise money or any other thing of value to which the principal
  is, may become, or claims to be entitled because of the fund;
               (3)  initiate, participate in, or oppose a legal or
  judicial proceeding to:
                     (A)  ascertain the meaning, validity, or effect of
  a deed, will, declaration of trust, or other instrument or
  transaction affecting the interest of the principal; or
                     (B)  remove, substitute, or surcharge a
  fiduciary;
               (4)  conserve, invest, disburse, or use anything
  received for an authorized purpose; and
               (5)  transfer all or part of the principal's interest in
  real property, stocks, bonds, accounts with financial
  institutions, insurance, and other property to the trustee of a
  revocable trust created by the principal as settlor. (Tex. Prob.
  Code, Sec. 499.)
         Sec. 752.110.  CLAIMS AND LITIGATION. The language
  conferring general authority with respect to claims and litigation
  in a statutory durable power of attorney empowers the attorney in
  fact or agent to:
               (1)  assert and prosecute before a court or
  administrative agency a claim, a claim for relief, a counterclaim,
  or an offset, or defend against an individual, a legal entity, or a
  government, including an action to:
                     (A)  recover property or other thing of value;
                     (B)  recover damages sustained by the principal;
                     (C)  eliminate or modify tax liability; or
                     (D)  seek an injunction, specific performance, or
  other relief;
               (2)  bring an action to determine an adverse claim,
  intervene in an action or litigation, and act as an amicus curiae;
               (3)  in connection with an action or litigation:
                     (A)  procure an attachment, garnishment, libel,
  order of arrest, or other preliminary, provisional, or intermediate
  relief and use an available procedure to effect or satisfy a
  judgment, order, or decree; and
                     (B)  perform any lawful act the principal could
  perform, including:
                           (i)  acceptance of tender;
                           (ii)  offer of judgment;
                           (iii)  admission of facts;
                           (iv)  submission of a controversy on an
  agreed statement of facts;
                           (v)  consent to examination before trial;
  and
                           (vi)  binding of the principal in
  litigation;
               (4)  submit to arbitration, settle, and propose or
  accept a compromise with respect to a claim or litigation;
               (5)  waive the issuance and service of process on the
  principal, accept service of process, appear for the principal,
  designate persons on whom process directed to the principal may be
  served, execute and file or deliver stipulations on the principal's
  behalf, verify pleadings, seek appellate review, procure and give
  surety and indemnity bonds, contract and pay for the preparation
  and printing of records and briefs, or receive and execute and file
  or deliver a consent, waiver, release, confession of judgment,
  satisfaction of judgment, notice, agreement, or other instrument in
  connection with the prosecution, settlement, or defense of a claim
  or litigation;
               (6)  act for the principal regarding voluntary or
  involuntary bankruptcy or insolvency proceedings concerning:
                     (A)  the principal; or
                     (B)  another person, with respect to a
  reorganization proceeding or a receivership or application for the
  appointment of a receiver or trustee that affects the principal's
  interest in property or other thing of value; and
               (7)  pay a judgment against the principal or a
  settlement made in connection with a claim or litigation and
  receive and conserve money or other thing of value paid in
  settlement of or as proceeds of a claim or litigation. (Tex. Prob.
  Code, Sec. 500.)
         Sec. 752.111.  PERSONAL AND FAMILY MAINTENANCE.  The
  language conferring authority with respect to personal and family
  maintenance in a statutory durable power of attorney empowers the
  attorney in fact or agent to:
               (1)  perform the acts necessary to maintain the
  customary standard of living of the principal, the principal's
  spouse and children, and other individuals customarily or legally
  entitled to be supported by the principal, including:
                     (A)  providing living quarters by purchase,
  lease, or other contract; or
                     (B)  paying the operating costs, including
  interest, amortization payments, repairs, and taxes on premises
  owned by the principal and occupied by those individuals;
               (2)  provide for the individuals described by
  Subdivision (1):
                     (A)  normal domestic help;
                     (B)  usual vacations and travel expenses; and
                     (C)  money for shelter, clothing, food,
  appropriate education, and other living costs;
               (3)  pay necessary medical, dental, and surgical care,
  hospitalization, and custodial care for the individuals described
  by Subdivision (1);
               (4)  continue any provision made by the principal for
  the individuals described by Subdivision (1) for automobiles or
  other means of transportation, including registering, licensing,
  insuring, and replacing the automobiles or other means of
  transportation;
               (5)  maintain or open charge accounts for the
  convenience of the individuals described by Subdivision (1) and
  open new accounts the attorney in fact or agent considers desirable
  to accomplish a lawful purpose; and
               (6)  continue:
                     (A)  payments incidental to the membership or
  affiliation of the principal in a church, club, society, order, or
  other organization; or
                     (B)  contributions to those organizations. (Tex.
  Prob. Code, Sec. 501.)
         Sec. 752.112.  BENEFITS FROM CERTAIN GOVERNMENTAL PROGRAMS
  OR CIVIL OR MILITARY SERVICE. The language conferring authority
  with respect to benefits from social security, Medicare, Medicaid,
  or other governmental programs or civil or military service in a
  statutory durable power of attorney empowers the attorney in fact
  or agent to:
               (1)  execute a voucher in the principal's name for an
  allowance or reimbursement payable by the United States, a foreign
  government, or a state or subdivision of a state to the principal,
  including an allowance or reimbursement for:
                     (A)  transportation of the individuals described
  by Section 752.111(1); and
                     (B)  shipment of the household effects of those
  individuals;
               (2)  take possession and order the removal and shipment
  of the principal's property from a post, warehouse, depot, dock, or
  other governmental or private place of storage or safekeeping and
  execute and deliver a release, voucher, receipt, bill of lading,
  shipping ticket, certificate, or other instrument for that purpose;
               (3)  prepare, file, and prosecute a claim of the
  principal for a benefit or assistance, financial or otherwise, to
  which the principal claims to be entitled under a statute or
  governmental regulation;
               (4)  prosecute, defend, submit to arbitration, settle,
  and propose or accept a compromise with respect to any benefits the
  principal may be entitled to receive; and
               (5)  receive the financial proceeds of a claim of the
  type described by this section and conserve, invest, disburse, or
  use anything received for a lawful purpose. (Tex. Prob. Code, Sec.
  502.)
         Sec. 752.113.  RETIREMENT PLAN TRANSACTIONS.  (a) In this
  section, "retirement plan" means:
               (1)  an employee pension benefit plan as defined by
  Section 3, Employee Retirement Income Security Act of 1974 (29
  U.S.C. Section 1002), without regard to the provisions of Section
  (2)(B) of that section;
               (2)  a plan that does not meet the definition of an
  employee benefit plan under the Employee Retirement Income Security
  Act of 1974 (29 U.S.C. Section 1001 et seq.) because the plan does
  not cover common law employees;
               (3)  a plan that is similar to an employee benefit plan
  under the Employee Retirement Income Security Act of 1974 (29
  U.S.C. Section 1001 et seq.), regardless of whether the plan is
  covered by Title 1 of that Act, including a plan that provides death
  benefits to the beneficiary of employees; and
               (4)  an individual retirement account or annuity, a
  self-employed pension plan, or a similar plan or account.
         (b)  The language conferring authority with respect to
  retirement plan transactions in a statutory durable power of
  attorney empowers the attorney in fact or agent to perform any
  lawful act the principal may perform with respect to a transaction
  relating to a retirement plan, including to:
               (1)  apply for service or disability retirement
  benefits;
               (2)  select payment options under any retirement plan
  in which the principal participates, including plans for
  self-employed individuals;
               (3)  designate or change the designation of a
  beneficiary or benefits payable by a retirement plan, except as
  provided by Subsection (c);
               (4)  make voluntary contributions to retirement plans
  if authorized by the plan;
               (5)  exercise the investment powers available under any
  self-directed retirement plan;
               (6)  make rollovers of plan benefits into other
  retirement plans;
               (7)  borrow from, sell assets to, and purchase assets
  from retirement plans if authorized by the plan;
               (8)  waive the principal's right to be a beneficiary of
  a joint or survivor annuity if the principal is a spouse who is not
  employed;
               (9)  receive, endorse, and cash payments from a
  retirement plan;
               (10)  waive the principal's right to receive all or a
  portion of benefits payable by a retirement plan; and
               (11)  request and receive information relating to the
  principal from retirement plan records.
         (c)  An attorney in fact or agent may be named a beneficiary
  under a retirement plan only to the extent the attorney in fact or
  agent was a named beneficiary under the retirement plan before the
  durable power of attorney was executed. (Tex. Prob. Code, Sec.
  503.)
         Sec. 752.114.  TAX MATTERS. The language conferring
  authority with respect to tax matters in a statutory durable power
  of attorney empowers the attorney in fact or agent to:
               (1)  prepare, sign, and file:
                     (A)  federal, state, local, and foreign income,
  gift, payroll, Federal Insurance Contributions Act (26 U.S.C.
  Chapter 21), and other tax returns;
                     (B)  claims for refunds;
                     (C)  requests for extensions of time;
                     (D)  petitions regarding tax matters; and
                     (E)  any other tax-related documents, including:
                           (i)  receipts;
                           (ii)  offers;
                           (iii)  waivers;
                           (iv)  consents, including consents and
  agreements under Section 2032A, Internal Revenue Code of 1986 (26
  U.S.C. Section 2032A);
                           (v)  closing agreements; and
                           (vi)  any power of attorney form required by
  the Internal Revenue Service or other taxing authority with respect
  to a tax year on which the statute of limitations has not run and 25
  tax years following that tax year;
               (2)  pay taxes due, collect refunds, post bonds,
  receive confidential information, and contest deficiencies
  determined by the Internal Revenue Service or other taxing
  authority;
               (3)  exercise any election available to the principal
  under federal, state, local, or foreign tax law; and
               (4)  act for the principal in all tax matters, for all
  periods, before the Internal Revenue Service and any other taxing
  authority. (Tex. Prob. Code, Sec. 504.)
         Sec. 752.115.  EXISTING INTERESTS; FOREIGN INTERESTS.  The
  powers described by Sections 752.102-752.114 may be exercised
  equally with respect to an interest the principal has at the time
  the durable power of attorney is executed or acquires later,
  whether or not:
               (1)  the property is located in this state; or
               (2)  the powers are exercised or the durable power of
  attorney is executed in this state. (Tex. Prob. Code, Sec. 505.)
         SECTION 1.02.  TITLE 3, ESTATES CODE. The Estates Code is
  amended by adding Title 3 to read as follows:
  TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
  SUBTITLE A. GENERAL PROVISIONS
  CHAPTER 1001. PURPOSE AND CONSTRUCTION
  CHAPTER 1002. DEFINITIONS
  [Chapters 1003-1030 reserved for expansion]
  SUBTITLE B. SCOPE, JURISDICTION, AND VENUE
  [Chapters 1031-1050 reserved]
  SUBTITLE C. PROCEDURAL MATTERS
  CHAPTER 1051. NOTICES AND PROCESS IN GUARDIANSHIP PROCEEDINGS IN
  GENERAL
  CHAPTER 1052. FILING AND RECORDKEEPING
  CHAPTER 1053. OTHER COURT DUTIES AND PROCEDURES
  CHAPTER 1054. COURT OFFICERS AND COURT-APPOINTED PERSONS
  CHAPTER 1055. TRIAL AND HEARING MATTERS
  CHAPTER 1056. EXECUTION, ATTACHMENT, AND BILL OF REVIEW
  CHAPTER 1057. CHANGE AND RESIGNATION OF RESIDENT AGENT OF GUARDIAN
  FOR SERVICE OF PROCESS
  [Chapters 1058-1100 reserved for expansion]
  SUBTITLE D. CREATION OF GUARDIANSHIP
  CHAPTER 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN
  CHAPTER 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN
  CHAPTER 1103. PROCEDURE TO APPOINT GUARDIAN FOR CERTAIN MINORS
  REQUIRING GUARDIANSHIPS AS ADULTS
  CHAPTER 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN
  CHAPTER 1105. QUALIFICATION OF GUARDIANS
  CHAPTER 1106. LETTERS OF GUARDIANSHIP
  [Chapters 1107-1150 reserved for expansion]
  SUBTITLE E. ADMINISTRATION OF GUARDIANSHIP
  CHAPTER 1151. RIGHTS, POWERS, AND DUTIES UNDER GUARDIANSHIP
  CHAPTER 1152. GUARDIANSHIP PENDING APPEAL OF APPOINTMENT
  CHAPTER 1153. NOTICE TO CLAIMANTS
  CHAPTER 1154. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
  CHAPTER 1155. COMPENSATION, EXPENSES, AND COURT COSTS
  CHAPTER 1156. EDUCATION AND MAINTENANCE ALLOWANCES PAID FROM WARD'S
  ESTATE
  CHAPTER 1157. PRESENTMENT AND PAYMENT OF CLAIMS
  CHAPTER 1158. SALE OR PARTITION OF WARD'S PROPERTY
  CHAPTER 1159. RENTING ESTATE PROPERTY
  CHAPTER 1160. MATTERS RELATING TO MINERAL PROPERTIES
  CHAPTER 1161. INVESTMENTS AND LOANS OF ESTATES OF WARDS
  CHAPTER 1162. TAX-MOTIVATED AND CHARITABLE AND NONPROFIT GIFTS
  CHAPTER 1163. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
  CHAPTER 1164. LIABILITY OF GUARDIAN OR GUARDIANSHIP PROGRAM
  [Chapters 1165-1200 reserved for expansion]
  SUBTITLE F. EVALUATION, MODIFICATION, OR TERMINATION OF
  GUARDIANSHIP
  CHAPTER 1201. EVALUATION OF GUARDIANSHIP
  CHAPTER 1202. MODIFICATION OR TERMINATION OF GUARDIANSHIP
  CHAPTER 1203. RESIGNATION, REMOVAL, OR DEATH OF GUARDIAN;
  APPOINTMENT OF SUCCESSOR
  CHAPTER 1204. FINAL SETTLEMENT, ACCOUNTING, AND DISCHARGE
  [Chapters 1205-1250 reserved for expansion]
  SUBTITLE G. SPECIAL TYPES OF GUARDIANSHIPS
  CHAPTER 1251. TEMPORARY GUARDIANSHIPS
  CHAPTER 1252. GUARDIANSHIPS FOR NONRESIDENT WARDS
  CHAPTER 1253. INTERSTATE GUARDIANSHIPS
  [Chapters 1254-1300 reserved for expansion]
  SUBTITLE H. COURT-AUTHORIZED TRUSTS AND ACCOUNTS
  CHAPTER 1301. MANAGEMENT TRUSTS
  CHAPTER 1302. POOLED TRUST SUBACCOUNTS
  [Chapters 1303-1350 reserved for expansion]
  SUBTITLE I. OTHER SPECIAL PROCEEDINGS AND ALTERNATIVES TO
  GUARDIANSHIP
  CHAPTER 1351. SALE OF PROPERTY OF CERTAIN INCAPACITATED PERSONS
  CHAPTER 1352. MORTGAGE OF MINOR'S INTEREST IN RESIDENCE HOMESTEAD
  CHAPTER 1353. MANAGEMENT AND CONTROL OF INCAPACITATED SPOUSE'S
  PROPERTY
  CHAPTER 1354. RECEIVERSHIP FOR ESTATES OF CERTAIN INCAPACITATED
  PERSONS
  CHAPTER 1355. PAYMENT OF CERTAIN CLAIMS WITHOUT GUARDIANSHIP
  CHAPTER 1356. COURT APPROVAL OF CERTAIN ARTS AND ENTERTAINMENT,
  ADVERTISEMENT, AND SPORTS CONTRACTS
  [Subtitles J-X reserved for expansion]
  SUBTITLE Y. TEXAS PROBATE CODE: SCOPE, JURISDICTION, AND VENUE
  PART 1. GENERAL PROVISIONS
  SUBPART A. PROCEEDINGS IN REM
  [Reserved for expansion]
  PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS
  SUBPART A. JURISDICTION
  [Reserved for expansion]
  SUBPART B. VENUE
  [Reserved for expansion]
  SUBPART C. DUTIES AND RECORDS OF CLERK
  [Reserved for expansion]
  SUBTITLE Z. TEXAS PROBATE CODE: ADDITIONAL GUARDIANSHIP PROVISIONS
  PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS
  SUBPART H. COMPENSATION, EXPENSES, AND COURT COSTS
  [Reserved for expansion]
  TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
 
  CHAPTER 1001. PURPOSE AND CONSTRUCTION
  Sec. 1001.001.  POLICY; PURPOSE OF GUARDIANSHIP 
  Sec. 1001.002.  LAWS APPLICABLE TO GUARDIANSHIPS 
  Sec. 1001.003.  REFERENCES IN LAW MEANING INCAPACITATED
                   PERSON 
  CHAPTER 1001. PURPOSE AND CONSTRUCTION
         Sec. 1001.001.  POLICY; PURPOSE OF GUARDIANSHIP. (a)  A
  court may appoint a guardian with either full or limited authority
  over an incapacitated person as indicated by the incapacitated
  person's actual mental or physical limitations and only as
  necessary to promote and protect the well-being of the
  incapacitated person.
         (b)  In creating a guardianship that gives a guardian limited
  authority over an incapacitated person, the court shall design the
  guardianship to encourage the development or maintenance of maximum
  self-reliance and independence in the incapacitated person. (Tex.
  Prob. Code, Sec. 602 (part).)
         Sec. 1001.002.  LAWS APPLICABLE TO GUARDIANSHIPS.  To the
  extent applicable and not inconsistent with other provisions of
  this code, the laws and rules governing estates of decedents apply
  to guardianships. (Tex. Prob. Code, Sec. 603(a).)
         Sec. 1001.003.  REFERENCES IN LAW MEANING INCAPACITATED
  PERSON. In this code or any other law, a reference to any of the
  following means an incapacitated person:
               (1)  a person who is mentally, physically, or legally
  incompetent;
               (2)  a person who is judicially declared incompetent;
               (3)  an incompetent or an incompetent person;
               (4)  a person of unsound mind; or
               (5)  a habitual drunkard. (Tex. Prob. Code, Sec. 603(b).)
 
  CHAPTER 1002.  DEFINITIONS
  Sec. 1002.001.  APPLICABILITY OF DEFINITIONS 
  Sec. 1002.002.  ATTORNEY AD LITEM 
  Sec. 1002.003.  AUTHORIZED CORPORATE SURETY 
  Sec. 1002.004.  CHILD 
  Sec. 1002.005.  CLAIM 
  Sec. 1002.006.  COMMUNITY ADMINISTRATOR 
  Sec. 1002.007.  CORPORATE FIDUCIARY 
  Sec. 1002.008.  COURT; PROBATE COURT; STATUTORY PROBATE
                   COURT 
  Sec. 1002.009.  COURT INVESTIGATOR 
  Sec. 1002.010.  ESTATE; GUARDIANSHIP ESTATE 
  Sec. 1002.011.  EXEMPT PROPERTY 
  Sec. 1002.012.  GUARDIAN 
  Sec. 1002.013.  GUARDIAN AD LITEM 
  Sec. 1002.014.  GUARDIANSHIP CERTIFICATION BOARD 
  Sec. 1002.015.  GUARDIANSHIP MATTER; GUARDIANSHIP
                   PROCEEDING; PROCEEDINGS IN
                   GUARDIANSHIP; PROCEEDINGS FOR
                   GUARDIANSHIP 
  Sec. 1002.016.  GUARDIANSHIP PROGRAM 
  Sec. 1002.017.  INCAPACITATED PERSON 
  Sec. 1002.018.  INTERESTED PERSON; PERSON INTERESTED 
  Sec. 1002.019.  MINOR 
  Sec. 1002.020.  MORTGAGE; LIEN 
  Sec. 1002.021.  NEXT OF KIN 
  Sec. 1002.022.  PARENT 
  Sec. 1002.023.  PERSON 
  Sec. 1002.024.  PERSONAL PROPERTY 
  Sec. 1002.025.  PRIVATE PROFESSIONAL GUARDIAN 
  Sec. 1002.026.  PROPOSED WARD 
  Sec. 1002.027.  REAL PROPERTY 
  Sec. 1002.028.  REPRESENTATIVE; PERSONAL REPRESENTATIVE 
  Sec. 1002.029.  SURETY 
  Sec. 1002.030.  WARD 
  CHAPTER 1002.  DEFINITIONS
         Sec. 1002.001.  APPLICABILITY OF DEFINITIONS. The
  definition for a term provided by this chapter applies in this
  title. (Tex. Prob. Code, Sec. 601 (part).)
         Sec. 1002.002.  ATTORNEY AD LITEM. "Attorney ad litem"
  means an attorney appointed by a court to represent and advocate on
  behalf of a proposed ward, an incapacitated person, or an unborn
  person in a guardianship proceeding. (Tex. Prob. Code, Sec.
  601(1).)
         Sec. 1002.003.  AUTHORIZED CORPORATE SURETY. "Authorized
  corporate surety" means a domestic or foreign corporation
  authorized to engage in business in this state to issue surety,
  guaranty, or indemnity bonds that guarantee the fidelity of a
  guardian. (Tex. Prob. Code, Sec. 601(2).)
         Sec. 1002.004.  CHILD. "Child" includes a biological child
  and an adopted child, regardless of whether the child was adopted by
  a parent under a statutory procedure or by acts of estoppel. (Tex.
  Prob. Code, Sec. 601(3).)
         Sec. 1002.005.  CLAIM.  "Claim" includes:
               (1)  a liability against the estate of an incapacitated
  person; and
               (2)  a debt due to the estate of an incapacitated
  person. (Tex. Prob. Code, Sec. 601(4).)
         Sec. 1002.006.  COMMUNITY ADMINISTRATOR. "Community
  administrator" means a spouse who, on the judicial declaration of
  incapacity of the other spouse, is authorized to manage, control,
  and dispose of the entire community estate, including the part of
  the community estate the incapacitated spouse legally has the power
  to manage in the absence of the incapacity. (Tex. Prob. Code, Sec.
  601(5).)
         Sec. 1002.007.  CORPORATE FIDUCIARY. "Corporate fiduciary"
  means a financial institution, as defined by Section 201.101,
  Finance Code, that:
               (1)  is existing or engaged in business under the laws
  of this state, another state, or the United States;
               (2)  has trust powers; and
               (3)  is authorized by law to act under the order or
  appointment of a court of record, without giving bond, as guardian,
  receiver, trustee, executor, administrator, or, although the
  financial institution does not have general depository powers,
  depository for any money paid into the court, or to become sole
  guarantor or surety in or on any bond required to be given under the
  laws of this state. (Tex. Prob. Code, Sec. 601(6).)
         Sec. 1002.008.  COURT; PROBATE COURT; STATUTORY PROBATE
  COURT. (a) "Court" or "probate court" means:
               (1)  a county court exercising its probate
  jurisdiction;
               (2)  a court created by statute and authorized to
  exercise original probate jurisdiction; or
               (3)  a district court exercising original probate
  jurisdiction in a contested matter.
         (b)  "Statutory probate court" means a court created by
  statute and designated as a statutory probate court under Chapter
  25, Government Code. The term does not include a county court at
  law exercising probate jurisdiction unless the court is designated
  a statutory probate court under Chapter 25, Government Code. (Tex.
  Prob. Code, Secs. 601(8), (29).)
         Sec. 1002.009.  COURT INVESTIGATOR.  "Court investigator"
  means a person appointed by the judge of a statutory probate court
  under Section 25.0025, Government Code. (Tex. Prob. Code, Sec.
  601(7).)
         Sec. 1002.010.  ESTATE; GUARDIANSHIP ESTATE.  "Estate" or
  "guardianship estate" means a ward's or deceased ward's property,
  as that property:
               (1)  exists originally and changes in form by sale,
  reinvestment, or otherwise;
               (2)  is augmented by any accretions and other additions
  to the property, including any property to be distributed to the
  deceased ward's representative by the trustee of a trust that
  terminates on the ward's death, or substitutions for the property;
  and
               (3)  is diminished by any decreases in or distributions
  from the property. (Tex. Prob. Code, Sec. 601(9).)
         Sec. 1002.011.  EXEMPT PROPERTY. "Exempt property" means
  the property in a deceased ward's estate that is exempt from
  execution or forced sale by the constitution or laws of this state,
  and any allowance paid instead of that property. (Tex. Prob. Code,
  Sec. 601(10).)
         Sec. 1002.012.  GUARDIAN.  (a)  "Guardian" means a person
  appointed as a:
               (1)  guardian under Subchapter D, Chapter 1101;
               (2)  successor guardian; or
               (3)  temporary guardian.
         (b)  Except as expressly provided otherwise, "guardian"
  includes:
               (1)  the guardian of the estate of an incapacitated
  person; and
               (2)  the guardian of the person of an incapacitated
  person.  (Tex. Prob. Code, Sec. 601(11).)
         Sec. 1002.013.  GUARDIAN AD LITEM. "Guardian ad litem"
  means a person appointed by a court to represent the best interests
  of an incapacitated person in a guardianship proceeding. (Tex.
  Prob. Code, Sec. 601(12).)
         Sec. 1002.014.  GUARDIANSHIP CERTIFICATION BOARD.  
  "Guardianship Certification Board" means the Guardianship
  Certification Board established under Chapter 111, Government
  Code.  (Tex. Prob. Code, Sec. 601(12-a).)
         Sec. 1002.015.  GUARDIANSHIP MATTER; GUARDIANSHIP
  PROCEEDING; PROCEEDINGS IN GUARDIANSHIP; PROCEEDINGS FOR
  GUARDIANSHIP.  The terms "guardianship matter," "guardianship
  proceeding," "proceedings in guardianship," and "proceedings for
  guardianship" are synonymous and include a matter or proceeding
  relating to a guardianship or any other matter addressed by this
  title.  (Tex. Prob. Code, Sec. 601(25).)
         Sec. 1002.016.  GUARDIANSHIP PROGRAM. "Guardianship
  program" has the meaning assigned by Section 111.001, Government
  Code. (Tex. Prob. Code, Sec. 601(13).)
         Sec. 1002.017.  INCAPACITATED PERSON. "Incapacitated
  person" means:
               (1)  a minor;
               (2)  an adult who, because of a physical or mental
  condition, is substantially unable to:
                     (A)  provide food, clothing, or shelter for
  himself or herself;
                     (B)  care for the person's own physical health; or
                     (C)  manage the person's own financial affairs; or
               (3)  a person who must have a guardian appointed for the
  person to receive funds due the person from a governmental source.
  (Tex. Prob. Code, Sec. 601(14).)
         Sec. 1002.018.  INTERESTED PERSON; PERSON INTERESTED.
  "Interested person" or "person interested" means:
               (1)  an heir, devisee, spouse, creditor, or any other
  person having a property right in or claim against an estate being
  administered; or
               (2)  a person interested in the welfare of an
  incapacitated person. (Tex. Prob. Code, Sec. 601(15).)
         Sec. 1002.019.  MINOR. "Minor" means a person younger than
  18 years of age who:
               (1)  has never been married; and
               (2)  has not had the disabilities of minority removed
  for general purposes. (Tex. Prob. Code, Sec. 601(16).)
         Sec. 1002.020.  MORTGAGE; LIEN. "Mortgage" and "lien"
  include:
               (1)  a deed of trust;
               (2)  a vendor's lien;
               (3)  a mechanic's, materialman's, or laborer's lien;
               (4)  a judgment, attachment, or garnishment lien;
               (5)  a federal or state tax lien;
               (6)  a chattel mortgage; and
               (7)  a pledge by hypothecation. (Tex. Prob. Code, Sec.
  601(18).)
         Sec. 1002.021.  NEXT OF KIN. "Next of kin" includes:
               (1)  an adopted child;
               (2)  an adopted child's descendants; and
               (3)  the adoptive parent of an adopted child. (Tex.
  Prob. Code, Sec. 601(19).)
         Sec. 1002.022.  PARENT.  "Parent" means the mother of a
  child, a man presumed to be the biological father of a child, a man
  who has been adjudicated to be the biological father of a child by a
  court of competent jurisdiction, or an adoptive mother or father of
  a child, but does not include a parent as to whom the parent-child
  relationship has been terminated.  (Tex. Prob. Code, Sec. 601(20).)
         Sec. 1002.023.  PERSON.  (a)  "Person" includes a natural
  person, a corporation, and a guardianship program.
         (b)  The definition of "person" assigned by Section 311.005,
  Government Code, does not apply to any provision in this title.  
  (Tex. Prob. Code, Sec. 601(21); New.)
         Sec. 1002.024.  PERSONAL PROPERTY. "Personal property"
  includes an interest in:
               (1)  goods;
               (2)  money;
               (3)  a chose in action;
               (4)  an evidence of debt; and
               (5)  a real chattel. (Tex. Prob. Code, Sec. 601(22).)
         Sec. 1002.025.  PRIVATE PROFESSIONAL GUARDIAN. "Private
  professional guardian" has the meaning assigned by Section 111.001,
  Government Code. (Tex. Prob. Code, Sec. 601(24).)
         Sec. 1002.026.  PROPOSED WARD. "Proposed ward" means a
  person alleged in a guardianship proceeding to be incapacitated.  
  (Tex. Prob. Code, Sec. 601(27).)
         Sec. 1002.027.  REAL PROPERTY. "Real property" includes
  estates and interests in land, whether corporeal or incorporeal or
  legal or equitable. The term does not include a real chattel.
  (Tex. Prob. Code, Sec. 601(28).)
         Sec. 1002.028.  REPRESENTATIVE; PERSONAL REPRESENTATIVE.
  "Representative" and "personal representative" include:
               (1)  a guardian; and
               (2)  a successor guardian. (Tex. Prob. Code, Sec.
  601(23).)
         Sec. 1002.029.  SURETY. "Surety" includes a personal surety
  and a corporate surety. (Tex. Prob. Code, Sec. 601(30).)
         Sec. 1002.030.  WARD. "Ward" means a person for whom a
  guardian has been appointed. (Tex. Prob. Code, Sec. 601(31).)
  [Chapters 1003-1030 reserved for expansion]
  SUBTITLE B. SCOPE, JURISDICTION, AND VENUE
  [Chapters 1031-1050 reserved]
 
  CHAPTER 1051. NOTICES AND PROCESS IN GUARDIANSHIP PROCEEDINGS IN
  GENERAL
  SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
  Sec. 1051.001.  ISSUANCE OF NOTICE OR PROCESS IN
                   GENERAL 
  Sec. 1051.002.  DIRECTION OF WRIT OR OTHER PROCESS 
  Sec. 1051.003.  CONTENTS OF CITATION OR NOTICE 
  [Sections 1051.004-1051.050 reserved for expansion]
  SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS TO BE
  SERVED
  Sec. 1051.051.  PERSONAL SERVICE 
  Sec. 1051.052.  SERVICE BY MAIL 
  Sec. 1051.053.  SERVICE BY POSTING 
  Sec. 1051.054.  SERVICE BY PUBLICATION 
  Sec. 1051.055.  SERVICE ON PARTY'S ATTORNEY OF RECORD 
  Sec. 1051.056.  SERVICE ON GUARDIAN OR RECEIVER 
  [Sections 1051.057-1051.100 reserved for expansion]
  SUBCHAPTER C. NOTICE AND CITATION REQUIRED FOR APPLICATION FOR
  GUARDIANSHIP
  Sec. 1051.101.  NOTICE REQUIRED FOR APPLICATION FOR
                   GUARDIANSHIP; CITATION OF APPLICANT
                   NOT REQUIRED 
  Sec. 1051.102.  ISSUANCE OF CITATION FOR APPLICATION
                   FOR GUARDIANSHIP 
  Sec. 1051.103.  SERVICE OF CITATION FOR APPLICATION FOR
                   GUARDIANSHIP 
  Sec. 1051.104.  NOTICE BY APPLICANT FOR GUARDIANSHIP 
  Sec. 1051.105.  WAIVER OF NOTICE OF APPLICATION FOR
                   GUARDIANSHIP 
  Sec. 1051.106.  ACTION BY COURT ON APPLICATION FOR
                   GUARDIANSHIP 
  [Sections 1051.107-1051.150 reserved for expansion]
  SUBCHAPTER D. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
  Sec. 1051.151.  REQUIREMENTS FOR RETURN ON CITATION OR
                   NOTICE SERVED BY PERSONAL SERVICE 
  Sec. 1051.152.  VALIDITY OF SERVICE AND RETURN ON
                   CITATION OR NOTICE SERVED BY POSTING 
  Sec. 1051.153.  PROOF OF SERVICE 
  Sec. 1051.154.  RETURN TO COURT 
  [Sections 1051.155-1051.200 reserved for expansion]
  SUBCHAPTER E.  ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
  Sec. 1051.201.  COURT-ORDERED ISSUANCE, SERVICE, AND
                   RETURN UNDER CERTAIN CIRCUMSTANCES 
  [Sections 1051.202-1051.250 reserved for expansion]
  SUBCHAPTER F. ADDITIONAL NOTICE PROVISIONS
  Sec. 1051.251.  WAIVER OF NOTICE OF HEARING 
  Sec. 1051.252.  REQUEST FOR NOTICE OF FILING OF
                   PLEADING 
  Sec. 1051.253.  SERVICE OF NOTICE OF INTENTION TO TAKE
                   DEPOSITIONS IN CERTAIN MATTERS 
  CHAPTER 1051. NOTICES AND PROCESS IN GUARDIANSHIP PROCEEDINGS IN
  GENERAL
  SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
         Sec. 1051.001.  ISSUANCE OF NOTICE OR PROCESS IN GENERAL.
  (a) Except as provided by Subsection (b), a person is not required
  to be cited or otherwise given notice in a guardianship matter
  except in a situation in which this title expressly provides for
  citation or the giving of notice.
         (b)  If this title does not expressly provide for citation or
  the issuance or return of notice in a guardianship matter, the court
  may require that notice be given. A court that requires that notice
  be given shall prescribe the form and manner of service of the
  notice and the return of service.
         (c)  Unless a court order is required by this title, the
  county clerk without a court order shall issue:
               (1)  necessary citations, writs, and other process in a
  guardianship matter; and
               (2)  all notices not required to be issued by a
  guardian. (Tex. Prob. Code, Secs. 632(a), (b).)
         Sec. 1051.002.  DIRECTION OF WRIT OR OTHER PROCESS. (a) A
  writ or other process other than a citation or notice must be
  directed "To any sheriff or constable within the State of Texas."
         (b)  Notwithstanding Subsection (a), a writ or other process
  other than a citation or notice may not be held defective because
  the process is directed to the sheriff or a constable of a named
  county if the process is properly served within that county by an
  officer authorized to serve the process. (Tex. Prob. Code, Sec.
  632(c) (part).)
         Sec. 1051.003.  CONTENTS OF CITATION OR NOTICE. (a) A
  citation or notice must:
               (1)  be directed to the person to be cited or notified;
               (2)  be dated;
               (3)  state the style and number of the proceeding;
               (4)  state the court in which the proceeding is
  pending;
               (5)  describe generally the nature of the proceeding or
  matter to which the citation or notice relates;
               (6)  direct the person being cited or notified to
  appear by filing a written contest or answer or to perform another
  required action; and
               (7)  state when and where the appearance or performance
  described by Subdivision (6) is required.
         (b)  A citation or notice issued by the county clerk must be
  styled "The State of Texas" and be signed by the clerk under the
  clerk's seal.
         (c)  A notice required to be given by a guardian must be in
  writing and be signed by the guardian in the guardian's official
  capacity.
         (d)  A citation or notice is not required to contain a
  precept directed to an officer, but may not be held defective
  because the citation or notice contains a precept directed to an
  officer authorized to serve the citation or notice. (Tex. Prob.
  Code, Sec. 632(c) (part).)
  [Sections 1051.004-1051.050 reserved for expansion]
  SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS TO BE
  SERVED
         Sec. 1051.051.  PERSONAL SERVICE. (a) Except as otherwise
  provided by Subsection (b), if personal service of citation or
  notice is required, the citation or notice must be served on the
  attorney of record for the person to be cited or notified.
  Notwithstanding the requirement of personal service, service may be
  made on that attorney by any method specified by Section 1051.055
  for service on an attorney of record.
         (b)  If the person to be cited or notified does not have an
  attorney of record in the proceeding, or if an attempt to serve the
  person's attorney is unsuccessful:
               (1)  the sheriff or constable shall serve the citation
  or notice by delivering a copy of the citation or notice to the
  person to be cited or notified, in person, if the person to whom the
  citation or notice is directed is in this state; or
               (2)  a disinterested person competent to make an oath
  that the citation or notice was served may serve the citation or
  notice, if the person to be cited or notified is absent from or is
  not a resident of this state.
         (c)  The return day of the citation or notice served under
  Subsection (b) must be at least 10 days after the date of service,
  excluding the date of service.
         (d)  If the citation or notice attempted to be served as
  provided by Subsection (b) is returned with the notation that the
  person sought to be served, whether inside or outside this state,
  cannot be found, the county clerk shall issue a new citation or
  notice. Service of the new citation or notice must be made by
  publication. (Tex. Prob. Code, Sec. 632(f)(1) (part).)
         Sec. 1051.052.  SERVICE BY MAIL. (a) The county clerk, or
  the guardian if required by statute or court order, shall serve a
  citation or notice required or permitted to be served by regular
  mail by mailing the original citation or notice to the person to be
  cited or notified.
         (b)  Except as provided by Subsection (c), the county clerk
  shall issue a citation or notice required or permitted to be served
  by registered or certified mail and shall serve the citation or
  notice by mailing the original citation or notice by registered or
  certified mail.
         (c)  A guardian shall issue a notice required to be given by
  the guardian by registered or certified mail and shall serve the
  notice by mailing the original notice by registered or certified
  mail.
         (d)  The county clerk or guardian, as applicable, shall mail
  a citation or notice under Subsection (b) or (c) with an instruction
  to deliver the citation or notice to the addressee only and with
  return receipt requested. The clerk or guardian, as applicable,
  shall address the envelope containing the citation or notice to:
               (1)  the attorney of record in the proceeding for the
  person to be cited or notified; or
               (2)  the person to be cited or notified, if the citation
  or notice to the attorney is returned undelivered or the person to
  be cited or notified has no attorney of record in the proceeding.
         (e)  Service by mail must be made at least 20 days before the
  return day of the citation or notice, excluding the date of service.
  The date of service by mail is the date of mailing.
         (f)  A copy of a citation or notice served under Subsection
  (a), (b), or (c) and a certificate of the person serving the
  citation or notice showing that the citation or notice was mailed
  and the date of the mailing shall be filed and recorded. A returned
  receipt for a citation or notice served under Subsection (b) or (c)
  shall be attached to the certificate.
         (g)  If a citation or notice served by mail is returned
  undelivered, a new citation or notice shall be issued. Service of
  the new citation or notice must be made by posting. (Tex. Prob.
  Code, Sec. 632(f)(4).)
         Sec. 1051.053.  SERVICE BY POSTING. (a) The county clerk
  shall deliver the original and a copy of a citation or notice
  required to be posted to the sheriff or a constable of the county in
  which the proceeding is pending. The sheriff or constable shall
  post the copy at the door of the county courthouse or the location
  in or near the courthouse where public notices are customarily
  posted.
         (b)  Citation or notice under this section must be posted for
  at least 10 days before the return day of the citation or notice,
  excluding the date of posting, except as provided by Section
  1051.152(b). The date of service of citation or notice by posting
  is the date of posting.
         (c)  A sheriff or constable who posts a copy of a citation or
  notice under this section shall return the original citation or
  notice to the county clerk and state the date and location of the
  posting in a written return of the copy of the citation or notice.
         (d)  The method of service prescribed by this section applies
  when a guardian is required or permitted to post a notice. The
  notice must be:
               (1)  issued in the name of the guardian;
               (2)  addressed and delivered to, and posted and
  returned by, the appropriate officer; and
               (3)  filed with the county clerk. (Tex. Prob. Code,
  Sec. 632(f)(2).)
         Sec. 1051.054.  SERVICE BY PUBLICATION. (a) Citation or
  notice to a person to be served by publication shall be published
  one time in a newspaper of general circulation in the county in
  which the proceeding is pending. The publication must be made at
  least 10 days before the return day of the citation or notice,
  excluding the date of publication.
         (b)  The date of service of citation or notice by publication
  is the date of publication printed on the newspaper in which the
  citation or notice is published.
         (c)  If there is not a newspaper of general circulation
  published or printed in the county in which the citation or notice
  is to be published, the citation or notice under Subsection (a)
  shall be served by posting. (Tex. Prob. Code, Sec. 632(f)(3).)
         Sec. 1051.055.  SERVICE ON PARTY'S ATTORNEY OF RECORD. (a)
  If a party is represented by an attorney of record in a guardianship
  proceeding, a citation or notice required to be served on the party
  shall be served instead on that attorney.
         (b)  A notice served on an attorney under this section may be
  served by:
               (1)  delivery to the attorney in person;
               (2)  registered or certified mail, return receipt
  requested; or
               (3)  any other form of mail that requires proof of
  delivery.
         (c)  A notice or citation may be served on an attorney under
  this section by:
               (1)  another party to the proceeding;
               (2)  the attorney of record for another party to the
  proceeding;
               (3)  an appropriate sheriff or constable; or
               (4)  another person competent to testify.
         (d)  Each of the following is prima facie evidence of the
  fact that service has been made under this section:
               (1)  the written statement of an attorney of record
  showing service;
               (2)  the return of the officer showing service; and
               (3)  the affidavit of a person showing service.
         (e)  Except as provided by Section 1051.105, an attorney ad
  litem may not waive personal service of citation.  (Tex. Prob. Code,
  Sec. 634.)
         Sec. 1051.056.  SERVICE ON GUARDIAN OR RECEIVER. Unless
  this title expressly provides for another method of service, the
  county clerk who issues a citation or notice required to be served
  on a guardian or receiver shall serve the citation or notice by
  mailing the original citation or notice by registered or certified
  mail to:
               (1)  the guardian's or receiver's attorney of record;
  or
               (2)  the guardian or receiver, if the guardian or
  receiver does not have an attorney of record. (Tex. Prob. Code,
  Sec. 632(e).)
  [Sections 1051.057-1051.100 reserved for expansion]
  SUBCHAPTER C. NOTICE AND CITATION REQUIRED FOR APPLICATION FOR
  GUARDIANSHIP
         Sec. 1051.101.  NOTICE REQUIRED FOR APPLICATION FOR
  GUARDIANSHIP; CITATION OF APPLICANT NOT REQUIRED. (a) On the filing
  of an application for guardianship, notice shall be issued and
  served as provided by this subchapter.
         (b)  It is not necessary to serve a citation on a person who
  files an application for the creation of a guardianship under this
  title or for that person to waive the issuance and personal service
  of citation under this subchapter. (Tex. Prob. Code, Secs. 633(a),
  (g).)
         Sec. 1051.102.  ISSUANCE OF CITATION FOR APPLICATION FOR
  GUARDIANSHIP. (a) On the filing of an application for guardianship,
  the court clerk shall issue a citation stating:
               (1)  that the application was filed;
               (2)  the name of the proposed ward;
               (3)  the name of the applicant; and
               (4)  the name of the person to be appointed guardian as
  provided in the application, if that person is not the applicant.
         (b)  The citation must cite all persons interested in the
  welfare of the proposed ward to appear at the time and place stated
  in the notice if the persons wish to contest the application.
         (c)  The citation shall be posted. (Tex. Prob. Code, Sec.
  633(b).)
         Sec. 1051.103.  SERVICE OF CITATION FOR APPLICATION FOR
  GUARDIANSHIP.  The sheriff or other officer shall personally serve
  citation to appear and answer an application for guardianship on:
               (1)  a proposed ward who is 12 years of age or older;
               (2)  the proposed ward's parents, if the whereabouts of
  the parents are known or can be reasonably ascertained;
               (3)  any court-appointed conservator or person having
  control of the care and welfare of the proposed ward;
               (4)  the proposed ward's spouse, if the whereabouts of
  the spouse are known or can be reasonably ascertained; and
               (5)  the person named in the application to be
  appointed guardian, if that person is not the applicant. (Tex.
  Prob. Code, Sec. 633(c).)
         Sec. 1051.104.  NOTICE BY APPLICANT FOR GUARDIANSHIP.  (a)  
  The person filing an application for guardianship shall mail a copy
  of the application and a notice containing the information required
  in the citation issued under Section 1051.102 by registered or
  certified mail, return receipt requested, or by any other form of
  mail that provides proof of delivery, to the following persons, if
  their whereabouts are known or can be reasonably ascertained:
               (1)  each adult child of the proposed ward;
               (2)  each adult sibling of the proposed ward;
               (3)  the administrator of a nursing home facility or
  similar facility in which the proposed ward resides;
               (4)  the operator of a residential facility in which
  the proposed ward resides;
               (5)  a person whom the applicant knows to hold a power
  of attorney signed by the proposed ward;
               (6)  a person designated to serve as guardian of the
  proposed ward by a written declaration under Subchapter E, Chapter
  1104, if the applicant knows of the existence of the declaration;
               (7)  a person designated to serve as guardian of the
  proposed ward in the probated will of the last surviving parent of
  the proposed ward;
               (8)  a person designated to serve as guardian of the
  proposed ward by a written declaration of the proposed ward's last
  surviving parent, if the declarant is deceased and the applicant
  knows of the existence of the declaration; and
               (9)  each person named as next of kin in the application
  as required by Section 1101.001(b)(11) or (13).
         (b)  The applicant shall file with the court:
               (1)  a copy of any notice required by Subsection (a) and
  the proofs of delivery of the notice; and
               (2)  an affidavit sworn to by the applicant or the
  applicant's attorney stating:
                     (A)  that the notice was mailed as required by
  Subsection (a); and
                     (B)  the name of each person to whom the notice was
  mailed, if the person's name is not shown on the proof of delivery.
         (c)  Failure of the applicant to comply with Subsections
  (a)(2)-(9) does not affect the validity of a guardianship created
  under this title.  (Tex. Prob. Code, Secs. 633(d), (d-1), (f)
  (part).)
         Sec. 1051.105.  WAIVER OF NOTICE OF APPLICATION FOR
  GUARDIANSHIP.  A person other than the proposed ward who is entitled
  to receive notice or personal service of citation under Sections
  1051.103 and 1051.104(a) may, by writing filed with the clerk,
  waive the receipt of notice or the issuance and personal service of
  citation either in person or through an attorney ad litem.  (Tex.
  Prob. Code, Sec. 633(e).)
         Sec. 1051.106.  ACTION BY COURT ON APPLICATION FOR
  GUARDIANSHIP. The court may not act on an application for the
  creation of a guardianship until the applicant has complied with
  Section 1051.104(b) and not earlier than the Monday following the
  expiration of the 10-day period beginning on the date service of
  notice and citation has been made as provided by Sections 1051.102,
  1051.103, and 1051.104(a)(1).  (Tex. Prob. Code, Sec. 633(f)
  (part).)
  [Sections 1051.107-1051.150 reserved for expansion]
  SUBCHAPTER D. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
         Sec. 1051.151.  REQUIREMENTS FOR RETURN ON CITATION OR
  NOTICE SERVED BY PERSONAL SERVICE. The return of the person serving
  a citation or notice under Section 1051.051 must:
               (1)  be endorsed on or attached to the citation or
  notice;
               (2)  state the date and place of service;
               (3)  certify that a copy of the citation or notice was
  delivered to the person directed to be served;
               (4)  be subscribed and sworn to before, and under the
  hand and official seal of, an officer authorized by the laws of this
  state to take an affidavit; and
               (5)  be returned to the county clerk who issued the
  citation or notice. (Tex. Prob. Code, Sec. 632(f)(1) (part).)
         Sec. 1051.152.  VALIDITY OF SERVICE AND RETURN ON CITATION
  OR NOTICE SERVED BY POSTING. (a) A citation or notice in a
  guardianship matter that is required to be served by posting and is
  issued in conformity with this title, and the service of and return
  of the citation or notice, is valid if:
               (1)  a sheriff or constable posts a copy of the citation
  or notice at the location or locations prescribed by this title; and
               (2)  the posting occurs on a day preceding the return
  day of service specified in the citation or notice that provides
  sufficient time for the period the citation or notice must be posted
  to expire before the specified return day.
         (b)  The fact that the sheriff or constable, as applicable,
  makes the return of service on the citation or notice described by
  Subsection (a) and returns the citation or notice on which the
  return has been made to the court before the expiration of the
  period the citation or notice must be posted does not affect the
  validity of the citation or notice or the service or return of
  service. This subsection applies even if the sheriff or constable
  makes the return of service and returns the citation or notice to
  the court on the same day the citation or notice is issued. (Tex.
  Prob. Code, Sec. 632(h).)
         Sec. 1051.153.  PROOF OF SERVICE. (a) Proof of service in
  each case requiring citation or notice must be filed before a
  hearing.
         (b)  Proof of service consists of:
               (1)  if the service is made by a sheriff or constable,
  the return of service;
               (2)  if the service is made by a private person, the
  person's affidavit;
               (3)  if the service is made by mail:
                     (A)  the certificate of the county clerk making
  the service, or the affidavit of the guardian or other person making
  the service that states that the citation or notice was mailed and
  the date of the mailing; and
                     (B)  the return receipt attached to the
  certificate, if the mailing was by registered or certified mail and
  a receipt has been returned; and
               (4)  if the service is made by publication, an
  affidavit that:
                     (A)  is made by the publisher of the newspaper in
  which the citation or notice was published or an employee of the
  publisher;
                     (B)  contains or to which is attached a copy of the
  published citation or notice; and
                     (C)  states the date of publication printed on the
  newspaper in which the citation or notice was published. (Tex.
  Prob. Code, Sec. 632(i).)
         Sec. 1051.154.  RETURN TO COURT. A citation or notice issued
  by a county clerk must be returned to the court from which the
  citation or notice was issued on the first Monday after the service
  is perfected. (Tex. Prob. Code, Sec. 632(g).)
  [Sections 1051.155-1051.200 reserved for expansion]
  SUBCHAPTER E.  ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
         Sec. 1051.201.  COURT-ORDERED ISSUANCE, SERVICE, AND RETURN
  UNDER CERTAIN CIRCUMSTANCES. (a) A citation or notice required by
  this title shall be issued, served, and returned in the manner
  specified by written order of the court in accordance with this
  title and the Texas Rules of Civil Procedure if:
               (1)  an interested person requests that action;
               (2)  a specific method is not provided by this title for
  giving the citation or notice;
               (3)  a specific method is not provided by this title for
  the service and return of citation or notice; or
               (4)  a provision with respect to a matter relating to
  citation or notice is inadequate.
         (b)  Citation or notice issued, served, and returned in the
  manner specified by a court order as provided by Subsection (a) has
  the same effect as if the manner of service and return had been
  specified by this title. (Tex. Prob. Code, Sec. 632(d).)
  [Sections 1051.202-1051.250 reserved for expansion]
  SUBCHAPTER F. ADDITIONAL NOTICE PROVISIONS
         Sec. 1051.251.  WAIVER OF NOTICE OF HEARING. (a) A
  competent person who is interested in a hearing in a guardianship
  proceeding may waive notice of the hearing in writing either in
  person or through an attorney.
         (b)  A consul or other representative of a foreign government
  whose appearance has been entered as provided by law on behalf of a
  person residing in a foreign country may waive notice on the
  person's behalf.
         (c)  A person who submits to the jurisdiction of the court in
  a hearing is considered to have waived notice of the hearing. (Tex.
  Prob. Code, Sec. 635.)
         Sec. 1051.252.  REQUEST FOR NOTICE OF FILING OF PLEADING.
  (a) At any time after an application is filed to commence a
  guardianship proceeding, a person interested in the estate or
  welfare of a ward or incapacitated person may file with the county
  clerk a written request to be notified of all, or any specified,
  motions, applications, or pleadings filed with respect to the
  proceeding by any person or by a person specifically designated in
  the request. A person filing a request under this section is
  responsible for payment of the fees and other costs of providing the
  requested documents, and the clerk may require a deposit to cover
  the estimated costs of providing the notice. The clerk shall send
  to the requestor by regular mail a copy of any requested document.
         (b)  A county clerk's failure to comply with a request under
  this section does not invalidate a proceeding. (Tex. Prob. Code,
  Sec. 632(j).)
         Sec. 1051.253.  SERVICE OF NOTICE OF INTENTION TO TAKE
  DEPOSITIONS IN CERTAIN MATTERS.  (a) In a guardianship proceeding
  in which there is no opposing party or attorney of record on whom to
  serve notice and copies of interrogatories, service may be made by
  posting notice of the intention to take depositions for a period of
  10 days as provided by Section 1051.053 governing a posting of
  notice.
         (b)  When notice by posting under Subsection (a) is filed
  with the clerk, a copy of the interrogatories must also be filed.
         (c)  At the expiration of the 10-day period prescribed by
  Subsection (a):
               (1)  commission may issue for taking the depositions
  for which the notice was posted; and
               (2)  the judge may file cross-interrogatories if no person appears. (Tex. Prob. Code, Sec. 649 (part).)
 
  CHAPTER 1052.  FILING AND RECORDKEEPING
  SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
  Sec. 1052.001.  GUARDIANSHIP DOCKET 
  Sec. 1052.002.  CLAIM DOCKET 
  Sec. 1052.003.  GUARDIANSHIP FEE BOOK 
  Sec. 1052.004.  ALTERNATE RECORDKEEPING 
  [Sections 1052.005-1052.050 reserved for expansion]
  SUBCHAPTER B. FILES; INDEX
  Sec. 1052.051.  FILING PROCEDURES 
  Sec. 1052.052.  CASE FILES 
  Sec. 1052.053.  INDEX 
  CHAPTER 1052.  FILING AND RECORDKEEPING
  SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
         Sec. 1052.001.  GUARDIANSHIP DOCKET.  (a)  The county clerk
  shall maintain a record book titled "Judge's Guardianship Docket"
  and shall record in the book:
               (1)  the name of each person with respect to whom, or
  with respect to whose estate, a proceeding is commenced or sought to
  be commenced;
               (2)  the name of the guardian of the estate or person or
  of the applicant for letters of guardianship;
               (3)  the date each original application for a
  guardianship proceeding is filed;
               (4)  a notation of each order, judgment, decree, and
  proceeding that occurs in each estate, including the date it
  occurs; and
               (5)  the docket number of each guardianship as assigned
  under Subsection (b).
         (b)  The county clerk shall assign a docket number to each
  guardianship in the order a proceeding is commenced. (Tex. Prob.
  Code, Sec. 623(a).)
         Sec. 1052.002.  CLAIM DOCKET.  (a)  The county clerk shall
  maintain a record book titled "Claim Docket" and shall record in the
  book each claim that is presented against a guardianship for the
  court's approval.
         (b)  The county clerk shall assign one or more pages of the
  record book to each guardianship.
         (c)  The claim docket must be ruled in 16 columns at proper
  intervals from top to bottom, with a short note of the contents at
  the top of each column. The county clerk shall record for each
  claim, in the order the claims are filed, the following information
  in the respective columns, beginning with the first or marginal
  column:
               (1)  the name of the claimant;
               (2)  the amount of the claim;
               (3)  the date of the claim;
               (4)  the date the claim is filed;
               (5)  the date the claim is due;
               (6)  the date the claim begins bearing interest;
               (7)  the interest rate;
               (8)  the date the claim is allowed by the guardian, if
  applicable;
               (9)  the amount allowed by the guardian, if applicable;
               (10)  the date the claim is rejected, if applicable;
               (11)  the date the claim is approved, if applicable;
               (12)  the amount approved for the claim, if applicable;
               (13)  the date the claim is disapproved, if applicable;
               (14)  the class to which the claim belongs;
               (15)  the date the claim is established by a judgment of
  a court, if applicable; and
               (16)  the amount of the judgment established under
  Subdivision (15), if applicable.  (Tex. Prob. Code, Sec. 624.)
         Sec. 1052.003.  GUARDIANSHIP FEE BOOK. (a) The county clerk
  shall maintain a record book titled "Guardianship Fee Book" and
  shall record in the book each item of cost that accrues to the
  officers of the court and any witness fees.
         (b)  Each record entry must include:
               (1)  the party to whom the cost or fee is due;
               (2)  the date the cost or fee accrued;
               (3)  the guardianship or party liable for the cost or
  fee; and
               (4)  the date the cost or fee is paid. (Tex. Prob.
  Code, Sec. 626.)
         Sec. 1052.004.  ALTERNATE RECORDKEEPING. Instead of
  maintaining the record books described by Sections 1052.001,
  1052.002, and 1052.003, the county clerk may maintain the
  information described by those sections relating to a person's
  guardianship proceeding:
               (1)  on a computer file;
               (2)  on microfilm;
               (3)  in the form of a digitized optical image; or
               (4)  in another similar form of data compilation.
  (Tex. Prob. Code, Sec. 627.)
  [Sections 1052.005-1052.050 reserved for expansion]
  SUBCHAPTER B. FILES; INDEX
         Sec. 1052.051.  FILING PROCEDURES. (a)  An application for a
  guardianship proceeding, complaint, petition, or other paper
  permitted or required by law to be filed with a court in a
  guardianship matter must be filed with the county clerk of the
  appropriate county.
         (b)  Each paper filed in a guardianship proceeding must be
  given the docket number assigned to the estate.
         (c)  On receipt of a paper described by Subsection (a), the
  county clerk shall:
               (1)  file the paper; and
               (2)  endorse on the paper:
                     (A)  the date the paper is filed;
                     (B)  the docket number; and
                     (C)  the clerk's official signature.  (Tex. Prob.
  Code, Secs. 621, 623(b).)
         Sec. 1052.052.  CASE FILES. (a) The county clerk shall
  maintain a case file for each person's filed guardianship
  proceedings.
         (b)  Each case file must contain each order, judgment, and
  proceeding of the court and any other guardianship filing with the
  court, including each:
               (1)  application for the granting of guardianship;
               (2)  citation and notice, whether published or posted,
  including the return on the citation or notice;
               (3)  bond and official oath;
               (4)  inventory, appraisement, and list of claims;
               (5)  exhibit and account;
               (6)  report of renting;
               (7)  application for sale or partition of real estate;
               (8)  report of sale;
               (9)  application for authority to execute a lease for
  mineral development, or for pooling or unitization of lands,
  royalty, or other interest in minerals, or to lend or invest money;
               (10)  report of lending or investing money; and
               (11)  report of guardians of the persons. (Tex. Prob.
  Code, Sec. 625.)
         Sec. 1052.053.  INDEX.  (a) The county clerk shall properly
  index the records required under this chapter.
         (b)  The county clerk shall keep the index open for public
  inspection but may not release the index from the clerk's custody. (Tex. Prob. Code, Sec. 627A.)
 
  CHAPTER 1053. OTHER COURT DUTIES AND PROCEDURES
  SUBCHAPTER A. ENFORCEMENT OF ORDERS
  Sec. 1053.001.  ENFORCEMENT OF ORDERS 
  [Sections 1053.002-1053.050 reserved for expansion]
  SUBCHAPTER B. COSTS AND SECURITY
  Sec. 1053.051.  APPLICABILITY OF CERTAIN LAWS 
  Sec. 1053.052.  SECURITY FOR CERTAIN COSTS 
  [Sections 1053.053-1053.100 reserved for expansion]
  SUBCHAPTER C. PROCEDURES FOR GUARDIANSHIP MATTERS
  Sec. 1053.101.  CALLING OF DOCKETS 
  Sec. 1053.102.  SETTING OF CERTAIN HEARINGS BY CLERK 
  Sec. 1053.103.  RENDERING OF DECISIONS, ORDERS,
                   DECREES, AND JUDGMENTS 
  CHAPTER 1053. OTHER COURT DUTIES AND PROCEDURES
  SUBCHAPTER A. ENFORCEMENT OF ORDERS
         Sec. 1053.001.  ENFORCEMENT OF ORDERS. A judge may enforce
  an order entered against a guardian by attachment and confinement.
  Unless this title expressly provides otherwise, the term of
  confinement for any one offense under this section may not exceed
  three days. (Tex. Prob. Code, Sec. 651.)
  [Sections 1053.002-1053.050 reserved for expansion]
  SUBCHAPTER B. COSTS AND SECURITY
         Sec. 1053.051.  APPLICABILITY OF CERTAIN LAWS. A law
  regulating costs in ordinary civil cases applies to a guardianship
  matter unless otherwise expressly provided by this title.  (Tex.
  Prob. Code, Sec. 622(a).)
         Sec. 1053.052.  SECURITY FOR CERTAIN COSTS. (a) The clerk
  may require a person who files an application, complaint, or
  opposition relating to a guardianship matter, other than a
  guardian, attorney ad litem, or guardian ad litem, to provide
  security for the probable costs of the guardianship proceeding
  before filing the application, complaint, or opposition.
         (b)  At any time before the trial of an application,
  complaint, or opposition described by Subsection (a), an officer of
  the court or a person interested in the guardianship or in the
  welfare of the ward may, by written motion, obtain from the court an
  order requiring the person who filed the application, complaint, or
  opposition to provide security for the probable costs of the
  proceeding. The rules governing civil suits in the county court
  with respect to providing security for the probable costs of a
  proceeding control in cases described by Subsection (a) and this
  subsection.
         (c)  A guardian, attorney ad litem, or guardian ad litem
  appointed under this title by a court of this state may not be
  required to provide security for costs in an action brought by the
  guardian, attorney ad litem, or guardian ad litem in the
  guardian's, attorney ad litem's, or guardian ad litem's fiduciary
  capacity. (Tex. Prob. Code, Secs. 622(b), (c).)
  [Sections 1053.053-1053.100 reserved for expansion]
  SUBCHAPTER C. PROCEDURES FOR GUARDIANSHIP MATTERS
         Sec. 1053.101.  CALLING OF DOCKETS. The judge in whose court
  a guardianship proceeding is pending, as determined by the judge,
  shall:
               (1)  call guardianship matters in the matters' regular
  order on both the guardianship and claim dockets; and
               (2)  issue necessary orders. (Tex. Prob. Code, Sec.
  629.)
         Sec. 1053.102.  SETTING OF CERTAIN HEARINGS BY CLERK. (a)
  If a judge is unable to designate the time and place for hearing a
  guardianship matter pending in the judge's court because the judge
  is absent from the county seat or is on vacation, disqualified, ill,
  or deceased, the county clerk of the county in which the matter is
  pending may:
               (1)  designate the time and place for hearing;
               (2)  enter the setting on the judge's docket; and
               (3)  certify on the docket the reason that the judge is
  not acting to set the hearing.
         (b)  If, after the perfection of the service of notices and
  citations required by law concerning the time and place of hearing,
  a qualified judge is not present for a hearing set under Subsection
  (a), the hearing is automatically continued from day to day until a
  qualified judge is present to hear and determine the matter. (Tex.
  Prob. Code, Sec. 630.)
         Sec. 1053.103.  RENDERING OF DECISIONS, ORDERS, DECREES, AND
  JUDGMENTS. The court shall render a decision, order, decree, or
  judgment in a guardianship matter in open court, except as otherwise expressly provided. (Tex. Prob. Code, Sec. 650.)
 
  CHAPTER 1054.  COURT OFFICERS AND COURT-APPOINTED PERSONS
  SUBCHAPTER A. ATTORNEYS AD LITEM AND INTERPRETERS
  Sec. 1054.001.  APPOINTMENT OF ATTORNEY AD LITEM IN
                   PROCEEDING FOR APPOINTMENT OF
                   GUARDIAN 
  Sec. 1054.002.  TERM OF APPOINTMENT 
  Sec. 1054.003.  ACCESS TO RECORDS 
  Sec. 1054.004.  DUTIES 
  Sec. 1054.005.  APPOINTMENT OF INTERPRETER 
  [Sections 1054.006-1054.050 reserved for expansion]
  SUBCHAPTER B. GUARDIANS AD LITEM
  Sec. 1054.051.  APPOINTMENT OF GUARDIAN AD LITEM IN
                   GUARDIANSHIP PROCEEDING 
  Sec. 1054.052.  APPOINTMENT OF GUARDIAN AD LITEM
                   RELATING TO CERTAIN OTHER SUITS 
  Sec. 1054.053.  TERM OF CERTAIN APPOINTMENTS 
  Sec. 1054.054.  DUTIES 
  Sec. 1054.055.  COMPENSATION AND EXPENSES 
  Sec. 1054.056.  IMMUNITY 
  [Sections 1054.057-1054.100 reserved for expansion]
  SUBCHAPTER C. COURT VISITORS
  Sec. 1054.101.  INAPPLICABILITY OF SUBCHAPTER TO
                   CERTAIN GUARDIANSHIPS 
  Sec. 1054.102.  OPERATION OF COURT VISITOR PROGRAM 
  Sec. 1054.103.  EVALUATION OF WARD OR PROPOSED WARD 
  Sec. 1054.104.  EVALUATION REPORT 
  Sec. 1054.105.  COMPENSATION 
  [Sections 1054.106-1054.150 reserved for expansion]
  SUBCHAPTER D. COURT INVESTIGATORS
  Sec. 1054.151.  INVESTIGATION OF GUARDIANSHIP
                   APPLICATION 
  Sec. 1054.152.  GENERAL DUTIES 
  Sec. 1054.153.  INVESTIGATION REPORT 
  Sec. 1054.154.  EFFECT OF SUBCHAPTER ON OTHER LAW 
  [Sections 1054.155-1054.200 reserved for expansion]
  SUBCHAPTER E. QUALIFICATIONS TO SERVE AS COURT-APPOINTED ATTORNEY
  Sec. 1054.201.  CERTIFICATION REQUIRED 
  Sec. 1054.202.  CERTIFICATE EXPIRATION 
  Sec. 1054.203.  ELIGIBILITY FOR APPOINTMENT ON
                   EXPIRATION OF CERTIFICATE 
  CHAPTER 1054.  COURT OFFICERS AND COURT-APPOINTED PERSONS
  SUBCHAPTER A. ATTORNEYS AD LITEM AND INTERPRETERS
         Sec. 1054.001.  APPOINTMENT OF ATTORNEY AD LITEM IN
  PROCEEDING FOR APPOINTMENT OF GUARDIAN. In a proceeding under this
  title for the appointment of a guardian, the court shall appoint an
  attorney ad litem to represent the proposed ward's interests.
  (Tex. Prob. Code, Sec. 646(a) (part).)
         Sec. 1054.002.  TERM OF APPOINTMENT. Unless the court
  determines that the continued appointment of an attorney ad litem
  appointed under Section 1054.001 is in the ward's best interests,
  the attorney's term of appointment expires, without a court order,
  on the date the court:
               (1)  appoints a guardian; or
               (2)  denies the application for appointment of a
  guardian. (Tex. Prob. Code, Sec. 646(e).)
         Sec. 1054.003.  ACCESS TO RECORDS. An attorney ad litem
  appointed under Section 1054.001 shall be provided copies of all of
  the current records in the guardianship case. The attorney may have
  access to all of the proposed ward's relevant medical,
  psychological, and intellectual testing records. (Tex. Prob. Code,
  Sec. 646(a) (part).)
         Sec. 1054.004.  DUTIES. (a)  An attorney ad litem appointed
  under Section 1054.001 shall interview the proposed ward within a
  reasonable time before the hearing in the proceeding for the
  appointment of a guardian. To the greatest extent possible, the
  attorney shall discuss with the proposed ward:
               (1)  the law and facts of the case;
               (2)  the proposed ward's legal options regarding
  disposition of the case; and
               (3)  the grounds on which guardianship is sought.
         (b)  Before the hearing, the attorney ad litem shall review:
               (1)  the application for guardianship;
               (2)  certificates of current physical, medical, and
  intellectual examinations; and
               (3)  all of the proposed ward's relevant medical,
  psychological, and intellectual testing records. (Tex. Prob. Code,
  Sec. 647.)
         Sec. 1054.005.  APPOINTMENT OF INTERPRETER. At the time the
  court appoints the attorney ad litem under Section 1054.001, the
  court shall appoint a language interpreter or sign interpreter if
  necessary to ensure effective communication between the proposed
  ward and the attorney.  (Tex. Prob. Code, Sec. 646(d).)
  [Sections 1054.006-1054.050 reserved for expansion]
  SUBCHAPTER B. GUARDIANS AD LITEM
         Sec. 1054.051.  APPOINTMENT OF GUARDIAN AD LITEM IN
  GUARDIANSHIP PROCEEDING. The judge may appoint a guardian ad litem
  to represent the interests of an incapacitated person in a
  guardianship proceeding. (Tex. Prob. Code, Sec. 645(a).)
         Sec. 1054.052.  APPOINTMENT OF GUARDIAN AD LITEM RELATING TO
  CERTAIN OTHER SUITS. In the interest of judicial economy, the court
  may appoint as guardian ad litem under Section 1104.354(1) the
  person who has been appointed attorney ad litem under Section
  1054.001 or the person who is serving as an ad litem for the ward's
  benefit in any other proceeding. (Tex. Prob. Code, Sec. 645(e).)
         Sec. 1054.053.  TERM OF CERTAIN APPOINTMENTS. Unless the
  court determines that the continued appointment of a guardian ad
  litem appointed in a proceeding for the appointment of a guardian is
  in the ward's best interests, the guardian ad litem's term of
  appointment expires, without a court order, on the date the court:
               (1)  appoints a guardian; or
               (2)  denies the application for appointment of a
  guardian. (Tex. Prob. Code, Sec. 645(f).)
         Sec. 1054.054.  DUTIES. (a) A guardian ad litem is an
  officer of the court.
         (b)  A guardian ad litem shall protect the incapacitated
  person whose interests the guardian has been appointed to represent
  in a manner that will enable the court to determine the action that
  will be in that person's best interests. (Tex. Prob. Code, Sec.
  645(c).)
         Sec. 1054.055.  COMPENSATION AND EXPENSES.  (a) A guardian
  ad litem is entitled to reasonable compensation for services
  provided in the amount set by the court, to be taxed as costs in the
  proceeding.
         (b)  The fees and expenses of a guardian ad litem appointed
  under Section 1104.354(1) are costs of the litigation proceeding
  that made the appointment necessary. (Tex. Prob. Code, Secs.
  645(b), (d).)
         Sec. 1054.056.  IMMUNITY. (a)  Subject to Subsection (b), a
  guardian ad litem appointed under this subchapter or Section
  1102.001 or 1202.054 to represent the interests of an incapacitated
  person in a guardianship proceeding involving the creation,
  modification, or termination of a guardianship is not liable for
  civil damages arising from a recommendation made or an opinion
  given in the capacity of guardian ad litem.
         (b)  This section does not apply to a recommendation or
  opinion that is:
               (1)  wilfully wrongful;
               (2)  given:
                     (A)  with conscious indifference to or reckless
  disregard for the safety of another;
                     (B)  with malice; or
                     (C)  in bad faith; or
               (3)  grossly negligent.  (Tex. Prob. Code, Sec. 645A.)
  [Sections 1054.057-1054.100 reserved for expansion]
  SUBCHAPTER C. COURT VISITORS
         Sec. 1054.101.  INAPPLICABILITY OF SUBCHAPTER TO CERTAIN
  GUARDIANSHIPS. This subchapter does not apply to a guardianship
  created only because the appointment of a guardian for a person is
  necessary for the person to receive funds from a governmental
  source. (Tex. Prob. Code, Sec. 648(f).)
         Sec. 1054.102.  OPERATION OF COURT VISITOR PROGRAM. (a)
  Each statutory probate court shall operate a court visitor program
  to assess the conditions of wards and proposed wards.
         (b)  A court, other than a statutory probate court, that has
  jurisdiction of a guardianship proceeding may operate a court
  visitor program in accordance with the population needs and
  financial abilities of the area the court serves.  (Tex. Prob. Code,
  Sec. 648(a) (part).)
         Sec. 1054.103.  EVALUATION OF WARD OR PROPOSED WARD. A
  court, at any time before a guardian is appointed for a proposed
  ward or during the pendency of a guardianship of the person or
  estate, may appoint a court visitor to evaluate the ward or proposed
  ward and provide a written report that substantially complies with
  Section 1054.104(b) on:
               (1)  the request of any interested person, including
  the ward or proposed ward; or
               (2)  the court's own motion. (Tex. Prob. Code, Sec.
  648(b).)
         Sec. 1054.104.  EVALUATION REPORT. (a) A court visitor
  appointed under Section 1054.103 shall file the report on the
  evaluation of a ward or proposed ward not later than the 14th day
  after the date the court visitor conducts the evaluation. The court
  visitor shall swear under penalty of perjury that the report is
  accurate to the best of the court visitor's knowledge and belief.
         (b)  A court visitor's report must include:
               (1)  a description of the nature and degree of the
  ward's or proposed ward's capacity and incapacity, including a
  description of the ward's or proposed ward's medical history, if
  reasonably available and not waived by the court;
               (2)  a medical prognosis and list of the ward's or
  proposed ward's treating physicians, when appropriate;
               (3)  a description of the ward's or proposed ward's
  living conditions and circumstances;
               (4)  a description of the ward's or proposed ward's
  social, intellectual, physical, and educational conditions;
               (5)  a statement that the court visitor has personally
  visited or observed the ward or proposed ward;
               (6)  a statement of the date of the guardian's most
  recent visit, if a guardian has been appointed;
               (7)  a recommendation as to any modification needed in
  the guardianship or proposed guardianship, including removal or
  denial of the guardianship; and
               (8)  any other information required by the court.
  (Tex. Prob. Code, Secs. 648(c), (d).)
         Sec. 1054.105.  COMPENSATION. (a) A court that operates a
  court visitor program shall use persons willing to serve as court
  visitors without compensation to the greatest extent possible.
         (b)  A court visitor who has not expressed a willingness to
  serve without compensation is entitled to reasonable compensation
  for services provided in an amount set by the court, to be taxed as
  costs in the proceeding. (Tex. Prob. Code, Secs. 648(a) (part),
  (e).)
  [Sections 1054.106-1054.150 reserved for expansion]
  SUBCHAPTER D. COURT INVESTIGATORS
         Sec. 1054.151.  INVESTIGATION OF GUARDIANSHIP APPLICATION.
  On the filing of an application for guardianship under Section
  1101.001, a court investigator shall investigate the circumstances
  alleged in the application to determine whether a less restrictive
  alternative to guardianship is appropriate. (Tex. Prob. Code, Sec.
  648A(a).)
         Sec. 1054.152.  GENERAL DUTIES. A court investigator shall:
               (1)  supervise a court visitor program established
  under Subchapter C and, in that capacity, serve as the chief court
  visitor;
               (2)  investigate a complaint received from any person
  about a guardianship and report to the judge, if necessary; and
               (3)  perform other duties as assigned by the judge or
  required by this title. (Tex. Prob. Code, Sec. 648A(b).)
         Sec. 1054.153.  INVESTIGATION REPORT. (a) A court
  investigator shall file with the court a report containing the
  court investigator's findings and conclusions after conducting an
  investigation under Section 1054.151 or 1054.152.
         (b)  In a contested case, the court investigator shall
  provide copies of the report of the court investigator's findings
  and conclusions to the attorneys for the parties before the earlier
  of:
               (1)  the seventh day after the date the court
  investigator completes the report; or
               (2)  the 10th day before the date the trial is scheduled
  to begin.
         (c)  Disclosure to a jury of the contents of a court
  investigator's report is subject to the Texas Rules of Evidence.
  (Tex. Prob. Code, Sec. 648A(c).)
         Sec. 1054.154.  EFFECT OF SUBCHAPTER ON OTHER LAW. Nothing
  in this subchapter supersedes any duty or obligation of another to
  report or investigate abuse or neglect under any statute of this
  state. (Tex. Prob. Code, Sec. 648A(d).)
  [Sections 1054.155-1054.200 reserved for expansion]
  SUBCHAPTER E. QUALIFICATIONS TO SERVE AS COURT-APPOINTED ATTORNEY
         Sec. 1054.201.  CERTIFICATION REQUIRED. (a)  A
  court-appointed attorney in a guardianship proceeding, including
  an attorney ad litem, must be certified by the State Bar of Texas,
  or a person or other entity designated by the state bar, as having
  successfully completed a course of study in guardianship law and
  procedure sponsored by the state bar or the state bar's designee.
         (b)  The State Bar of Texas shall require three hours of
  credit for certification under this subchapter.  (Tex. Prob. Code,
  Secs. 646(b), 647A(a), (b).)
         Sec. 1054.202.  CERTIFICATE EXPIRATION. (a)  Except as
  provided by Subsection (b), a certificate issued under this
  subchapter expires on the second anniversary of the date the
  certificate is issued.
         (b)  A new certificate obtained by a person to whom a
  certificate under this subchapter was previously issued expires on
  the fourth anniversary of the date the new certificate is issued if
  the person has been certified each of the four years immediately
  preceding the date the new certificate is issued. (Tex. Prob. Code,
  Secs. 647A(c), (e).)
         Sec. 1054.203.  ELIGIBILITY FOR APPOINTMENT ON EXPIRATION OF
  CERTIFICATE. An attorney whose certificate issued under this
  subchapter has expired must obtain a new certificate to be eligible
  for appointment by a court to represent a person at a guardianship
  proceeding, including as an attorney ad litem. (Tex. Prob. Code, Secs. 646(c), 647A(d).)
 
  CHAPTER 1055. TRIAL AND HEARING MATTERS
  SUBCHAPTER A. STANDING AND PLEADINGS
  Sec. 1055.001.  STANDING TO COMMENCE OR CONTEST
                   PROCEEDING 
  Sec. 1055.002.  DEFECT IN PLEADING 
  [Sections 1055.003-1055.050 reserved for expansion]
  SUBCHAPTER B.  TRIAL AND HEARING
  Sec. 1055.051.  HEARING BY SUBMISSION 
  Sec. 1055.052.  TRIAL BY JURY 
  [Sections 1055.053-1055.100 reserved for expansion]
  SUBCHAPTER C. EVIDENCE
  Sec. 1055.101.  APPLICABILITY OF CERTAIN RULES RELATING
                   TO WITNESSES AND EVIDENCE 
  Sec. 1055.102.  USE OF CERTAIN RECORDS AS EVIDENCE 
  CHAPTER 1055. TRIAL AND HEARING MATTERS
  SUBCHAPTER A. STANDING AND PLEADINGS
         Sec. 1055.001.  STANDING TO COMMENCE OR CONTEST PROCEEDING.  
  (a)  Except as provided by Subsection (b), any person has the right
  to:
               (1)  commence a guardianship proceeding, including a
  proceeding for complete restoration of a ward's capacity or
  modification of a ward's guardianship; or
               (2)  appear and contest a guardianship proceeding or
  the appointment of a particular person as guardian.
         (b)  A person who has an interest that is adverse to a
  proposed ward or incapacitated person may not:
               (1)  file an application to create a guardianship for
  the proposed ward or incapacitated person;
               (2)  contest the creation of a guardianship for the
  proposed ward or incapacitated person;
               (3)  contest the appointment of a person as a guardian
  of the proposed ward or incapacitated person; or
               (4)  contest an application for complete restoration of
  a ward's capacity or modification of a ward's guardianship.
         (c)  The court shall determine by motion in limine the
  standing of a person who has an interest that is adverse to a
  proposed ward or incapacitated person.  (Tex. Prob. Code, Sec.
  642.)
         Sec. 1055.002.  DEFECT IN PLEADING. A court may not
  invalidate a pleading in a guardianship matter, or an order based on
  the pleading, on the basis of a defect of form or substance in the
  pleading unless a timely objection has been made against the defect
  and the defect has been called to the attention of the court in
  which the proceeding was or is pending.  (Tex. Prob. Code, Sec.
  641.)
  [Sections 1055.003-1055.050 reserved for expansion]
  SUBCHAPTER B.  TRIAL AND HEARING
         Sec. 1055.051.  HEARING BY SUBMISSION. (a)  A court may
  consider by submission a motion or application filed under this
  title unless the proceeding is:
               (1)  contested; or
               (2)  an application for the appointment of a guardian.
         (b)  The party seeking relief under a motion or application
  being considered by the court on submission has the burden of proof
  at the hearing.
         (c)  The court may consider a person's failure to file a
  response to a motion or application that may be considered on
  submission as a representation that the person does not oppose the
  motion or application.
         (d)  A person's request for oral argument is not a response
  to a motion or application under this section.
         (e)  The court, on the court's own motion, may order oral
  argument on a motion or application that may be considered by
  submission.  (Tex. Prob. Code, Sec. 644.)
         Sec. 1055.052.  TRIAL BY JURY.  A party in a contested
  guardianship proceeding is entitled to a jury trial on request.  
  (Tex. Prob. Code, Sec. 643.)
  [Sections 1055.053-1055.100 reserved for expansion]
  SUBCHAPTER C. EVIDENCE
         Sec. 1055.101.  APPLICABILITY OF CERTAIN RULES RELATING TO
  WITNESSES AND EVIDENCE.  The rules relating to witnesses and
  evidence that apply in the district court apply in a guardianship
  proceeding to the extent practicable.  (Tex. Prob. Code, Sec. 649
  (part).)
         Sec. 1055.102.  USE OF CERTAIN RECORDS AS EVIDENCE.  The
  following are admissible as evidence in any court of this state:
               (1)  record books described by Sections 1052.001,
  1052.002, and 1052.003 and individual case files described by
  Section 1052.052, including records maintained in a manner allowed
  under Section 1052.004; and
               (2)  certified copies or reproductions of the records. (Tex. Prob. Code, Sec. 628.)
 
  CHAPTER 1056. EXECUTION, ATTACHMENT, AND BILL OF REVIEW
  SUBCHAPTER A. EXECUTION
  Sec. 1056.001.  EXECUTIONS IN GUARDIANSHIP MATTERS 
  [Sections 1056.002-1056.050 reserved for expansion]
  SUBCHAPTER B. ATTACHMENT OF ESTATE PROPERTY
  Sec. 1056.051.  ORDER FOR ISSUANCE OF WRIT OF
                   ATTACHMENT 
  Sec. 1056.052.  BOND 
  [Sections 1056.053-1056.100 reserved for expansion]
  SUBCHAPTER C. BILL OF REVIEW
  Sec. 1056.101.  REVISION AND CORRECTION OF ORDER OR
                   JUDGMENT IN GUARDIANSHIP PROCEEDING 
  Sec. 1056.102.  INJUNCTION 
  CHAPTER 1056. EXECUTION, ATTACHMENT, AND BILL OF REVIEW
  SUBCHAPTER A. EXECUTION
         Sec. 1056.001.  EXECUTIONS IN GUARDIANSHIP MATTERS. (a) An
  execution in a guardianship matter must be:
               (1)  directed "to any sheriff or any constable within
  the State of Texas";
               (2)  attested and signed by the clerk officially under
  court seal; and
               (3)  made returnable in 60 days.
         (b)  A proceeding under an execution in a guardianship matter
  is governed, to the extent applicable, by the laws regulating a
  proceeding under an execution issued by a district court.
         (c)  Notwithstanding Subsection (a), an execution directed
  to the sheriff or a constable of a specific county in this state may
  not be held defective if properly executed within that county by the
  sheriff or constable to whom the execution is directed. (Tex. Prob.
  Code, Sec. 653.)
  [Sections 1056.002-1056.050 reserved for expansion]
  SUBCHAPTER B. ATTACHMENT OF ESTATE PROPERTY
         Sec. 1056.051.  ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT.
  (a) If a person interested in the estate of an incapacitated person
  files with the judge a written complaint made under oath alleging
  that the guardian is about to remove the estate or a part of the
  estate outside of the state, the judge may order a writ of
  attachment to issue, directed "to any sheriff or any constable
  within the State of Texas." The writ must order the sheriff or
  constable to:
               (1)  seize the estate or a part of the estate; and
               (2)  hold that property subject to further court order.
         (b)  Notwithstanding Subsection (a), a writ of attachment
  directed to the sheriff or constable of a specific county in this
  state is not defective if the writ was properly executed within that
  county by the sheriff or constable to whom the writ is directed.
  (Tex. Prob. Code, Sec. 654 (part).)
         Sec. 1056.052.  BOND. Before a judge may issue a writ of
  attachment ordered under Section 1056.051, the complainant must
  execute a bond that is:
               (1)  payable to the guardian of the estate;
               (2)  in an amount set by the judge; and
               (3)  conditioned on the payment of all damages and
  costs that are recovered for a wrongful suit out of the writ. (Tex.
  Prob. Code, Sec. 654 (part).)
  [Sections 1056.053-1056.100 reserved for expansion]
  SUBCHAPTER C. BILL OF REVIEW
         Sec. 1056.101.  REVISION AND CORRECTION OF ORDER OR JUDGMENT
  IN GUARDIANSHIP PROCEEDING. (a) An interested person, including a
  ward, may, by a bill of review filed in the court in which the
  guardianship proceeding was held, have an order or judgment
  rendered by the court revised and corrected on a showing of error in
  the order or judgment.
         (b)  Except as provided by Subsection (c), a bill of review
  to revise and correct an order or judgment may not be filed more
  than two years after the date of the order or judgment.
         (c)  A bill of review to revise and correct an order or
  judgment filed by a person whose disability has been removed must be
  filed not later than the second anniversary of the date the person's
  disability was removed.  (Tex. Prob. Code, Sec. 657 (part).)
         Sec. 1056.102.  INJUNCTION. A process or action under a
  court order or judgment subject to a bill of review filed under
  Section 1056.101 may be stayed only by writ of injunction. (Tex. Prob. Code, Sec. 657 (part).)
 
  CHAPTER 1057. CHANGE AND RESIGNATION OF RESIDENT AGENT OF
  GUARDIAN FOR SERVICE OF PROCESS
  Sec. 1057.001.  CHANGE OF RESIDENT AGENT 
  Sec. 1057.002.  RESIGNATION OF RESIDENT AGENT 
  CHAPTER 1057. CHANGE AND RESIGNATION OF RESIDENT AGENT OF
  GUARDIAN FOR SERVICE OF PROCESS
         Sec. 1057.001.  CHANGE OF RESIDENT AGENT. (a)  A guardian
  may change the guardian's resident agent to accept service of
  process in a guardianship proceeding or other matter relating to
  the guardianship by filing with the court in which the guardianship
  proceeding is pending a statement titled "Designation of Successor
  Resident Agent" that states the names and addresses of:
               (1)  the guardian;
               (2)  the resident agent; and
               (3)  the successor resident agent.
         (b)  The designation of a successor resident agent takes
  effect on the date the statement is filed with the court. (Tex.
  Prob. Code, Sec. 760A.)
         Sec. 1057.002.  RESIGNATION OF RESIDENT AGENT. (a)  A
  resident agent of a guardian may resign as resident agent by giving
  notice to the guardian and filing with the court in which the
  guardianship proceeding is pending a statement titled "Resignation
  of Resident Agent" that states:
               (1)  the name of the guardian;
               (2)  the guardian's address most recently known by the
  resident agent;
               (3)  that notice of the resignation has been given to
  the guardian and the date that notice was given; and
               (4)  that the guardian does not have a resident agent.
         (b)  The resident agent shall send, by certified mail, return
  receipt requested, a copy of a resignation statement filed under
  Subsection (a) to:
               (1)  the guardian at the address most recently known by
  the resident agent; and
               (2)  each party in the case or the party's attorney or
  other designated representative of record.
         (c)  The resignation of the resident agent takes effect on
  the date the court enters an order accepting the resignation. A
  court may not enter an order accepting the resignation unless the
  resident agent complies with this section. (Tex. Prob. Code, Sec.
  760B.)
  [Chapters 1058-1100 reserved for expansion]
 
  CHAPTER 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN
  SUBCHAPTER A. INITIATION OF PROCEEDING FOR APPOINTMENT OF GUARDIAN
  Sec. 1101.001.  APPLICATION FOR APPOINTMENT OF
                   GUARDIAN;  CONTENTS 
  [Sections 1101.002-1101.050 reserved for expansion]
  SUBCHAPTER B.  HEARING; JURY TRIAL
  Sec. 1101.051.  HEARING 
  Sec. 1101.052.  JURY TRIAL 
  Sec. 1101.053.  PROVISION OF RECORDS REQUIRED; USE OF
                   RECORDS 
  [Sections 1101.054-1101.100 reserved for expansion]
  SUBCHAPTER C. DETERMINATION OF NECESSITY OF GUARDIANSHIP; FINDINGS
  AND PROOF
  Sec. 1101.101.  FINDINGS AND PROOF REQUIRED 
  Sec. 1101.102.  DETERMINATION OF INCAPACITY OF CERTAIN
                   ADULTS: RECURRING ACTS OR OCCURRENCES 
  Sec. 1101.103.  DETERMINATION OF INCAPACITY OF CERTAIN
                   ADULTS: PHYSICIAN EXAMINATION 
  Sec. 1101.104.  EXAMINATIONS AND DOCUMENTATION
                   REGARDING MENTAL RETARDATION 
  Sec. 1101.105.  PROHIBITION AGAINST CONSIDERATION OF
                   AGE AS SOLE FACTOR IN APPOINTMENT OF
                   GUARDIAN FOR ADULTS 
  Sec. 1101.106.  EVIDENCE OF NECESSITY OF GUARDIANSHIP
                   TO RECEIVE GOVERNMENTAL FUNDS 
  [Sections 1101.107-1101.150 reserved for expansion]
  SUBCHAPTER D. COURT ACTION
  Sec. 1101.151.  ORDER APPOINTING GUARDIAN WITH FULL
                   AUTHORITY 
  Sec. 1101.152.  ORDER APPOINTING GUARDIAN WITH LIMITED
                   AUTHORITY 
  Sec. 1101.153.  GENERAL CONTENTS OF ORDER APPOINTING
                   GUARDIAN 
  Sec. 1101.154.  APPOINTMENT OF GUARDIAN OF ESTATE FOR
                   CERTAIN MINORS PROHIBITED 
  Sec. 1101.155.  DISMISSAL OF APPLICATION 
  CHAPTER 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN
  SUBCHAPTER A. INITIATION OF PROCEEDING FOR APPOINTMENT OF GUARDIAN
         Sec. 1101.001.  APPLICATION FOR APPOINTMENT OF
  GUARDIAN;  CONTENTS. (a)  Any person may commence a proceeding for
  the appointment of a guardian by filing a written application in a
  court having jurisdiction and venue.  
         (b)  The application must be sworn to by the applicant and
  state:
               (1)  the proposed ward's name, sex, date of birth, and
  address;
               (2)  the name, relationship, and address of the person
  the applicant seeks to have appointed as guardian;
               (3)  whether guardianship of the person or estate, or
  both, is sought;
               (4)  the nature and degree of the alleged incapacity,
  the specific areas of protection and assistance requested, and the
  limitation or termination of rights requested to be included in the
  court's order of appointment, including a termination of:
                     (A)  the right of a proposed ward who is 18 years
  of age or older to vote in a public election; and
                     (B)  the proposed ward's eligibility to hold or
  obtain a license to operate a motor vehicle under Chapter 521,
  Transportation Code;
               (5)  the facts requiring the appointment of a guardian;
               (6)  the interest of the applicant in the appointment
  of a guardian;
               (7)  the nature and description of any kind of
  guardianship existing for the proposed ward in any other state;
               (8)  the name and address of any person or institution
  having the care and custody of the proposed ward;
               (9)  the approximate value and description of the
  proposed ward's property, including any compensation, pension,
  insurance, or allowance to which the proposed ward may be entitled;
               (10)  the name and address of any person whom the
  applicant knows to hold a power of attorney signed by the proposed
  ward and a description of the type of power of attorney;
               (11)  for a proposed ward who is a minor, the following
  information if known by the applicant:
                     (A)  the name of each of the proposed ward's
  parents and either the parent's address or that the parent is
  deceased;
                     (B)  the name and age of each of the proposed
  ward's siblings, if any, and either the sibling's address or that
  the sibling is deceased; and
                     (C)  if each of the proposed ward's parents and
  siblings are deceased, the names and addresses of the proposed
  ward's next of kin who are adults;
               (12)  for a proposed ward who is a minor, whether the
  minor was the subject of a legal or conservatorship proceeding in
  the preceding two years and, if so:
                     (A)  the court involved;
                     (B)  the nature of the proceeding; and
                     (C)  any final disposition of the proceeding;
               (13)  for a proposed ward who is an adult, the following
  information if known by the applicant:
                     (A)  the name of the proposed ward's spouse, if
  any, and either the spouse's address or that the spouse is deceased;
                     (B)  the name of each of the proposed ward's
  parents and either the parent's address or that the parent is
  deceased;
                     (C)  the name and age of each of the proposed
  ward's siblings, if any, and either the sibling's address or that
  the sibling is deceased;
                     (D)  the name and age of each of the proposed
  ward's children, if any, and either the child's address or that the
  child is deceased; and
                     (E)  if there is no living spouse, parent, adult
  sibling, or adult child of the proposed ward, the names and
  addresses of the proposed ward's next of kin who are adults;
               (14)  facts showing that the court has venue of the
  proceeding; and
               (15)  if applicable, that the person whom the applicant
  seeks to have appointed as a guardian is a private professional
  guardian who is certified under Subchapter C, Chapter 111,
  Government Code, and has complied with the requirements of
  Subchapter G, Chapter 1104. (Tex. Prob. Code, Sec. 682.)
  [Sections 1101.002-1101.050 reserved for expansion]
  SUBCHAPTER B.  HEARING; JURY TRIAL
         Sec. 1101.051.  HEARING. (a)  At a hearing for the
  appointment of a guardian, the court shall:
               (1)  inquire into the ability of any allegedly
  incapacitated adult to:
                     (A)  feed, clothe, and shelter himself or herself;
                     (B)  care for his or her own physical health; and
                     (C)  manage his or her property or financial
  affairs;
               (2)  ascertain the age of any proposed ward who is a
  minor;
               (3)  inquire into the governmental reports for any
  person who must have a guardian appointed to receive funds due the
  person from any governmental source; and
               (4)  inquire into the qualifications, abilities, and
  capabilities of the person seeking to be appointed guardian.
         (b)  A proposed ward must be present at the hearing unless
  the court, on the record or in the order, determines that a personal
  appearance is not necessary.
         (c)  The court may close the hearing at the request of the
  proposed ward or the proposed ward's counsel.  (Tex. Prob. Code,
  Secs. 685(a), (c).)
         Sec. 1101.052.  JURY TRIAL. A proposed ward is entitled to a
  jury trial on request.  (Tex. Prob. Code, Sec. 685(b).)
         Sec. 1101.053.  PROVISION OF RECORDS REQUIRED; USE OF
  RECORDS. (a) Before a hearing may be held for the appointment of a
  guardian, current and relevant medical, psychological, and
  intellectual testing records of the proposed ward must be provided
  to the attorney ad litem appointed to represent the proposed ward
  unless:
               (1)  the proposed ward is a minor or a person who must
  have a guardian appointed to receive funds due the person from any
  governmental source; or
               (2)  the court makes a finding on the record that:
                     (A)  current or relevant records do not exist; and
                     (B)  examining the proposed ward for the purpose
  of creating the records is impractical.
         (b)  Current medical, psychological, and intellectual
  testing records are a sufficient basis for a determination of
  guardianship.
         (c)  The findings and recommendations contained in the
  medical, psychological, and intellectual testing records are not
  binding on the court. (Tex. Prob. Code, Sec. 686.)
  [Sections 1101.054-1101.100 reserved for expansion]
  SUBCHAPTER C. DETERMINATION OF NECESSITY OF GUARDIANSHIP; FINDINGS
  AND PROOF
         Sec. 1101.101.  FINDINGS AND PROOF REQUIRED. (a)  Before
  appointing a guardian for a proposed ward, the court must:
               (1)  find by clear and convincing evidence that:
                     (A)  the proposed ward is an incapacitated person;
                     (B)  it is in the proposed ward's best interest to
  have the court appoint a person as the proposed ward's guardian; and
                     (C)  the proposed ward's rights or property will
  be protected by the appointment of a guardian; and
               (2)  find by a preponderance of the evidence that:
                     (A)  the court has venue of the case;
                     (B)  the person to be appointed guardian is
  eligible to act as guardian and is entitled to appointment, or, if
  no eligible person entitled to appointment applies, the person
  appointed is a proper person to act as guardian;
                     (C)  if a guardian is appointed for a minor, the
  guardianship is not created for the primary purpose of enabling the
  minor to establish residency for enrollment in a school or school
  district for which the minor is not otherwise eligible for
  enrollment; and
                     (D)  the proposed ward:
                           (i)  is totally without capacity as provided
  by this title to care for himself or herself and to manage his or her
  property; or
                           (ii)  lacks the capacity to do some, but not
  all, of the tasks necessary to care for himself or herself or to
  manage his or her property.
         (b)  The court may not grant an application to create a
  guardianship unless the applicant proves each element required by
  this title.  (Tex. Prob. Code, Secs. 684(a), (b), (c) (part).)
         Sec. 1101.102.  DETERMINATION OF INCAPACITY OF CERTAIN
  ADULTS: RECURRING ACTS OR OCCURRENCES. A determination of
  incapacity of an adult proposed ward, other than a person who must
  have a guardian appointed to receive funds due the person from any
  governmental source, must be evidenced by recurring acts or
  occurrences in the preceding six months and not by isolated
  instances of negligence or bad judgment.  (Tex. Prob. Code, Sec.
  684(c) (part).)
         Sec. 1101.103.  DETERMINATION OF INCAPACITY OF CERTAIN
  ADULTS: PHYSICIAN EXAMINATION. (a)  Except as provided by Section
  1101.104, the court may not grant an application to create a
  guardianship for an incapacitated person, other than a minor or
  person for whom it is necessary to have a guardian appointed only to
  receive funds from a governmental source, unless the applicant
  presents to the court a written letter or certificate from a
  physician licensed in this state that is:
               (1)  dated not earlier than the 120th day before the
  date the application is filed; and
               (2)  based on an examination the physician performed
  not earlier than the 120th day before the date the application is
  filed.
         (b)  The letter or certificate must:
               (1)  describe the nature, degree, and severity of the
  proposed ward's incapacity, including any functional deficits
  regarding the proposed ward's ability to:
                     (A)  handle business and managerial matters;
                     (B)  manage financial matters;
                     (C)  operate a motor vehicle;
                     (D)  make personal decisions regarding residence,
  voting, and marriage; and
                     (E)  consent to medical, dental, psychological,
  or psychiatric treatment;
               (2)  in providing a description under Subdivision (1)
  regarding the proposed ward's ability to operate a motor vehicle
  and make personal decisions regarding voting, state whether in the
  physician's opinion the proposed ward:
                     (A)  has the mental capacity to vote in a public
  election; and
                     (B)  has the ability to safely operate a motor
  vehicle;
               (3)  provide an evaluation of the proposed ward's
  physical condition and mental function and summarize the proposed
  ward's medical history if reasonably available;
               (4)  state how or in what manner the proposed ward's
  ability to make or communicate responsible decisions concerning
  himself or herself is affected by the proposed ward's physical or
  mental health, including the proposed ward's ability to:
                     (A)  understand or communicate;
                     (B)  recognize familiar objects and individuals;
                     (C)  perform simple calculations;
                     (D)  reason logically; and
                     (E)  administer to daily life activities;
               (5)  state whether any current medication affects the
  proposed ward's demeanor or the proposed ward's ability to
  participate fully in a court proceeding;
               (6)  describe the precise physical and mental
  conditions underlying a diagnosis of a mental disability, and state
  whether the proposed ward would benefit from supports and services
  that would allow the individual to live in the least restrictive
  setting; and
               (7)  include any other information required by the
  court.
         (c)  If the court determines it is necessary, the court may
  appoint the necessary physicians to examine the proposed ward. The
  court must make its determination with respect to the necessity for
  a physician's examination of the proposed ward at a hearing held for
  that purpose.  Not later than the fourth day before the date of the
  hearing, the applicant shall give to the proposed ward and the
  proposed ward's attorney ad litem written notice specifying the
  purpose and the date and time of the hearing.
         (d)  A physician who examines the proposed ward, other than a
  physician or psychologist who examines the proposed ward under
  Section 1101.104(2), shall make available for inspection by the
  attorney ad litem appointed to represent the proposed ward a
  written letter or certificate from the physician that complies with
  the requirements of Subsections (a) and (b).  (Tex. Prob. Code,
  Secs. 687(a), (b).)
         Sec. 1101.104.  EXAMINATIONS AND DOCUMENTATION REGARDING
  MENTAL RETARDATION.  If mental retardation is the basis of the
  proposed ward's alleged incapacity, the court may not grant an
  application to create a guardianship for the proposed ward unless
  the applicant presents to the court:
               (1)  a written letter or certificate that:
                     (A)  complies with Sections 1101.103(a) and (b);
  and
                     (B)  states that the physician has made a
  determination of mental retardation in accordance with Section
  593.005, Health and Safety Code; or
               (2)  both:
                     (A)  written documentation showing that, not
  earlier than 24 months before the hearing date, the proposed ward
  has been examined by a physician or psychologist licensed in this
  state or certified by the Department of Aging and Disability
  Services to perform the examination, in accordance with rules of
  the executive commissioner of the Health and Human Services
  Commission governing examinations of that kind; and
                     (B)  the physician's or psychologist's written
  findings and recommendations, including a statement as to whether
  the physician or psychologist has made a determination of mental
  retardation in accordance with Section 593.005, Health and Safety
  Code.  (Tex. Prob. Code, Sec. 687(c).)
         Sec. 1101.105.  PROHIBITION AGAINST CONSIDERATION OF AGE AS
  SOLE FACTOR IN APPOINTMENT OF GUARDIAN FOR ADULTS. In determining
  whether to appoint a guardian for an incapacitated person who is not
  a minor, the court may not use age as the sole factor.  (Tex. Prob.
  Code, Sec. 602 (part).)
         Sec. 1101.106.  EVIDENCE OF NECESSITY OF GUARDIANSHIP TO
  RECEIVE GOVERNMENTAL FUNDS. A certificate of the executive head or
  a representative of a bureau, department, or agency of the
  government, to the effect that the appointment of a guardian is a
  condition precedent to the payment of any funds due the proposed
  ward from that governmental entity, is prima facie evidence of the
  necessity for the appointment of a guardian.  (Tex. Prob. Code, Sec.
  684(e).)
  [Sections 1101.107-1101.150 reserved for expansion]
  SUBCHAPTER D. COURT ACTION
         Sec. 1101.151.  ORDER APPOINTING GUARDIAN WITH FULL
  AUTHORITY.  (a)  If it is found that the proposed ward is totally
  without capacity to care for himself or herself, manage his or her
  property, operate a motor vehicle, and vote in a  public election,
  the court may appoint a guardian of the proposed ward's person or
  estate, or both, with full authority over the incapacitated person
  except as provided by law.
         (b)  An order appointing a guardian under this section must
  contain findings of fact and specify:
               (1)  the information required by Section 1101.153(a);
               (2)  that the guardian has full authority over the
  incapacitated person;
               (3)  if necessary, the amount of funds from the corpus
  of the person's estate the court will allow the guardian to spend
  for the education and maintenance of the person under Subchapter A,
  Chapter 1156;
               (4)  whether the person is totally incapacitated
  because of a mental condition; and
               (5)  that the person does not have the capacity to
  operate a motor vehicle and to vote in a public election.  (Tex.
  Prob. Code, Sec. 693(a).)
         Sec. 1101.152.  ORDER APPOINTING GUARDIAN WITH LIMITED
  AUTHORITY.  (a)  If it is found that the proposed ward lacks the
  capacity to do some, but not all, of the tasks necessary to care for
  himself or herself or to manage his or her property, the court may
  appoint a guardian with limited powers and permit the proposed ward
  to care for himself or herself or to manage his or her property
  commensurate with the proposed ward's ability.
         (b)  An order appointing a guardian under this section must
  contain findings of fact and specify:
               (1)  the information required by Section 1101.153(a);
               (2)  the specific powers, limitations, or duties of the
  guardian with respect to the person's care or the management of the
  person's property by the guardian;
               (3)  if necessary, the amount of funds from the corpus
  of the person's estate the court will allow the guardian to spend
  for the education and maintenance of the person under Subchapter A,
  Chapter 1156; and
               (4)  whether the person is incapacitated because of a
  mental condition and, if so, whether the person retains the right to
  vote in a public election or maintains eligibility to hold or obtain
  a license to operate a motor vehicle under Chapter 521,
  Transportation Code.  (Tex. Prob. Code, Sec. 693(b).)
         Sec. 1101.153.  GENERAL CONTENTS OF ORDER APPOINTING
  GUARDIAN.  (a)  A court order appointing a guardian must specify:
               (1)  the name of the person appointed;
               (2)  the name of the ward;
               (3)  whether the guardian is of the person or estate of
  the ward, or both;
               (4)  the amount of any bond required;
               (5)  if it is a guardianship of the estate of the ward
  and the court considers an appraisal to be necessary, one, two, or
  three disinterested persons to appraise the estate and to return
  the appraisement to the court; and
               (6)  that the clerk will issue letters of guardianship
  to the person appointed when the person has qualified according to
  law.
         (b)  An order appointing a guardian may not duplicate or
  conflict with the powers and duties of any other guardian.
         (c)  An order appointing a guardian or a successor guardian
  may specify as authorized by Section 1202.001(c) a period during
  which a petition for adjudication that the ward no longer requires
  the guardianship may not be filed without special leave. (Tex.
  Prob. Code, Secs. 693(c), (d), (e).)
         Sec. 1101.154.  APPOINTMENT OF GUARDIAN OF ESTATE FOR
  CERTAIN MINORS PROHIBITED.  A court may not appoint a guardian of
  the estate of a minor when a payment of claims is made under Chapter
  1355.  (Tex. Prob. Code, Sec. 684(d).)
         Sec. 1101.155.  DISMISSAL OF APPLICATION.   If it is found
  that a proposed ward who is an adult possesses the capacity to care
  for himself or herself and manage his or her property as would a
  reasonably prudent person, the court shall dismiss an application for guardianship. (Tex. Prob. Code, Sec. 692.)
 
  CHAPTER 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN
  Sec. 1102.001.  COURT-INITIATED INVESTIGATION 
  Sec. 1102.002.  ESTABLISHMENT OF PROBABLE CAUSE FOR
                   INVESTIGATION 
  Sec. 1102.003.  INFORMATION LETTER 
  Sec. 1102.004.  APPLICATION FOR GUARDIANSHIP FOLLOWING
                   INVESTIGATION 
  Sec. 1102.005.  COMPENSATION OF GUARDIAN AD LITEM 
  CHAPTER 1102. COURT-INITIATED PROCEDURE TO APPOINT GUARDIAN
         Sec. 1102.001.  COURT-INITIATED INVESTIGATION.  If a court
  has probable cause to believe that a person domiciled or found in
  the county in which the court is located is an incapacitated person,
  and the person does not have a guardian in this state, the court
  shall appoint a guardian ad litem or court investigator to
  investigate the person's conditions and circumstances to determine
  whether:
               (1)  the person is an incapacitated person; and
               (2)  a guardianship is necessary.  (Tex. Prob. Code,
  Sec. 683(a) (part).)
         Sec. 1102.002.  ESTABLISHMENT OF PROBABLE CAUSE FOR
  INVESTIGATION.  To establish probable cause under Section 1102.001,
  the court may require:
               (1)  an information letter about the person believed to
  be incapacitated that is submitted by an interested person and
  satisfies the requirements of Section 1102.003; or
               (2)  a written letter or certificate from a physician
  who has examined the person believed to be incapacitated that
  satisfies the requirements of Section 1101.103, except that the
  letter must be:
                     (A)  dated not earlier than the 120th day before
  the date of the appointment of a guardian ad litem or court
  investigator under Section 1102.001; and
                     (B)  based on an examination the physician
  performed not earlier than the 120th day before that date.  (Tex.
  Prob. Code, Sec. 683(b).)
         Sec. 1102.003.  INFORMATION LETTER. An information letter
  under Section 1102.002(1) about a person believed to be
  incapacitated may:
               (1)  include the person's name, address, telephone
  number, county of residence, and date of birth;
               (2)  state whether the person's residence is a private
  residence, health care facility, or other type of residence;
               (3)  describe the relationship between the person and
  the interested person submitting the letter;
               (4)  contain the names and telephone numbers of any
  known friends and relatives of the person;
               (5)  state whether a guardian of the person or estate
  has been appointed in this state for the person;
               (6)  state whether the person has executed a power of
  attorney and, if so, the designee's name, address, and telephone
  number;
               (7)  describe any property of the person, including the
  estimated value of that property;
               (8)  list the amount and source of any monthly income of
  the person;
               (9)  describe the nature and degree of the person's
  alleged incapacity; and
               (10)  state whether the person is in imminent danger of
  serious impairment to the person's physical health, safety, or
  estate.  (Tex. Prob. Code, Sec. 683A.)
         Sec. 1102.004.  APPLICATION FOR GUARDIANSHIP FOLLOWING
  INVESTIGATION.  A guardian ad litem or court investigator who,
  after an investigation as prescribed by Section 1102.001, believes
  that the person is an incapacitated person and that a guardianship
  is necessary shall file an application for the appointment of a
  guardian of the person or estate, or both, for the person.  (Tex.
  Prob. Code, Sec. 683(a) (part).)
         Sec. 1102.005.  COMPENSATION OF GUARDIAN AD LITEM. (a)  A
  court that appoints a guardian ad litem under Section 1102.001 may
  authorize compensation of the guardian ad litem from available
  funds of the proposed ward's estate, regardless of whether a
  guardianship is created for the proposed ward.
         (b)  After examining the ward's or proposed ward's assets and
  determining that the ward or proposed ward is unable to pay for
  services provided by the guardian ad litem, the court may authorize
  compensation from the county treasury.  (Tex. Prob. Code, Sec. 683(c).)
 
  CHAPTER 1103. PROCEDURE TO APPOINT GUARDIAN FOR CERTAIN MINORS
  REQUIRING GUARDIANSHIPS AS ADULTS
  Sec. 1103.001.  APPLICATION FOR APPOINTMENT OF GUARDIAN 
  Sec. 1103.002.  APPOINTMENT OF CONSERVATOR AS GUARDIAN
                   WITHOUT HEARING 
  Sec. 1103.003.  EFFECTIVE DATE OF GUARDIANSHIP 
  Sec. 1103.004.  SETTLEMENT AND CLOSING OF PRIOR
                   GUARDIANSHIP 
  CHAPTER 1103. PROCEDURE TO APPOINT GUARDIAN FOR CERTAIN MINORS
  REQUIRING GUARDIANSHIPS AS ADULTS
         Sec. 1103.001.  APPLICATION FOR APPOINTMENT OF GUARDIAN.
  Not earlier than the 180th day before the proposed ward's 18th
  birthday, a person may file an application under Section 1101.001
  for the appointment of a guardian of the person or estate, or both,
  of a proposed ward who:
               (1)  is a minor; and
               (2)  because of incapacity will require a guardianship
  after the proposed ward is no longer a minor. (Tex. Prob. Code, Sec.
  682A(a) (part).)
         Sec. 1103.002.  APPOINTMENT OF CONSERVATOR AS GUARDIAN
  WITHOUT HEARING. (a)  Notwithstanding any other law, if the
  applicant who files an application under Section 1101.001 or
  1103.001 is a person who was appointed conservator of a disabled
  child for whom a court obtains jurisdiction under Section 606(k),
  the applicant may present to the court a written letter or
  certificate that meets the requirements of Sections 1101.103(a) and
  (b).
         (b)  If, on receipt of the letter or certificate described by
  Subsection (a), the court is able to make the findings required by
  Section 1101.101, the court, notwithstanding Subchapter C, Chapter
  1104, shall:
               (1)  appoint the conservator as guardian without
  conducting a hearing; and
               (2)  to the extent possible preserve the terms of
  possession and access to the ward that applied before the court
  obtained jurisdiction under Section 606(k). (Tex. Prob. Code, Secs.
  682A(a-1), (a-2).)
         Sec. 1103.003.  EFFECTIVE DATE OF GUARDIANSHIP. If the
  application filed under Section 1103.001 is heard before the
  proposed ward's 18th birthday, a guardianship created under this
  chapter may not take effect and the person appointed guardian may
  not take the oath as required under Section 1105.051 or give a bond
  as required under Section 1105.101 until the proposed ward's 18th
  birthday.  (Tex. Prob. Code, Sec. 682A(a) (part).)
         Sec. 1103.004.  SETTLEMENT AND CLOSING OF PRIOR
  GUARDIANSHIP.  Notwithstanding Section 1202.001(b), the
  guardianship of the person of a minor who is the subject of an
  application for the appointment of a guardian of the person filed
  under Section 1103.001 is settled and closed when:
               (1)  the court, after a hearing on the application,
  determines that the appointment of a guardian of the person for the
  proposed ward is not necessary; or
               (2)  the guardian appointed by the court, after a
  hearing on the application, has qualified under Section 1105.002. (Tex. Prob. Code, Sec. 682A(b).)
 
  CHAPTER 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN
  SUBCHAPTER A. GENERAL PROVISIONS RELATING TO APPOINTMENT OF
  GUARDIAN
  Sec. 1104.001.  GUARDIAN OF THE PERSON OR ESTATE 
  Sec. 1104.002.  PREFERENCE OF INCAPACITATED PERSON 
  [Sections 1104.003-1104.050 reserved for expansion]
  SUBCHAPTER B. SELECTION OF GUARDIAN FOR MINOR
  Sec. 1104.051.  GUARDIAN OF MINOR CHILDREN 
  Sec. 1104.052.  GUARDIAN FOR MINOR ORPHAN 
  Sec. 1104.053.  GUARDIAN DESIGNATED BY WILL OR WRITTEN
                   DECLARATION 
  Sec. 1104.054.  SELECTION OF GUARDIAN BY MINOR 
  [Sections 1104.055-1104.100 reserved for expansion]
  SUBCHAPTER C. SELECTION OF GUARDIAN FOR INCAPACITATED PERSON OTHER
  THAN MINOR
  Sec. 1104.101.  APPOINTMENT ACCORDING TO CIRCUMSTANCES
                   AND BEST INTERESTS 
  Sec. 1104.102.  APPOINTMENT PREFERENCES 
  Sec. 1104.103.  DESIGNATION OF GUARDIAN BY WILL OR
                   WRITTEN DECLARATION 
  [Sections 1104.104-1104.150 reserved for expansion]
  SUBCHAPTER D. WRITTEN DECLARATION BY CERTAIN PARENTS TO APPOINT
  GUARDIAN FOR THEIR CHILDREN
  Sec. 1104.151.  DEFINITIONS 
  Sec. 1104.152.  REQUIREMENTS FOR DECLARATION 
  Sec. 1104.153.  FORM AND CONTENT OF DECLARATION AND
                   SELF-PROVING AFFIDAVIT 
  Sec. 1104.154.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT 
  Sec. 1104.155.  ALTERNATE SELF-PROVING OF DECLARATION 
  Sec. 1104.156.  FILING OF DECLARATION AND SELF-PROVING
                   AFFIDAVIT 
  Sec. 1104.157.  PROOF OF DECLARATION 
  Sec. 1104.158.  PRIMA FACIE EVIDENCE 
  Sec. 1104.159.  REVOCATION OF DECLARATION 
  Sec. 1104.160.  ALTERNATE OR OTHER COURT-APPOINTED
                   GUARDIAN 
  [Sections 1104.161-1104.200 reserved for expansion]
  SUBCHAPTER E. WRITTEN DECLARATION TO DESIGNATE GUARDIAN BEFORE
  NEED ARISES
  Sec. 1104.201.  DEFINITIONS 
  Sec. 1104.202.  DESIGNATION OF GUARDIAN FOR DECLARANT 
  Sec. 1104.203.  REQUIREMENTS FOR DECLARATION 
  Sec. 1104.204.  FORM AND CONTENT OF DECLARATION AND
                   SELF-PROVING AFFIDAVIT 
  Sec. 1104.205.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT 
  Sec. 1104.206.  ALTERNATE SELF-PROVING OF DECLARATION 
  Sec. 1104.207.  FILING OF DECLARATION AND SELF-PROVING
                   AFFIDAVIT 
  Sec. 1104.208.  PROOF OF DECLARATION 
  Sec. 1104.209.  PRIMA FACIE EVIDENCE 
  Sec. 1104.210.  REVOCATION OF DECLARATION 
  Sec. 1104.211.  EFFECT OF DIVORCE ON DESIGNATION OF
                   SPOUSE 
  Sec. 1104.212.  ALTERNATE OR OTHER COURT-APPOINTED
                   GUARDIAN 
  [Sections 1104.213-1104.250 reserved for expansion]
  SUBCHAPTER F. CERTIFICATION REQUIREMENTS
  FOR CERTAIN GUARDIANS
  Sec. 1104.251.  CERTIFICATION REQUIRED FOR CERTAIN
                   GUARDIANS 
  Sec. 1104.252.  EFFECT OF PROVISIONAL CERTIFICATE 
  Sec. 1104.253.  EXCEPTION FOR FAMILY MEMBERS AND
                   FRIENDS 
  Sec. 1104.254.  EXCEPTION FOR CERTAIN VOLUNTEERS 
  Sec. 1104.255.  EXPIRATION OF CERTIFICATION 
  Sec. 1104.256.  FAILURE TO COMPLY; COURT'S DUTY TO
                   NOTIFY 
  Sec. 1104.257.  INFORMATION REGARDING SERVICES PROVIDED
                   BY GUARDIANSHIP PROGRAM 
  Sec. 1104.258.  INFORMATION REGARDING CERTAIN STATE
                   EMPLOYEES PROVIDING GUARDIANSHIP
                   SERVICES 
  [Sections 1104.259-1104.300 reserved for expansion]
  SUBCHAPTER G. PRIVATE PROFESSIONAL GUARDIANS
  Sec. 1104.301.  CERTIFICATION AND REGISTRATION REQUIRED 
  Sec. 1104.302.  ANNUAL CERTIFICATE OF REGISTRATION 
  Sec. 1104.303.  REQUIREMENTS OF APPLICATION 
  Sec. 1104.304.  TERM OF REGISTRATION; RENEWAL 
  Sec. 1104.305.  USE OF REGISTRATION INFORMATION 
  Sec. 1104.306.  USE OF NAMES AND BUSINESS ADDRESSES 
  [Sections 1104.307-1104.350 reserved for expansion]
  SUBCHAPTER H. GROUNDS FOR DISQUALIFICATION
  Sec. 1104.351.  INCAPACITY OR INEXPERIENCE 
  Sec. 1104.352.  UNSUITABILITY 
  Sec. 1104.353.  NOTORIOUSLY BAD CONDUCT; PRESUMPTION
                   CONCERNING BEST INTEREST 
  Sec. 1104.354.  CONFLICT OF INTEREST 
  Sec. 1104.355.  DISQUALIFIED IN DECLARATION 
  Sec. 1104.356.  LACK OF CERTAIN REQUIRED CERTIFICATION 
  Sec. 1104.357.  NONRESIDENT WITHOUT RESIDENT AGENT 
  [Sections 1104.358-1104.400 reserved for expansion]
  SUBCHAPTER I. ACCESS TO CRIMINAL HISTORY RECORDS
  Sec. 1104.401.  DEFINITION 
  Sec. 1104.402.  COURT CLERK'S DUTY TO OBTAIN CRIMINAL
                   HISTORY RECORD INFORMATION; AUTHORITY
                   TO CHARGE FEE 
  Sec. 1104.403.  SUBMISSION OF CRIMINAL HISTORY RECORD
                   INFORMATION BY PROPOSED GUARDIAN 
  Sec. 1104.404.  EXCEPTION FOR INFORMATION CONCERNING
                   CERTAIN PERSONS HOLDING A CERTIFICATE 
  Sec. 1104.405.  INFORMATION FOR EXCLUSIVE USE OF COURT 
  Sec. 1104.406.  DEPARTMENT'S DUTY TO OBTAIN CRIMINAL
                   HISTORY RECORD INFORMATION 
  Sec. 1104.407.  DUTY TO PROVIDE INFORMATION ON REQUEST 
  Sec. 1104.408.  INFORMATION FOR EXCLUSIVE USE OF COURT
                   OR GUARDIANSHIP CERTIFICATION BOARD 
  Sec. 1104.409.  USE OF INFORMATION BY COURT 
  Sec. 1104.410.  USE OF INFORMATION BY GUARDIANSHIP
                   CERTIFICATION BOARD 
  Sec. 1104.411.  CRIMINAL OFFENSE FOR UNAUTHORIZED
                   RELEASE OR DISCLOSURE 
  Sec. 1104.412.  EFFECT OF SUBCHAPTER ON DEPARTMENT'S
                   AUTHORITY TO OBTAIN OR USE
                   INFORMATION 
  CHAPTER 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN
  SUBCHAPTER A. GENERAL PROVISIONS RELATING TO APPOINTMENT OF
  GUARDIAN
         Sec. 1104.001.  GUARDIAN OF THE PERSON OR ESTATE. (a)  Only
  one person may be appointed as guardian of the person or estate, but
  one person may be appointed guardian of the person and another
  person may be appointed guardian of the estate, if it is in the best
  interest of the incapacitated person or ward.
         (b)  Subsection (a) does not prohibit the joint appointment,
  if the court finds it to be in the best interest of the
  incapacitated person or ward, of:
               (1)  a husband and wife;
               (2)  joint managing conservators;
               (3)  co-guardians appointed under the laws of a
  jurisdiction other than this state; or
               (4)  both parents of an adult who is incapacitated if
  the incapacitated person:
                     (A)  has not been the subject of a suit affecting
  the parent-child relationship; or
                     (B)  has been the subject of a suit affecting the
  parent-child relationship and both of the incapacitated person's
  parents were named as joint managing conservators in the suit but
  are no longer serving in that capacity. (Tex. Prob. Code, Sec.
  690.)
         Sec. 1104.002.  PREFERENCE OF INCAPACITATED PERSON. Before
  appointing a guardian, the court shall make a reasonable effort to
  consider the incapacitated person's preference of the person to be
  appointed guardian and, to the extent consistent with other
  provisions of this title, shall give due consideration to the
  preference indicated by the incapacitated person. (Tex. Prob.
  Code, Sec. 689.)
  [Sections 1104.003-1104.050 reserved for expansion]
  SUBCHAPTER B. SELECTION OF GUARDIAN FOR MINOR
         Sec. 1104.051.  GUARDIAN OF MINOR CHILDREN. (a) If the
  parents live together, both parents are the natural guardians of
  the person of the minor children by the marriage, and one of the
  parents is entitled to be appointed guardian of the children's
  estates.  If the parents disagree as to which parent should be
  appointed, the court shall make the appointment on the basis of
  which parent is better qualified to serve in that capacity.
         (b)  The rights of parents who do not live together are
  equal. The court shall assign the guardianship of their minor
  children to one parent considering only the best interests of the
  children.
         (c)  If one parent is deceased, the surviving parent is the
  natural guardian of the person of the minor children and is entitled
  to be appointed guardian of the minor children's estates. (Tex.
  Prob. Code, Sec. 676(b).)
         Sec. 1104.052.  GUARDIAN FOR MINOR ORPHAN. In appointing a
  guardian for a minor orphan:
               (1)  if the last surviving parent did not appoint a
  guardian, the nearest ascendant in the direct line of the minor is
  entitled to guardianship of both the person and the estate of the
  minor;
               (2)  if more than one ascendant exists in the same
  degree in the direct line of the minor, the court shall appoint one
  ascendant according to circumstances and considering the minor's
  best interests;
               (3)  if the minor does not have an ascendant in the
  direct line of the minor:
                     (A)  the court shall appoint the nearest of kin;
  or
                     (B)  if two or more persons are in the same degree
  of kinship to the minor, the court shall appoint one of those
  persons according to circumstances and considering the minor's best
  interests; and
               (4)  if the minor does not have a relative who is
  eligible to be guardian, or if none of the eligible persons apply to
  be guardian, the court shall appoint a qualified person as
  guardian. (Tex. Prob. Code, Sec. 676(c).)
         Sec. 1104.053.  GUARDIAN DESIGNATED BY WILL OR WRITTEN
  DECLARATION. (a) Notwithstanding Section 1104.001 or 1104.051,
  the surviving parent of a minor may by will or written declaration
  appoint any eligible person to be guardian of the person of the
  parent's minor children after the parent dies or in the event of the
  parent's incapacity.
         (b)  After the surviving parent of a minor dies or if the
  court finds the surviving parent is an incapacitated person, the
  court shall appoint the person designated in the will or
  declaration to serve as guardian of the person of the parent's minor
  children in preference to another otherwise entitled to serve as
  guardian under this title, unless the court finds that the person
  designated to serve as guardian:
               (1)  is disqualified;
               (2)  is deceased;
               (3)  refuses to serve; or
               (4)  would not serve the minor children's best
  interests.
         (c)  On compliance with this title, an eligible person is
  also entitled to be appointed guardian of the minor children's
  estates after the surviving parent dies or in the event of the
  surviving parent's incapacity. (Tex. Prob. Code, Secs. 676(d),
  (e), (f).)
         Sec. 1104.054.  SELECTION OF GUARDIAN BY MINOR. (a)
  Notwithstanding any other provision of this subchapter, if an
  application is filed for the guardianship of the person or estate,
  or both, of a minor at least 12 years of age, the minor may select
  the guardian by a writing filed with the clerk, if the court finds
  that the selection is in the minor's best interest and approves the
  selection.
         (b)  Notwithstanding any other provision of this subchapter,
  a minor at least 12 years of age may select another guardian of the
  minor's person or estate, or both, if the minor has a guardian
  appointed by the court, by will of the minor's parent, or by written
  declaration of the minor's parent, and that guardian dies, resigns,
  or is removed from guardianship. The minor must make the selection
  by filing an application in open court in person or by an attorney.
  The court shall make the appointment and revoke the letters of
  guardianship of the former guardian if the court is satisfied that:
               (1)  the person selected is suitable and competent; and
               (2)  the appointment of the person is in the minor's
  best interest. (Tex. Prob. Code, Secs. 676(a), 680.)
  [Sections 1104.055-1104.100 reserved for expansion]
  SUBCHAPTER C. SELECTION OF GUARDIAN FOR INCAPACITATED PERSON OTHER
  THAN MINOR
         Sec. 1104.101.  APPOINTMENT ACCORDING TO CIRCUMSTANCES AND
  BEST INTERESTS. The court shall appoint a guardian for an
  incapacitated person other than a minor according to the
  circumstances and considering the incapacitated person's best
  interests. (Tex. Prob. Code, Sec. 677(a) (part).)
         Sec. 1104.102.  APPOINTMENT PREFERENCES. If the court finds
  that two or more eligible persons are equally entitled to be
  appointed guardian of an incapacitated person:
               (1)  the incapacitated person's spouse is entitled to
  the guardianship in preference to any other person, if the spouse is
  one of the eligible persons;
               (2)  the eligible person nearest of kin to the
  incapacitated person is entitled to the guardianship, if the
  incapacitated person's spouse is not one of the eligible persons;
  or
               (3)  the court shall appoint the eligible person who is
  best qualified to serve as guardian if:
                     (A)  the persons entitled to serve under
  Subdivisions (1) and (2) refuse to serve;
                     (B)  two or more persons entitled to serve under
  Subdivision (2) are related in the same degree of kinship to the
  incapacitated person; or
                     (C)  neither the incapacitated person's spouse
  nor any person related to the incapacitated person is an eligible
  person. (Tex. Prob. Code, Sec. 677(a) (part).)
         Sec. 1104.103.  DESIGNATION OF GUARDIAN BY WILL OR WRITTEN
  DECLARATION. (a) The surviving parent of an adult individual who is
  an incapacitated person may, if the parent is the guardian of the
  person of the adult individual, by will or written declaration
  appoint an eligible person to serve as guardian of the person of the
  adult individual after the parent dies or in the event of the
  parent's incapacity.
         (b)  After the surviving parent dies or if the court finds
  the surviving parent has become an incapacitated person after being
  appointed the adult individual's guardian, the court shall appoint
  the person designated in the will or declaration to serve as
  guardian in preference to any other person otherwise entitled to
  serve as guardian under this title, unless the court finds that the
  person designated to serve as guardian:
               (1)  is disqualified;
               (2)  is deceased;
               (3)  refuses to serve; or
               (4)  would not serve the adult individual's best
  interests.
         (c)  On compliance with this title, the eligible person
  appointed under Subsection (b) is also entitled to be appointed
  guardian of the estate of the adult individual after the surviving
  parent dies or in the event of the surviving parent's incapacity, if
  the surviving parent is the guardian of the estate of the adult
  individual. (Tex. Prob. Code, Secs. 677(b), (c), (d).)
  [Sections 1104.104-1104.150 reserved for expansion]
  SUBCHAPTER D. WRITTEN DECLARATION BY CERTAIN PARENTS TO APPOINT
  GUARDIAN FOR THEIR CHILDREN
         Sec. 1104.151.  DEFINITIONS. In this subchapter:
               (1)  "Declaration" means a written declaration of a
  person that:
                     (A)  appoints a guardian for the person's child
  under Section 1104.053(a) or 1104.103(a); and
                     (B)  satisfies the requirements of this
  subdivision and Sections 1104.152, 1104.153, 1104.154, 1104.156,
  1104.159, and 1104.160.
               (2)  "Self-proving affidavit" means an affidavit the
  form and content of which substantially comply with the
  requirements of Section 1104.153.
               (3)  "Self-proving declaration" includes a
  self-proving affidavit that is attached or annexed to a
  declaration. (Tex. Prob. Code, Secs. 677A(h), 677B(a).)
         Sec. 1104.152.  REQUIREMENTS FOR DECLARATION. (a) A
  declaration appointing an eligible person to be guardian of the
  person of a parent's child under Section 1104.053(a) or 1104.103(a)
  must be signed by the declarant and be:
               (1)  written wholly in the declarant's handwriting; or
               (2)  attested to in the declarant's presence by at least
  two credible witnesses who are:
                     (A)  14 years of age or older; and
                     (B)  not named as guardian or alternate guardian
  in the declaration.
         (b)  Notwithstanding Subsection (a), a declaration that is
  not written wholly in the declarant's handwriting may be signed by
  another person for the declarant under the direction of and in the
  presence of the declarant.
         (c)  A declaration described by Subsection (a)(2) may have
  attached a self-proving affidavit signed by the declarant and the
  witnesses attesting to:
               (1)  the competence of the declarant; and
               (2)  the execution of the declaration. (Tex. Prob.
  Code, Secs. 677A(a), (b), (c).)
         Sec. 1104.153.  FORM AND CONTENT OF DECLARATION AND
  SELF-PROVING AFFIDAVIT. (a) A declaration and affidavit may be in
  any form adequate to clearly indicate the declarant's intention to
  designate a guardian for the declarant's child.
         (b)  The following form may be used but is not required to be
  used:
  DECLARATION OF APPOINTMENT OF GUARDIAN FOR MY CHILDREN
  IN THE EVENT OF MY DEATH OR INCAPACITY
         I, __________, make this Declaration to appoint as guardian
  for my child or children, listed as follows, in the event of my
  death or incapacity:
  ____________________________________________________________
  ____________________________________________________________
  ____________________________________________________________
  (add blanks as appropriate)
         I designate __________ to serve as guardian of the person of
  my (child or children), __________ as first alternate guardian of
  the person of my (child or children), __________ as second
  alternate guardian of the person of my (child or children), and
  __________ as third alternate guardian of the person of my (child or
  children).
         I direct that the guardian of the person of my (child or
  children) serve (with or without) bond.
         (If applicable) I designate __________ to serve as guardian
  of the estate of my (child or children), __________ as first
  alternate guardian of the estate of my (child or children),
  __________ as second alternate guardian of the estate of my (child
  or children), and __________ as third alternate guardian of the
  estate of my (child or children).
         If any guardian or alternate guardian dies, does not qualify,
  or resigns, the next named alternate guardian becomes guardian of
  my (child or children).
         Signed this __________ day of __________, 20__.
  ______________________________
  Declarant
  ____________________________________________________________
  Witness                            Witness
  SELF-PROVING AFFIDAVIT
         Before me, the undersigned authority, on this date personally
  appeared __________, the declarant, and __________ and __________
  as witnesses, and all being duly sworn, the declarant said that the
  above instrument was his or her Declaration of Appointment of
  Guardian for the Declarant's Children in the Event of Declarant's
  Death or Incapacity and that the declarant had made and executed it
  for the purposes expressed in the declaration. The witnesses
  declared to me that they are each 14 years of age or older, that they
  saw the declarant sign the declaration, that they signed the
  declaration as witnesses, and that the declarant appeared to them
  to be of sound mind.
  ______________________________
  Declarant
  ____________________________________________________________
  Affiant                            Affiant
         Subscribed and sworn to before me by __________, the above
  named declarant, and __________ (names of affiants) affiants, on
  this ___ day of __________, 20__.
                                             ___________________________
                                             Notary Public in and for the
                                             State of Texas
                                             My Commission expires:
                                             ___________________________
  (Tex. Prob. Code, Sec. 677A(g).)
         Sec. 1104.154.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT. (a)
  As an alternative to the self-proving affidavit authorized by
  Section 1104.153, a declaration of appointment of a guardian for
  the declarant's children in the event of the declarant's death or
  incapacity may be simultaneously executed, attested, and made
  self-proved by including the following in substantially the same
  form and with substantially the same contents:
         I, _________________________, as declarant, after being duly
  sworn, declare to the undersigned witnesses and to the undersigned
  authority that this instrument is my Declaration of Appointment of
  Guardian for My Children in the Event of My Death or Incapacity, and
  that I have made and executed it for the purposes expressed in the
  declaration. I now sign this declaration in the presence of the
  attesting witnesses and the undersigned authority on this ____ day
  of ________, 20__.
                                             ___________________________
                                             Declarant
         The undersigned, _____________________ and
  ___________________, each being 14 years of age or older, after
  being duly sworn, declare to the declarant and to the undersigned
  authority that the declarant declared to us that this instrument is
  the declarant's Declaration of Appointment of Guardian for the
  Declarant's Children in the Event of Declarant's Death or
  Incapacity and that the declarant executed it for the purposes
  expressed in the declaration. The declarant then signed this
  declaration and we believe the declarant to be of sound mind. We now
  sign our names as attesting witnesses on this _____ day of
  ___________, 20___.
                                             ___________________________
                                             Witness
                                             ___________________________
                                             Witness
         Subscribed and sworn to before me by the above named
  declarant, and affiants, this ____ day of __________________, 20__.
                                             ___________________________
                                             Notary Public in and for the
                                             State of Texas
                                             My Commission expires:
                                             ___________________________
         (b)  A declaration that is executed as provided by Subsection
  (a) is considered self-proved to the same extent a declaration
  executed with a self-proving affidavit under Section 1104.153 is
  considered self-proved. (Tex. Prob. Code, Secs. 677A(i), (j).)
         Sec. 1104.155.  ALTERNATE SELF-PROVING OF DECLARATION.  At
  any time during the declarant's lifetime, a declaration described
  by Section 1104.152(a)(1) may be made self-proved in the same form
  and manner that a will written wholly in the testator's handwriting
  is made self-proved under Section 251.107. (Tex. Prob. Code, Sec.
  677B(c).)
         Sec. 1104.156.  FILING OF DECLARATION AND SELF-PROVING
  AFFIDAVIT. The declaration and any self-proving affidavit may be
  filed with the court at any time after the application for
  appointment of a guardian is filed and before a guardian is
  appointed. (Tex. Prob. Code, Sec. 677A(d).)
         Sec. 1104.157.  PROOF OF DECLARATION. (a) The court may
  admit a declaration that is self-proved into evidence without the
  testimony of witnesses attesting to the competency of the declarant
  and the execution of the declaration. Additional proof of the
  execution of the declaration with the formalities and solemnities
  and under the circumstances required to make it a valid declaration
  is not necessary.
         (b)  A declaration described by Section 1104.152(a)(1) that
  is not self-proved may be proved in the same manner that a will
  written wholly in the testator's handwriting is proved under
  Section 256.154.
         (c)  A declaration described by Section 1104.152(a)(2) that
  is not self-proved may be proved in the same manner that an attested
  written will produced in court is proved under Section 256.153.
  (Tex. Prob. Code, Secs. 677B(b), (e), (f).)
         Sec. 1104.158.  PRIMA FACIE EVIDENCE. A properly executed
  and witnessed self-proving declaration, including a declaration
  and self-proving affidavit described by Section 1104.152(c), is
  prima facie evidence that:
               (1)  the declarant was competent at the time the
  declarant executed the declaration; and
               (2)  the guardian named in the declaration would serve
  the best interests of the ward or incapacitated person. (Tex. Prob.
  Code, Sec. 677B(d).)
         Sec. 1104.159.  REVOCATION OF DECLARATION. The declarant
  may revoke a declaration in any manner provided for the revocation
  of a will under Section 253.002, including the subsequent
  re-execution of the declaration in the manner required for the
  original declaration. (Tex. Prob. Code, Sec. 677A(f).)
         Sec. 1104.160.  ALTERNATE OR OTHER COURT-APPOINTED
  GUARDIAN. (a)  The court shall appoint the next eligible designated
  alternate guardian named in a declaration if the designated
  guardian does not qualify, is deceased, refuses to serve, resigns,
  or dies after being appointed guardian, or is otherwise unavailable
  to serve as guardian.
         (b)  The court shall appoint another person to serve as
  guardian as otherwise provided by this title if the designated
  guardian and all designated alternate guardians named in the
  declaration:
               (1)  do not qualify;
               (2)  are deceased;
               (3)  refuse to serve; or
               (4)  later die or resign. (Tex. Prob. Code, Sec.
  677A(e).)
  [Sections 1104.161-1104.200 reserved for expansion]
  SUBCHAPTER E. WRITTEN DECLARATION TO DESIGNATE GUARDIAN BEFORE
  NEED ARISES
         Sec. 1104.201.  DEFINITIONS. In this subchapter:
               (1)  "Declaration" means a written declaration of a
  person that:
                     (A)  designates another person to serve as a
  guardian of the person or estate of the declarant; and
                     (B)  satisfies the requirements of this
  subdivision and Sections 1104.202, 1104.203, 1104.204, 1104.205,
  1104.207, 1104.210, 1104.211, and 1104.212.
               (2)  "Self-proving affidavit" means an affidavit the
  form and content of which substantially comply with the
  requirements of Section 1104.204.
               (3)  "Self-proving declaration" includes a
  self-proving affidavit that is attached or annexed to a
  declaration. (Tex. Prob. Code, Secs. 679(j), 679A(a).)
         Sec. 1104.202.  DESIGNATION OF GUARDIAN FOR DECLARANT. (a)  
  A person other than an incapacitated person may designate by
  declaration a person to serve as guardian of the person or estate of
  the declarant if the declarant becomes incapacitated. The court
  shall appoint the person designated in the declaration to serve as
  guardian in preference to any other person otherwise entitled to
  serve as guardian under this title, unless the court finds that the
  person designated to serve as guardian:
               (1)  is disqualified; or
               (2)  would not serve the ward's best interests.
         (b)  A declarant may, in the declaration, disqualify a named
  person from serving as guardian of the declarant's person or
  estate. The court may not under any circumstances appoint as
  guardian a person named under this subsection. (Tex. Prob. Code,
  Secs. 679(a) (part), (b), (f) (part).)
         Sec. 1104.203.  REQUIREMENTS FOR DECLARATION. (a)  A
  declaration under this subchapter must be signed by the declarant
  and be:
               (1)  written wholly in the declarant's handwriting; or
               (2)  attested to in the declarant's presence by at least
  two credible witnesses who are:
                     (A)  14 years of age or older; and
                     (B)  not named as guardian or alternate guardian
  in the declaration.
         (b)  Notwithstanding Subsection (a), a declaration that is
  not written wholly in the declarant's handwriting may be signed by
  another person for the declarant under the direction of and in the
  presence of the declarant.
         (c)  A declaration described by Subsection (a)(2) may have
  attached a self-proving affidavit signed by the declarant and the
  witnesses attesting to:
               (1)  the competence of the declarant; and
               (2)  the execution of the declaration. (Tex. Prob.
  Code, Secs. 679(a) (part), (c), (d).)
         Sec. 1104.204.  FORM AND CONTENT OF DECLARATION AND
  SELF-PROVING AFFIDAVIT. (a) A declaration and affidavit may be in
  any form adequate to clearly indicate the declarant's intention to
  designate a guardian.
         (b)  The following form may be used but is not required to be
  used:
  DECLARATION OF GUARDIAN
  IN THE EVENT OF LATER INCAPACITY OR NEED OF GUARDIAN
         I, __________, make this Declaration of Guardian, to operate
  if the need for a guardian for me later arises.
         1.  I designate __________ to serve as guardian of my person,
  __________ as first alternate guardian of my person, __________ as
  second alternate guardian of my person, and __________ as third
  alternate guardian of my person.
         2.  I designate __________ to serve as guardian of my estate,
  __________ as first alternate guardian of my estate, __________ as
  second alternate guardian of my estate, and __________ as third
  alternate guardian of my estate.
         3.  If any guardian or alternate guardian dies, does not
  qualify, or resigns, the next named alternate guardian becomes my
  guardian.
         4.  I expressly disqualify the following persons from
  serving as guardian of my person: __________, __________, and
  __________.
         5.  I expressly disqualify the following persons from
  serving as guardian of my estate: __________, __________, and
  __________.
         Signed this ___ day of __________, 20__.
  ______________________________
  Declarant
  ____________________________   ________________________________
  Witness                         Witness
  SELF-PROVING AFFIDAVIT
         Before me, the undersigned authority, on this date personally
  appeared ______________, the declarant, and ____________ and
  ____________ as witnesses, and all being duly sworn, the declarant
  said that the above instrument was his or her Declaration of
  Guardian and that the declarant had made and executed it for the
  purposes expressed in the declaration. The witnesses declared to
  me that they are each 14 years of age or older, that they saw the
  declarant sign the declaration, that they signed the declaration as
  witnesses, and that the declarant appeared to them to be of sound
  mind.
  ______________________________
  Declarant
  ____________________________   ________________________________
  Affiant                         Affiant
         Subscribed and sworn to before me by the above named
  declarant and affiants on this ____ day of __________, 20__.
                                             __________________________
                                             Notary Public in and for the
                                             State of Texas
                                             My Commission expires:
                                             __________________________
  (Tex. Prob. Code, Sec. 679(i).)
         Sec. 1104.205.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT. (a)
  As an alternative to the self-proving affidavit authorized by
  Section 1104.204, a declaration of guardian in the event of later
  incapacity or need of guardian may be simultaneously executed,
  attested, and made self-proved by including the following in
  substantially the same form and with substantially the same
  contents:
         I, _________________________, as declarant, after being duly
  sworn, declare to the undersigned witnesses and to the undersigned
  authority that this instrument is my Declaration of Guardian in the
  Event of Later Incapacity or Need of Guardian, and that I have made
  and executed it for the purposes expressed in the declaration. I now
  sign this declaration in the presence of the attesting witnesses
  and the undersigned authority on this ____ day of ________, 20__.
                                             ___________________________
                                             Declarant
         The undersigned, _____________________ and
  ___________________, each being 14 years of age or older, after
  being duly sworn, declare to the declarant and to the undersigned
  authority that the declarant declared to us that this instrument is
  the declarant's Declaration of Guardian in the Event of Later
  Incapacity or Need of Guardian and that the declarant executed it
  for the purposes expressed in the declaration. The declarant then
  signed this declaration and we believe the declarant to be of sound
  mind. We now sign our names as attesting witnesses on this _____ day
  of ___________, 20___.
                                             ___________________________
                                             Witness
                                             ___________________________
                                             Witness
         Subscribed and sworn to before me by the above named
  declarant, and affiants, this ____ day of __________________, 20__.
                                             __________________________
                                             Notary Public in and for the
                                             State of Texas
                                             My Commission expires:
                                             __________________________
         (b)  A declaration that is executed as provided by Subsection
  (a) is considered self-proved to the same extent a declaration
  executed with a self-proving affidavit under Section 1104.204 is
  considered self-proved. (Tex. Prob. Code, Secs. 679(k), (l).)
         Sec. 1104.206.  ALTERNATE SELF-PROVING OF DECLARATION. At
  any time during the declarant's lifetime, a declaration described
  by Section 1104.203(a)(1) may be made self-proved in the same form
  and manner that a will written wholly in the testator's handwriting
  is made self-proved under Section 251.107.  (Tex. Prob. Code, Sec.
  679A(c).)
         Sec. 1104.207.  FILING OF DECLARATION AND SELF-PROVING
  AFFIDAVIT. The declaration and any self-proving affidavit may be
  filed with the court at any time after the application for
  appointment of a guardian is filed and before a guardian is
  appointed. (Tex. Prob. Code, Sec. 679(e).)
         Sec. 1104.208.  PROOF OF DECLARATION. (a) The court may
  admit a declaration that is self-proved into evidence without the
  testimony of witnesses attesting to the competency of the declarant
  and the execution of the declaration. Additional proof of the
  execution of the declaration with the formalities and solemnities
  and under the circumstances required to make it a valid declaration
  is not necessary.
         (b)  A declaration described by Section 1104.203(a)(1) that
  is not self-proved may be proved in the same manner that a will
  written wholly in the testator's handwriting is proved under
  Section 256.154.
         (c)  A declaration described by Section 1104.203(a)(2) that
  is not self-proved may be proved in the same manner that an attested
  written will produced in court is proved under Section 256.153.
  (Tex. Prob. Code, Secs. 679A(b), (e), (f).)
         Sec. 1104.209.  PRIMA FACIE EVIDENCE. A properly executed
  and witnessed self-proving declaration, including a declaration
  and self-proving affidavit described by Section 1104.203(c), is
  prima facie evidence that:
               (1)  the declarant was competent at the time the
  declarant executed the declaration; and
               (2)  the guardian named in the declaration would serve
  the best interests of the ward or incapacitated person. (Tex. Prob.
  Code, Sec. 679A(d).)
         Sec. 1104.210.  REVOCATION OF DECLARATION. The declarant
  may revoke a declaration in any manner provided for the revocation
  of a will under Section 253.002, including the subsequent
  re-execution of the declaration in the manner required for the
  original declaration. (Tex. Prob. Code, Sec. 679(g).)
         Sec. 1104.211.  EFFECT OF DIVORCE ON DESIGNATION OF SPOUSE.
  If a declarant designates the declarant's spouse to serve as
  guardian under this subchapter, and the declarant is subsequently
  divorced from that spouse before a guardian is appointed, the
  provision of the declaration designating the spouse has no effect.
  (Tex. Prob. Code, Sec. 679(h).)
         Sec. 1104.212.  ALTERNATE OR OTHER COURT-APPOINTED
  GUARDIAN. (a) The court shall appoint the next eligible designated
  alternate guardian named in a declaration if the designated
  guardian does not qualify, is deceased, refuses to serve, resigns,
  or dies after being appointed guardian, or is otherwise unavailable
  to serve as guardian.
         (b)  The court shall appoint another person to serve as
  guardian as otherwise provided by this title if the designated
  guardian and all designated alternate guardians named in the
  declaration:
               (1)  do not qualify;
               (2)  are deceased;
               (3)  refuse to serve; or
               (4)  later die or resign. (Tex. Prob. Code, Sec. 679(f)
  (part).)
  [Sections 1104.213-1104.250 reserved for expansion]
  SUBCHAPTER F. CERTIFICATION REQUIREMENTS
  FOR CERTAIN GUARDIANS
         Sec. 1104.251.  CERTIFICATION REQUIRED FOR CERTAIN
  GUARDIANS. (a)  An individual must be certified under Subchapter C,
  Chapter 111, Government Code, if the individual:
               (1)  is a private professional guardian;
               (2)  will represent the interests of a ward as a
  guardian on behalf of a private professional guardian;
               (3)  is providing guardianship services to a ward of a
  guardianship program on the program's behalf, except as provided by
  Section 1104.254; or
               (4)  is an employee of the Department of Aging and
  Disability Services providing guardianship services to a ward of
  the department.
         (b)  An individual employed by or contracting with a
  guardianship program must be certified as provided by Subsection
  (a) to provide guardianship services to a ward of the program.  
  (Tex. Prob. Code, Secs. 696A, 697B(a).)
         Sec. 1104.252.  EFFECT OF PROVISIONAL CERTIFICATE. For
  purposes of this subchapter, a person who holds a provisional
  certificate issued under Section 111.0421, Government Code, is
  considered to be certified. (Tex. Prob. Code, Sec. 697B(e).)
         Sec. 1104.253.  EXCEPTION FOR FAMILY MEMBERS AND FRIENDS. A
  family member or friend of an incapacitated person is not required
  to be certified under Subchapter C, Chapter 111, Government Code,
  or any other law to serve as the person's guardian. (Tex. Prob.
  Code, Sec. 696B.)
         Sec. 1104.254.  EXCEPTION FOR CERTAIN VOLUNTEERS. An
  individual volunteering with a guardianship program is not required
  to be certified as provided by Section 1104.251 to provide
  guardianship services on the program's behalf. (Tex. Prob. Code,
  Sec. 697B(d).)
         Sec. 1104.255.  EXPIRATION OF CERTIFICATION. A person whose
  certification under Subchapter C, Chapter 111, Government Code, has
  expired must obtain a new certification under that subchapter to
  provide or continue providing guardianship services to a ward or
  incapacitated person under this title. (Tex. Prob. Code, Sec.
  697B(b).)
         Sec. 1104.256.  FAILURE TO COMPLY; COURT'S DUTY TO NOTIFY.
  The court shall notify the Guardianship Certification Board if the
  court becomes aware of a person who is not complying with:
               (1)  the terms of a certification issued under
  Subchapter C, Chapter 111, Government Code; or
               (2)  the standards and rules adopted under that
  subchapter. (Tex. Prob. Code, Sec. 697B(c).)
         Sec. 1104.257.  INFORMATION REGARDING SERVICES PROVIDED BY
  GUARDIANSHIP PROGRAM. Not later than January 31 of each year, each
  guardianship program operating in a county shall submit to the
  county clerk a copy of the report submitted to the Guardianship
  Certification Board under Section 111.044, Government Code. (Tex.
  Prob. Code, Sec. 697A(a).)
         Sec. 1104.258.  INFORMATION REGARDING CERTAIN STATE
  EMPLOYEES PROVIDING GUARDIANSHIP SERVICES. Not later than January
  31 of each year, the Department of Aging and Disability Services
  shall submit to the Guardianship Certification Board a statement
  containing:
               (1)  the name, address, and telephone number of each
  department employee who is or will be providing guardianship
  services to a ward or proposed ward on the department's behalf; and
               (2)  the name of each county in which each employee
  named in Subdivision (1) is providing or is authorized to provide
  those services. (Tex. Prob. Code, Sec. 697A(b).)
  [Sections 1104.259-1104.300 reserved for expansion]
  SUBCHAPTER G. PRIVATE PROFESSIONAL GUARDIANS
         Sec. 1104.301.  CERTIFICATION AND REGISTRATION REQUIRED. A
  court may not appoint a private professional guardian to serve as a
  guardian or permit a private professional guardian to continue to
  serve as a guardian under this title if the private professional
  guardian is not:
               (1)  certified as provided by Section 1104.251(a),
  1104.252, 1104.255, or 1104.256; or
               (2)  in compliance with the registration requirements
  of this subchapter. (Tex. Prob. Code, Sec. 696.)
         Sec. 1104.302.  ANNUAL CERTIFICATE OF REGISTRATION. A
  private professional guardian must annually apply for a certificate
  of registration.  (Tex. Prob. Code, Sec. 697(a) (part).)
         Sec. 1104.303.  REQUIREMENTS OF APPLICATION. (a)  An
  application for a certificate of registration must include a sworn
  statement containing the following information concerning a
  private professional guardian or each person who represents or
  plans to represent the interests of a ward as a guardian on behalf
  of the private professional guardian:
               (1)  place of residence;
               (2)  business address and business telephone number;
               (3)  educational background and professional
  experience;
               (4)  three or more professional references;
               (5)  the name of each ward the private professional
  guardian or person is or will be serving as a guardian;
               (6)  the aggregate fair market value of the property of
  all wards that is or will be managed by the private professional
  guardian or person;
               (7)  whether the private professional guardian or
  person has ever been removed as a guardian by the court or resigned
  as a guardian in a particular case, and, if so:
                     (A)  a description of the circumstances causing
  the removal or resignation; and
                     (B)  the style of the suit, the docket number, and
  the court having jurisdiction over the proceeding; and
               (8)  the certification number or provisional
  certification number issued to the private professional guardian or
  person by the Guardianship Certification Board.
         (b)  The application must be:
               (1)  made to the clerk of the county having venue of the
  proceeding for the appointment of a guardian; and
               (2)  accompanied by a nonrefundable fee set by the
  clerk in an amount necessary to cover the cost of administering this
  subchapter.  (Tex. Prob. Code, Secs. 697(a) (part), (b).)
         Sec. 1104.304.  TERM OF REGISTRATION; RENEWAL. (a)  The term
  of an initial registration begins on the date the requirements
  under Section 1104.303 are met and extends through December 31 of
  the year in which the application is made. After the term of the
  initial registration, the term of registration begins on January 1
  and extends through December 31 of each year.
         (b)  An application to renew a registration must be completed
  during December of the year preceding the year for which the renewal
  is requested.  (Tex. Prob. Code, Sec. 697(c).)
         Sec. 1104.305.  USE OF REGISTRATION INFORMATION. (a)  The
  clerk shall bring the information received under Section 1104.303
  to the judge's attention for review.
         (b)  The judge shall use the information only to determine
  whether to appoint, remove, or continue the appointment of a
  private professional guardian. (Tex. Prob. Code, Sec. 697(d).)
         Sec. 1104.306.  USE OF NAMES AND BUSINESS ADDRESSES. Not
  later than January 31 of each year, the clerk shall submit to the
  Guardianship Certification Board the name and business address of
  each private professional guardian who has satisfied the
  registration requirements of this subchapter during the preceding
  year. (Tex. Prob. Code, Sec. 697(e).)
  [Sections 1104.307-1104.350 reserved for expansion]
  SUBCHAPTER H. GROUNDS FOR DISQUALIFICATION
         Sec. 1104.351.  INCAPACITY OR INEXPERIENCE. A person may
  not be appointed guardian if the person is:
               (1)  a minor or other incapacitated person; or
               (2)  a person who, because of inexperience, lack of
  education, or other good reason, is incapable of properly and
  prudently managing and controlling the person or estate of the
  ward. (Tex. Prob. Code, Sec. 681 (part).)
         Sec. 1104.352.  UNSUITABILITY. A person may not be
  appointed guardian if the court finds the person to be unsuitable.
  (Tex. Prob. Code, Sec. 681 (part).)
         Sec. 1104.353.  NOTORIOUSLY BAD CONDUCT; PRESUMPTION
  CONCERNING BEST INTEREST. (a) A person may not be appointed
  guardian if the person's conduct is notoriously bad.
         (b)  It is presumed to be not in the best interests of a ward
  or incapacitated person to appoint as guardian of the ward or
  incapacitated person a person who has been finally convicted of:
               (1)  any sexual offense, including sexual assault,
  aggravated sexual assault, and prohibited sexual conduct;
               (2)  aggravated assault;
               (3)  injury to a child, elderly individual, or disabled
  individual; or
               (4)  abandoning or endangering a child. (Tex. Prob.
  Code, Secs. 678, 681 (part).)
         Sec. 1104.354.  CONFLICT OF INTEREST. A person may not be
  appointed guardian if the person:
               (1)  is a party or is a person whose parent is a party to
  a lawsuit concerning or affecting the welfare of the proposed ward,
  unless the court:
                     (A)  determines that the lawsuit claim of the
  person who has applied to be appointed guardian is not in conflict
  with the lawsuit claim of the proposed ward; or
                     (B)  appoints a guardian ad litem to represent the
  interests of the proposed ward throughout the litigation of the
  ward's lawsuit claim;
               (2)  is indebted to the proposed ward, unless the
  person pays the debt before appointment; or
               (3)  asserts a claim adverse to the proposed ward or the
  proposed ward's property. (Tex. Prob. Code, Sec. 681 (part).)
         Sec. 1104.355.  DISQUALIFIED IN DECLARATION. A person may
  not be appointed guardian if the person is disqualified in a
  declaration under Section 1104.202(b). (Tex. Prob. Code, Sec. 681
  (part).)
         Sec. 1104.356.  LACK OF CERTAIN REQUIRED CERTIFICATION. A
  person may not be appointed guardian if the person does not have the
  certification to serve as guardian that is required by Subchapter
  F. (Tex. Prob. Code, Sec. 681 (part).)
         Sec. 1104.357.  NONRESIDENT WITHOUT RESIDENT AGENT. A
  person may not be appointed guardian if the person is a nonresident
  who has failed to file with the court the name of a resident agent to
  accept service of process in all actions or proceedings relating to
  the guardianship. (Tex. Prob. Code, Sec. 681 (part).)
  [Sections 1104.358-1104.400 reserved for expansion]
  SUBCHAPTER I. ACCESS TO CRIMINAL HISTORY RECORDS
         Sec. 1104.401.  DEFINITION. In this subchapter,
  "department" means the Department of Aging and Disability Services.
  (New.)
         Sec. 1104.402.  COURT CLERK'S DUTY TO OBTAIN CRIMINAL
  HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.  (a)  Except as
  provided by Section 1104.403, 1104.404, or 1104.406(a), the clerk
  of the county having venue of the proceeding for the appointment of
  a guardian shall obtain criminal history record information that is
  maintained by the Department of Public Safety or the Federal Bureau
  of Investigation identification division relating to:
               (1)  a private professional guardian;
               (2)  each person who represents or plans to represent
  the interests of a ward as a guardian on behalf of the private
  professional guardian;
               (3)  each person employed by a private professional
  guardian who will:
                     (A)  have personal contact with a ward or proposed
  ward;
                     (B)  exercise control over and manage a ward's
  estate; or
                     (C)  perform any duties with respect to the
  management of a ward's estate;
               (4)  each person employed by or volunteering or
  contracting with a guardianship program to provide guardianship
  services to a ward of the program on the program's behalf; or
               (5)  any other person proposed to serve as a guardian
  under this title, including a proposed temporary guardian and a
  proposed successor guardian, other than the ward's or proposed
  ward's family member or an attorney.
         (b)  The clerk may charge a $10 fee to recover the costs of
  obtaining criminal history record information under Subsection
  (a). (Tex. Prob. Code, Secs. 698(a), (e).)
         Sec. 1104.403.  SUBMISSION OF CRIMINAL HISTORY RECORD
  INFORMATION BY PROPOSED GUARDIAN. Not later than the 10th day
  before the date of the hearing to appoint a guardian, a person may
  submit to the clerk a copy of the person's criminal history record
  information required under Section 1104.402(a)(5) that the person
  obtains not earlier than the 30th day before the date of the hearing
  from:
               (1)  the Department of Public Safety; or
               (2)  the Federal Bureau of Investigation. (Tex. Prob.
  Code, Sec. 698(a-5).)
         Sec. 1104.404.  EXCEPTION FOR INFORMATION CONCERNING
  CERTAIN PERSONS HOLDING A CERTIFICATE. (a) The clerk described by
  Section 1104.402 is not required to obtain criminal history record
  information for a person who holds a certificate issued under
  Section 111.042, Government Code, or a provisional certificate
  issued under Section 111.0421, Government Code, if the Guardianship
  Certification Board conducted a criminal history check on the
  person before issuing or renewing the certificate.
         (b)  The board shall provide to the clerk at the court's
  request the criminal history record information that was obtained
  from the Department of Public Safety or the Federal Bureau of
  Investigation. (Tex. Prob. Code, Sec. 698(a-6).)
         Sec. 1104.405.  INFORMATION FOR EXCLUSIVE USE OF COURT. (a)  
  Criminal history record information obtained or provided under
  Section 1104.402, 1104.403, or 1104.404 is privileged and
  confidential and is for the exclusive use of the court.  The
  criminal history record information may not be released or
  otherwise disclosed to any person or agency except on court order or
  consent of the person being investigated.
         (b)  The county clerk may destroy the criminal history record
  information after the information is used for the purposes
  authorized by this subchapter. (Tex. Prob. Code, Sec. 698(b).)
         Sec. 1104.406.  DEPARTMENT'S DUTY TO OBTAIN CRIMINAL HISTORY
  RECORD INFORMATION. (a) The department shall obtain criminal
  history record information that is maintained by the Department of
  Public Safety or the Federal Bureau of Investigation identification
  division relating to each individual who is or will be providing
  guardianship services to a ward of or referred by the department,
  including:
               (1)  an employee of or an applicant selected for an
  employment position with the department;
               (2)  a volunteer or an applicant selected to volunteer
  with the department;
               (3)  an employee of or an applicant selected for an
  employment position with a business entity or other person who
  contracts with the department to provide guardianship services to a
  ward referred by the department; and
               (4)  a volunteer or an applicant selected to volunteer
  with a business entity or other person described by Subdivision
  (3).
         (b)  The department must obtain the information in
  Subsection (a) before:
               (1)  making an offer of employment to an applicant for
  an employment position; or
               (2)  a volunteer contacts a ward of or referred by the
  department.
         (c)  The department must annually obtain the information in
  Subsection (a) regarding employees or volunteers providing
  guardianship services. (Tex. Prob. Code, Secs. 698(a-1), (a-2),
  (a-3).)
         Sec. 1104.407.  DUTY TO PROVIDE INFORMATION ON REQUEST. The
  department shall provide the information obtained under Section
  1102.406(a) to:
               (1)  the clerk of the county having venue of the
  guardianship proceeding at the court's request; and
               (2)  the Guardianship Certification Board at the
  board's request. (Tex. Prob. Code, Sec. 698(a-4).)
         Sec. 1104.408.  INFORMATION FOR EXCLUSIVE USE OF COURT OR
  GUARDIANSHIP CERTIFICATION BOARD. (a)  Criminal history record
  information obtained under Section 1104.407 is privileged and
  confidential and is for the exclusive use of the court or
  Guardianship Certification Board, as appropriate.  The information
  may not be released or otherwise disclosed to any person or agency
  except:
               (1)  on court order;
               (2)  with the consent of the person being investigated;
  or
               (3)  as authorized by Section 1104.404 of this code or
  Section 411.1386(a-6), Government Code.
         (b)  The county clerk or Guardianship Certification Board
  may destroy the criminal history record information after the
  information is used for the purposes authorized by this subchapter.
  (Tex. Prob. Code, Sec. 698(b-1).)
         Sec. 1104.409.  USE OF INFORMATION BY COURT.  The court
  shall use the information obtained under this subchapter only in
  determining whether to:
               (1)  appoint, remove, or continue the appointment of a
  private professional guardian, a guardianship program, or the
  department; or
               (2)  appoint any other person proposed to serve as a
  guardian under this title, including a proposed temporary guardian
  and a proposed successor guardian, other than the ward's or
  proposed ward's family member or an attorney. (Tex. Prob. Code,
  Sec. 698(c).)
         Sec. 1104.410.  USE OF INFORMATION BY GUARDIANSHIP
  CERTIFICATION BOARD. Criminal history record information obtained
  by the Guardianship Certification Board under Section 1104.407(2)
  may be used for any purpose related to the issuance, denial,
  renewal, suspension, or revocation of a certificate issued by the
  board. (Tex. Prob. Code, Sec. 698(c-1).)
         Sec. 1104.411.  CRIMINAL OFFENSE FOR UNAUTHORIZED RELEASE OR
  DISCLOSURE. (a) A person commits an offense if the person releases
  or discloses any information received under this subchapter without
  the authorization prescribed by Section 1104.405 or 1104.408.
         (b)  An offense under this section is a Class A misdemeanor.
  (Tex. Prob. Code, Sec. 698(d).)
         Sec. 1104.412.  EFFECT OF SUBCHAPTER ON DEPARTMENT'S
  AUTHORITY TO OBTAIN OR USE INFORMATION. This subchapter does not
  prohibit the department from obtaining and using criminal history
  record information as provided by other law. (Tex. Prob. Code, Sec. 698(f).)
 
  CHAPTER 1105. QUALIFICATION OF GUARDIANS
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 1105.001.  DEFINITIONS 
  Sec. 1105.002.  MANNER OF QUALIFICATION OF GUARDIAN 
  Sec. 1105.003.  PERIOD FOR TAKING OATH AND GIVING BOND 
  [Sections 1105.004-1105.050 reserved for expansion]
  SUBCHAPTER B. OATHS
  Sec. 1105.051.  OATH OF GUARDIAN 
  Sec. 1105.052.  ADMINISTRATION OF OATH 
  [Sections 1105.053-1105.100 reserved for expansion]
  SUBCHAPTER C. GENERAL PROVISIONS RELATING TO BONDS
  Sec. 1105.101.  BOND GENERALLY REQUIRED; EXCEPTIONS 
  Sec. 1105.102.  BOND FOR CERTAIN GUARDIANS OF THE
                   PERSON 
  Sec. 1105.103.  BOND REQUIRED FROM GUARDIAN OTHERWISE
                   EXEMPT 
  Sec. 1105.104.  BONDS OF JOINT GUARDIANS 
  Sec. 1105.105.  BOND OF MARRIED PERSON 
  Sec. 1105.106.  BOND OF MARRIED PERSON YOUNGER THAN 18
                   YEARS OF AGE 
  Sec. 1105.107.  BOND OF GUARDIANSHIP PROGRAM 
  Sec. 1105.108.  SUBSCRIPTION OF BOND BY PRINCIPALS AND
                   SURETIES 
  Sec. 1105.109.  FORM OF BOND 
  Sec. 1105.110.  FILING OF BOND 
  Sec. 1105.111.  FAILURE TO GIVE BOND 
  Sec. 1105.112.  BOND NOT VOID ON FIRST RECOVERY 
  [Sections 1105.113-1105.150 reserved for expansion]
  SUBCHAPTER D. OTHER PROVISIONS RELATING TO BONDS OF GUARDIANS OF
  THE ESTATE
  Sec. 1105.151.  GENERAL FORMALITIES 
  Sec. 1105.152.  GENERAL STANDARD REGARDING AMOUNT OF
                   BOND 
  Sec. 1105.153.  EVIDENTIARY HEARING ON AMOUNT OF BOND 
  Sec. 1105.154.  SPECIFIC BOND AMOUNT 
  Sec. 1105.155.  AGREEMENT REGARDING DEPOSIT OF ESTATE
                   ASSETS 
  Sec. 1105.156.  DEPOSIT OF ESTATE ASSETS ON TERMS
                   PRESCRIBED BY COURT 
  Sec. 1105.157.  DEPOSITS OF GUARDIAN 
  Sec. 1105.158.  BOND REQUIRED INSTEAD OF DEPOSITS 
  Sec. 1105.159.  WITHDRAWAL OF DEPOSITS ON CLOSING OF
                   GUARDIANSHIP 
  Sec. 1105.160.  AUTHORIZED CORPORATE OR PERSONAL
                   SURETIES 
  Sec. 1105.161.  SURETIES FOR CERTAIN BONDS 
  Sec. 1105.162.  DEPOSITS BY PERSONAL SURETY 
  Sec. 1105.163.  APPLICABILITY OF SUBCHAPTER TO CERTAIN
                   COURT ORDERS 
  [Sections 1105.164-1105.200 reserved for expansion]
  SUBCHAPTER E. PROVISIONS RELATING TO PERSONAL SURETIES
  Sec. 1105.201.  AFFIDAVIT OF PERSONAL SURETY 
  Sec. 1105.202.  LIEN ON REAL PROPERTY OWNED BY PERSONAL
                   SURETY 
  Sec. 1105.203.  SUBORDINATION OF LIEN ON REAL PROPERTY
                   OWNED BY PERSONAL SURETY 
  Sec. 1105.204.  RELEASE OF LIEN ON REAL PROPERTY OWNED
                   BY PERSONAL SURETIES 
  [Sections 1105.205-1105.250 reserved for expansion]
  SUBCHAPTER F. NEW BONDS
  Sec. 1105.251.  GROUNDS FOR REQUIRING NEW BOND 
  Sec. 1105.252.  COURT ORDER OR CITATION ON NEW BOND 
  Sec. 1105.253.  SHOW CAUSE HEARING ON NEW BOND
                   REQUIREMENT 
  Sec. 1105.254.  EFFECT OF ORDER REQUIRING NEW BOND 
  Sec. 1105.255.  NEW BOND IN DECREASED AMOUNT 
  Sec. 1105.256.  REQUEST BY SURETY FOR NEW BOND 
  Sec. 1105.257.  DISCHARGE OF FORMER SURETIES ON
                   APPROVAL OF NEW BOND 
  CHAPTER 1105. QUALIFICATION OF GUARDIANS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 1105.001.  DEFINITIONS. In this chapter:
               (1)  "Bond" means a bond required by this chapter to be
  given by a person appointed to serve as a guardian.
               (2)  "Oath" means an oath required by this chapter to be
  taken by a person appointed to serve as a guardian. (New.)
         Sec. 1105.002.  MANNER OF QUALIFICATION OF GUARDIAN. (a)  
  Except as provided by Subsection (b), a guardian is considered to
  have qualified when the guardian has:
               (1)  taken and filed the oath required under Section
  1105.051;
               (2)  given the required bond;
               (3)  filed the bond with the clerk; and
               (4)  obtained the judge's approval of the bond.
         (b)  A guardian who is not required to give a bond is
  considered to have qualified when the guardian has taken and filed
  the required oath. (Tex. Prob. Code, Sec. 699.)
         Sec. 1105.003.  PERIOD FOR TAKING OATH AND GIVING BOND. (a)  
  Except as provided by Section 1103.003, an oath may be taken and
  subscribed and a bond may be given and approved at any time before:
               (1)  the 21st day after the date of the order granting
  letters of guardianship; or
               (2)  the letters of guardianship are revoked for a
  failure to qualify within the period allowed.
         (b)  A guardian of an estate must give a bond before being
  issued letters of guardianship unless a bond is not required under
  this title. (Tex. Prob. Code, Secs. 701 (part), 703(a) (part).)
  [Sections 1105.004-1105.050 reserved for expansion]
  SUBCHAPTER B. OATHS
         Sec. 1105.051.  OATH OF GUARDIAN. (a)  A guardian shall take
  an oath to discharge faithfully the duties of guardian for the
  person or estate, or both, of a ward.
         (b)  If the Department of Aging and Disability Services is
  appointed guardian, a department representative shall take the oath
  required by Subsection (a). (Tex. Prob. Code, Sec. 700.)
         Sec. 1105.052.  ADMINISTRATION OF OATH. An oath may be taken
  before any person authorized to administer oaths under the laws of
  this state. (Tex. Prob. Code, Sec. 701 (part).)
  [Sections 1105.053-1105.100 reserved for expansion]
  SUBCHAPTER C. GENERAL PROVISIONS RELATING TO BONDS
         Sec. 1105.101.  BOND GENERALLY REQUIRED; EXCEPTIONS. (a)  
  Except as provided by this section, a guardian of the person or the
  estate of a ward shall give a bond.
         (b)  A bond is not required if the guardian is:
               (1)  a corporate fiduciary; or
               (2)  a guardianship program operated by a county.
         (c)  The court shall issue letters of guardianship of the
  person to a person without the requirement of a bond if:
               (1)  the person is named to be appointed guardian in a
  will made by a surviving parent that is probated by a court in this
  state, or in a written declaration made by a surviving parent, and
  the will or declaration directs that the guardian serve without a
  bond; and
               (2)  the court finds that the guardian is qualified.
         (d)  The court may not waive the requirement of bond for the
  guardian of the estate of a ward, regardless of whether a surviving
  parent's will or written declaration directs the court to waive the
  bond. (Tex. Prob. Code, Sec. 702.)
         Sec. 1105.102.  BOND FOR CERTAIN GUARDIANS OF THE PERSON.
  (a)  This section applies only to a bond required to be posted by a
  guardian of the person of a ward when there is no guardian of the
  ward's estate.
         (b)  To ensure the performance of the guardian's duties, a
  court may accept only:
               (1)  a corporate surety bond;
               (2)  a personal surety bond;
               (3)  a deposit of money instead of a surety bond; or
               (4)  a personal bond.
         (c)  In determining the appropriate type and amount of bond
  to set for the guardian, the court shall consider:
               (1)  the familial relationship of the guardian to the
  ward;
               (2)  the guardian's ties to the community;
               (3)  the guardian's financial condition;
               (4)  the guardian's past history of compliance with the
  court; and
               (5)  the reason the guardian may have previously been
  denied a corporate surety bond. (Tex. Prob. Code, Sec. 702A.)
         Sec. 1105.103.  BOND REQUIRED FROM GUARDIAN OTHERWISE
  EXEMPT. (a)  This section applies only to an individual guardian of
  the estate from whom a bond was not required.
         (b)  A person who has a debt, claim, or demand against the
  guardianship, with respect to the justice of which an oath has been
  made by the person, the person's agent or attorney, or another
  person interested in the guardianship, in person or as the
  representative of another person, may file a written complaint
  under oath in the court in which the guardian was appointed.
         (c)  After a complaint is filed under Subsection (b), the
  court shall cite the guardian to appear and show cause why the
  guardian should not be required to give a bond.
         (d)  On hearing a complaint filed under Subsection (b), if it
  appears to the court that the guardian is wasting, mismanaging, or
  misapplying the guardianship estate and that a creditor may
  probably lose the creditor's debt, or that a person's interest in
  the guardianship may be diminished or lost, the court shall enter an
  order requiring the guardian to give a bond not later than the 10th
  day after the date of the order.
         (e)  A bond required under Subsection (d) must be:
               (1)  in an amount sufficient to protect the
  guardianship and the guardianship's creditors;
               (2)  approved by and payable to the judge; and
               (3)  conditioned that the guardian:
                     (A)  will well and truly administer the
  guardianship; and
                     (B)  will not waste, mismanage, or misapply the
  guardianship estate.
         (f)  If the guardian fails to give the bond required under
  Subsection (d) and the judge has not extended the period for giving
  the bond, the judge, without citation, shall remove the guardian
  and appoint a competent person as guardian, who shall:
               (1)  administer the guardianship according to the
  provisions of a will or law;
               (2)  take the oath required of a guardian under Section
  1105.051 before the person enters on the administration of the
  guardianship; and
               (3)  give bond in the same manner and in the same amount
  provided by this title for the issuance of original letters of
  guardianship.  (Tex. Prob. Code, Secs. 722, 723, 724, 725.)
         Sec. 1105.104.  BONDS OF JOINT GUARDIANS. If two or more
  persons are appointed as guardians and are required to give a bond
  by the court or under this title, the court may require:
               (1)  a separate bond from each person; or
               (2)  a joint bond from all of the persons. (Tex. Prob.
  Code, Sec. 706.)
         Sec. 1105.105.  BOND OF MARRIED PERSON. (a)  A married
  person appointed as guardian may jointly execute, with or without,
  the person's spouse, a bond required by law.
         (b)  A bond executed by a married person:
               (1)  binds the person's separate estate; and
               (2)  may bind the person's spouse only if the spouse
  signs the bond. (Tex. Prob. Code, Sec. 707.)
         Sec. 1105.106.  BOND OF MARRIED PERSON YOUNGER THAN 18 YEARS
  OF AGE. A bond required to be executed by a person who is younger
  than 18 years of age, is or has been married, and accepts and
  qualifies as guardian is as valid and binding for all purposes as if
  the person were of legal age. (Tex. Prob. Code, Sec. 708.)
         Sec. 1105.107.  BOND OF GUARDIANSHIP PROGRAM. The judge may
  require a guardianship program appointed guardian under this title
  to file one bond that:
               (1)  meets all the conditions required under this
  title; and
               (2)  is in an amount sufficient to protect all of the
  guardianships and the creditors of the guardianships of the wards
  receiving services from the guardianship program. (Tex. Prob.
  Code, Sec. 708A.)
         Sec. 1105.108.  SUBSCRIPTION OF BOND BY PRINCIPALS AND
  SURETIES. A bond required under this title shall be subscribed by
  the principals and sureties. (Tex. Prob. Code, Sec. 705 (part).)
         Sec. 1105.109.  FORM OF BOND. The following form, or a form
  with the same substance, may be used for the bond of a guardian:
         "The State of Texas
         "County of __________
         "Know all persons by these presents that we, _____ (insert
  name of each principal), as principal, and ____ (insert name of each
  surety), as sureties, are held and firmly bound to the judge of ____
  (insert reference to appropriate judge), and that judge's
  successors in office, in the sum of $______; conditioned that the
  above bound principal or principals, appointed by the judge as
  guardian or temporary guardian of the person or of the estate, or
  both, of __________ (insert name of ward, stating in each case
  whether the person is a minor or an incapacitated person other than
  a minor), shall well and truly perform all of the duties required of
  the guardian or temporary guardian by law under appointment."  
  (Tex. Prob. Code, Sec. 704.)
         Sec. 1105.110.  FILING OF BOND.  A bond required under this
  title shall be filed with the clerk after the court approves the
  bond. (Tex. Prob. Code, Sec. 705 (part).)
         Sec. 1105.111.  FAILURE TO GIVE BOND.  Another person may be
  appointed as guardian to replace a guardian who fails to give the
  bond required by the court within the period required under this
  title.  (Tex. Prob. Code, Sec. 721.)
         Sec. 1105.112.  BOND NOT VOID ON FIRST RECOVERY. A
  guardian's bond is not void on the first recovery, but the bond may
  be sued on and prosecuted from time to time until the entire amount
  of the bond is recovered. (Tex. Prob. Code, Sec. 726.)
  [Sections 1105.113-1105.150 reserved for expansion]
  SUBCHAPTER D. OTHER PROVISIONS RELATING TO BONDS OF GUARDIANS OF
  THE ESTATE
         Sec. 1105.151.  GENERAL FORMALITIES.  A bond given by a
  guardian of the estate must:
               (1)  be conditioned as required by law;
               (2)  be payable to the judge or that judge's successors
  in office;
               (3)  have the written approval of the judge in the
  judge's official capacity; and
               (4)  be executed and approved in accordance with this
  subchapter. (Tex. Prob. Code, Sec. 703(a) (part).)
         Sec. 1105.152.  GENERAL STANDARD REGARDING AMOUNT OF BOND.  
  (a)  The judge shall set the amount of a bond for a guardian of an
  estate in an amount sufficient to protect the guardianship and the
  guardianship's creditors, as provided by this title.
         (b)  In determining the amount of the bond, the court may not
  consider estate assets placed in a management trust under Chapter
  1301. (Tex. Prob. Code, Secs. 703(b), (s).)
         Sec. 1105.153.  EVIDENTIARY HEARING ON AMOUNT OF BOND.
  Before setting the amount of a bond required of a guardian of an
  estate, the court shall hear evidence and determine:
               (1)  the amount of cash on hand and where that cash is
  deposited;
               (2)  the amount of cash estimated to be needed for
  administrative purposes, including the operation of a business,
  factory, farm, or ranch owned by the guardianship estate, and
  administrative expenses for one year;
               (3)  the revenue anticipated to be received in the
  succeeding 12 months from dividends, interest, rentals, or use of
  property belonging to the guardianship estate and the aggregate
  amount of any installments or periodic payments to be collected;
               (4)  the estimated value of certificates of stock,
  bonds, notes, or other securities of the ward, and the name of the
  depository in which the stocks, bonds, notes, or other securities
  are deposited;
               (5)  the face value of life insurance or other policies
  payable to the ward or the ward's estate;
               (6)  the estimated value of other personal property
  that is owned by the guardianship, or by a person with a disability;
  and
               (7)  the estimated amount of debts due and owing by the
  ward. (Tex. Prob. Code, Sec. 703(c).)
         Sec. 1105.154.  SPECIFIC BOND AMOUNT. (a)  Except as
  otherwise provided by this section, the judge shall set the amount
  of a bond of a guardian of an estate in an amount equal to the sum
  of:
               (1)  the estimated value of all personal property
  belonging to the ward; and
               (2)  an additional amount to cover revenue anticipated
  to be derived during the succeeding 12 months from:
                     (A)  interest and dividends;
                     (B)  collectible claims;
                     (C)  the aggregate amount of any installments or
  periodic payments, excluding income derived or to be derived from
  federal social security payments; and
                     (D)  rentals for the use of property.
         (b)  The judge shall reduce the amount of the original bond
  under Subsection (a) in proportion to the amount of cash or the
  value of securities or other assets:
               (1)  authorized or required to be deposited by court
  order; or
               (2)  voluntarily deposited by the guardian or the
  sureties on the guardian's bond as provided in Sections 1105.156
  and 1105.157(a).
         (c)  The judge shall set the amount of the bond for a
  temporary guardian. (Tex. Prob. Code, Secs. 703(d), (q).)
         Sec. 1105.155.  AGREEMENT REGARDING DEPOSIT OF ESTATE
  ASSETS.  (a)  If the court considers it to be in the best interests
  of the ward, the court may require the guardian of the estate and
  the corporate or personal sureties on the guardian's bond to agree
  to deposit cash and other assets of the guardianship estate in a
  depository described by Subsection (b).  If the depository is
  otherwise proper, the court may require the deposit to be made in a
  manner so as to prevent the withdrawal of the money or other assets
  in the guardianship estate without the written consent of the
  surety or on court order made after notice to the surety.
         (b)  Cash and assets must be deposited under this section in
  a financial institution as defined by Section 201.101, Finance
  Code, that:
               (1)  has its main office or a branch office in this
  state; and
               (2)  is qualified to act as a depository in this state
  under the laws of this state or the United States.
         (c)  An agreement made by a guardian and the sureties on the
  guardian's bond under this section does not release the principal
  or sureties from liability, or change the liability of the
  principal or sureties, as established by the terms of the bond.
  (Tex. Prob. Code, Sec. 703(e).)
         Sec. 1105.156.  DEPOSIT OF ESTATE ASSETS ON TERMS PRESCRIBED
  BY COURT. (a)  Cash, securities, or other personal assets of a ward
  to which the ward is entitled may, or if considered by the court to
  be in the best interests of the ward, shall, be deposited in one or
  more depositories described by this subchapter on terms prescribed
  by the court.
         (b)  The court in which the guardianship proceeding is
  pending may authorize or require additional estate assets currently
  on hand or that accrue during the pendency of the proceeding to be
  deposited as provided by Subsection (a) on:
               (1)  the court's own motion; or
               (2)  the written application of the guardian or any
  other person interested in the ward.
         (c)  The amount of the bond required to be given by the
  guardian of the estate shall be reduced in proportion to the amount
  of the cash or the value of the securities or other assets deposited
  under this section.
         (d)  Cash, securities, or other assets deposited under this
  section may be withdrawn wholly or partly from the depository only
  in accordance with a court order, and the amount of the guardian's
  bond shall be increased in proportion to the amount of the cash or
  the value of the securities or other assets authorized to be
  withdrawn. (Tex. Prob. Code, Sec. 703(f).)
         Sec. 1105.157.  DEPOSITS OF GUARDIAN. (a)  Instead of giving
  a surety or sureties on a bond, or to reduce the amount of a bond,
  the guardian of an estate may deposit the guardian's own cash or
  securities acceptable to the court with a financial institution as
  defined by Section 201.101, Finance Code, that has its main office
  or a branch office in this state.
         (b)  If the deposit is otherwise proper, the deposit must be
  in an amount or value equal to the amount of the bond required or the
  bond shall be reduced by the value of assets that are deposited.
         (c)  A depository that receives a deposit made under
  Subsection (a) shall issue a receipt for the deposit that:
               (1)  shows the amount of cash deposited or the amount
  and description of the securities deposited, as applicable; and
               (2)  states that the depository agrees to disburse or
  deliver the cash or securities only on receipt of a certified copy
  of an order of the court in which the proceeding is pending.
         (d)  A receipt issued by a depository under Subsection (c)
  must be attached to the guardian's bond and be delivered to and
  filed by the county clerk after the receipt is approved by the
  judge.
         (e)  The amount of cash or securities on deposit may be
  increased or decreased, by court order from time to time, as the
  interests of the guardianship require.
         (f)  A deposit of cash or securities made instead of a surety
  on the bond may be withdrawn or released only on order of a court
  that has jurisdiction.
         (g)  A creditor has the same rights against a guardian of the
  estate and the deposits as are provided for recovery against
  sureties on a bond. (Tex. Prob. Code, Secs. 703(g), (h), (i), (j),
  (k).)
         Sec. 1105.158.  BOND REQUIRED INSTEAD OF DEPOSITS. (a) The
  court may on its own motion or on the written application by the
  guardian of an estate or any other person interested in the
  guardianship:
               (1)  require the guardian to give adequate bond instead
  of the deposit; or
               (2)  authorize withdrawal of the deposit and
  substitution of a bond with sureties.
         (b)  Before the 21st day after the date the guardian is
  personally served with notice of the filing of the application or
  the date the court enters the court's motion, the guardian shall
  file a sworn statement showing the condition of the guardianship.
         (c)  A guardian who fails to comply with Subsection (b) is
  subject to removal as in other cases.
         (d)  The deposit may not be released or withdrawn until the
  court:
               (1)  is satisfied as to the condition of the
  guardianship estate;
               (2)  determines the amount of the bond; and
               (3)  receives and approves the bond.  (Tex. Prob. Code,
  Sec. 703(l).)
         Sec. 1105.159.  WITHDRAWAL OF DEPOSITS ON CLOSING OF
  GUARDIANSHIP. (a)  Any deposit of assets of the guardian of an
  estate, the guardianship, or a surety that remains at the time a
  guardianship is closed shall be released by court order and paid to
  the person entitled to the assets.
         (b)  Except as provided by Subsection (c), a writ of
  attachment or garnishment does not lie against a deposit described
  by Subsection (a).
         (c)  A writ of attachment or garnishment may lie against a
  deposit described by Subsection (a) as to a claim of a creditor of
  the guardianship or a person interested in the guardianship,
  including a distributee or ward, only to the extent the court has
  ordered distribution. (Tex. Prob. Code, Sec. 703(m).)
         Sec. 1105.160.  AUTHORIZED CORPORATE OR PERSONAL SURETIES.
  (a)  The surety on a bond of a guardian of an estate may be an
  authorized corporate or personal surety.
         (b)  A bond of a guardian of an estate with sureties who are
  individuals must have at least two sureties, each of whom must:
               (1)  execute an affidavit in the manner provided by
  Subchapter E; and
               (2)  own property in this state, excluding property
  exempt by law, that the judge is satisfied is sufficient to qualify
  the person as a surety as required by law.
         (c)  A bond with an authorized corporate surety is only
  required to have one surety, except as otherwise provided by law.  
  (Tex. Prob. Code, Secs. 703(n), (p) (part).)
         Sec. 1105.161.  SURETIES FOR CERTAIN BONDS. (a)  If the
  amount of the bond of a guardian of an estate exceeds $50,000, the
  court may require that the bond be signed by:
               (1)  at least two authorized corporate sureties; or
               (2)  one corporate surety and at least two good and
  sufficient personal sureties.
         (b)  The guardianship shall pay the cost of a bond with
  corporate sureties. (Tex. Prob. Code, Sec. 703(o).)
         Sec. 1105.162.  DEPOSITS BY PERSONAL SURETY. Instead of
  executing an affidavit under Section 1105.201 or creating a lien
  under Section 1105.202 when required, a personal surety may deposit
  the surety's own cash or securities in the same manner as a guardian
  instead of pledging real property as security, subject to the
  provisions governing the deposits if made by a guardian. (Tex.
  Prob. Code, Sec. 703(p) (part).)
         Sec. 1105.163.  APPLICABILITY OF SUBCHAPTER TO CERTAIN COURT
  ORDERS. To the extent applicable, the provisions of this
  subchapter relating to the deposit of cash and securities cover the
  orders entered by the court when:
               (1)  property of a guardianship has been authorized to
  be sold or rented;
               (2)  money is borrowed from the guardianship;
               (3)  real property, or an interest in real property,
  has been authorized to be leased for mineral development or made
  subject to unitization;
               (4)  the general bond has been found insufficient; or
               (5)  money is borrowed or invested on behalf of a ward.
  (Tex. Prob. Code, Sec. 703(r).)
  [Sections 1105.164-1105.200 reserved for expansion]
  SUBCHAPTER E. PROVISIONS RELATING TO PERSONAL SURETIES
         Sec. 1105.201.  AFFIDAVIT OF PERSONAL SURETY.  (a)  Before a
  judge considers a bond with a personal surety, each personal surety
  must execute an affidavit stating the amount by which the surety's
  assets that are reachable by creditors exceeds the surety's
  liabilities.  The total of the surety's worth must equal at least
  twice the amount of the bond.
         (b)  Each affidavit must be presented to the judge for
  consideration and, if approved, shall be attached to and form part
  of the bond. (Tex. Prob. Code, Sec. 709(a).)
         Sec. 1105.202.  LIEN ON REAL PROPERTY OWNED BY PERSONAL
  SURETY. (a)  If a judge finds that the estimated value of personal
  property of the guardianship that cannot be deposited, as provided
  by Subchapter D, is such that personal sureties cannot be accepted
  without the creation of a specific lien on the real property owned
  by the sureties, the judge shall enter an order requiring each
  surety to designate real property that is owned by the surety,
  located in this state, and subject to execution.  The designated
  property must have a value that exceeds all liens and unpaid taxes
  by an amount at least equal to the amount of the bond and must have
  an adequate legal description, all of which the surety shall
  incorporate in an affidavit. Following approval by the judge, the
  affidavit shall be attached to and form part of the bond.
         (b)  A lien arises as security for the performance of the
  obligation of the bond only on the real property designated in the
  affidavit.
         (c)  Before letters of guardianship are issued to the
  guardian whose bond includes an affidavit under this section, the
  court clerk shall mail a statement to the office of the county clerk
  of each county in which any real property designated in the
  affidavit is located. The statement must be signed by the court
  clerk and include:
               (1)  a sufficient description of the real property;
               (2)  the names of the principal and sureties on the
  bond;
               (3)  the amount of the bond;
               (4)  the name of the guardianship; and
               (5)  the name of the court in which the bond is given.
         (d)  Each county clerk who receives a statement required by
  Subsection (c) shall record the statement in the county deed
  records. Each recorded statement shall be indexed in a manner that
  permits the convenient determination of the existence and character
  of the lien described in the statement.
         (e)  The recording and indexing required by Subsection (d) is
  constructive notice to a person regarding the existence of the lien
  on the real property located in the county, effective as of the date
  of the indexing.
         (f)  If each personal surety subject to a court order under
  this section does not comply with the order, the judge may require
  that the bond be signed by:
               (1)  an authorized corporate surety; or
               (2)  an authorized corporate surety and at least two
  personal sureties. (Tex. Prob. Code, Secs. 709(b), 710.)
         Sec. 1105.203.  SUBORDINATION OF LIEN ON REAL PROPERTY OWNED
  BY PERSONAL SURETY. (a) A personal surety required to create a
  lien on specific real property under Section 1105.202 who wishes to
  lease the real property for mineral development may file a written
  application in the court in which the proceeding is pending
  requesting subordination of the lien to the proposed lease.
         (b)  The judge may enter an order granting the application.
         (c)  A certified copy of an order entered under this section
  that is filed and recorded in the deed records of the proper county
  is sufficient to subordinate the lien to the rights of a lessee
  under the proposed lease. (Tex. Prob. Code, Sec. 709(c).)
         Sec. 1105.204.  RELEASE OF LIEN ON REAL PROPERTY OWNED BY
  PERSONAL SURETIES. (a) A personal surety who has given a lien
  under Section 1105.202 may apply to the court to have the lien
  released.
         (b)  The court shall order the lien released if:
               (1)  the court is satisfied that the bond is sufficient
  without the lien; or
               (2)  sufficient other real or personal property of the
  surety is substituted on the same terms required for the lien that
  is to be released.
         (c)  If the personal surety does not offer a lien on other
  substituted property under Subsection (b)(2) and the court is not
  satisfied that the bond is sufficient without the substitution of
  other property, the court shall order the guardian to appear and
  give a new bond.
         (d)  A certified copy of the court's order releasing the lien
  and describing the property that was subject to the lien has the
  effect of canceling the lien if the order is filed with the county
  clerk and recorded in the deed records of the county in which the
  property is located. (Tex. Prob. Code, Secs. 719, 720.)
  [Sections 1105.205-1105.250 reserved for expansion]
  SUBCHAPTER F. NEW BONDS
         Sec. 1105.251.  GROUNDS FOR REQUIRING NEW BOND.  (a) A
  guardian may be required to give a new bond if:
               (1)  a surety on a bond dies, removes beyond the limits
  of this state, or becomes insolvent;
               (2)  in the court's opinion:
                     (A)  the sureties on a bond are insufficient; or
                     (B)  a bond is defective;
               (3)  the amount of a bond is insufficient;
               (4)  a surety on a bond petitions the court to be
  discharged from future liability on the bond; or
               (5)  a bond and the record of the bond have been lost or
  destroyed.
         (b)  A person interested in the guardianship may have the
  guardian cited to appear and show cause why the guardian should not
  be required to give a new bond by filing a written application with
  the county clerk of the county in which the guardianship proceeding
  is pending. The application must allege that:
               (1)  the bond is insufficient or defective; or
               (2)  the bond and the record of the bond have been lost
  or destroyed. (Tex. Prob. Code, Secs. 711, 712.)
         Sec. 1105.252.  COURT ORDER OR CITATION ON NEW BOND.  (a)
  When a judge is made aware that a bond is insufficient or that a bond
  and the record of the bond have been lost or destroyed, the judge
  shall:
               (1)  without delay and without notice enter an order
  requiring the guardian to give a new bond; or
               (2)  without delay have the guardian cited to show
  cause why the guardian should not be required to give a new bond.
         (b)  An order entered under Subsection (a)(1) must state:
               (1)  the reasons for requiring a new bond;
               (2)  the amount of the new bond; and
               (3)  the period within which the new bond must be given,
  which may not expire earlier than the 10th day after the date of the
  order.
         (c)  A guardian who opposes an order entered under Subsection
  (a)(1) may demand a hearing on the order. The hearing must be held
  before the expiration of the period within which the new bond must
  be given. (Tex. Prob. Code, Secs. 713, 714(a).)
         Sec. 1105.253.  SHOW CAUSE HEARING ON NEW BOND REQUIREMENT.  
  (a) On the return of a citation ordering a guardian to show cause
  why the guardian should not be required to give a new bond, the
  judge shall, on the date specified in the return of citation for the
  hearing of the matter, inquire into the sufficiency of the reasons
  for requiring a new bond.
         (b)  If the judge is satisfied that a new bond should be
  required, the judge shall enter an order requiring a new bond. The
  order must state:
               (1)  the amount of the new bond; and
               (2)  the period within which the new bond must be given,
  which may not expire later than the 20th day after the date of the
  order. (Tex. Prob. Code, Sec. 714(b).)
         Sec. 1105.254.  EFFECT OF ORDER REQUIRING NEW BOND. (a) An
  order requiring a guardian to give a new bond has the effect of
  suspending the guardian's powers.
         (b)  After the order is entered, the guardian may not pay out
  any of the guardianship's money or take any other official action,
  except to preserve the guardianship's property, until the new bond
  is given and approved. (Tex. Prob. Code, Sec. 715.)
         Sec. 1105.255.  NEW BOND IN DECREASED AMOUNT.  (a) A
  guardian required to give a bond may at any time file with the clerk
  a written application requesting that the court reduce the amount
  of the bond.
         (b)  After the guardian files an application under
  Subsection (a), the clerk shall issue and have posted notice to all
  persons interested in the estate and to a surety on the bond. The
  notice must inform the interested persons and surety of:
               (1)  the fact that the application has been filed;
               (2)  the nature of the application; and
               (3)  the time the judge will hear the application.
         (c)  The judge may permit the filing of a new bond in a
  reduced amount if:
               (1)  proof is submitted that a bond in an amount less
  than the bond in effect will be adequate to meet the requirements of
  law and protect the guardianship; and
               (2)  the judge approves an accounting filed at the time
  of the application. (Tex. Prob. Code, Sec. 716.)
         Sec. 1105.256.  REQUEST BY SURETY FOR NEW BOND. (a) A
  surety on a guardian's bond may at any time file with the clerk a
  petition requesting that the court in which the proceeding is
  pending:
               (1)  require the guardian to give a new bond; and
               (2)  discharge the petitioner from all liability for
  the future acts of the guardian.
         (b)  If a petition is filed under Subsection (a), the
  guardian shall be cited to appear and give a new bond. (Tex. Prob.
  Code, Sec. 718.)
         Sec. 1105.257.  DISCHARGE OF FORMER SURETIES ON APPROVAL OF
  NEW BOND. When a new bond has been given and approved, the judge
  shall enter an order discharging the sureties on the former bond
  from all liability for the future acts of the principal on the bond.  (Tex. Prob. Code, Sec. 717.)
 
  CHAPTER 1106. LETTERS OF GUARDIANSHIP
  Sec. 1106.001.  ISSUANCE OF CERTIFICATE AS LETTERS OF
                   GUARDIANSHIP 
  Sec. 1106.002.  EXPIRATION OF LETTERS OF GUARDIANSHIP 
  Sec. 1106.003.  RENEWAL OF LETTERS OF GUARDIANSHIP 
  Sec. 1106.004.  REPLACEMENT AND OTHER ADDITIONAL
                   LETTERS OF GUARDIANSHIP 
  Sec. 1106.005.  EFFECT OF LETTERS OR CERTIFICATE 
  Sec. 1106.006.  VALIDATION OF CERTAIN LETTERS OF
                   GUARDIANSHIP 
  CHAPTER 1106. LETTERS OF GUARDIANSHIP
         Sec. 1106.001.  ISSUANCE OF CERTIFICATE AS LETTERS OF
  GUARDIANSHIP. (a)  When a person who is appointed guardian has
  qualified under Section 1105.002, the clerk shall issue to the
  guardian a certificate under seal stating:
               (1)  the fact of the appointment and of the
  qualification;
               (2)  the date of the appointment and of the
  qualification; and
               (3)  the date the letters of guardianship expire.
         (b)  The certificate issued by the clerk under Subsection (a)
  constitutes letters of guardianship.  (Tex. Prob. Code, Sec.
  659(a).)
         Sec. 1106.002.  EXPIRATION OF LETTERS OF GUARDIANSHIP.  
  Letters of guardianship expire one year and four months after the
  date the letters are issued, unless renewed. (Tex. Prob. Code, Sec.
  659(b).)
         Sec. 1106.003.  RENEWAL OF LETTERS OF GUARDIANSHIP.  (a)  The
  clerk may not renew letters of guardianship relating to the
  appointment of a guardian of the estate until the court receives and
  approves the guardian's annual account.
         (b)  The clerk may not renew letters of guardianship relating
  to the appointment of a guardian of the person until the court
  receives and approves the guardian's annual report.
         (c)  If a guardian's annual account or annual report is
  disapproved or is not timely filed, the clerk may not issue further
  letters of guardianship to the delinquent guardian unless ordered
  by the court.
         (d)  Except as otherwise provided by this subsection,
  regardless of the date the court approves an annual account or
  annual report for purposes of this section, a renewal of letters of
  guardianship relates back to the date the original letters were
  issued. If the accounting period has been changed as provided by
  this title, a renewal relates back to the first day of the
  accounting period. (Tex. Prob. Code, Secs. 659(c), (d).)
         Sec. 1106.004.  REPLACEMENT AND OTHER ADDITIONAL LETTERS OF
  GUARDIANSHIP. When letters of guardianship have been destroyed or
  lost, the clerk shall issue new letters that have the same effect as
  the original letters. The clerk shall also issue any number of
  letters on request of the person who holds the letters. (Tex. Prob.
  Code, Sec. 661.)
         Sec. 1106.005.  EFFECT OF LETTERS OR CERTIFICATE. (a)  
  Letters of guardianship or a certificate issued under Section
  1106.001 under seal of the clerk of the court that granted the
  letters is sufficient evidence of:
               (1)  the appointment and qualification of the guardian;
  and
               (2)  the date of qualification.
         (b)  The court order that appoints the guardian is evidence
  of the authority granted to the guardian and of the scope of the
  powers and duties that the guardian may exercise only after the date
  letters of guardianship or a certificate has been issued under
  Section 1106.001. (Tex. Prob. Code, Sec. 660.)
         Sec. 1106.006.  VALIDATION OF CERTAIN LETTERS OF
  GUARDIANSHIP.  (a) Letters of guardianship existing on September
  1, 1993, that were issued to a nonresident guardian without the
  procedure or any part of the procedure provided in this chapter, or
  without a notice or citation required of a resident guardian, are
  validated as of the letters' dates, to the extent that the absence
  of the procedure, notice, or citation is concerned.  An otherwise
  valid conveyance, mineral lease, or other act of a nonresident
  guardian qualified and acting in connection with the letters of
  guardianship and under supporting orders of a county or probate
  court of this state is validated.
         (b)  This section does not apply to letters of guardianship,
  a conveyance, a lease, or another act of a nonresident guardian
  under this section if the absence of the procedure, notice, or
  citation involving the letters, conveyance, lease, or other act of
  the nonresident guardian is an issue in a lawsuit pending in this
  state on September 1, 1993.  (Tex. Prob. Code, Sec. 663.)
  [Chapters 1107-1150 reserved for expansion]
  SUBTITLE E.  ADMINISTRATION OF GUARDIANSHIP
  CHAPTER 1151.  RIGHTS, POWERS, AND DUTIES UNDER GUARDIANSHIP
  SUBCHAPTER A.  RIGHTS, POWERS, AND DUTIES IN GENERAL
  Sec. 1151.001.  RIGHTS AND POWERS RETAINED BY WARD 
  Sec. 1151.002.  RIGHTS OF GOOD FAITH PURCHASERS 
  Sec. 1151.003.  GUARDIAN MAY NOT DISPUTE WARD'S RIGHT
                   TO PROPERTY; EXCEPTION 
  Sec. 1151.004.  POWERS AND DUTIES OF PERSON SERVING AS
                   GUARDIAN OF BOTH PERSON AND ESTATE 
  [Sections 1151.005-1151.050 reserved for expansion]
  SUBCHAPTER B. POWERS AND DUTIES OF GUARDIANS RELATING TO CARE OF
  WARD
  Sec. 1151.051.  GENERAL POWERS AND DUTIES OF GUARDIANS
                   OF THE PERSON 
  Sec. 1151.052.  CARE OF ADULT WARD 
  Sec. 1151.053.  COMMITMENT OF WARD 
  Sec. 1151.054.  ADMINISTRATION OF MEDICATION 
  [Sections 1151.055-1151.100 reserved for expansion]
  SUBCHAPTER C. GENERAL POWERS AND DUTIES OF GUARDIANS OF THE ESTATE
  Sec. 1151.101.  GENERAL POWERS AND DUTIES 
  Sec. 1151.102.  EXERCISE OF AUTHORITY UNDER COURT ORDER 
  Sec. 1151.103.  EXERCISE OF AUTHORITY WITHOUT COURT
                   ORDER 
  Sec. 1151.104.  AUTHORITY TO COMMENCE SUITS 
  Sec. 1151.105.  ORDINARY DILIGENCE REQUIRED 
  [Sections 1151.106-1151.150 reserved for expansion]
  SUBCHAPTER D.  POSSESSION AND CARE OF WARD'S PROPERTY BY GUARDIAN OF
  THE ESTATE
  Sec. 1151.151.  DUTY OF CARE 
  Sec. 1151.152.  POSSESSION OF PERSONAL PROPERTY AND
                   RECORDS 
  Sec. 1151.153.  POSSESSION OF PROPERTY HELD IN COMMON
                   OWNERSHIP 
  Sec. 1151.154.  ADMINISTRATION OF PARTNERSHIP INTEREST 
  Sec. 1151.155.  OPERATION OR RENTAL OF FARM, RANCH,
                   FACTORY, OR OTHER BUSINESS 
  [Sections 1151.156-1151.200 reserved for expansion]
  SUBCHAPTER E. AUTHORITY OF GUARDIAN TO ENGAGE IN CERTAIN BORROWING
  Sec. 1151.201.  MORTGAGE OR PLEDGE OF ESTATE PROPERTY
                   AUTHORIZED IN CERTAIN CIRCUMSTANCES 
  Sec. 1151.202.  APPLICATION; ORDER 
  Sec. 1151.203.  TERM OF LOAN OR RENEWAL 
  [Sections 1151.204-1151.250 reserved for expansion]
  SUBCHAPTER F. GUARDIANS APPOINTED FOR WARD TO RECEIVE GOVERNMENT
  FUNDS
  Sec. 1151.251.  POWERS AND DUTIES OF GUARDIAN APPOINTED
                   AS NECESSARY FOR WARD TO RECEIVE
                   GOVERNMENT FUNDS 
  Sec. 1151.252.  VALIDATION OF CERTAIN PRIOR ACTS OF
                   GUARDIAN 
  [Sections 1151.253-1151.300 reserved for expansion]
  SUBCHAPTER G. NOTICE BY GUARDIAN TO DEPARTMENT OF VETERANS AFFAIRS
  Sec. 1151.301.  NOTICE OF FILING REQUIRED; HEARING DATE 
  CHAPTER 1151. RIGHTS, POWERS, AND DUTIES UNDER GUARDIANSHIP
  SUBCHAPTER A. RIGHTS, POWERS, AND DUTIES IN GENERAL
         Sec. 1151.001.  RIGHTS AND POWERS RETAINED BY WARD. An
  incapacitated person for whom a guardian is appointed retains all
  legal and civil rights and powers except those designated by court
  order as legal disabilities by virtue of having been specifically
  granted to the guardian. (Tex. Prob. Code, Sec. 675.)
         Sec. 1151.002.  RIGHTS OF GOOD FAITH PURCHASERS. (a) This
  section applies only to a guardian who has qualified acting as
  guardian and in conformity with the law and the guardian's
  authority.
         (b)  A guardian's act is valid for all purposes regarding the
  rights of an innocent purchaser of property of the guardianship
  estate who purchased the property from the guardian for valuable
  consideration, in good faith, and without notice of any illegality
  in the title to the property, regardless of whether the guardian's
  act or the authority under which the act was performed is
  subsequently set aside, annulled, or declared invalid. (Tex. Prob.
  Code, Sec. 662.)
         Sec. 1151.003.  GUARDIAN MAY NOT DISPUTE WARD'S RIGHT TO
  PROPERTY; EXCEPTION. A guardian, or an heir, executor,
  administrator, or assignee of a guardian, may not dispute the right
  of the ward to any property that came into the guardian's possession
  as guardian of the ward, except property:
               (1)  that is recovered from the guardian; or
               (2)  on which there is a personal action pending. (Tex.
  Prob. Code, Sec. 778.)
         Sec. 1151.004.  POWERS AND DUTIES OF PERSON SERVING AS
  GUARDIAN OF BOTH PERSON AND ESTATE. The guardian of both the person
  and the estate of a ward has all the rights and powers and shall
  perform all the duties of the guardian of the person and the
  guardian of the estate. (Tex. Prob. Code, Sec. 769.)
  [Sections 1151.005-1151.050 reserved for expansion]
  SUBCHAPTER B. POWERS AND DUTIES OF GUARDIANS RELATING TO CARE OF
  WARD
         Sec. 1151.051.  GENERAL POWERS AND DUTIES OF GUARDIANS OF
  THE PERSON. (a)  The guardian of the person of a ward is entitled
  to take charge of the person of the ward.
         (b)  The duties of the guardian of the person correspond with
  the rights of the guardian.
         (c)  A guardian of the person has:
               (1)  the right to have physical possession of the ward
  and to establish the ward's legal domicile;
               (2)  the duty to provide care, supervision, and
  protection for the ward;
               (3)  the duty to provide the ward with clothing, food,
  medical care, and shelter;
               (4)  the power to consent to medical, psychiatric, and
  surgical treatment other than the inpatient psychiatric commitment
  of the ward; and
               (5)  on application to and order of the court, the power
  to establish a trust in accordance with 42 U.S.C. Section
  1396p(d)(4)(B) and direct that the income of the ward as defined by
  that section be paid directly to the trust, solely for the purpose
  of the ward's eligibility for medical assistance under Chapter 32,
  Human Resources Code.
         (d)  Notwithstanding Subsection (c)(4), a guardian of the
  person of a ward has the power to personally transport the ward or
  to direct the ward's transport by emergency medical services or
  other means to an inpatient mental health facility for a
  preliminary examination in accordance with Subchapters A and C,
  Chapter 573, Health and Safety Code. (Tex. Prob. Code, Sec. 767.)
         Sec. 1151.052.  CARE OF ADULT WARD. (a)  The guardian of an
  adult ward may spend funds of the guardianship as provided by court
  order to care for and maintain the ward.
         (b)  The guardian of an adult ward who has decision-making
  ability may apply on the ward's behalf for residential care and
  services provided by a public or private facility if the ward agrees
  to be placed in the facility.  The guardian shall report the
  condition of the ward to the court at regular intervals at least
  annually, unless the court orders more frequent reports. The
  guardian shall include in a report of an adult ward who is receiving
  residential care in a public or private residential care facility a
  statement as to the necessity for continued care in the facility.
  (Tex. Prob. Code, Sec. 770(a).)
         Sec. 1151.053.  COMMITMENT OF WARD. (a) Except as provided
  by Subsection (b) or (c), a guardian may not voluntarily admit a
  ward to a public or private inpatient psychiatric facility operated
  by the Department of State Health Services for care and treatment or
  to a residential facility operated by the Department of Aging and
  Disability Services for care and treatment. If care and treatment
  in a psychiatric or residential facility is necessary, the ward or
  the ward's guardian may:
               (1)  apply for services under Section 593.027 or
  593.028, Health and Safety Code;
               (2)  apply to a court to commit the person under
  Subtitle C or D, Title 7, Health and Safety Code, or Chapter 462,
  Health and Safety Code; or
               (3)  transport the ward to an inpatient mental health
  facility for a preliminary examination in accordance with
  Subchapters A and C, Chapter 573, Health and Safety Code.
         (b)  A guardian of a person younger than 16 years of age may
  voluntarily admit an incapacitated person to a public or private
  inpatient psychiatric facility for care and treatment.
         (c)  A guardian of a person may voluntarily admit an
  incapacitated person to a residential care facility for emergency
  care or respite care under Section 593.027 or 593.028, Health and
  Safety Code. (Tex. Prob. Code, Secs. 770(b), (c), (d).)
         Sec. 1151.054.  ADMINISTRATION OF MEDICATION. (a) In this
  section, "psychoactive medication" has the meaning assigned by
  Section 574.101, Health and Safety Code.
         (b)  The guardian of the person of a ward who is not a minor
  and who is under a protective custody order as provided by
  Subchapter B, Chapter 574, Health and Safety Code, may consent to
  the administration of psychoactive medication as prescribed by the
  ward's treating physician regardless of the ward's expressed
  preferences regarding treatment with psychoactive medication.
  (Tex. Prob. Code, Sec. 770A.)
  [Sections 1151.055-1151.100 reserved for expansion]
  SUBCHAPTER C. GENERAL POWERS AND DUTIES OF GUARDIANS OF THE ESTATE
         Sec. 1151.101.  GENERAL POWERS AND DUTIES.  (a) Subject to
  Subsection (b), the guardian of the estate of a ward is entitled to:
               (1)  possess and manage all property belonging to the
  ward;
               (2)  collect all debts, rentals, or claims that are due
  to the ward;
               (3)  enforce all obligations in favor of the ward; and
               (4)  bring and defend suits by or against the ward.
         (b)  In the management of a ward's estate, the guardian of
  the estate is governed by the provisions of this title.  (Tex. Prob.
  Code, Sec. 768 (part).)
         Sec. 1151.102.  EXERCISE OF AUTHORITY UNDER COURT ORDER.
  (a) The guardian of the estate may renew or extend any obligation
  owed by or to the ward on application and if authorized by order.
         (b)  On written application to the court, a guardian of the
  estate may take an action described by Subsection (c) if:
               (1)  the guardian considers the action in the best
  interests of the estate; and
               (2)  the action is authorized by court order.
         (c)  A guardian of the estate who complies with Subsection
  (b) may:
               (1)  purchase or exchange property;
               (2)  take a claim or property for the use and benefit of
  the estate in payment of a debt due or owing to the estate;
               (3)  compound a bad or doubtful debt due or owing to the
  estate;
               (4)  make a compromise or a settlement in relation to
  property or a claim in dispute or litigation;
               (5)  compromise or pay in full any secured claim that
  has been allowed and approved as required by law against the estate
  by conveying to the holder of the secured claim the real estate or
  personal property securing the claim:
                     (A)  in full payment, liquidation, and
  satisfaction of the claim; and
                     (B)  in consideration of cancellation of a note,
  deed of trust, mortgage, chattel mortgage, or other evidence of a
  lien that secures the payment of the claim;
               (6)  abandon worthless or burdensome property and the
  administration of that property;
               (7)  purchase a prepaid funeral benefits contract; and
               (8)  establish a trust in accordance with 42 U.S.C.
  Section 1396p(d)(4)(B), and direct that the income of the ward as
  defined by that section be paid directly to the trust, solely for
  the purpose of the ward's eligibility for medical assistance under
  Chapter 32, Human Resources Code.
         (d)  A mortgagee, another secured party, or a trustee may
  foreclose on property abandoned under Subsection (c)(6) without
  further court order.  (Tex. Prob. Code, Sec. 774(a).)
         Sec. 1151.103.  EXERCISE OF AUTHORITY WITHOUT COURT ORDER.
  (a) The guardian of the estate of a ward may, without application to
  or order of the court:
               (1)  release a lien on payment at maturity of the debt
  secured by the lien;
               (2)  vote stocks by limited or general proxy;
               (3)  pay calls and assessments;
               (4)  insure the estate against liability in appropriate
  cases;
               (5)  insure estate property against fire, theft, and
  other hazards; and
               (6)  pay taxes, court costs, and bond premiums.
         (b)  A guardian of the estate may apply and obtain a court
  order if the guardian doubts the propriety of the exercise of any
  power listed in Subsection (a). (Tex. Prob. Code, Sec. 774(b).)
         Sec. 1151.104.  AUTHORITY TO COMMENCE SUITS. (a)  The
  guardian of the estate of a ward appointed in this state may
  commence a suit for:
               (1)  the recovery of personal property, debts, or
  damages; or
               (2)  title to or possession of land, any right attached
  to or arising from that land, or injury or damage done.
         (b)  A judgment in a suit described by Subsection (a) is
  conclusive, but may be set aside by any person interested for fraud
  or collusion on the guardian's part. (Tex. Prob. Code, Sec. 773.)
         Sec. 1151.105.  ORDINARY DILIGENCE REQUIRED. (a) If there
  is a reasonable prospect of collecting the claims or recovering the
  property, the guardian of the estate shall use ordinary diligence
  to:
               (1)  collect all claims and debts due the ward; and
               (2)  recover possession of all property to which the
  ward has claim or title.
         (b)  If the guardian wilfully neglects to use ordinary
  diligence, the guardian and the sureties on the guardian's bond are
  liable, on the suit of any person interested in the estate, for the
  use of the estate, the amount of the claims, or the value of the
  property that has been lost due to the guardian's neglect. (Tex.
  Prob. Code, Sec. 772.)
  [Sections 1151.106-1151.150 reserved for expansion]
  SUBCHAPTER D.  POSSESSION AND CARE OF WARD'S PROPERTY BY GUARDIAN OF
  THE ESTATE
         Sec. 1151.151.  DUTY OF CARE. (a)  The guardian of the
  estate shall take care of and manage the estate as a prudent person
  would manage the person's own property, except as otherwise
  provided by this title.
         (b)  The guardian of the estate shall account for all rents,
  profits, and revenues that the estate would have produced by
  prudent management as required by Subsection (a).  (Tex. Prob.
  Code, Sec. 768 (part).)
         Sec. 1151.152.  POSSESSION OF PERSONAL PROPERTY AND RECORDS.
  (a) Immediately after receiving letters of guardianship, the
  guardian of the estate shall collect and take possession of the
  ward's personal property, record books, title papers, and other
  business papers.
         (b)  The guardian of the estate shall deliver the ward's
  personal property, record books, title papers, and other business
  papers to a person legally entitled to that property when:
               (1)  the guardianship has been closed; or
               (2)  a successor guardian has received letters of
  guardianship. (Tex. Prob. Code, Sec. 771.)
         Sec. 1151.153.  POSSESSION OF PROPERTY HELD IN COMMON
  OWNERSHIP. The guardian of the estate is entitled to possession of
  a ward's property held or owned in common with a part owner in the
  same manner as another owner in common or joint owner is entitled.  
  (Tex. Prob. Code, Sec. 775.)
         Sec. 1151.154.  ADMINISTRATION OF PARTNERSHIP INTEREST. (a)  
  This section applies only to a general partnership governed by a
  partnership agreement or articles of partnership that provide that,
  on the incapacity of a partner, the guardian of the estate of the
  partner is entitled to the place of the incapacitated partner in the
  partnership.
         (b)  If a ward was a partner in a general partnership, the
  guardian who contracts to come into the partnership is, to the
  extent allowed by law, liable to a third person only to the extent
  of:
               (1)  the incapacitated partner's capital in the
  partnership; and
               (2)  the assets of the incapacitated partner's estate
  that are held by the guardian.
         (c)  This section does not exonerate a guardian from
  liability for the guardian's negligence. (Tex. Prob. Code, Sec.
  780.)
         Sec. 1151.155.  OPERATION OR RENTAL OF FARM, RANCH, FACTORY,
  OR OTHER BUSINESS. (a) If the ward owns a farm, ranch, factory, or
  other business that is not required to be immediately sold for the
  payment of a debt or other lawful purpose, the guardian of the
  estate on order of the court shall, as it appears to be in the
  estate's best interests:
               (1)  continue to operate, or cause the continued
  operation of, the farm, ranch, factory, or other business; or
               (2)  rent the farm, ranch, factory, or other business.
         (b)  In deciding whether to issue an order under Subsection
  (a), the court:
               (1)  shall consider:
                     (A)  the condition of the estate; and
                     (B)  the necessity that may exist for the future
  sale of the property or business for the payment of a debt, claim,
  or other lawful expenditure; and
               (2)  may not extend the time of renting any of the
  property beyond what appears consistent with the maintenance and
  education of a ward or the settlement of the ward's estate. (Tex.
  Prob. Code, Sec. 779.)
  [Sections 1151.156-1151.200 reserved for expansion]
  SUBCHAPTER E. AUTHORITY OF GUARDIAN TO ENGAGE IN CERTAIN BORROWING
         Sec. 1151.201.  MORTGAGE OR PLEDGE OF ESTATE PROPERTY
  AUTHORIZED IN CERTAIN CIRCUMSTANCES. (a) Under court order, the
  guardian may mortgage or pledge any property of a guardianship
  estate by deed of trust or otherwise as security for an indebtedness
  when necessary for:
               (1)  the payment of any ad valorem, income, gift, or
  transfer tax due from a ward, regardless of whether the tax is
  assessed by a state, a political subdivision of the state, the
  federal government, or a foreign country;
               (2)  the payment of any expense of administration,
  including amounts necessary for the operation of a business, farm,
  or ranch owned by the estate;
               (3)  the payment of any claim allowed and approved, or
  established by suit, against the ward or the ward's estate;
               (4)  the renewal and extension of an existing lien;
               (5)  an improvement or repair to the ward's real estate
  if:
                     (A)  the real estate is not revenue producing but
  could be made revenue producing by certain improvements and
  repairs; or
                     (B)  the revenue from the real estate could be
  increased by making improvements or repairs to the real estate;
               (6)  the purchase of a residence for the ward or a
  dependent of the ward, if the court finds that borrowing money for
  that purpose is in the ward's best interests; and
               (7)  funeral expenses of the ward and expenses of the
  ward's last illness, if the guardianship is kept open after the
  ward's death.
         (b)  Under court order, the guardian of the estate may also
  receive an extension of credit on the ward's behalf that is wholly
  or partly secured by a lien on real property that is the ward's
  homestead when necessary to:
               (1)  make an improvement or repair to the homestead; or
               (2)  pay for the ward's education or medical expenses.
         (c)  Proceeds of a home equity loan described by  Subsection
  (b) may be used only for the purposes authorized under Subsection
  (b) and to pay the outstanding balance of the loan. (Tex. Prob.
  Code, Secs. 781(a), (a-1), (a-2).)
         Sec. 1151.202.  APPLICATION; ORDER. (a)  The guardian of the
  estate must file a sworn application with the court for authority
  to:
               (1)  borrow money for a purpose authorized by Section
  1151.201(a) or (b); or
               (2)  create or extend a lien on estate property as
  security.
         (b)  The application must state fully and in detail the
  circumstances that the guardian of the estate believes make the
  granting of the authority necessary.
         (c)  On the filing of an application under Subsection (a),
  the clerk shall issue and have posted a citation to all interested
  persons stating the nature of the application and requiring the
  interested persons to appear and show cause why the application
  should not be granted.
         (d)  If the court is satisfied by the evidence presented at
  the hearing on an application filed under Subsection (a) that it is
  in the interest of the ward or the ward's estate to borrow money or
  to extend and renew an existing lien, the court shall issue an order
  to that effect, setting out the terms of the authority granted.
         (e)  If a new lien is created on guardianship estate
  property, the court may require, for the protection of the
  guardianship estate and the estate's creditors, that the guardian's
  general bond be increased or an additional bond be given, as for the
  sale of real property belonging to the estate. (Tex. Prob. Code,
  Secs. 781(b), (c) (part).)
         Sec. 1151.203.  TERM OF LOAN OR RENEWAL. The term of a loan
  or renewal authorized under Section 1151.202 must be for the length
  of time that the court determines to be in the best interests of the
  ward or the ward's estate. (Tex. Prob. Code, Sec. 781(c) (part).)
  [Sections 1151.204-1151.250 reserved for expansion]
  SUBCHAPTER F. GUARDIANS APPOINTED FOR WARD TO RECEIVE GOVERNMENT
  FUNDS
         Sec. 1151.251.  POWERS AND DUTIES OF GUARDIAN APPOINTED AS
  NECESSARY FOR WARD TO RECEIVE GOVERNMENT FUNDS. (a) A guardian of
  the person for whom it is necessary to have a guardian appointed to
  receive funds from a governmental source may:
               (1)  administer only:
                     (A)  the funds received from the governmental
  source;
                     (B)  all earnings, interest, or profits derived
  from the funds; and
                     (C)  all property acquired with the funds; and
               (2)  receive the funds and pay the expenses of
  administering the guardianship and the expenses for the support,
  maintenance, or education of the ward or the ward's dependents.
         (b)  Expenditures under Subsection (a)(2) for the support,
  maintenance, or education of the ward or the ward's dependents may
  not exceed $12,000 during any 12-month period without the court's
  approval.  (Tex. Prob. Code, Sec. 782(a).)
         Sec. 1151.252.  VALIDATION OF CERTAIN PRIOR ACTS OF
  GUARDIAN.  An act performed before September 1, 1993, by a guardian
  of the estate of a person for whom it is necessary to have a guardian
  appointed to receive and disburse funds that are due the person from
  a governmental source is validated if the act was performed in
  conformance with an order of a court that has venue with respect to
  the support, maintenance, and education of the ward or the ward's
  dependents and the investment of surplus funds of the ward under
  this title and if the validity of the act was not an issue in a
  probate proceeding or civil lawsuit that was pending on September
  1, 1993. (Tex. Prob. Code, Sec. 782(b).)
  [Sections 1151.253-1151.300 reserved for expansion]
  SUBCHAPTER G. NOTICE BY GUARDIAN TO DEPARTMENT OF VETERANS AFFAIRS
         Sec. 1151.301.  NOTICE OF FILING REQUIRED; HEARING DATE.
  (a) This section applies only to:
               (1)  a filing by a guardian whose ward is a beneficiary
  of the Department of Veterans Affairs of:
                     (A)  an annual or other account of funds; or
                     (B)  an application for the expenditure or
  investment of funds; or
               (2)  a filing of a claim against the estate of a ward
  who is a beneficiary of the Department of Veterans Affairs.
         (b)  The court shall set a date for a hearing of a matter
  initiated by a filing to which this section applies not earlier than
  20 days from the date of the filing.
         (c)  Not later than the fifth day after the date of a filing
  to which this section applies, the person who makes the filing shall
  give notice of the date of the filing by mailing a certified copy of
  the filing to the office of the Department of Veterans Affairs in
  whose territory the court is located.
         (d)  An office of the Department of Veterans Affairs through
  its attorney may waive the service of notice or the time required
  for setting a hearing under this section. (Tex. Prob. Code, Sec.
  636.)
  CHAPTER 1152.  GUARDIANSHIP PENDING APPEAL OF APPOINTMENT
  Sec. 1152.001.  GUARDIAN TO SERVE PENDING APPEAL OF
                   APPOINTMENT 
  Sec. 1152.002.  APPEAL BOND 
  CHAPTER 1152. GUARDIANSHIP PENDING APPEAL OF APPOINTMENT
         Sec. 1152.001.  GUARDIAN TO SERVE PENDING APPEAL OF
  APPOINTMENT. Pending an appeal from an order or judgment
  appointing a guardian, the appointee shall continue to:
               (1)  act as guardian; and
               (2)  prosecute a pending suit in favor of the
  guardianship. (Tex. Prob. Code, Sec. 655.)
         Sec. 1152.002.  APPEAL BOND. (a) Except as provided by
  Subsection (b), if a guardian appeals, an appeal bond is not
  required.
         (b)  A guardian must give an appeal bond if the appeal
  personally concerns the guardian. (Tex. Prob. Code, Sec. 656.)
  CHAPTER 1153.  NOTICE TO CLAIMANTS
  Sec. 1153.001.  REQUIRED NOTICE REGARDING PRESENTMENT
                   OF CLAIMS IN GENERAL 
  Sec. 1153.002.  PROOF OF PUBLICATION 
  Sec. 1153.003.  REQUIRED NOTICE TO CERTAIN CLAIMANTS 
  Sec. 1153.004.  PERMISSIVE NOTICE TO UNSECURED CREDITOR
                   REGARDING PERIOD FOR PRESENTMENT OF
                   CLAIM 
  Sec. 1153.005.  ONE NOTICE SUFFICIENT; LIABILITY FOR
                   FAILURE TO GIVE REQUIRED NOTICE 
  CHAPTER 1153.  NOTICE TO CLAIMANTS
         Sec. 1153.001.  REQUIRED NOTICE REGARDING PRESENTMENT OF
  CLAIMS IN GENERAL.  (a) Within one month after receiving letters of
  guardianship, a guardian of an estate shall provide notice
  requiring each person who has a claim against the estate to present
  the claim within the period prescribed by law.  The notice must be:
               (1)  published in a newspaper printed in the county in
  which the letters were issued; and
               (2)  sent to the comptroller by certified or registered
  mail, if the ward remitted or should have remitted taxes
  administered by the comptroller.
         (b)  Notice provided under Subsection (a) must include:
               (1)  the date the letters of guardianship were issued
  to the guardian of the estate;
               (2)  the address to which a claim may be presented; and
               (3)  an instruction of the guardian's choice that the
  claim be addressed in care of:
                     (A)  the guardian;
                     (B)  the guardian's attorney; or
                     (C)  "Guardian, Estate of ____________" (naming
  the estate).
         (c)  If a newspaper is not printed in the county in which the
  letters of guardianship were issued, the notice must be posted and
  the return made and filed as otherwise required by this title. (Tex.
  Prob. Code, Secs. 783(a), (c).)
         Sec. 1153.002.  PROOF OF PUBLICATION. A copy of the
  published notice required by Section 1153.001(a)(1), with the
  publisher's affidavit, sworn to and subscribed before a proper
  officer, to the effect that the notice was published as provided in
  this title for the service of citation or notice by publication,
  shall be filed in the court in which the cause is pending. (Tex.
  Prob. Code, Sec. 783(b).)
         Sec. 1153.003.  REQUIRED NOTICE TO CERTAIN CLAIMANTS.  (a)
  Within four months after receiving letters of guardianship, the
  guardian of an estate shall give notice of the issuance of the
  letters to each person who has a claim for money against the ward's
  estate:
               (1)  that is secured by a deed of trust, mortgage, or
  vendor's, mechanic's, or other contractor's lien on real estate
  belonging to the estate; or
               (2)  about which the guardian has actual knowledge.
         (b)  Notice provided under this section must be:
               (1)  sent by certified or registered mail, return
  receipt requested; and
               (2)  addressed to the record holder of the claim at the
  record holder's last known post office address.
         (c)  The following shall be filed in the court from which the
  letters of guardianship were issued:
               (1)  a copy of each notice required by Subsection
  (a)(1) with the return receipt; and
               (2)  the guardian's affidavit stating:
                     (A)  that the notice was mailed as required by
  law; and
                     (B)  the name of the person to whom the notice was
  mailed, if that name is not shown on the notice or receipt.  (Tex.
  Prob. Code, Secs. 784(a), (b), (c), (d).)
         Sec. 1153.004.  PERMISSIVE NOTICE TO UNSECURED CREDITOR
  REGARDING PERIOD FOR PRESENTMENT OF CLAIM.  The guardian of the
  estate may expressly state in a notice given to an unsecured
  creditor under Section 1153.003(a)(2) that the creditor must
  present a claim not later than the 120th day after the date the
  creditor receives the notice or the claim is barred, if the claim is
  not barred by the general statutes of limitation.  A statement under
  this section must include:
               (1)  the address to which the claim may be presented;
  and
               (2)  an instruction that the claim be filed with the
  clerk of the court that issued the letters of guardianship. (Tex.
  Prob. Code, Sec. 784(e).)
         Sec. 1153.005.  ONE NOTICE SUFFICIENT; LIABILITY FOR FAILURE
  TO GIVE REQUIRED NOTICE. (a)  A guardian of an estate is not
  required to give a notice required by Section 1153.003 if another
  person also appointed as guardian or a former guardian has given
  that notice.
         (b)  If the guardian fails to give a notice required by other
  sections of this title or to cause the notice to be given, the
  guardian and the sureties on the guardian's bond are liable for any
  damage a person suffers because of the neglect, unless it appears
  that the person otherwise had notice.  (Tex. Prob. Code, Sec. 785.)
  CHAPTER 1154.  INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
  SUBCHAPTER A. APPRAISERS
  Sec. 1154.001.  APPOINTMENT OF APPRAISERS 
  Sec. 1154.002.  APPRAISERS' FEES 
  Sec. 1154.003.  FAILURE OR REFUSAL TO ACT BY APPRAISERS 
  [Sections 1154.004-1154.050 reserved for expansion]
  SUBCHAPTER B. REQUIREMENTS FOR INVENTORY, APPRAISEMENT, AND LIST
  OF CLAIMS
  Sec. 1154.051.  INVENTORY AND APPRAISEMENT 
  Sec. 1154.052.  LIST OF CLAIMS 
  Sec. 1154.053.  AFFIDAVIT OF GUARDIAN 
  Sec. 1154.054.  APPROVAL OR DISAPPROVAL BY THE COURT 
  Sec. 1154.055.  FAILURE OF JOINT GUARDIANS TO FILE
                   INVENTORY, APPRAISEMENT, AND LIST OF
                   CLAIMS 
  [Sections 1154.056-1154.100 reserved for expansion]
  SUBCHAPTER C. CHANGES TO INVENTORY, APPRAISEMENT, AND LIST OF
  CLAIMS
  Sec. 1154.101.  DISCOVERY OF ADDITIONAL PROPERTY OR
                   CLAIMS 
  Sec. 1154.102.  ADDITIONAL INVENTORY AND APPRAISEMENT
                   OR LIST OF CLAIMS 
  Sec. 1154.103.  CORRECTION OF INVENTORY, APPRAISEMENT,
                   OR LIST OF CLAIMS FOR ERRONEOUS OR
                   UNJUST ITEM 
  Sec. 1154.104.  REAPPRAISEMENT 
  [Sections 1154.105-1154.150 reserved for expansion]
  SUBCHAPTER D. USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS AS
  EVIDENCE
  Sec. 1154.151.  USE OF INVENTORY, APPRAISEMENT, AND
                   LIST OF CLAIMS AS EVIDENCE 
  CHAPTER 1154. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
  SUBCHAPTER A. APPRAISERS
         Sec. 1154.001.  APPOINTMENT OF APPRAISERS. (a) After
  letters of guardianship of the estate are granted, the court, for
  good cause shown, on the court's own motion or the motion of any
  interested person, shall appoint at least one but not more than
  three disinterested persons who are residents of the county in
  which the letters were granted to appraise the ward's property.
         (b)  If the court makes an appointment under Subsection (a)
  and part of the estate is located in a county other than the county
  in which the letters were granted, the court, if the court considers
  it necessary, may appoint at least one but not more than three
  disinterested persons who are residents of the county in which the
  relevant part of the estate is located to appraise the estate
  property located in that county. (Tex. Prob. Code, Sec. 727.)
         Sec. 1154.002.  APPRAISERS' FEES. An appraiser appointed by
  the court is entitled to receive a reasonable fee, payable out of
  the estate, for the performance of the appraiser's duties as an
  appraiser. (Tex. Prob. Code, Sec. 732.)
         Sec. 1154.003.  FAILURE OR REFUSAL TO ACT BY APPRAISERS. If
  an appraiser appointed under Section 1154.001 fails or refuses to
  act, the court shall remove the appraiser and appoint one or more
  appraisers. (Tex. Prob. Code, Sec. 728.)
  [Sections 1154.004-1154.050 reserved for expansion]
  SUBCHAPTER B. REQUIREMENTS FOR INVENTORY, APPRAISEMENT, AND LIST
  OF CLAIMS
         Sec. 1154.051.  INVENTORY AND APPRAISEMENT. (a) Not later
  than the 30th day after the date the guardian of the estate
  qualifies, unless a longer period is granted by the court, the
  guardian shall file with the court clerk a single written
  instrument that contains a verified, full, and detailed inventory
  of all the ward's property that has come into the guardian's
  possession or of which the guardian has knowledge. The inventory
  must:
               (1)  include:
                     (A)  all the ward's real property located in this
  state; and
                     (B)  all the ward's personal property regardless
  of where the property is located; and
               (2)  specify:
                     (A)  which portion of the property is separate
  property and which is community property; and
                     (B)  if the property is owned in common with other
  persons, the ward's interest in that property and the names and
  relationship, if known, of the co-owners.
         (b)  The guardian shall:
               (1)  set out in the inventory the guardian's
  appraisement of the fair market value of each item in the inventory
  on the date of the grant of letters of guardianship; or
               (2)  if the court has appointed an appraiser for the
  estate:
                     (A)  determine the fair market value of each item
  in the inventory with the assistance of the appraiser; and
                     (B)  set out in the inventory the appraisement
  made by the appraiser.
         (c)  The court for good cause shown may require the guardian
  to file the inventory and appraisement not later than the 30th day
  after the date of qualification of the guardian.
         (d)  The inventory, when approved by the court and filed with
  the court clerk, is for all purposes the inventory and appraisement
  of the estate referred to in this title. (Tex. Prob. Code, Sec.
  729.)
         Sec. 1154.052.  LIST OF CLAIMS. The guardian of the estate
  shall make and attach to the inventory and appraisement required by
  Section 1154.051 a complete list of claims due or owing to the ward.
  The list of claims must state:
               (1)  the name and, if known, address of each person
  indebted to the ward; and
               (2)  regarding each claim:
                     (A)  the nature of the debt, whether it is a note,
  bill, bond, or other written obligation, or whether it is an account
  or verbal contract;
                     (B)  the date the debt was incurred;
                     (C)  the date the debt was or is due;
                     (D)  the amount of the claim, the rate of interest
  on the claim, and the period for which the claim bears interest; and
                     (E)  if any portion of the claim is held in common
  with others, the interest of the estate in the claim and the names
  and relationships of the other part owners. (Tex. Prob. Code, Sec.
  730.)
         Sec. 1154.053.  AFFIDAVIT OF GUARDIAN. The guardian of the
  estate shall attach to the inventory, appraisement, and list of
  claims the guardian's affidavit, subscribed and sworn to before an
  officer in the county authorized by law to administer oaths, that
  the inventory, appraisement, and list of claims are a true and
  complete statement of the property and claims of the estate of which
  the guardian has knowledge. (Tex. Prob. Code, Sec. 731.)
         Sec. 1154.054.  APPROVAL OR DISAPPROVAL BY THE COURT. (a)
  On the filing of the inventory, appraisement, and list of claims
  with the court clerk, the judge shall examine and approve or
  disapprove the inventory, appraisement, and list of claims.
         (b)  If the judge approves the inventory, appraisement, and
  list of claims, the judge shall enter an order to that effect.
         (c)  If the judge does not approve the inventory,
  appraisement, or list of claims, the judge:
               (1)  shall enter an order to that effect requiring the
  filing of another inventory, appraisement, or list of claims,
  whichever is not approved, within a period specified in the order
  not to exceed 20 days after the date the order is entered; and
               (2)  may, if considered necessary, appoint new
  appraisers. (Tex. Prob. Code, Sec. 733.)
         Sec. 1154.055.  FAILURE OF JOINT GUARDIANS TO FILE
  INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. (a) If more than one
  guardian of the estate qualifies to serve, any one or more of the
  guardians, on the neglect of the other guardians, may make and file
  an inventory, appraisement, and list of claims.
         (b)  A guardian who neglects to make or file an inventory,
  appraisement, and list of claims may not interfere with and does not
  have any power over the estate after another guardian makes and
  files an inventory, appraisement, and list of claims.
         (c)  The guardian who files the inventory, appraisement, and
  list of claims is entitled to the whole administration unless, not
  later than the 60th day after the date the guardian files the
  inventory, appraisement, and list of claims, each of the delinquent
  guardians files with the court a written, sworn, and reasonable
  excuse that the court considers satisfactory. The court shall
  enter an order removing one or more delinquent guardians and
  revoking those guardians' letters if:
               (1)  an excuse is not filed; or
               (2)  the court does not consider the filed excuse
  sufficient. (Tex. Prob. Code, Sec. 738.)
  [Sections 1154.056-1154.100 reserved for expansion]
  SUBCHAPTER C. CHANGES TO INVENTORY, APPRAISEMENT, AND LIST OF
  CLAIMS
         Sec. 1154.101.  DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS.
  If after the filing of the inventory, appraisement, and list of
  claims the guardian of the estate acquires possession or knowledge
  of property or claims of the estate not included in the inventory,
  appraisement, and list of claims, the guardian shall promptly file
  with the court clerk a verified, full, and detailed supplemental
  inventory, appraisement, and list of claims. (Tex. Prob. Code,
  Sec. 734.)
         Sec. 1154.102.  ADDITIONAL INVENTORY AND APPRAISEMENT OR
  LIST OF CLAIMS. (a) On the written complaint of any interested
  person that property or claims of the estate have not been included
  in the filed inventory, appraisement, and list of claims, the
  guardian of the estate shall be cited to appear before the court in
  which the cause is pending and show cause why the guardian should
  not be required to make and file an additional inventory and
  appraisement or list of claims, or both.
         (b)  After hearing the complaint, if the court is satisfied
  of the truth of the complaint, the court shall enter an order
  requiring the guardian to make and file an additional inventory and
  appraisement or list of claims, or both. The additional inventory
  and appraisement or list of claims:
               (1)  must be made and filed in the same manner as the
  original inventory and appraisement or list of claims within the
  period prescribed by the court, not to exceed 20 days after the date
  of the order; and
               (2)  may include only property or claims not previously
  included in the inventory and appraisement or list of claims. (Tex.
  Prob. Code, Sec. 735.)
         Sec. 1154.103.  CORRECTION OF INVENTORY, APPRAISEMENT, OR
  LIST OF CLAIMS FOR ERRONEOUS OR UNJUST ITEM. (a) A person
  interested in an estate who considers an inventory, appraisement,
  or list of claims filed by the guardian of the estate to be
  erroneous or unjust in any particular form may:
               (1)  file a written complaint setting forth the alleged
  erroneous or unjust item; and
               (2)  have the guardian cited to appear before the court
  and show cause why the item should not be corrected.
         (b)  On the hearing of the complaint, if the court is
  satisfied from the evidence that the inventory, appraisement, or
  list of claims is erroneous or unjust as alleged in the complaint,
  the court shall enter an order:
               (1)  specifying the erroneous or unjust item and the
  corrections to be made; and
               (2)  appointing an appraiser to make a new appraisement
  correcting the erroneous or unjust item and requiring the filing of
  the new appraisement not later than the 20th day after the date of
  the order.
         (c)  The court, on the court's own motion or a motion of the
  guardian of the estate, may also have a new appraisement made for
  the purposes described by this section. (Tex. Prob. Code, Sec.
  736.)
         Sec. 1154.104.  REAPPRAISEMENT. (a) A reappraisement made,
  filed, and approved by the court replaces the original
  appraisement. Not more than one reappraisement may be made.
         (b)  Notwithstanding Subsection (a), a person interested in
  an estate may object to a reappraisement regardless of whether the
  court has approved the reappraisement. If the court finds that the
  reappraisement is erroneous or unjust, the court shall appraise the
  property on the basis of the evidence before the court. (Tex. Prob.
  Code, Sec. 737.)
  [Sections 1154.105-1154.150 reserved for expansion]
  SUBCHAPTER D. USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS AS
  EVIDENCE
         Sec. 1154.151.  USE OF INVENTORY, APPRAISEMENT, AND LIST OF
  CLAIMS AS EVIDENCE. Each inventory, appraisement, and list of
  claims that has been made, filed, and approved in accordance with
  law; the record of the inventory, appraisement, and list of claims;
  or a copy of an original or the record that has been certified under
  the seal of the county court affixed by the clerk:
               (1)  may be given in evidence in any court of this state
  in any suit by or against the guardian of the estate; and
               (2)  is not conclusive for or against the guardian of
  the estate if it is shown that:
                     (A)  any property or claim of the estate is not
  shown in the inventory, appraisement, or list of claims; or
                     (B)  the value of the property or claim of the
  estate exceeded the value shown in the appraisement or list of
  claims. (Tex. Prob. Code, Sec. 739.)
  CHAPTER 1155.  COMPENSATION, EXPENSES, AND COURT COSTS
  SUBCHAPTER A.  COMPENSATION OF GUARDIANS IN GENERAL
  Sec. 1155.001.  DEFINITIONS 
  Sec. 1155.002.  COMPENSATION FOR CERTAIN GUARDIANS OF
                   THE PERSON 
  Sec. 1155.003.  COMPENSATION FOR GUARDIAN OF THE ESTATE 
  Sec. 1155.004.  CONSIDERATIONS IN AUTHORIZING
                   COMPENSATION 
  Sec. 1155.005.  MAXIMUM AGGREGATE COMPENSATION 
  Sec. 1155.006.  MODIFICATION OF UNREASONABLY LOW
                   COMPENSATION; AUTHORIZATION FOR
                   PAYMENT OF ESTIMATED QUARTERLY
                   COMPENSATION 
  Sec. 1155.007.  REDUCTION OR ELIMINATION OF ESTIMATED
                   QUARTERLY COMPENSATION 
  Sec. 1155.008.  DENIAL OF COMPENSATION 
  [Sections 1155.009-1155.050 reserved for expansion]
  SUBCHAPTER B.  COMPENSATION FOR PROFESSIONAL SERVICES
  Sec. 1155.051.  COMPENSATION FOR PROFESSIONAL SERVICES
                   IN GENERAL 
  Sec. 1155.052.  ATTORNEY SERVING AS GUARDIAN AND
                   PROVIDING RELATED LEGAL SERVICES 
  Sec. 1155.053.  COMPENSATION FOR SERVICES TO RECOVER
                   PROPERTY 
  [Sections 1155.054-1155.100 reserved for expansion]
  SUBCHAPTER C.  EXPENSES
  Sec. 1155.101.  REIMBURSEMENT OF EXPENSES IN GENERAL 
  Sec. 1155.102.  REIMBURSEMENT OF EXPENSES FOR
                   COLLECTION OF CLAIM OR DEBT 
  Sec. 1155.103.  EXPENSE CHARGES: REQUIREMENTS 
  [Sections 1155.104-1155.150 reserved for expansion]
  SUBCHAPTER D.  COSTS IN GENERAL
  Sec. 1155.151.  COST OF PROCEEDING IN GUARDIANSHIP
                   MATTER 
  Sec. 1155.152.  CERTAIN COSTS ADJUDGED AGAINST GUARDIAN 
  [Sections 1155.153-1155.200 reserved for expansion]
  SUBCHAPTER E. COMPENSATION AND COSTS IN GUARDIANSHIPS FOR CERTAIN
  MEDICAL ASSISTANCE RECIPIENTS
  Sec. 1155.201.  DEFINITIONS 
  Sec. 1155.202.  COMPENSATION AND COSTS PAYABLE UNDER
                   MEDICAL ASSISTANCE PROGRAM 
  CHAPTER 1155.  COMPENSATION, EXPENSES, AND COURT COSTS
  SUBCHAPTER A.  COMPENSATION OF GUARDIANS IN GENERAL
         Sec. 1155.001.  DEFINITIONS. In this subchapter:
               (1)  "Gross income" does not include United States
  Department of Veterans Affairs or social security benefits received
  by a ward.
               (2)  "Money paid out" does not include any money
  loaned, invested, or paid over on the settlement of a guardianship
  or a tax-motivated gift made by a ward. (Tex. Prob. Code, Sec.
  665(h).)
         Sec. 1155.002.  COMPENSATION FOR CERTAIN GUARDIANS OF THE
  PERSON. (a)  The court may authorize compensation for a guardian
  serving as a guardian of the person alone from available funds of
  the ward's estate or other funds available for that purpose.  The
  court may set the compensation in an amount not to exceed five
  percent of the ward's gross income.
         (b)  If the ward's estate is insufficient to pay for the
  services of a private professional guardian or a licensed attorney
  serving as a guardian of the person, the court may authorize
  compensation for that guardian if funds in the county treasury are
  budgeted for that purpose. (Tex. Prob. Code, Secs. 665(a), (g).)
         Sec. 1155.003.  COMPENSATION FOR GUARDIAN OF THE ESTATE.
  (a)  The guardian of an estate is entitled to reasonable
  compensation on application to the court at the time the court
  approves an annual or final accounting filed by the guardian under
  this title.
         (b)  A fee of five percent of the gross income of the ward's
  estate and five percent of all money paid out of the estate, subject
  to the award of an additional amount under Section 1155.006(a)
  following a review under Section 1155.006(a)(1), is considered
  reasonable under this section if the court finds that the guardian
  has taken care of and managed the estate in compliance with the
  standards of this title. (Tex. Prob. Code, Sec. 665(b).)
         Sec. 1155.004.  CONSIDERATIONS IN AUTHORIZING COMPENSATION.
  In determining whether to authorize compensation for a guardian
  under this subchapter, the court shall consider:
               (1)  the ward's monthly income from all sources; and
               (2)  whether the ward receives medical assistance under
  the state Medicaid program. (Tex. Prob. Code, Sec. 665(a-1).)
         Sec. 1155.005.  MAXIMUM AGGREGATE COMPENSATION. Except as
  provided by Section 1155.006(a) for a fee the court determines is
  unreasonably low, the aggregate fee of the guardian of the person
  and guardian of the estate may not exceed an amount equal to five
  percent of the gross income of the ward's estate plus five percent
  of all money paid out of the estate.  (Tex. Prob. Code, Sec.
  665(f).)
         Sec. 1155.006.  MODIFICATION OF UNREASONABLY LOW
  COMPENSATION; AUTHORIZATION FOR PAYMENT OF ESTIMATED QUARTERLY
  COMPENSATION. (a)  On application of an interested person or on the
  court's own motion, the court may:
               (1)  review and modify the amount of compensation
  authorized under Section 1155.002(a) or 1155.003 if the court finds
  that the amount is unreasonably low when considering the services
  provided as guardian; and
               (2)  authorize compensation for the guardian in an
  estimated amount the court finds reasonable, to be paid on a
  quarterly basis before the guardian files an annual or final
  accounting, if the court finds that delaying the payment of
  compensation until the guardian files an accounting would create a
  hardship for the guardian.
         (b)  A finding of unreasonably low compensation may not be
  established under Subsection (a) solely because the amount of
  compensation is less than the usual and customary charges of the
  person or entity serving as guardian.  (Tex. Prob. Code, Secs.
  665(c), (d) (part).)
         Sec. 1155.007.  REDUCTION OR ELIMINATION OF ESTIMATED
  QUARTERLY COMPENSATION.  (a)  A court that authorizes payment of
  estimated quarterly compensation under Section 1155.006(a) may
  later reduce or eliminate the guardian's compensation if, on review
  of an annual or final accounting or otherwise, the court finds that
  the guardian:
               (1)  received compensation in excess of the amount
  permitted under this subchapter;
               (2)  has not adequately performed the duties required
  of a guardian under this title; or
               (3)  has been removed for cause.
         (b)  If a court reduces or eliminates a guardian's
  compensation as provided by Subsection (a), the guardian and the
  surety on the guardian's bond are liable to the guardianship estate
  for any excess compensation received.  (Tex. Prob. Code, Secs.
  665(d) (part), (d-1).)
         Sec. 1155.008.  DENIAL OF COMPENSATION. On application of
  an interested person or on the court's own motion, the court may
  wholly or partly deny a fee authorized under this subchapter if:
               (1)  the court finds that the guardian has not
  adequately performed the duties required of a guardian under this
  title; or
               (2)  the guardian has been removed for cause.  (Tex.
  Prob. Code, Sec. 665(e).)
  [Sections 1155.009-1155.050 reserved for expansion]
  SUBCHAPTER B.  COMPENSATION FOR PROFESSIONAL SERVICES
         Sec. 1155.051.  COMPENSATION FOR PROFESSIONAL SERVICES IN
  GENERAL. (a) The court shall order the payment of a fee set by the
  court as compensation to any attorneys, mental health
  professionals, and interpreters appointed under this title to be
  taxed as costs in the case.
         (b)  If after examining a proposed ward's assets the court
  determines the proposed ward is unable to pay for services provided
  by an attorney, a mental health professional, or an interpreter
  appointed under this title, as applicable, the county is
  responsible for the cost of those services.  (Tex. Prob. Code, Sec.
  665A.)
         Sec. 1155.052.  ATTORNEY SERVING AS GUARDIAN AND PROVIDING
  RELATED LEGAL SERVICES. (a)  Notwithstanding any other provision
  of this chapter or Section 665B, an attorney who serves as guardian
  and who also provides legal services in connection with the
  guardianship is not entitled to compensation for the guardianship
  services or payment of attorney's fees for the legal services 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 the services provided
  were guardianship services and which were legal services.
         (b)  An attorney described by Subsection (a) is not entitled
  to payment of attorney's fees for guardianship services that are
  not legal services.
         (c)  The court shall set the compensation of an attorney
  described by Subsection (a) for the performance of guardianship
  services in accordance with Subchapter A. The court shall set
  attorney's fees for an attorney described by Subsection (a) for
  legal services provided in accordance with Sections 1155.051,
  1155.101, and 665B. (Tex. Prob. Code, Sec. 665D.)
         Sec. 1155.053.  COMPENSATION FOR SERVICES TO RECOVER
  PROPERTY. (a) Subject only to the approval of the court in which
  the estate is being administered and except as provided by
  Subsection (b), a guardian of an estate may convey or contract to
  convey a contingent interest in any property sought to be
  recovered, not to exceed one-third of the property for services of
  attorneys.
         (b)  A guardian of an estate may convey or contract to convey
  for services of attorneys a contingent interest that exceeds
  one-third of the property sought to be recovered under this section
  only on the approval of the court in which the estate is being
  administered.  The court must approve a contract entered into or
  conveyance made under this section before an attorney performs any
  legal services.  A contract entered into or conveyance made in
  violation of this section is void unless the court ratifies or
  reforms the contract or documents relating to the conveyance to the
  extent necessary to cause the contract or conveyance to meet the
  requirements of this section.
         (c)  In approving a contract or conveyance under Subsection
  (a) or (b) for services of an attorney, the court shall consider:
               (1)  the time and labor that will be required, the
  novelty and difficulty of the questions to be involved, and the
  skill that will be required to perform the legal services properly;
               (2)  the fee customarily charged in the locality for
  similar legal services;
               (3)  the value of property recovered or sought to be
  recovered by the guardian under this section;
               (4)  the benefits to the estate that the attorney will
  be responsible for securing; and
               (5)  the experience and ability of the attorney who
  will be performing the services.  (Tex. Prob. Code, Secs. 665C(a),
  (b), (c).)
  [Sections 1155.054-1155.100 reserved for expansion]
  SUBCHAPTER C.  EXPENSES
         Sec. 1155.101.  REIMBURSEMENT OF EXPENSES IN GENERAL. A
  guardian is entitled to reimbursement from the guardianship estate
  for all necessary and reasonable expenses incurred in performing
  any duty as a guardian, including reimbursement for the payment of
  reasonable attorney's fees necessarily incurred by the guardian in
  connection with the management of the estate or any other
  guardianship matter. (Tex. Prob. Code, Sec. 666.)
         Sec. 1155.102.  REIMBURSEMENT OF EXPENSES FOR COLLECTION OF
  CLAIM OR DEBT. On satisfactory proof to the court, a guardian of an
  estate is entitled to all necessary and reasonable expenses
  incurred by the guardian in collecting or attempting to collect a
  claim or debt owed to the estate or in recovering or attempting to
  recover property to which the estate has title or a claim.  (Tex.
  Prob. Code, Sec. 665C(d).)
         Sec. 1155.103.  EXPENSE CHARGES: REQUIREMENTS. All expense
  charges shall be:
               (1)  in writing, showing specifically each item of
  expense and the date of the expense;
               (2)  verified by affidavit of the guardian;
               (3)  filed with the clerk; and
               (4)  paid only if the payment is authorized by court
  order.  (Tex. Prob. Code, Sec. 667.)
  [Sections 1155.104-1155.150 reserved for expansion]
  SUBCHAPTER D.  COSTS IN GENERAL
         Sec. 1155.151.  COST OF PROCEEDING IN GUARDIANSHIP MATTER.
  (a) Except as provided by Subsection (b), the cost of the proceeding
  in a guardianship matter, including the cost of the guardian ad
  litem or court visitor, shall be paid out of the guardianship
  estate, or the cost of the proceeding shall be paid out of the
  county treasury if the estate is insufficient to pay the cost, and
  the court shall issue the judgment accordingly.
         (b)  An applicant for the appointment of a guardian under
  this title shall pay the cost of the proceeding if the court denies
  the application based on the recommendation of a court
  investigator.  (Tex. Prob. Code, Sec. 669.)
         Sec. 1155.152.  CERTAIN COSTS ADJUDGED AGAINST GUARDIAN. If
  costs are incurred because a guardian neglects to perform a
  required duty or is removed for cause, the guardian and the sureties
  on the guardian's bond are liable for:
               (1)  any costs of removal and other additional costs
  incurred that are not expenditures authorized under this title; and
               (2)  reasonable attorney's fees incurred in:
                     (A)  removing the guardian; or
                     (B)  obtaining compliance regarding any statutory
  duty the guardian has neglected.  (Tex. Prob. Code, Sec. 668.)
  [Sections 1155.153-1155.200 reserved for expansion]
  SUBCHAPTER E. COMPENSATION AND COSTS IN GUARDIANSHIPS FOR CERTAIN
  MEDICAL ASSISTANCE RECIPIENTS
         Sec. 1155.201.  DEFINITIONS. In this subchapter:
               (1)  "Applied income" means the portion of the earned
  and unearned income of a recipient of medical assistance, or if
  applicable the recipient and the recipient's spouse, that is paid
  under the medical assistance program to a nursing home in which the
  recipient resides.
               (2)  "Medical assistance" has the meaning assigned by
  Section 32.003, Human Resources Code.  (Tex. Prob. Code, Sec.
  670(a).)
         Sec. 1155.202.  COMPENSATION AND COSTS PAYABLE UNDER MEDICAL
  ASSISTANCE PROGRAM. (a)  Notwithstanding any other provision of
  this title and to the extent permitted by federal law, a court that
  appoints a guardian for a recipient of medical assistance who has
  applied income may order the following to be paid under the medical
  assistance program:
               (1)  compensation to the guardian in an amount not to
  exceed $175 per month;
               (2)  costs directly related to establishing or
  terminating the guardianship, not to exceed $1,000 except as
  provided by Subsection (b); and
               (3)  other administrative costs related to the
  guardianship, not to exceed $1,000 during any three-year period.
         (b)  Costs ordered to be paid under Subsection (a)(2) may
  include compensation and expenses for an attorney ad litem or
  guardian ad litem and reasonable attorney's fees for an attorney
  representing the guardian. The costs ordered to be paid may exceed
  $1,000 if the costs in excess of that amount are supported by
  documentation acceptable to the court and the costs are approved by
  the court.  (Tex. Prob. Code, Secs. 670(b), (c).)
  CHAPTER 1156.  EDUCATION AND MAINTENANCE ALLOWANCES PAID FROM
  WARD'S ESTATE
  SUBCHAPTER A.  ALLOWANCES FOR WARD
  Sec. 1156.001.  APPLICATION FOR ALLOWANCE 
  Sec. 1156.002.  COURT DETERMINATION OF ALLOWANCE AMOUNT 
  Sec. 1156.003.  COURT ORDER SETTING ALLOWANCE 
  Sec. 1156.004.  EXPENDITURES EXCEEDING ALLOWANCE 
  [Sections 1156.005-1156.050 reserved for expansion]
  SUBCHAPTER B.  ALLOWANCES FOR WARD'S FAMILY
  Sec. 1156.051.  CERTAIN ALLOWANCES PROHIBITED WHEN
                   PARENT IS GUARDIAN OF MINOR WARD 
  Sec. 1156.052.  ALLOWANCE FOR WARD'S SPOUSE OR
                   DEPENDENT 
  CHAPTER 1156.  EDUCATION AND MAINTENANCE ALLOWANCES PAID FROM
  WARD'S ESTATE
  SUBCHAPTER A.  ALLOWANCES FOR WARD
         Sec. 1156.001.  APPLICATION FOR ALLOWANCE. (a)  Subject to
  Section 1156.051, if a monthly allowance for a ward was not ordered
  in the court's order appointing a guardian, the guardian of the
  estate of the ward shall file with the court an application
  requesting a monthly allowance to be spent from the income and
  corpus of the ward's estate for:
               (1)  the education and maintenance of the ward; and
               (2)  the maintenance of the ward's property.
         (b)  The guardian must file the application not later than
  the 30th day after the date the guardian qualifies as guardian or
  the date specified by the court, whichever is later.
         (c)  The application must clearly separate amounts requested
  for the ward's education and maintenance from amounts requested for
  maintenance of the ward's property. (Tex. Prob. Code, Secs. 776(a),
  (a-1).)
         Sec. 1156.002.  COURT DETERMINATION OF ALLOWANCE AMOUNT. In
  determining the amount of the monthly allowance for the ward and the
  ward's property, the court shall consider the condition of the
  estate and the income and corpus of the estate necessary to pay the
  reasonably anticipated regular education and maintenance expenses
  of the ward and maintenance expenses of the ward's property. (Tex.
  Prob. Code, Sec. 776(a-2) (part).)
         Sec. 1156.003.  COURT ORDER SETTING ALLOWANCE. (a)  The
  court's order setting a monthly allowance must specify the types of
  expenditures the guardian may make on a monthly basis for the ward
  or the ward's property.
         (b)  If different persons have the guardianship of the person
  and of the estate of a ward, the court's order setting a monthly
  allowance must specify:
               (1)  the amount, if any, set by the court for the ward's
  education and maintenance that the guardian of the estate shall
  pay; and
               (2)  the amount, if any, that the guardian of the estate
  shall pay to the guardian of the person, at a time specified by the
  court, for the ward's education and maintenance.
         (c)  If the guardian of the estate fails to pay to the
  guardian of the person the monthly allowance set by the court, the
  guardian of the estate shall be compelled by court order to make the
  payment after the guardian is cited to appear.
         (d)  An order setting a monthly allowance does not affect the
  guardian's duty to account for expenditures of the allowance in the
  annual account required by Subchapter A, Chapter 1163.  (Tex. Prob.
  Code, Secs. 776(a-2) (part), (a-3).)
         Sec. 1156.004.  EXPENDITURES EXCEEDING ALLOWANCE. If a
  guardian in good faith has spent money from the income and corpus of
  the estate of the ward for the ward's support and maintenance and
  the expenditures exceed the monthly allowance authorized by the
  court, the guardian shall file a motion with the court requesting
  approval of the expenditures. The court may approve the excess
  expenditures if:
               (1)  the expenditures were made when it was not
  convenient or possible for the guardian to first secure court
  approval;
               (2)  the proof is clear and convincing that the
  expenditures were reasonable and proper;
               (3)  the court would have granted authority in advance
  to make the expenditures; and
               (4)  the ward received the benefits of the
  expenditures. (Tex. Prob. Code, Sec. 776(b).)
  [Sections 1156.005-1156.050 reserved for expansion]
  SUBCHAPTER B.  ALLOWANCES FOR WARD'S FAMILY
         Sec. 1156.051.  CERTAIN ALLOWANCES PROHIBITED WHEN PARENT IS
  GUARDIAN OF MINOR WARD. (a) Except as provided by Subsection (b), a
  parent who is the guardian of the person of a ward who is 17 years of
  age or younger may not use the income or the corpus from the ward's
  estate for the ward's support, education, or maintenance.
         (b)  A court with proper jurisdiction may authorize the
  guardian of the person to spend the income or the corpus from the
  ward's estate to support, educate, or maintain the ward if the
  guardian presents to the court clear and convincing evidence that
  the ward's parents are unable without unreasonable hardship to pay
  for all of the expenses related to the ward's support. (Tex. Prob.
  Code, Sec. 777.)
         Sec. 1156.052.  ALLOWANCE FOR WARD'S SPOUSE OR DEPENDENT.  
  (a)  Subject to Section 1156.051 and on application to the court,
  the court may order the guardian of the estate of a ward to spend
  money from the ward's estate for the education and maintenance of
  the ward's spouse or dependent.
         (b)  In determining whether to order the expenditure of money
  from a ward's estate for the ward's spouse or dependent, as
  appropriate, under this section, the court shall consider:
               (1)  the circumstances of the ward, the ward's spouse,
  and the ward's dependents;
               (2)  the ability and duty of the ward's spouse to
  support himself or herself and the ward's dependent;
               (3)  the size of the ward's estate;
               (4)  a beneficial interest the ward or the ward's spouse
  or dependent has in a trust; and
               (5)  an existing estate plan, including a trust or
  will, that provides a benefit to the ward's spouse or dependent.
         (c)  A person who makes an application to the court under
  this section shall mail notice of the application by certified mail
  to all interested persons. (Tex. Prob. Code, Sec. 776A.)
  CHAPTER 1157.  PRESENTMENT AND PAYMENT OF CLAIMS
  SUBCHAPTER A. PRESENTMENT OF CLAIMS AGAINST
  GUARDIANSHIP ESTATE IN GENERAL
  Sec. 1157.001.  PRESENTMENT OF CLAIM TO GUARDIAN OF THE
                   ESTATE 
  Sec. 1157.002.  PRESENTMENT OF CLAIM TO CLERK 
  Sec. 1157.003.  INCLUSION OF ATTORNEY'S FEES IN CLAIM 
  Sec. 1157.004.  AFFIDAVIT AUTHENTICATING CLAIM FOR
                   MONEY IN GENERAL 
  Sec. 1157.005.  AFFIDAVIT AUTHENTICATING CLAIM OF
                   CORPORATION OR BY CERTAIN OTHER
                   REPRESENTATIVES 
  Sec. 1157.006.  LOST OR DESTROYED EVIDENCE CONCERNING
                   CLAIM 
  Sec. 1157.007.  WAIVER OF CERTAIN DEFECTS OF FORM OR
                   CLAIMS OF INSUFFICIENCY 
  Sec. 1157.008.  EFFECT ON STATUTES OF LIMITATION OF
                   FILING OF OR SUIT ON CLAIM 
  [Sections 1157.009-1157.050 reserved for expansion]
  SUBCHAPTER B. ACTION ON CLAIMS
  Sec. 1157.051.  ALLOWANCE OR REJECTION OF CLAIM 
  Sec. 1157.052.  FAILURE TO ENDORSE OR ATTACH MEMORANDUM
                   OR ALLOW OR REJECT CLAIM 
  Sec. 1157.053.  CLAIM ENTERED ON CLAIM DOCKET 
  Sec. 1157.054.  CONTEST OF CLAIM 
  Sec. 1157.055.  COURT'S ACTION ON CLAIM 
  Sec. 1157.056.  HEARING ON CERTAIN CLAIMS 
  Sec. 1157.057.  COURT ORDER REGARDING ACTION ON CLAIM 
  Sec. 1157.058.  APPEAL OF COURT'S ACTION ON CLAIM 
  Sec. 1157.059.  ALLOWANCE AND APPROVAL PROHIBITED
                   WITHOUT AFFIDAVIT 
  Sec. 1157.060.  UNSECURED CLAIMS BARRED UNDER CERTAIN
                   CIRCUMSTANCES 
  Sec. 1157.061.  ALLOWING BARRED CLAIM PROHIBITED; COURT
                   DISAPPROVAL 
  Sec. 1157.062.  CERTAIN ACTIONS ON CLAIMS WITH LOST OR
                   DESTROYED EVIDENCE VOID 
  Sec. 1157.063.  SUIT ON REJECTED CLAIM 
  Sec. 1157.064.  PRESENTMENT OF CLAIM PREREQUISITE FOR
                   JUDGMENT 
  Sec. 1157.065.  JUDGMENT IN SUIT ON REJECTED CLAIM 
  [Sections 1157.066-1157.100 reserved for expansion]
  SUBCHAPTER C. PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES
  Sec. 1157.101.  PAYMENT OF APPROVED OR ESTABLISHED
                   CLAIM 
  Sec. 1157.102.  PAYMENT OF UNAUTHENTICATED CLAIM 
  Sec. 1157.103.  PRIORITY OF PAYMENT OF CLAIMS 
  Sec. 1157.104.  PAYMENT OF PROCEEDS FROM SALE OF
                   PROPERTY SECURING DEBT 
  Sec. 1157.105.  CLAIMANT'S PETITION FOR ALLOWANCE AND
                   PAYMENT OF CLAIM 
  Sec. 1157.106.  PAYMENT WHEN ASSETS INSUFFICIENT TO PAY
                   CERTAIN CLAIMS 
  Sec. 1157.107.  PAYMENT OF COURT COSTS RELATING TO
                   CLAIM 
  Sec. 1157.108.  LIABILITY FOR NONPAYMENT OF CLAIM 
  [Sections 1157.109-1157.150 reserved for expansion]
  SUBCHAPTER D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS
  Sec. 1157.151.  OPTION TO TREAT CLAIM AS MATURED
                   SECURED CLAIM OR PREFERRED DEBT AND
                   LIEN 
  Sec. 1157.152.  PREFERRED DEBT AND LIEN 
  Sec. 1157.153.  PAYMENT OF MATURITIES ON PREFERRED DEBT
                   AND LIEN 
  [Sections 1157.154-1157.200 reserved for expansion]
  SUBCHAPTER E. CLAIMS INVOLVING GUARDIANS
  Sec. 1157.201.  CLAIM BY GUARDIAN 
  Sec. 1157.202.  PURCHASE OF CLAIM BY GUARDIAN
                   PROHIBITED 
  CHAPTER 1157.  PRESENTMENT AND PAYMENT OF CLAIMS
  SUBCHAPTER A. PRESENTMENT OF CLAIMS AGAINST
  GUARDIANSHIP ESTATE IN GENERAL
         Sec. 1157.001.  PRESENTMENT OF CLAIM TO GUARDIAN OF THE
  ESTATE. A claim may be presented to the guardian of the estate at
  any time if:
               (1)  the estate has not been closed; and
               (2)  suit on the claim has not been barred by the
  general statutes of limitation. (Tex. Prob. Code, Sec. 786(a)
  (part).)
         Sec. 1157.002.  PRESENTMENT OF CLAIM TO CLERK. (a) A claim
  may also be presented by depositing the claim with the clerk with
  vouchers and the necessary exhibits and affidavit attached to the
  claim. On receiving a claim deposited under this subsection, the
  clerk shall advise the guardian of the estate or the guardian's
  attorney of the deposit of the claim by a letter mailed to the
  guardian's last known address.
         (b)  A claim deposited under Subsection (a) is presumed to be
  rejected if the guardian fails to act on the claim on or before the
  30th day after the date the claim is filed.
         (c)  Failure of the clerk to give the notice required under
  Subsection (a) does not affect the validity of the presentment or
  the presumption of rejection of the claim because the guardian does
  not act on the claim within the 30-day period prescribed by
  Subsection (b).  (Tex. Prob. Code, Sec. 795.)
         Sec. 1157.003.  INCLUSION OF ATTORNEY'S FEES IN CLAIM. If
  the instrument evidencing or supporting a claim provides for
  attorney's fees, the claimant may include as a part of the claim the
  portion of the attorney's fees the claimant has paid or contracted
  to pay to an attorney to prepare, present, and collect the claim.  
  (Tex. Prob. Code, Sec. 794.)
         Sec. 1157.004.  AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY IN
  GENERAL. (a) Except as provided by Sections 1157.005 and 1157.102,
  a claim for money against an estate must be supported by an
  affidavit that states:
               (1)  that the claim is just;
               (2)  that all legal offsets, payments, and credits
  known to the affiant have been allowed; and
               (3)  if the claim is not founded on a written instrument
  or account, the facts on which the claim is founded.
         (b)  A photostatic copy of an exhibit or voucher necessary to
  prove a claim under this section may be offered with and attached to
  the claim instead of attaching the original.  (Tex. Prob. Code, Sec.
  788 (part).)
         Sec. 1157.005.  AFFIDAVIT AUTHENTICATING CLAIM OF
  CORPORATION OR BY CERTAIN OTHER REPRESENTATIVES. (a) The cashier,
  treasurer, or managing official of a corporation shall make the
  affidavit required to authenticate a claim of the corporation.
         (b)  In an affidavit made by an officer of a corporation, or
  by an executor, administrator, guardian, trustee, assignee, agent,
  or attorney, it is sufficient to state that the affiant has made
  diligent inquiry and examination and believes the claim is just and
  that all legal offsets, payments, and credits made known to the
  affiant have been allowed. (Tex. Prob. Code, Sec. 791.)
         Sec. 1157.006.  LOST OR DESTROYED EVIDENCE CONCERNING CLAIM.
  If evidence of a claim is lost or destroyed, the claimant or the
  claimant's representative may make an affidavit to the fact of the
  loss or destruction. The affidavit must state:
               (1)  the amount, date, and nature of the claim;
               (2)  the due date of the claim;
               (3)  that the claim is just;
               (4)  that all legal offsets, payments, and credits
  known to the affiant have been allowed; and
               (5)  that the claimant is still the owner of the claim.
  (Tex. Prob. Code, Sec. 790 (part).)
         Sec. 1157.007.  WAIVER OF CERTAIN DEFECTS OF FORM OR CLAIMS
  OF INSUFFICIENCY. A defect of form or a claim of insufficiency of a
  presented exhibit or voucher is considered waived by the guardian
  of the estate unless a written objection to the form, exhibit, or
  voucher is:
               (1)  made not later than the 30th day after the date the
  claim is presented; and
               (2)  filed with the county clerk. (Tex. Prob. Code,
  Sec. 789.)
         Sec. 1157.008.  EFFECT ON STATUTES OF LIMITATION OF FILING
  OF OR SUIT ON CLAIM. The general statutes of limitation are tolled
  by:
               (1)  filing a claim that is legally allowed and
  approved; or
               (2)  bringing a suit on a rejected and disapproved
  claim not later than the 90th day after the date the claim is
  rejected or disapproved.  (Tex. Prob. Code, Sec. 787.)
  [Sections 1157.009-1157.050 reserved for expansion]
  SUBCHAPTER B. ACTION ON CLAIMS
         Sec. 1157.051.  ALLOWANCE OR REJECTION OF CLAIM. A guardian
  of the estate shall, not later than the 30th day after the date an
  authenticated claim against the guardianship estate is presented to
  the guardian or filed with the clerk as provided by this chapter,
  endorse on or attach to the claim a memorandum signed by the
  guardian stating:
               (1)  the date of presentation or filing of the claim;
  and
               (2)  whether the guardian allows or rejects the claim,
  or, if the guardian allows or rejects a part of the claim, the
  portion of the claim the guardian allows or rejects. (Tex. Prob.
  Code, Sec. 796.)
         Sec. 1157.052.  FAILURE TO ENDORSE OR ATTACH MEMORANDUM OR
  ALLOW OR REJECT CLAIM. The failure of a guardian of the estate to
  endorse on or attach to a claim presented to the guardian the
  memorandum required by Section 1157.051 or, not later than the 30th
  day after the date a claim is presented, to allow or reject the
  claim or portion of the claim constitutes a rejection of the claim.
  If the claim is later established by suit:
               (1)  the costs shall be taxed against the guardian,
  individually; or
               (2)  the guardian may be removed as in other cases of
  removal on the written complaint of any person interested in the
  claim after personal service of citation, hearing, and proof.
  (Tex. Prob. Code, Sec. 797.)
         Sec. 1157.053.  CLAIM ENTERED ON CLAIM DOCKET. After a claim
  against a ward's estate has been presented to and allowed by the
  guardian of the estate, wholly or partly, the claim must be filed
  with the county clerk of the proper county. The clerk shall enter
  the claim on the claim docket. (Tex. Prob. Code, Sec. 798.)
         Sec. 1157.054.  CONTEST OF CLAIM. (a) A person interested
  in a ward may, at any time before the court has acted on a claim,
  appear and object in writing to the approval of the claim or any
  part of the claim.
         (b)  If a person objects under Subsection (a):
               (1)  the parties are entitled to process for witnesses;
  and
               (2)  the court shall hear evidence and render judgment
  as in ordinary suits.  (Tex. Prob. Code, Sec. 799(a).)
         Sec. 1157.055.  COURT'S ACTION ON CLAIM. The court shall:
               (1)  approve, wholly or partly, or reject a claim that
  has been allowed and entered on the claim docket for a period of 10
  days; and
               (2)  concurrently classify the claim. (Tex. Prob.
  Code, Sec. 799(b).)
         Sec. 1157.056.  HEARING ON CERTAIN CLAIMS. (a)  If a claim
  is properly authenticated and allowed, but the court is not
  satisfied that the claim is just, the court shall:
               (1)  examine the claimant and the guardian of the
  estate under oath; and
               (2)  hear other evidence necessary to determine the
  issue.
         (b)  If after the examination and hearing the court is not
  convinced that the claim is just, the court shall disapprove the
  claim. (Tex. Prob. Code, Sec. 799(c).)
         Sec. 1157.057.  COURT ORDER REGARDING ACTION ON CLAIM. (a)  
  The court acting on a claim shall endorse on or attach to the claim a
  written memorandum that:
               (1)  is dated and officially signed; and
               (2)  states:
                     (A)  the exact action taken by the court on the
  claim, whether the claim is approved or disapproved, or is approved
  in part and rejected in part; and
                     (B)  the classification of the claim.
         (b)  An order under Subsection (a) has the effect of a final
  judgment. (Tex. Prob. Code, Sec. 799(d).)
         Sec. 1157.058.  APPEAL OF COURT'S ACTION ON CLAIM. If a
  claimant or any person interested in a ward is dissatisfied with the
  court's action on a claim, the claimant or interested person may
  appeal the action to the court of appeals in the manner other
  judgments of the county court in probate matters are appealed.  
  (Tex. Prob. Code, Sec. 799(e).)
         Sec. 1157.059.  ALLOWANCE AND APPROVAL PROHIBITED WITHOUT
  AFFIDAVIT. Except as provided by Section 1157.102, a guardian of
  the estate may not allow, and the court may not approve, a claim for
  money against the estate unless the claim is supported by an
  affidavit that meets the applicable requirements of Sections
  1157.004 and 1157.005.  (Tex. Prob. Code, Sec. 788 (part).)
         Sec. 1157.060.  UNSECURED CLAIMS BARRED UNDER CERTAIN
  CIRCUMSTANCES. A claim of an unsecured creditor for money that is
  not presented within the time prescribed by the notice of
  presentment permitted by Section 1153.004 is barred. (Tex. Prob.
  Code, Sec. 786(a) (part).)
         Sec. 1157.061.  ALLOWING BARRED CLAIM PROHIBITED; COURT
  DISAPPROVAL. A guardian of the estate may not allow a claim against
  a ward if a suit on the claim is barred by an applicable general
  statute of limitation.  A claim against a ward that is allowed by
  the guardian shall be disapproved if the court is satisfied that the
  limitation has run. (Tex. Prob. Code, Sec. 786(b).)
         Sec. 1157.062.  CERTAIN ACTIONS ON CLAIMS WITH LOST OR
  DESTROYED EVIDENCE VOID. (a) Before a claim the evidence for which
  is lost or destroyed is approved, the claim must be proved by
  disinterested testimony taken in open court or by oral or written
  deposition.
         (b)  The allowance or approval of a claim the evidence for
  which is lost or destroyed is void if the claim is:
               (1)  allowed or approved without the affidavit under
  Section 1157.006; or
               (2)  approved without satisfactory proof.  (Tex. Prob.
  Code, Sec. 790 (part).)
         Sec. 1157.063.  SUIT ON REJECTED CLAIM. (a) A claim or part
  of a claim that has been rejected by the guardian of the estate is
  barred unless not later than the 90th day after the date of
  rejection the claimant commences suit on the claim in the court of
  original probate jurisdiction in which the guardianship is pending
  or in any other court of proper jurisdiction.
         (b)  In a suit commenced on the rejected claim, the
  memorandum endorsed on or attached to the claim is taken to be true
  without further proof unless denied under oath. (Tex. Prob. Code,
  Sec. 800 (part).)
         Sec. 1157.064.  PRESENTMENT OF CLAIM PREREQUISITE FOR
  JUDGMENT. (a)  Except as provided by Subsection (b), a judgment may
  not be rendered in favor of a claimant on a claim for money that has
  not been:
               (1)  legally presented to the guardian of the estate of
  the ward; and
               (2)  wholly or partly rejected by the guardian or the
  court.
         (b)  Subsection (a) does not apply to a claim against the
  estate of a ward for delinquent ad valorem taxes that is being
  administered in probate in a county other than the county in which
  the taxes were imposed.  (Tex. Prob. Code, Sec. 801.)
         Sec. 1157.065.  JUDGMENT IN SUIT ON REJECTED CLAIM. No
  execution may issue on a rejected claim or part of a claim that is
  established by suit. The judgment in the suit shall be:
               (1)  certified not later than the 30th day after the
  date of rendition, if the judgment is from a court other than the
  court of original probate jurisdiction;
               (2)  filed in the court in which the guardianship is
  pending;
               (3)  entered on the claim docket;
               (4)  classified by the court; and
               (5)  handled as if originally allowed and approved in
  due course of administration.  (Tex. Prob. Code, Sec. 800 (part).)
  [Sections 1157.066-1157.100 reserved for expansion]
  SUBCHAPTER C. PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES
         Sec. 1157.101.  PAYMENT OF APPROVED OR ESTABLISHED CLAIM.
  Except as provided for payment of an unauthenticated claim at the
  risk of a guardian, a claim or any part of a claim for money against
  the estate of a ward may not be paid until the claim or part of the
  claim has been approved by the court or established by the judgment
  of a court of competent jurisdiction. (Tex. Prob. Code, Sec. 804.)
         Sec. 1157.102.  PAYMENT OF UNAUTHENTICATED CLAIM. (a)
  Subject to Subsection (b), a guardian of the estate may pay an
  unauthenticated claim against the ward's estate if the guardian
  believes the claim to be just.
         (b)  A guardian who pays a claim under Subsection (a) and the
  sureties on the guardian's bond are liable for the amount of any
  payment of the claim if the court finds that the claim is not just.  
  (Tex. Prob. Code, Sec. 792.)
         Sec. 1157.103.  PRIORITY OF PAYMENT OF CLAIMS. (a)  Except
  as provided by Subsection (b), the guardian of the estate shall pay
  a claim against the ward's estate that has been allowed and approved
  or established by suit, as soon as practicable and in the following
  order:
               (1)  expenses for the care, maintenance, and education
  of the ward or the ward's dependents;
               (2)  funeral expenses of the ward and expenses of the
  ward's last illness, if the guardianship is kept open after the
  ward's death as provided under this title, except that any claim
  against the ward's estate that has been allowed and approved or
  established by suit before the ward's death shall be paid before the
  funeral expenses and expenses of the last illness;
               (3)  expenses of administration; and
               (4)  other claims against the ward or the ward's estate.
         (b)  If the estate is insolvent, the guardian shall give
  first priority to the payment of a claim relating to the
  administration of the guardianship. The guardian shall pay other
  claims against the ward's estate in the order prescribed by
  Subsection (a).  (Tex. Prob. Code, Secs. 805(a), (b).)
         Sec. 1157.104.  PAYMENT OF PROCEEDS FROM SALE OF PROPERTY
  SECURING DEBT. (a) If a guardian of the estate has on hand the
  proceeds of a sale made to satisfy a mortgage or other lien and the
  proceeds or any part of the proceeds are not required for the
  payment of any debts against the estate that have a preference over
  the mortgage or other lien, the guardian shall pay the proceeds to a
  holder of the mortgage or other lien.
         (b)  If the guardian fails to pay the proceeds as required by
  this section, the holder of a mortgage or other lien, on proof of
  the mortgage or other lien, may obtain an order from the court
  directing the payment of proceeds to be made. (Tex. Prob. Code,
  Sec. 808.)
         Sec. 1157.105.  CLAIMANT'S PETITION FOR ALLOWANCE AND
  PAYMENT OF CLAIM.  A claimant whose claim has not been paid may:
               (1)  petition the court for determination of the claim
  at any time before the claim is barred by an applicable statute of
  limitations; and
               (2)  procure on due proof an order for the claim's
  allowance and payment from the estate. (Tex. Prob. Code, Sec.
  805(c).)
         Sec. 1157.106.  PAYMENT WHEN ASSETS INSUFFICIENT TO PAY
  CERTAIN CLAIMS. (a)  If there are insufficient assets to pay all
  claims of the same class, the claims in that class shall be paid pro
  rata, as directed by the court, and in the order directed.
         (b)  A guardian of the estate may not be allowed to pay any
  claims other than with the pro rata amount of the estate funds that
  have come into the guardian's possession, regardless of whether the
  estate is solvent or insolvent. (Tex. Prob. Code, Sec. 806.)
         Sec. 1157.107.  PAYMENT OF COURT COSTS RELATING TO CLAIM.
  All costs incurred in the probate court with respect to a claim are
  taxed as follows:
               (1)  if the claim is allowed and approved, the
  guardianship estate shall pay the costs;
               (2)  if the claim is allowed but disapproved, the
  claimant shall pay the costs;
               (3)  if the claim is rejected but established by suit,
  the guardianship estate shall pay the costs;
               (4)  if the claim is rejected but not established by
  suit, the claimant shall pay the costs; or
               (5)  in a suit to establish the claim after the claim is
  rejected in part, if the claimant fails to recover judgment for a
  greater amount than was allowed or approved for the claim, the
  claimant shall pay all costs.  (Tex. Prob. Code, Sec. 802.)
         Sec. 1157.108.  LIABILITY FOR NONPAYMENT OF CLAIM. (a)  A
  person or claimant, except the state treasury, entitled to payment
  from a guardianship estate of money the court orders to be paid is
  authorized to have execution issued against the property of the
  guardianship for the amount due, with interest and costs, if:
               (1)  a guardian of the estate fails to pay the money on
  demand;
               (2)  guardianship estate funds are available to make
  the payment; and
               (3)  the person or claimant makes an affidavit of the
  demand for payment and the guardian's failure to pay.
         (b)  The court may cite the guardian and the sureties on the
  guardian's bond to show cause why the guardian or sureties should
  not be held liable for the debt, interest, costs, or damages:
               (1)  on return of the execution under Subsection (a)
  not satisfied; or
               (2)  on the affidavit of demand and failure to pay under
  Subsection (a).
         (c)  On the return of citation served under Subsection (b),
  the court shall render judgment against the cited guardian and
  sureties, in favor of the claim holder, if good cause why the
  guardian and sureties should not be held liable is not shown. The
  judgment must be for:
               (1)  the unpaid amount ordered to be paid or
  established by suit, with interest and costs; and
               (2)  damages on the amount neglected to be paid at the
  rate of five percent per month for each month, or fraction of a
  month, that the payment was neglected to be paid after demand for
  payment was made.
         (d)  Damages ordered under Subsection (c)(2) may be
  collected in any court of competent jurisdiction. (Tex. Prob. Code,
  Sec. 809.)
  [Sections 1157.109-1157.150 reserved for expansion]
  SUBCHAPTER D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS
         Sec. 1157.151.  OPTION TO TREAT CLAIM AS MATURED SECURED
  CLAIM OR PREFERRED DEBT AND LIEN. (a)  If a secured claim against a
  ward is presented, the claimant shall specify in the claim, in
  addition to all other matters required to be specified in the claim,
  whether the claim shall be:
               (1)  allowed and approved as a matured secured claim to
  be paid in due course of administration, in which case the claim
  shall be paid in that manner if allowed and approved; or
               (2)  allowed, approved, and fixed as a preferred debt
  and lien against the specific property securing the indebtedness
  and paid according to the terms of the contract that secured the
  lien, in which case the claim shall be so allowed and approved if it
  is a valid lien.
         (b)  Notwithstanding Subsection (a)(2), the guardian of the
  estate may pay a claim that the claimant specified as a claim to be
  allowed, approved, and fixed as a preferred debt and lien as
  described by Subsection (a)(2) before maturity if that payment is
  in the best interests of the estate.
         (c)  If a secured claim is not presented within the time
  provided by law, the claim shall be treated as a claim to be paid in
  accordance with Subsection (a)(2).  (Tex. Prob. Code, Secs. 793(a),
  (b).)
         Sec. 1157.152.  PREFERRED DEBT AND LIEN. When a claim for a
  debt has been allowed and approved under Section 1157.151(a)(2):
               (1)  a further claim for the debt may not be made
  against other estate assets;
               (2)  the claim remains a preferred lien against the
  property securing the claim; and
               (3)  the property remains security for the debt in any
  distribution or sale of the property before final maturity and
  payment of the debt.  (Tex. Prob. Code, Sec. 793(c).)
         Sec. 1157.153.  PAYMENT OF MATURITIES ON PREFERRED DEBT AND
  LIEN. (a) If, not later than the 12th month after the date letters
  of guardianship are granted, the property securing a debt for which
  a claim is allowed, approved, and fixed under Section
  1157.151(a)(2) is not sold or distributed, the guardian of the
  estate shall:
               (1)  promptly pay all maturities that have accrued on
  the debt according to the terms of the maturities; and
               (2)  perform all the terms of any contract securing the
  maturities.
         (b)  If the guardian defaults in payment or performance under
  Subsection (a):
               (1)  on the motion of the claim holder, the court shall
  require the sale of the property subject to the unmatured part of
  the debt and apply the proceeds of the sale to the liquidation of
  the maturities; or
               (2)  at the claim holder's option, a motion may be made
  in the same manner as a motion under Subdivision (1) to require the
  sale of the property free of the lien and apply the proceeds to the
  payment of the whole debt.  (Tex. Prob. Code, Sec. 793(d).)
  [Sections 1157.154-1157.200 reserved for expansion]
  SUBCHAPTER E. CLAIMS INVOLVING GUARDIANS
         Sec. 1157.201.  CLAIM BY GUARDIAN. (a)  A claim that a
  guardian of the person or estate held against the ward at the time
  of the guardian's appointment, or that accrues after the
  appointment, shall be verified by affidavit as required in other
  cases and presented to the clerk of the court in which the
  guardianship is pending. The clerk shall enter the claim on the
  claim docket and the claim shall take the same course as other
  claims.
         (b)  A claim by a guardian that has been filed with the court
  within the required period shall be entered on the claim docket and
  acted on by the court in the same manner as in other cases.
         (c)  An appeal from a judgment of the court acting on a claim
  under this section may be taken as in other cases.  (Tex. Prob.
  Code, Sec. 803.)
         Sec. 1157.202.  PURCHASE OF CLAIM BY GUARDIAN PROHIBITED.
  (a)  A guardian may not purchase, for the guardian's own use or for
  any other purpose, a claim against the guardianship the guardian
  represents.
         (b)  On written complaint by a person interested in the
  guardianship estate and on satisfactory proof of a violation of
  Subsection (a), the court after citation and hearing shall enter an
  order canceling the claim described by Subsection (a). No part of
  the canceled claim may be paid out of the guardianship.
         (c)  The court may remove a guardian for a violation of this
  section. (Tex. Prob. Code, Sec. 807.)
  CHAPTER 1158.  SALE OR PARTITION OF WARD'S PROPERTY
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 1158.001.  COURT ORDER AUTHORIZING SALE 
  [Sections 1158.002-1158.050 reserved for expansion]
  SUBCHAPTER B. CERTAIN ESTATE PROPERTY REQUIRED TO BE SOLD
  Sec. 1158.051.  SALE OF CERTAIN PERSONAL PROPERTY
                   REQUIRED 
  [Sections 1158.052-1158.100 reserved for expansion]
  SUBCHAPTER C. SALE OF PERSONAL PROPERTY
  Sec. 1158.101.  ORDER FOR SALE 
  Sec. 1158.102.  REQUIREMENTS FOR APPLICATION AND ORDER 
  Sec. 1158.103.  SALE AT PUBLIC AUCTION 
  Sec. 1158.104.  SALE ON CREDIT 
  Sec. 1158.105.  REPORT; EVIDENCE OF TITLE 
  [Sections 1158.106-1158.150 reserved for expansion]
  SUBCHAPTER D. SALE OF LIVESTOCK
  Sec. 1158.151.  AUTHORITY FOR SALE 
  Sec. 1158.152.  CONTENTS OF APPLICATION; HEARING 
  Sec. 1158.153.  GRANT OF APPLICATION 
  Sec. 1158.154.  REPORT; PASSAGE OF TITLE 
  Sec. 1158.155.  COMMISSION MERCHANT CHARGES 
  [Sections 1158.156-1158.200 reserved for expansion]
  SUBCHAPTER E. SALE OF MORTGAGED PROPERTY
  Sec. 1158.201.  APPLICATION FOR SALE OF MORTGAGED
                   PROPERTY 
  Sec. 1158.202.  CITATION 
  Sec. 1158.203.  ORDER 
  [Sections 1158.204-1158.250 reserved for expansion]
  SUBCHAPTER F. SALE OF REAL PROPERTY: APPLICATION AND ORDER FOR SALE
  Sec. 1158.251.  APPLICATION FOR ORDER OF SALE 
  Sec. 1158.252.  CONTENTS OF APPLICATION 
  Sec. 1158.253.  CITATION 
  Sec. 1158.254.  OPPOSITION TO SALE 
  Sec. 1158.255.  HEARING ON APPLICATION AND ANY
                   OPPOSITION 
  Sec. 1158.256.  ORDER 
  Sec. 1158.257.  SALE FOR PAYMENT OF DEBTS 
  [Sections 1158.258-1158.300 reserved for expansion]
  SUBCHAPTER G. SALE OF REAL ESTATE: TERMS OF SALE
  Sec. 1158.301.  PERMISSIBLE TERMS 
  Sec. 1158.302.  SALE ON CREDIT 
  [Sections 1158.303-1158.350 reserved for expansion]
  SUBCHAPTER H. RECONVEYANCE OF REAL ESTATE FOLLOWING FORECLOSURE
  Sec. 1158.351.  APPLICABILITY OF SUBCHAPTER 
  Sec. 1158.352.  APPLICATION AND ORDER FOR RECONVEYANCE 
  Sec. 1158.353.  EXCHANGE FOR BONDS 
  [Sections 1158.354-1158.400 reserved for expansion]
  SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC SALE
  Sec. 1158.401.  REQUIRED NOTICE 
  Sec. 1158.402.  METHOD OF SALE 
  Sec. 1158.403.  TIME AND PLACE OF SALE 
  Sec. 1158.404.  CONTINUANCE OF SALE 
  Sec. 1158.405.  FAILURE OF BIDDER TO COMPLY 
  [Sections 1158.406-1158.450 reserved for expansion]
  SUBCHAPTER J. SALE OF REAL ESTATE: PRIVATE SALE
  Sec. 1158.451.  MANNER OF SALE 
  [Sections 1158.452-1158.500 reserved for expansion]
  SUBCHAPTER K.  SALE OF EASEMENT OR RIGHT-OF-WAY
  Sec. 1158.501.  AUTHORIZATION 
  Sec. 1158.502.  PROCEDURE 
  [Sections 1158.503-1158.550 reserved for expansion]
  SUBCHAPTER L. CONFIRMATION OF SALE OF REAL PROPERTY AND TRANSFER OF
  TITLE
  Sec. 1158.551.  REPORT 
  Sec. 1158.552.  ACTION OF COURT ON REPORT OF SALE 
  Sec. 1158.553.  CONFIRMATION OF SALE WHEN BOND NOT
                   REQUIRED 
  Sec. 1158.554.  SUFFICIENCY OF BOND 
  Sec. 1158.555.  INCREASED OR ADDITIONAL BOND NOT
                   REQUIRED 
  Sec. 1158.556.  CONFIRMATION OR DISAPPROVAL ORDER 
  Sec. 1158.557.  DEED 
  Sec. 1158.558.  DELIVERY OF DEED 
  Sec. 1158.559.  DAMAGES; REMOVAL 
  [Sections 1158.560-1158.600 reserved for expansion]
  SUBCHAPTER M. PROCEDURE ON FAILURE TO APPLY FOR SALE
  Sec. 1158.601.  FAILURE TO APPLY FOR SALE 
  Sec. 1158.602.  COURT ORDER 
  [Sections 1158.603-1158.650 reserved for expansion]
  SUBCHAPTER N. PURCHASE OF ESTATE PROPERTY BY GUARDIAN
  Sec. 1158.651.  GENERAL PROHIBITION ON PURCHASE 
  Sec. 1158.652.  EXCEPTION: EXECUTORY CONTRACT 
  Sec. 1158.653.  EXCEPTION: BEST INTEREST OF ESTATE 
  Sec. 1158.654.  PURCHASE IN VIOLATION OF SUBCHAPTER 
  [Sections 1158.655-1158.700 reserved for expansion]
  SUBCHAPTER O. PARTITION OF WARD'S INTEREST IN REAL ESTATE
  Sec. 1158.701.  PARTITION BY AGREEMENT 
  Sec. 1158.702.  APPLICATION FOR APPROVAL OF PARTITION
                   AGREEMENT 
  Sec. 1158.703.  HEARING 
  Sec. 1158.704.  ORDER 
  Sec. 1158.705.  PARTITION WITHOUT COURT APPROVAL;
                   RATIFICATION OF PARTITION AGREEMENT 
  Sec. 1158.706.  PARTITION BY SUIT 
  CHAPTER 1158.  SALE OR PARTITION OF WARD'S PROPERTY
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 1158.001.  COURT ORDER AUTHORIZING SALE. (a) Except as
  provided by this chapter, any property of a ward may not be sold
  without a court order authorizing the sale.
         (b)  Except as otherwise specifically provided by this
  title, the court may order property of a ward to be sold for cash or
  on credit, at public auction or privately, as the court considers
  most advantageous to the estate. (Tex. Prob. Code, Sec. 811.)
  [Sections 1158.002-1158.050 reserved for expansion]
  SUBCHAPTER B. CERTAIN ESTATE PROPERTY REQUIRED TO BE SOLD
         Sec. 1158.051.  SALE OF CERTAIN PERSONAL PROPERTY REQUIRED.
  (a)  After approval of the inventory, appraisement, and list of
  claims, the guardian of the estate of a ward promptly shall apply
  for a court order to sell, at public auction or privately, for cash
  or on credit for a term not to exceed six months, all estate
  property that is liable to perish, waste, or deteriorate in value,
  or that will be an expense or disadvantage to the estate if kept.
         (b)  The following may not be included in a sale under
  Subsection (a):
               (1)  property exempt from forced sale;
               (2)  property that is the subject of a specific legacy;
  and
               (3)  personal property necessary to carry on a farm,
  ranch, factory, or other business that is thought best to operate.
         (c)  In determining whether to order the sale of an asset
  under Subsection (a), the court shall consider:
               (1)  the guardian's duty to take care of and manage the
  estate in the manner a person of ordinary prudence, discretion, and
  intelligence would manage the person's own affairs; and
               (2)  whether the asset constitutes an asset that a
  trustee is authorized to invest under Subchapter F, Chapter 113,
  Property Code, or Chapter 117, Property Code. (Tex. Prob. Code,
  Sec. 812.)
  [Sections 1158.052-1158.100 reserved for expansion]
  SUBCHAPTER C. SALE OF PERSONAL PROPERTY
         Sec. 1158.101.  ORDER FOR SALE. (a) Except as provided by
  Subsection (b), on the application of the guardian of the estate of
  a ward or any interested person, the court may order the sale of any
  estate personal property not required to be sold by Section
  1158.051, including livestock or growing or harvested crops, if the
  court finds that the sale of the property is in the best interests
  of the ward or the ward's estate to pay, from the proceeds of the
  sale:
               (1)  expenses of the care, maintenance, and education
  of the ward or the ward's dependents;
               (2)  expenses of administration;
               (3)  allowances;
               (4)  claims against the ward or the ward's estate; and
               (5)  if the guardianship is kept open after the death of
  the ward, the ward's funeral expenses and expenses of the ward's
  last illness.
         (b)  The court may not order under this section the sale of
  exempt property. (Tex. Prob. Code, Sec. 813 (part).)
         Sec. 1158.102.  REQUIREMENTS FOR APPLICATION AND ORDER. To
  the extent possible, an application and order for the sale of estate
  personal property under Section 1158.101 must conform to the
  requirements under Subchapter F for an application and order for
  the sale of real estate. (Tex. Prob. Code, Sec. 813 (part).)
         Sec. 1158.103.  SALE AT PUBLIC AUCTION.  Unless the court
  directs otherwise, before estate personal property is sold at
  public auction, notice must be:
               (1)  issued by the guardian of the estate; and
               (2)  posted in the manner notice is posted for original
  proceedings in probate. (Tex. Prob. Code, Sec. 815.)
         Sec. 1158.104.  SALE ON CREDIT. (a) Estate personal
  property may not be sold on credit at public auction for a term of
  more than six months from the date of sale.
         (b)  Estate personal property purchased on credit at public
  auction may not be delivered to the purchaser until the purchaser
  gives a note for the amount due, with good and solvent personal
  security. The requirement that security be provided may be waived
  if the property will not be delivered until the note, with interest,
  has been paid. (Tex. Prob. Code, Sec. 816.)
         Sec. 1158.105.  REPORT; EVIDENCE OF TITLE. (a) A sale of
  estate personal property shall be reported to the court. The laws
  regulating the confirmation or disapproval of a sale of real estate
  apply to the sale of personal property, except that a conveyance is
  not required.
         (b)  The court's order confirming the sale of estate personal
  property:
               (1)  vests the right and title of the ward's estate in
  the purchaser who has complied with the terms of the sale; and
               (2)  is prima facie evidence that all requirements of
  the law in making the sale have been met.
         (c)  The guardian of the estate, on request, may issue a bill
  of sale without warranty to the purchaser of estate personal
  property as evidence of title. The expense of the bill of sale if
  requested must be paid by the purchaser. (Tex. Prob. Code, Sec.
  818.)
  [Sections 1158.106-1158.150 reserved for expansion]
  SUBCHAPTER D. SALE OF LIVESTOCK
         Sec. 1158.151.  AUTHORITY FOR SALE. (a) A guardian of the
  estate who has possession of livestock and who considers selling
  the livestock to be necessary or to the estate's advantage may, in
  addition to any other method provided by law for the sale of
  personal property, obtain authority from the court in which the
  estate is pending to sell the livestock through:
               (1)  a bonded livestock commission merchant; or
               (2)  a bonded livestock auction commission merchant.
         (b)  The court may authorize the sale of livestock in the
  manner described by Subsection (a) on a written and sworn
  application by the guardian or any person interested in the estate.
  (Tex. Prob. Code, Secs. 814(a), (b) (part).)
         Sec. 1158.152.  CONTENTS OF APPLICATION; HEARING. (a) An
  application under Section 1158.151 must:
               (1)  describe the livestock sought to be sold; and
               (2)  state why granting the application is necessary or
  to the estate's advantage.
         (b)  The court:
               (1)  shall consider the application; and
               (2)  may hear evidence for or against the application,
  with or without notice, as the facts warrant. (Tex. Prob. Code,
  Sec. 814(b) (part).)
         Sec. 1158.153.  GRANT OF APPLICATION. If the court grants an
  application for the sale of livestock, the court shall:
               (1)  enter an order to that effect; and
               (2)  authorize delivery of the livestock to a
  commission merchant described by Section 1158.151(a) for sale in
  the regular course of business. (Tex. Prob. Code, Sec. 814(c)
  (part).)
         Sec. 1158.154.  REPORT; PASSAGE OF TITLE. The guardian of
  the estate shall promptly report to the court a sale of livestock,
  supported by a verified copy of the commission merchant's account
  of the sale. A court order of confirmation is not required to pass
  title to the purchaser of the livestock. (Tex. Prob. Code, Sec.
  814(c) (part).)
         Sec. 1158.155.  COMMISSION MERCHANT CHARGES. The commission
  merchant shall be paid the commission merchant's usual and
  customary charges, not to exceed five percent of the sale price, for
  the sale of the livestock. (Tex. Prob. Code, Sec. 814(c) (part).)
  [Sections 1158.156-1158.200 reserved for expansion]
  SUBCHAPTER E. SALE OF MORTGAGED PROPERTY
         Sec. 1158.201.  APPLICATION FOR SALE OF MORTGAGED PROPERTY.
  On the filing of a written application, a creditor holding a claim
  that is secured by a valid mortgage or other lien and that has been
  allowed and approved or established by suit may obtain from the
  court in which the guardianship is pending an order requiring that
  the property securing the lien, or as much of the property as is
  necessary to satisfy the creditor's claim, be sold. (Tex. Prob.
  Code, Sec. 817 (part).)
         Sec. 1158.202.  CITATION. On the filing of an application
  under Section 1158.201, the clerk shall issue a citation requiring
  the guardian of the estate to appear and show cause why the
  application should not be granted. (Tex. Prob. Code, Sec. 817
  (part).)
         Sec. 1158.203.  ORDER. The court may order the lien securing
  the claim of a creditor who files an application under Section
  1158.201 to be discharged out of general estate assets or
  refinanced if the discharge or refinance of the lien appears to the
  court to be advisable. Otherwise, the court shall grant the
  application and order that the property securing the lien be sold at
  public or private sale, as the court considers best, as in an
  ordinary sale of real estate. (Tex. Prob. Code, Sec. 817 (part).)
  [Sections 1158.204-1158.250 reserved for expansion]
  SUBCHAPTER F. SALE OF REAL PROPERTY: APPLICATION AND ORDER FOR SALE
         Sec. 1158.251.  APPLICATION FOR ORDER OF SALE. An
  application may be made to the court for an order to sell real
  property of a ward's estate if the sale appears necessary or
  advisable to:
               (1)  pay:
                     (A)  expenses of administration, allowances, and
  claims against the ward or the ward's estate; and
                     (B)  if the guardianship is kept open after the
  death of the ward, the ward's funeral expenses and expenses of the
  ward's last illness;
               (2)  make up the deficiency if the income of a ward's
  estate, the personal property of the estate, and the proceeds of
  previous sales are insufficient to pay for the education and
  maintenance of the ward or to pay debts against the estate;
               (3)  dispose of property of the ward's estate that
  consists wholly or partly of an undivided interest in real estate if
  considered in the best interests of the estate to sell the interest;
               (4)  dispose of real estate of a ward, any part of which
  is nonproductive or does not produce sufficient revenue to make a
  fair return on the value of the real estate, if:
                     (A)  the improvement of the real estate with a
  view to making the property productive is not considered
  advantageous or advisable; and
                     (B)  the sale of the real estate and the
  investment of the money derived from that sale appears to be in the
  estate's best interests; or
               (5)  conserve the ward's estate by selling mineral
  interest or royalties on minerals in place owned by the ward. (Tex.
  Prob. Code, Sec. 820.)
         Sec. 1158.252.  CONTENTS OF APPLICATION.  An application for
  the sale of real estate must:
               (1)  be in writing;
               (2)  describe:
                     (A)  the real estate sought to be sold; or
                     (B)  the interest in or part of the real estate
  sought to be sold; and
               (3)  be accompanied by an exhibit, verified by an
  affidavit, showing fully and in detail:
                     (A)  the estate's condition;
                     (B)  the charges and claims that have been
  approved or established by suit or that have been rejected and may
  be established later;
                     (C)  the amount of each claim described by
  Paragraph (B);
                     (D)  the estate property remaining on hand that is
  liable for the payment of the claims described by Paragraph (B); and
                     (E)  any other facts showing the necessity for or
  advisability of the sale. (Tex. Prob. Code, Sec. 821.)
         Sec. 1158.253.  CITATION. On the filing of an application
  for the sale of real estate under Section 1158.251, accompanied by
  an exhibit described by Section 1158.252, the clerk shall issue a
  citation to all persons interested in the guardianship. The
  citation must:
               (1)  describe the real estate or the interest in or part
  of the real estate sought to be sold;
               (2)  inform the interested persons of the right under
  Section 1158.254 to file an opposition to the sale during the period
  prescribed by the court in the citation; and
               (3)  be served by posting. (Tex. Prob. Code, Sec. 823.)
         Sec. 1158.254.  OPPOSITION TO SALE. During the period
  prescribed in a citation issued under Section 1158.253, a person
  interested in the guardianship may file:
               (1)  a written opposition to the sale; or
               (2)  an application for the sale of other estate
  property. (Tex. Prob. Code, Sec. 824.)
         Sec. 1158.255.  HEARING ON APPLICATION AND ANY OPPOSITION.
  (a) The clerk of the court in which an application for an order of
  sale is filed shall immediately call to the judge's attention any
  opposition to the sale that is filed during the period prescribed in
  the citation issued under Section 1158.253. The court shall hold a
  hearing on the application if an opposition to the sale is filed
  during the period prescribed in the citation.
         (b)  A hearing on an application for an order of sale is not
  required under this section if no opposition to the application is
  filed during the period prescribed in the citation. The court may
  determine that a hearing on the application is necessary even if no
  opposition is filed during that period.
         (c)  If the court orders a hearing under Subsection (a) or
  (b), the court shall designate in writing a date and time for the
  hearing on the application and any opposition, together with the
  evidence pertaining to the application and any opposition. The
  clerk shall issue a notice of the date and time of the hearing to the
  applicant and to each person who files an opposition to the sale, if
  applicable.
         (d)  The judge, by entries on the docket, may continue a
  hearing held under this section from time to time until the judge is
  satisfied concerning the application.  (Tex. Prob. Code, Sec.
  824A.)
         Sec. 1158.256.  ORDER. (a) The court shall order the sale
  of the property of the estate described in an application under
  Section 1158.251 if the court is satisfied that the sale is
  necessary or advisable. Otherwise, the court may deny the
  application and, if the court considers it best, may order the sale
  of other estate property the sale of which would be more
  advantageous to the estate.
         (b)  An order for the sale of real estate under this section
  must specify:
               (1)  the property to be sold, including a description
  that identifies that property;
               (2)  whether the property is to be sold at public
  auction or private sale and, if at public auction, the time and
  place of the sale;
               (3)  the necessity or advisability of, and the purpose
  of, the sale;
               (4)  except in a case in which a guardian of the estate
  was not required to give a general bond, that the court, after
  examining the general bond given by the guardian, finds that:
                     (A)  the bond is sufficient as required by law; or
                     (B)  the bond is insufficient;
               (5)  if the court finds that the general bond is
  insufficient under Subdivision (4)(B), the amount of the necessary
  or increased bond, as applicable;
               (6)  that the sale is to be made and the report returned
  in accordance with law; and
               (7)  the terms of the sale. (Tex. Prob. Code, Sec.
  825.)
         Sec. 1158.257.  SALE FOR PAYMENT OF DEBTS. Real property of
  a ward selected to be sold for the payment of expenses or claims
  must be that property the sale of which the court considers most
  advantageous to the guardianship.  (Tex. Prob. Code, Sec. 819.)
  [Sections 1158.258-1158.300 reserved for expansion]
  SUBCHAPTER G. SALE OF REAL ESTATE: TERMS OF SALE
         Sec. 1158.301.  PERMISSIBLE TERMS. Real estate of an estate
  may be sold for cash, or for part cash and part credit, or the equity
  in land securing an indebtedness may be sold subject to the
  indebtedness, or with an assumption of the indebtedness, at public
  or private sale, as appears to the court to be in the estate's best
  interests. (Tex. Prob. Code, Sec. 827(a) (part).)
         Sec. 1158.302.  SALE ON CREDIT. (a) The cash payment for
  real estate of an estate sold partly on credit may not be less than
  one-fifth of the purchase price. The purchaser shall execute a note
  for the deferred payments, payable in monthly, quarterly,
  semiannual, or annual installments, in amounts that appear to the
  court to be in the guardianship's best interests. The note must
  bear interest from the date at a rate of not less than four percent
  per year, payable as provided in the note.
         (b)  A note executed by a purchaser under Subsection (a) must
  be secured by a vendor's lien retained in the deed and in the note on
  the property sold, and be additionally secured by a deed of trust on
  the property sold, with the usual provisions for foreclosure and
  sale on failure to make the payments provided in the deed and the
  note.
         (c)  At the election of the holder of a note executed by a
  purchaser under Subsection (a), default in the payment of principal
  or interest or any part of the payment when due matures the entire
  debt. (Tex. Prob. Code, Sec. 827(a) (part).)
  [Sections 1158.303-1158.350 reserved for expansion]
  SUBCHAPTER H. RECONVEYANCE OF REAL ESTATE FOLLOWING FORECLOSURE
         Sec. 1158.351.  APPLICABILITY OF SUBCHAPTER. This
  subchapter applies only to real estate owned by an estate as a
  result of the foreclosure of a vendor's lien or mortgage belonging
  to the estate:
               (1)  by a judicial sale;
               (2)  by a foreclosure suit;
               (3)  through a sale under a deed of trust; or
               (4)  by acceptance of a deed in cancellation of a lien
  or mortgage owned by the estate. (Tex. Prob. Code, Sec. 827(b)
  (part).)
         Sec. 1158.352.  APPLICATION AND ORDER FOR RECONVEYANCE. On
  proper application and proof, the court may dispense with the
  requirements for a credit sale prescribed by Section 1158.302 and
  order the reconveyance of foreclosed real estate to the former
  mortgage debtor or former owner if it appears to the court that:
               (1)  an application to redeem the real estate has been
  made by the former owner to a corporation or agency created by an
  act of the United States Congress or of this state in connection
  with legislation for the relief of owners of mortgaged or
  encumbered homes, farms, ranches, or other real estate; and
               (2)  owning bonds of one of those federal or state
  corporations or agencies instead of the real estate would be in the
  estate's best interests. (Tex. Prob. Code, Sec. 827(b) (part).)
         Sec. 1158.353.  EXCHANGE FOR BONDS. (a) If a court orders
  the reconveyance of foreclosed real estate under Section 1158.352,
  vendor's lien notes shall be reserved for the total amount of the
  indebtedness due or for the total amount of bonds that the
  corporation or agency to which the application to redeem the real
  estate was submitted as described by Section 1158.352(1) is allowed
  to advance under the corporation's or agency's rules or
  regulations.
         (b)  On obtaining the order for reconveyance, it shall be
  proper for the guardian to endorse and assign the reserved vendor's
  lien notes over to any one of the corporations or agencies described
  by Section 1158.352(1) in exchange for bonds of that corporation or
  agency. (Tex. Prob. Code, Sec. 827(b) (part).)
  [Sections 1158.354-1158.400 reserved for expansion]
  SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC SALE
         Sec. 1158.401.  REQUIRED NOTICE. (a) Except as otherwise
  provided by this title, the guardian of the estate shall advertise a
  public sale of real estate of the estate by a notice published in
  the county in which the estate is pending, as provided by this title
  for publication of notices or citations. The notice must include a
  reference to:
               (1)  the order of sale;
               (2)  the time, place, and required terms of sale; and
               (3)  a brief description of the real estate to be sold.
         (b)  The reference described by Subsection (a)(1) is not
  required to contain field notes, but if the real estate to be sold
  is rural property, the reference must include:
               (1)  the name of the original survey of the real estate;
               (2)  the number of acres the real estate consists of;
               (3)  the location of the real estate in the county; and
               (4)  the name by which the real estate is generally
  known. (Tex. Prob. Code, Sec. 828(a).)
         Sec. 1158.402.  METHOD OF SALE. A public sale of real estate
  of an estate shall be made at public auction to the highest bidder.
  (Tex. Prob. Code, Sec. 828(b).)
         Sec. 1158.403.  TIME AND PLACE OF SALE. (a) Except as
  provided by Subsection (c), a public sale of real estate of an
  estate shall be made at:
               (1)  the courthouse door in the county in which the
  guardianship proceedings are pending; or
               (2)  another place in that county at which sales of real
  estate are specifically authorized to be made.
         (b)  The sale must occur between 10 a.m. and 4 p.m. on the
  first Tuesday of the month after publication of notice has been
  completed.
         (c)  If the court considers it advisable, the court may order
  the sale to be made in the county in which the real estate is
  located, in which event notice shall be published both in that
  county and in the county in which the proceedings are pending.
  (Tex. Prob. Code, Sec. 828(c).)
         Sec. 1158.404.  CONTINUANCE OF SALE. (a) A public sale of
  real estate of an estate that is not completed on the day advertised
  may be continued from day to day by an oral public announcement of
  the continuance made at the conclusion of the sale each day.
         (b)  A continued sale must occur within the hours prescribed
  by Section 1158.403(b).
         (c)  The continuance of a sale under this section shall be
  shown in the report of the sale made to the court. (Tex. Prob. Code,
  Sec. 828(d).)
         Sec. 1158.405.  FAILURE OF BIDDER TO COMPLY. (a) If a
  person who bids on real estate of the guardianship estate offered
  for sale at public auction fails to comply with the terms of the
  sale, the real estate shall be readvertised and sold without any
  further order.
         (b)  The person defaulting on a bid as described by
  Subsection (a) is liable for payment to the guardian of the estate,
  for the estate's benefit, of:
               (1)  10 percent of the amount of the bid; and
               (2)  the amount of any deficiency in price on the second
  sale.
         (c)  The guardian shall recover the amounts under Subsection
  (b) by suit in any court in the county in which the sale was made
  that has jurisdiction over the amount claimed. (Tex. Prob. Code,
  Sec. 828(e).)
  [Sections 1158.406-1158.450 reserved for expansion]
  SUBCHAPTER J. SALE OF REAL ESTATE: PRIVATE SALE
         Sec. 1158.451.  MANNER OF SALE. A private sale of real
  estate of the estate shall be made in the manner the court directs
  in the order of sale. Unless the court directs otherwise,
  additional advertising, notice, or citation concerning the sale is
  not required. (Tex. Prob. Code, Sec. 829.)
  [Sections 1158.452-1158.500 reserved for expansion]
  SUBCHAPTER K.  SALE OF EASEMENT OR RIGHT-OF-WAY
         Sec. 1158.501.  AUTHORIZATION. The guardian may sell and
  convey easements and rights-of-way on, under, and over the land of a
  guardianship estate that is being administered under court order,
  regardless of whether the sale proceeds are required to pay charges
  or claims against the estate, or for other lawful purposes. (Tex.
  Prob. Code, Sec. 830 (part).)
         Sec. 1158.502.  PROCEDURE. The procedure for the sale of an
  easement or right-of-way authorized under Section 1158.501 is the
  same as the procedure provided by law for a sale of real property of
  a ward at private sale. (Tex. Prob. Code, Sec. 830 (part).)
  [Sections 1158.503-1158.550 reserved for expansion]
  SUBCHAPTER L. CONFIRMATION OF SALE OF REAL PROPERTY AND TRANSFER OF
  TITLE
         Sec. 1158.551.  REPORT. A sale of estate real property shall
  be reported to the court ordering the sale not later than the 30th
  day after the date the sale is made. The report must:
               (1)  be in writing, sworn to, and filed with the clerk;
               (2)  include:
                     (A)  the date of the order of sale;
                     (B)  a description of the property sold;
                     (C)  the time and place of sale;
                     (D)  the purchaser's name;
                     (E)  the amount for which each parcel of property
  or interest in the parcel of property was sold;
                     (F)  the terms of the sale;
                     (G)  whether the sale was made at public auction
  or privately; and
                     (H)  whether the purchaser is ready to comply with
  the order of sale; and
               (3)  be noted on the guardianship docket. (Tex. Prob.
  Code, Sec. 832.)
         Sec. 1158.552.  ACTION OF COURT ON REPORT OF SALE. After the
  expiration of five days from the date a report of sale is filed
  under Section 1158.551, the court shall:
               (1)  inquire into the manner in which the sale was made;
               (2)  hear evidence in support of or against the report;
  and
               (3)  determine the sufficiency or insufficiency of the
  guardian's general bond, if any has been required and given. (Tex.
  Prob. Code, Sec. 834 (part).)
         Sec. 1158.553.  CONFIRMATION OF SALE WHEN BOND NOT REQUIRED.
  If the guardian of the estate of a ward is not required by Subtitle D
  to give a general bond, the court may confirm the sale of estate
  real property in the manner provided by Section 1158.556(a) if the
  court finds that the sale is satisfactory and made in accordance
  with law. (Tex. Prob. Code, Sec. 833 (part).)
         Sec. 1158.554.  SUFFICIENCY OF BOND. (a) If the guardian of
  an estate is required by Subtitle D to give a general bond, before
  the court confirms any sale of real estate, the court shall
  determine whether the bond is sufficient to protect the estate
  after the sale proceeds are received.
         (b)  If the court finds that the general bond is sufficient,
  the court may confirm the sale as provided by Section 1158.556(a).
         (c)  If the court finds that the general bond is
  insufficient, the court may not confirm the sale until the general
  bond is increased to the amount required by the court, or an
  additional bond is given, and approved by the court.
         (d)  An increase in the amount of the general bond, or the
  additional bond, as applicable under Subsection (c), must be equal
  to the sum of:
               (1)  the amount for which the real estate is sold; and
               (2)  any additional amount the court finds necessary
  and sets for the estate's protection. (Tex. Prob. Code, Sec. 833
  (part).)
         Sec. 1158.555.  INCREASED OR ADDITIONAL BOND NOT REQUIRED.
  Notwithstanding Sections 1158.554(c) and (d), if the real estate
  sold is encumbered by a lien to secure a claim against the estate
  and is sold to the owner or holder of the secured claim in full
  payment, liquidation, and satisfaction of the claim, an increased
  general bond or additional bond may not be required except for the
  amount of any cash paid to the guardian of the estate in excess of
  the amount necessary to pay, liquidate, and satisfy the claim in
  full. (Tex. Prob. Code, Sec. 833 (part).)
         Sec. 1158.556.  CONFIRMATION OR DISAPPROVAL ORDER. (a) If
  the court is satisfied that a sale reported under Section 1158.551
  was for a fair price, was properly made, and was in conformity with
  law, and the court has approved any increased or additional bond
  that the court found necessary to protect the estate, the court
  shall enter an order:
               (1)  confirming the sale;
               (2)  showing conformity with the provisions of this
  chapter relating to the sale;
               (3)  detailing the terms of the sale; and
               (4)  authorizing the guardian of the estate to convey
  the property on the purchaser's compliance with the terms of the
  sale.
         (b)  If the court is not satisfied that the sale was for a
  fair price, was properly made, and was in conformity with law, the
  court shall issue an order setting aside the sale and ordering a new
  sale to be made, if necessary.
         (c)  The court's action in confirming or disapproving a
  report of a sale has the effect of a final judgment. Any person
  interested in the guardianship estate or in the sale is entitled to
  have an order entered under this section reviewed as in other final
  judgments in probate proceedings. (Tex. Prob. Code, Sec. 834
  (part).)
         Sec. 1158.557.  DEED. Real estate of an estate that is sold
  shall be conveyed by a proper deed that refers to and identifies the
  court order confirming the sale. The deed:
               (1)  vests in the purchaser all right and title of the
  estate to, and all interest of the estate in, the property; and
               (2)  is prima facie evidence that the sale has met all
  applicable requirements of law. (Tex. Prob. Code, Sec. 835.)
         Sec. 1158.558.  DELIVERY OF DEED. (a)  After the court has
  confirmed a sale and one purchaser has complied with the terms of
  the sale, the guardian of the estate shall execute and deliver to
  the purchaser a proper deed conveying the property.
         (b)  If the sale is made partly on credit:
               (1)  the vendor's lien securing a purchase money note
  must be expressly retained in the deed and may not be waived; and
               (2)  before actual delivery of the deed to the
  purchaser, the purchaser shall execute and deliver to the guardian
  of the estate a vendor's lien note, with or without personal
  sureties as ordered by the court, and a deed of trust or mortgage on
  the property as additional security for the payment of the note.
         (c)  On completion of the transaction, the guardian of the
  estate shall promptly file and record the deed of trust or mortgage
  in the appropriate records in the county in which the land is
  located. (Tex. Prob. Code, Sec. 836.)
         Sec. 1158.559.  DAMAGES; REMOVAL. (a) If the guardian of
  the estate neglects to comply with Section 1158.558, including to
  file the deed of trust securing a lien in the proper county, the
  guardian and the sureties on the guardian's bond shall, after
  complaint and citation, be held liable for the use of the estate and
  for all damages resulting from the guardian's neglect, and the
  court may remove the guardian.
         (b)  Damages under this section may be recovered in a court
  of competent jurisdiction. (Tex. Prob. Code, Sec. 837.)
  [Sections 1158.560-1158.600 reserved for expansion]
  SUBCHAPTER M. PROCEDURE ON FAILURE TO APPLY FOR SALE
         Sec. 1158.601.  FAILURE TO APPLY FOR SALE. If the guardian
  of the estate of a ward neglects to apply for an order to sell
  sufficient property to pay charges and claims against the estate
  that have been allowed and approved or established by suit, an
  interested person, on written application, may have the guardian
  cited to appear and make a full exhibit of the estate's condition
  and show cause why a sale of the property should not be ordered.
  (Tex. Prob. Code, Sec. 826 (part).)
         Sec. 1158.602.  COURT ORDER. On hearing an application
  under Section 1158.601, if the court is satisfied that a sale of
  estate property is necessary or advisable to satisfy the charges
  and claims described by Section 1158.601, the court shall enter an
  order of sale as provided by Section 1158.256. (Tex. Prob. Code,
  Sec. 826 (part).)
  [Sections 1158.603-1158.650 reserved for expansion]
  SUBCHAPTER N. PURCHASE OF ESTATE PROPERTY BY GUARDIAN
         Sec. 1158.651.  GENERAL PROHIBITION ON PURCHASE. Except as
  otherwise provided by Section 1158.652 or 1158.653, the guardian of
  the estate of a ward may not purchase, directly or indirectly, any
  estate property sold by the guardian or any co-representative of
  the guardian. (Tex. Prob. Code, Sec. 831(a).)
         Sec. 1158.652.  EXCEPTION: EXECUTORY CONTRACT. The guardian
  of the estate of a ward may purchase estate property in compliance
  with the terms of a written executory contract signed by the ward
  before the ward became incapacitated, including:
               (1)  a contract for deed;
               (2)  an earnest money contract;
               (3)  a buy/sell agreement; and
               (4)  a stock purchase or redemption agreement. (Tex.
  Prob. Code, Sec. 831(b).)
         Sec. 1158.653.  EXCEPTION: BEST INTEREST OF ESTATE. (a) The
  guardian of the estate may purchase estate property on the court's
  determination that the sale is in the estate's best interest.
         (b)  In the case of an application filed by the guardian of
  the estate of a ward, the court shall appoint an attorney ad litem
  to represent the ward with respect to the sale.
         (c)  The court may require notice for a sale made under this
  section. (Tex. Prob. Code, Sec. 831(c).)
         Sec. 1158.654.  PURCHASE IN VIOLATION OF SUBCHAPTER. (a) If
  the guardian of the estate of a ward purchases estate property in
  violation of this subchapter, a person interested in the estate may
  file a written complaint with the court in which the guardianship
  proceedings are pending.
         (b)  On service of citation on the guardian on a complaint
  filed under Subsection (a) and after hearing and proof, the court
  shall:
               (1)  declare the sale void;
               (2)  set aside the sale; and
               (3)  order the reconveyance of the property to the
  estate.
         (c)  The court shall adjudge against the guardian all costs
  of the sale, protest, and suit, if found necessary. (Tex. Prob.
  Code, Sec. 831(d).)
  [Sections 1158.655-1158.700 reserved for expansion]
  SUBCHAPTER O. PARTITION OF WARD'S INTEREST IN REAL ESTATE
         Sec. 1158.701.  PARTITION BY AGREEMENT. (a)  The guardian of
  the estate of a ward may agree to a partition of real estate in which
  the ward owns an interest in common with one or more other part
  owners if, in the opinion of the guardian, it is in the best
  interests of the ward's estate to partition the real estate.
         (b)  An agreement under Subsection (a) is subject to the
  approval of the court in which the guardianship proceeding is
  pending. (Tex. Prob. Code, Sec. 853(a).)
         Sec. 1158.702.  APPLICATION FOR APPROVAL OF PARTITION
  AGREEMENT. (a)  When a guardian has reached an agreement with the
  other part owners on how to partition real estate as described by
  Section 1158.701, the guardian shall file with the court in which
  the guardianship proceedings are pending an application to have the
  agreement approved by the court.
         (b)  The application must:
               (1)  describe the real estate to be divided;
               (2)  state why it is in the best interests of the ward's
  estate to partition the real estate; and
               (3)  show that the proposed partition agreement is fair
  and just to the ward's estate.  (Tex. Prob. Code, Sec. 853(b).)
         Sec. 1158.703.  HEARING. (a)  The county clerk shall
  immediately call to the attention of the judge of the court in which
  the guardianship proceeding is pending the filing of an application
  required by Section 1158.702. The judge shall designate a day to
  hear the application.
         (b)  The application must remain on file at least 10 days
  before any orders are entered.
         (c)  The judge may continue a hearing held under this section
  from time to time until the judge is satisfied concerning the
  application.  (Tex. Prob. Code, Sec. 853(c).)
         Sec. 1158.704.  ORDER. If the judge is satisfied that the
  proposed partition of the real estate is in the best interests of
  the ward's estate, the court shall enter an order approving the
  partition and directing the guardian to execute the necessary
  agreement for the purpose of implementing the order and partition.  
  (Tex. Prob. Code, Sec. 853(d).)
         Sec. 1158.705.  PARTITION WITHOUT COURT APPROVAL;
  RATIFICATION OF PARTITION AGREEMENT.  (a)  If a guardian, without
  court approval as provided by this subchapter, executes or intends
  to execute an agreement to partition any real estate in which the
  ward has an interest, the guardian shall file with the court in
  which the guardianship proceedings are pending an application for
  the approval and ratification of the partition agreement.
         (b)  The application must:
               (1)  refer to the agreement in a manner in which the
  court can fully understand the nature of the partition and the real
  estate being divided; and
               (2)  state that, in the opinion of the guardian, the
  agreement is fair and just to the ward's estate and is in the best
  interests of the estate.
         (c)  On the filing of an application under Subsection (a),
  the court shall hold a hearing on the application as provided by
  Section 1158.703. The court shall enter an order ratifying and
  approving the partition agreement if the court is of the opinion
  that the partition is:
               (1)  fairly made; and
               (2)  in the best interests of the ward's estate.
         (d)  On ratification and approval, the partition is
  effective and binding as if originally executed after a court
  order. (Tex. Prob. Code, Sec. 853(e).)
         Sec. 1158.706.  PARTITION BY SUIT. (a)  The guardian of the
  estate of a ward may bring a suit in the court in which the
  guardianship proceeding is pending for the partition of any real
  estate that the ward owns in common with one or more other part
  owners if the guardian is of the opinion that it is in the best
  interests of the ward's estate that the real estate be partitioned.
         (b)  The court may enter an order partitioning the real
  estate to the owner of the real estate, if after hearing the suit,
  the court is satisfied that the partition of the real estate is
  necessary. (Tex. Prob. Code, Sec. 853(f).)
  CHAPTER 1159.  RENTING ESTATE PROPERTY
  SUBCHAPTER A. RENTAL AND RETURN OF ESTATE PROPERTY
  Sec. 1159.001.  RENTING ESTATE PROPERTY WITHOUT COURT
                   ORDER 
  Sec. 1159.002.  RENTING ESTATE PROPERTY WITH COURT
                   ORDER 
  Sec. 1159.003.  ESTATE PROPERTY RENTED ON CREDIT 
  Sec. 1159.004.  CONDITION OF RETURNED ESTATE PROPERTY 
  Sec. 1159.005.  COMPLAINT FOR FAILURE TO RENT 
  [Sections 1159.006-1159.050 reserved for expansion]
  SUBCHAPTER B. REPORT ON RENTED ESTATE PROPERTY
  Sec. 1159.051.  REPORTS CONCERNING RENTALS 
  Sec. 1159.052.  COURT ACTION ON REPORT 
  CHAPTER 1159. RENTING ESTATE PROPERTY
  SUBCHAPTER A. RENTAL AND RETURN OF ESTATE PROPERTY
         Sec. 1159.001.  RENTING ESTATE PROPERTY WITHOUT COURT ORDER.
  (a)  The guardian of an estate, without a court order, may rent any
  of the estate property for one year or less, at public auction or
  privately, as is considered to be in the best interests of the
  estate.
         (b)  On the sworn complaint of any person interested in the
  estate, the court shall require a guardian of the estate who,
  without a court order, rents estate property to account to the
  estate for the reasonable value of the rent of the property, to be
  ascertained by the court on satisfactory evidence. (Tex. Prob.
  Code, Secs. 839, 840.)
         Sec. 1159.002.  RENTING ESTATE PROPERTY WITH COURT ORDER.
  (a) The guardian of an estate may file a written application with
  the court setting forth the property the guardian seeks to rent.  If
  the proposed rental period is one year or more, the guardian of the
  estate shall file a written application with the court setting
  forth the property the guardian seeks to rent.
         (b)  If the court finds that granting an application filed
  under Subsection (a) is in the interests of the estate, the court
  shall grant the application and issue an order that:
               (1)  describes the property to be rented; and
               (2)  states whether the property will be rented at
  public auction or privately, whether for cash or on credit, and if
  on credit, the extent of the credit and the period for which the
  property may be rented.
         (c)  If, under Subsection (b), the court orders property to
  be rented at public auction, the court shall prescribe whether
  notice of the auction shall be published or posted. (Tex. Prob.
  Code, Sec. 841.)
         Sec. 1159.003.  ESTATE PROPERTY RENTED ON CREDIT. (a)  
  Possession of estate property rented on credit may not be delivered
  until the renter executes and delivers to the guardian of the estate
  a note with good personal security for the amount of the rent. If
  the property is delivered without the guardian receiving the
  required security, the guardian and the sureties on the guardian's
  bond are liable for the full amount of the rent.
         (b)  Subsection (a) does not apply to a rental that is paid in
  installments in advance of the period to which the installments
  relate. (Tex. Prob. Code, Sec. 843.)
         Sec. 1159.004.  CONDITION OF RETURNED ESTATE PROPERTY. (a)
  Estate property that is rented must be returned to the estate's
  possession in as good a condition, except for reasonable wear and
  tear, as when the property was rented.
         (b)  The guardian of the estate shall:
               (1)  ensure that rented estate property is returned in
  the condition required by Subsection (a);
               (2)  report to the court any damage to, or loss or
  destruction of, estate property rented under this chapter; and
               (3)  ask the court for the authority to take any
  necessary action.
         (c)  A guardian who fails to act as required by this section
  and the sureties on the guardian's bond are liable to the estate for
  any loss or damage suffered as a result of the guardian's failure.
  (Tex. Prob. Code, Sec. 844.)
         Sec. 1159.005.  COMPLAINT FOR FAILURE TO RENT. (a) A person
  interested in a guardianship may:
               (1)  file a written and sworn complaint in the court in
  which the estate is pending; and
               (2)  have the guardian of the estate cited to appear and
  show cause why the guardian did not rent any estate property.
         (b)  The court, on hearing the complaint, shall issue an
  order that is in the best interests of the estate. (Tex. Prob.
  Code, Sec. 842.)
  [Sections 1159.006-1159.050 reserved for expansion]
  SUBCHAPTER B. REPORT ON RENTED ESTATE PROPERTY
         Sec. 1159.051.  REPORTS CONCERNING RENTALS. (a) A guardian
  of an estate who rents estate property with an appraised value of
  $3,000 or more, not later than the 30th day after the date of the
  rental, shall file with the court a sworn and written report
  stating:
               (1)  the property rented and the property's appraised
  value;
               (2)  the date the property was rented and whether the
  rental occurred at public auction or privately;
               (3)  the name of the person renting the property;
               (4)  the rental amount;
               (5)  whether the rental was for cash or on credit; and
               (6)  if the rental was on credit, the length of time,
  the terms, and the security received for the credit.
         (b)  A guardian of an estate who rents estate property with
  an appraised value of less than $3,000 may report the rental in the
  next annual or final account that must be filed as required by law.
  (Tex. Prob. Code, Sec. 845.)
         Sec. 1159.052.  COURT ACTION ON REPORT. (a)  After the fifth
  day after the date the report of the rental is filed, the court
  shall:
               (1)  examine the report; and
               (2)  by order approve and confirm the rental if the
  court finds the rental just and reasonable.
         (b)  If the court disapproves the rental, the guardianship is
  not bound and the court may order another offering for rent of the
  property in the same manner and subject to the provisions of this
  chapter.
         (c)  If the court approves the rental and it later appears
  that, by reason of the fault of the guardian of the estate, the
  property was not rented for the property's reasonable value, the
  court shall have the guardian and the sureties on the guardian's
  bond appear and show cause why the reasonable value of the rental of
  the property should not be adjudged against the guardian or
  sureties. (Tex. Prob. Code, Sec. 846.)
  CHAPTER 1160.  MATTERS RELATING TO MINERAL PROPERTIES
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 1160.001.  DEFINITIONS 
  [Sections 1160.002-1160.050 reserved for expansion]
  SUBCHAPTER B. MINERAL LEASES AFTER PUBLIC NOTICE
  Sec. 1160.051.  AUTHORIZATION FOR LEASING OF MINERALS 
  Sec. 1160.052.  LEASE APPLICATION 
  Sec. 1160.053.  SCHEDULING OF HEARING ON APPLICATION;
                   CONTINUANCE 
  Sec. 1160.054.  NOTICE OF HEARING ON APPLICATION 
  Sec. 1160.055.  REQUIREMENTS REGARDING ORDER AND NOTICE
                   MANDATORY 
  Sec. 1160.056.  HEARING ON APPLICATION; ORDER 
  Sec. 1160.057.  MAKING OF LEASE ON GRANTING OF
                   APPLICATION 
  Sec. 1160.058.  BOND REQUIREMENTS 
  Sec. 1160.059.  TERM OF LEASE BINDING 
  Sec. 1160.060.  AMENDMENT OF LEASE REGARDING EFFECT OF
                   SHUT-IN GAS WELL 
  [Sections 1160.061-1160.100 reserved for expansion]
  SUBCHAPTER C. MINERAL LEASES AT PRIVATE SALE
  Sec. 1160.101.  AUTHORIZATION FOR LEASING OF MINERALS
                   AT PRIVATE SALE 
  Sec. 1160.102.  ACTION OF COURT IF PUBLIC ADVERTISING
                   NOT REQUIRED 
  [Sections 1160.103-1160.150 reserved for expansion]
  SUBCHAPTER D. POOLING OR UNITIZATION OF ROYALTIES OR MINERALS
  Sec. 1160.151.  AUTHORIZATION FOR POOLING OR
                   UNITIZATION 
  Sec. 1160.152.  POOLING OR UNITIZATION APPLICATION 
  Sec. 1160.153.  NOTICE NOT REQUIRED 
  Sec. 1160.154.  HEARING ON APPLICATION 
  Sec. 1160.155.  ACTION OF COURT AND CONTENTS OF ORDER 
  [Sections 1160.156-1160.200 reserved for expansion]
  SUBCHAPTER E. SPECIAL ANCILLARY INSTRUMENTS THAT MAY BE EXECUTED
  WITHOUT COURT ORDER
  Sec. 1160.201.  AUTHORIZATION FOR EXECUTION OF CERTAIN
                   INSTRUMENTS 
  [Sections 1160.202-1160.250 reserved for expansion]
  SUBCHAPTER F. PROCEDURE IF GUARDIAN OF ESTATE NEGLECTS TO APPLY FOR
  AUTHORITY
  Sec. 1160.251.  APPLICATION TO SHOW CAUSE 
  Sec. 1160.252.  HEARING ON APPLICATION 
  Sec. 1160.253.  ORDER 
  Sec. 1160.254.  PROCEDURE TO BE FOLLOWED AFTER ENTRY OF
                   ORDER 
  CHAPTER 1160. MATTERS RELATING TO MINERAL PROPERTIES
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 1160.001.  DEFINITIONS. In this chapter:
               (1)  "Gas" includes all liquid hydrocarbons in the
  gaseous phase in the reservoir.
               (2)  "Land" includes minerals or an interest in
  minerals in place.
               (3)  "Mineral development" includes exploration for,
  whether by geophysical or other means, drilling for, mining for,
  development of, operations in connection with, production of, and
  saving of oil, other liquid hydrocarbons, gas, gaseous elements,
  sulphur, metals, and all other minerals, whether solid or
  otherwise.
               (4)  "Property" includes land, minerals in place,
  whether solid, liquid, or gaseous, and an interest of any kind in
  the property, including a royalty interest, owned by an estate.
  (Tex. Prob. Code, Sec. 847(a); New.)
  [Sections 1160.002-1160.050 reserved for expansion]
  SUBCHAPTER B. MINERAL LEASES AFTER PUBLIC NOTICE
         Sec. 1160.051.  AUTHORIZATION FOR LEASING OF MINERALS. (a)  
  The court in which a guardianship proceeding is pending may
  authorize the guardian, acting solely under a court order, to make,
  execute, and deliver a lease, with or without a unitization clause
  or pooling provision, providing for the exploration for and
  development and production of oil, other liquid hydrocarbons, gas,
  metals and other solid minerals, and other minerals, or any of those
  minerals in place, belonging to the estate.
         (b)  A lease authorized by Subsection (a) must be made and
  entered into under and in conformity with this subchapter. (Tex.
  Prob. Code, Secs. 847(b), (c).)
         Sec. 1160.052.  LEASE APPLICATION. (a)  The guardian of the
  estate shall file with the court a written application for
  authority to lease estate property for mineral exploration and
  development, with or without a pooling provision or unitization
  clause.
         (b)  The lease application must:
               (1)  describe the property fully enough by reference to
  the amount of acreage, the survey name or number, or the abstract
  number, or by another method that adequately identifies the
  property and the property's location in the county in which the
  property is located;
               (2)  specify the interest thought to be owned by the
  estate, if less than the whole, but request authority to include all
  of the interest owned by the estate if that is the intention; and
               (3)  set out the reasons the estate property described
  in the application should be leased.
         (c)  The lease application is not required to set out or
  suggest:
               (1)  the name of any proposed lessee; or
               (2)  the terms, provisions, or form of any desired
  lease. (Tex. Prob. Code, Sec. 847(d).)
         Sec. 1160.053.  SCHEDULING OF HEARING ON APPLICATION;
  CONTINUANCE. (a)  Immediately after the filing of a lease
  application under Section 1160.052, the county clerk shall call the
  filing of the application to the court's attention.  The judge shall
  promptly make and enter a brief order designating the time and place
  for hearing the application.
         (b)  If the hearing is not held at the time originally
  designated by the court or by a timely continuance order entered,
  the hearing shall be continued automatically without further notice
  to the same time on the following day, other than Sundays and
  holidays on which the county courthouse is officially closed, and
  from day to day until the lease application is finally acted on and
  disposed of by court order. Notice of an automatic continuance is
  not required. (Tex. Prob. Code, Sec. 847(e).)
         Sec. 1160.054.  NOTICE OF HEARING ON APPLICATION. (a)  At
  least 10 days before the date set for the hearing on a lease
  application filed under Section 1160.052, excluding the date of
  notice and the date set for the hearing, the guardian of the estate
  shall give notice of the hearing by:
               (1)  publishing the notice in one issue of a newspaper
  of general circulation in the county in which the proceeding is
  pending; or
               (2)  if there is no newspaper in the county, posting the
  notice or having the notice posted.
         (b)  If the notice is published, the date of notice is the
  date printed on the newspaper.
         (c)  The notice must:
               (1)  be dated;
               (2)  be directed to all persons interested in the
  estate;
               (3)  state the date on which the lease application was
  filed;
               (4)  describe briefly the property sought to be leased;
               (5)  specify the fractional interest sought to be
  leased if less than the entire interest in the tract identified; and
               (6)  state the time and place designated by the judge
  for the hearing. (Tex. Prob. Code, Sec. 847(f).)
         Sec. 1160.055.  REQUIREMENTS REGARDING ORDER AND NOTICE
  MANDATORY. A court order authorizing any act to be performed in
  accordance with a lease application filed under Section 1160.052 is
  void in the absence of:
               (1)  a written order originally designating a time and
  place for the hearing;
               (2)  a notice issued by the guardian of the estate in
  compliance with the order; and
               (3)  proof of publication or posting of the notice as
  required under Section 1160.054. (Tex. Prob. Code, Sec. 847(g).)
         Sec. 1160.056.  HEARING ON APPLICATION; ORDER. (a)  At the
  time and place designated for the hearing under Section
  1160.053(a), or at the time to which the hearing is continued as
  provided by Section 1160.053(b), the judge shall:
               (1)  hear a lease application filed under Section
  1160.052; and
               (2)  require proof as to the necessity or advisability
  of leasing for mineral development the property described in the
  application and the notice.
         (b)  The judge shall enter an order authorizing one or more
  leases affecting and covering the property or portions of property
  described in the lease application, with or without pooling
  provisions or unitization clauses, and with or without cash
  consideration if considered by the court to be in the best interest
  of the estate, if the judge is satisfied that:
               (1)  the application is in proper form;
               (2)  notice has been given in the manner and for the
  time required by law;
               (3)  proof of necessity or advisability of leasing is
  sufficient; and
               (4)  the application should be granted.
         (c)  The order must contain:
               (1)  the name of the lessee;
               (2)  any actual cash consideration to be paid by the
  lessee;
               (3)  a finding that the requirements of Subsection (b)
  have been satisfied; and
               (4)  one of the following findings:
                     (A)  a finding that the guardian of the estate is
  exempt by law from giving a bond; or
                     (B)  if the guardian of the estate is required to
  give a bond, a finding as to whether the guardian's general bond on
  file is sufficient to protect the personal property on hand,
  including any cash bonus to be paid.
         (d)  If the court finds the general bond insufficient to meet
  the requirements of Subsection (c)(4)(B), the order must show the
  amount of increased or additional bond required to cover the
  deficiency.
         (e)  A complete exhibit copy, either written or printed, of
  each authorized lease must be set out in, attached to, incorporated
  by reference in, or made part of the order. The exhibit copy must
  show:
               (1)  the name of the lessee;
               (2)  the date of the lease;
               (3)  an adequate description of the property being
  leased;
               (4)  any delay rental to be paid to defer commencement
  of operations; and
               (5)  all other authorized terms and provisions.
         (f)  If the date of a lease does not appear in the exhibit
  copy of the lease or in the order, the date of the order is
  considered for all purposes to be the date of the lease.
         (g)  If the name or address of a depository bank for
  receiving rental is not shown in the exhibit copy of a lease, the
  guardian of the estate may insert the name or address, or cause the
  name or address to be inserted, in the lease at the time of the
  lease's execution or at any other time agreeable to the lessee or
  the lessee's successors or assigns. (Tex. Prob. Code, Secs.
  847(h), (i).)
         Sec. 1160.057.  MAKING OF LEASE ON GRANTING OF APPLICATION.
  (a)  If on the hearing of a lease application filed under Section
  1160.052 the court grants the application, the guardian of the
  estate may make the lease, as evidenced by the exhibit copies, in
  accordance with the order.
         (b)  The lease must be made not later than the 30th day after
  the date of the order unless an extension is granted by the court on
  a sworn application showing good cause.
         (c)  It is not necessary for the judge to make an order
  confirming the lease. (Tex. Prob. Code, Sec. 847(j) (part).)
         Sec. 1160.058.  BOND REQUIREMENTS. (a) Unless the guardian
  of the estate is not required to give a general bond, a lease for
  which a cash consideration is required, although ordered, executed,
  and delivered, is not valid:
               (1)  unless the order authorizing the lease makes a
  finding with respect to the general bond; and
               (2)  if the general bond has been found insufficient,
  until:
                     (A)  the bond has been increased or an additional
  bond given with the sureties required by law, as required by the
  order; and
                     (B)  the increased or additional bond has been
  approved by the judge and filed with the clerk of the court in which
  the proceeding is pending.
         (b)  If two or more leases of different land are authorized
  by the same order, the general bond shall be increased or additional
  bonds given to cover all of the leases. (Tex. Prob. Code, Sec.
  847(j) (part).)
         Sec. 1160.059.  TERM OF LEASE BINDING.  A lease executed and
  delivered in compliance with this subchapter is valid and binding
  on the property or interest owned by the estate and covered by the
  lease for the full term provided by the lease, subject only to the
  lease's terms and conditions, even if the primary term extends
  beyond the date the estate is closed in accordance with law.  For
  the lease to be valid and binding under this subchapter, the
  authorized primary term of the lease may not exceed five years,
  subject to the lease terms and provisions extending the lease
  beyond the primary term by:
               (1)  paying production;
               (2)  bona fide drilling or reworking operations,
  whether in or on the same well or wells or an additional well or
  wells without a cessation of operations of more than 60 consecutive
  days before production has been restored or obtained; or
               (3)  a shut-in gas well. (Tex. Prob. Code, Sec.
  847(k).)
         Sec. 1160.060.  AMENDMENT OF LEASE REGARDING EFFECT OF
  SHUT-IN GAS WELL. (a)  An oil, gas, and mineral lease executed by a
  guardian of an estate under this chapter or former Chapter XIII,
  Texas Probate Code, may be amended by an instrument that provides
  that a shut-in gas well on the land covered by the lease or on land
  pooled with all or part of the land covered by the lease continues
  the lease in effect after the lease's five-year primary term.
         (b)  The guardian of the estate, with court approval, shall
  execute the instrument according to the terms and conditions
  prescribed in the instrument. (Tex. Prob. Code, Sec. 847(m).)
  [Sections 1160.061-1160.100 reserved for expansion]
  SUBCHAPTER C. MINERAL LEASES AT PRIVATE SALE
         Sec. 1160.101.  AUTHORIZATION FOR LEASING OF MINERALS AT
  PRIVATE SALE. (a)  Notwithstanding the mandatory requirements for
  setting a time and place for hearing a lease application under
  Subchapter B and the issuance, service, and return of notice, the
  court may authorize the making of oil, gas, and mineral leases at a
  private sale without public notice or advertising if, in the
  court's opinion, facts are set out in the application sufficient to
  show that it would be more advantageous to the estate that a lease
  be made privately and without compliance with those mandatory
  requirements.
         (b)  Leases authorized under this subchapter may include
  pooling provisions or unitization clauses as in other cases. (Tex.
  Prob. Code, Sec. 848(a).)
         Sec. 1160.102.  ACTION OF COURT IF PUBLIC ADVERTISING NOT
  REQUIRED. (a)  At any time after the fifth day and before the 11th
  day after the filing date of an application to lease at a private
  sale and without an order setting the hearing time and place, the
  court shall:
               (1)  hear the application;
               (2)  inquire into the manner in which the proposed
  lease has been or will be made; and
               (3)  hear evidence for or against the application.
         (b)  If the court is satisfied that the lease has been or will
  be made for a fair and sufficient consideration and on fair terms
  and has been or will be properly made in conformity with law, the
  court shall enter an order authorizing the execution of the lease
  without the necessity of advertising, notice, or citation. The
  order must comply in all other respects with the requirements
  essential to the validity of mineral leases set out in Subchapter B
  as if advertising or notice were required.
         (c)  An order that confirms a lease made at a private sale
  does not need to be issued. A lease made at a private sale is not
  valid until any increased or additional bond required by the court
  has been approved by the court and filed with the court clerk.
  (Tex. Prob. Code, Sec. 848(b).)
  [Sections 1160.103-1160.150 reserved for expansion]
  SUBCHAPTER D. POOLING OR UNITIZATION OF ROYALTIES OR MINERALS
         Sec. 1160.151.  AUTHORIZATION FOR POOLING OR UNITIZATION.
  (a)  If an existing lease on property owned by an estate being
  administered does not adequately provide for pooling or
  unitization, the court in which the proceeding is pending may, in
  the manner provided by this subchapter, authorize the commitment of
  royalty or mineral interests in oil, liquid hydrocarbons, gas,
  gaseous elements, and other minerals or any one or more of them
  owned by the estate to agreements that provide for the operation of
  areas as a pool or unit for the exploration for, development of, and
  production of all of those minerals, if the court finds that:
               (1)  the pool or unit to which the agreement relates
  will be operated in a manner that protects correlative rights or
  prevents the physical or economic waste of oil, liquid
  hydrocarbons, gas, gaseous elements, or other minerals subject to
  the agreement; and
               (2)  it is in the best interests of the estate to
  execute the agreement.
         (b)  An agreement authorized under Subsection (a) may
  provide that:
               (1)  operations incident to the drilling of or
  production from a well on any portion of a pool or unit are
  considered for all purposes to be the conduct of operations on or
  production from each separately owned tract in the pool or unit;
               (2)  any lease covering any part of the area committed
  to a pool or unit continues in effect in its entirety as long as:
                     (A)  oil, gas, or other minerals subject to the
  agreement are produced in paying quantities from any part of the
  pooled or unitized area;
                     (B)  operations are conducted as provided in the
  lease on any part of the pooled or unitized area; or
                     (C)  there is a shut-in gas well on any part of the
  pooled or unitized area, if the presence of the shut-in gas well is
  a ground for continuation of the lease under the terms of the lease;
               (3)  the production allocated by the agreement to each
  tract included in a pool or unit shall, when produced, be considered
  for all purposes to have been produced from the tract by a well
  drilled on the tract;
               (4)  the royalties provided for on production from any
  tract or portion of a tract within the pool or unit shall be paid
  only on that portion of the production allocated to the tract in
  accordance with the agreement;
               (5)  the dry gas, before or after extraction of
  hydrocarbons, may be returned to a formation underlying any land or
  leases committed to the agreement, and that royalties are not
  required to be paid on the gas returned; and
               (6)  gas obtained from other sources or another tract
  of land may be injected into a formation underlying any land or
  lease committed to the agreement, and that royalties are not
  required to be paid on the gas injected when the gas is produced
  from the unit. (Tex. Prob. Code, Secs. 849(a), (b).)
         Sec. 1160.152.  POOLING OR UNITIZATION APPLICATION. (a)  
  The guardian of the estate shall file with the county clerk of the
  county in which the guardianship proceeding is pending a written
  application for authority to:
               (1)  enter into a pooling or unitization agreement
  supplementing, amending, or otherwise relating to any existing
  lease covering property owned by the estate; or
               (2)  commit royalties or other interests in minerals,
  whether or not subject to a lease, to a pooling or unitization
  agreement.
         (b)  The pooling or unitization application must also:
               (1)  sufficiently describe the property as required in
  an original lease application;
               (2)  describe briefly the lease to which the interest
  of the estate is subject; and
               (3)  set out the reasons the proposed agreement
  concerning the property should be entered into.
         (c)  A copy of the proposed agreement must be attached to the
  pooling or unitization application and made a part of the
  application by reference.
         (d)  The agreement may not be recorded in the judge's
  guardianship docket.
         (e)  Immediately after the pooling or unitization
  application is filed, the clerk shall call the application to the
  judge's attention. (Tex. Prob. Code, Sec. 849(c).)
         Sec. 1160.153.  NOTICE NOT REQUIRED. Notice by advertising,
  citation, or otherwise of the filing of a pooling or unitization
  application under Section 1160.152 is not required. (Tex. Prob.
  Code, Sec. 849(d).)
         Sec. 1160.154.  HEARING ON APPLICATION. (a)  The judge may
  hold a hearing on a pooling or unitization application filed under
  Section 1160.152 at any time agreeable to the parties to the
  proposed agreement.
         (b)  The judge shall hear evidence and determine to the
  judge's satisfaction whether it is in the best interests of the
  estate that the proposed agreement be authorized.
         (c)  The hearing may be continued from day to day and from
  time to time as the court finds necessary. (Tex. Prob. Code, Sec.
  849(e).)
         Sec. 1160.155.  ACTION OF COURT AND CONTENTS OF ORDER. (a)  
  The court shall enter an order setting out the court's findings and
  authorizing execution of the proposed pooling or unitization
  agreement, with or without payment of cash consideration according
  to the agreement, if the court finds that:
               (1)  the pool or unit to which the agreement relates
  will be operated in a manner that protects correlative rights or
  prevents the physical or economic waste of oil, liquid
  hydrocarbons, gas, gaseous elements, or other minerals subject to
  the pool or unit;
               (2)  it is in the best interests of the estate that the
  agreement be executed; and
               (3)  the agreement conforms substantially with the
  permissible provisions of Section 1160.151.
         (b)  If cash consideration is to be paid for the pooling or
  unitization agreement, the court shall make a finding as to the
  necessity of increased or additional bond as a finding is made in
  the making of leases on payment of the cash bonus for the lease. The
  agreement is not valid until any required increased or additional
  bond has been approved by the judge and filed with the clerk.
         (c)  If the effective date of the pooling or unitization
  agreement is not stipulated in the agreement, the effective date of
  the agreement is the date of the court's order. (Tex. Prob. Code,
  Sec. 849(f).)
  [Sections 1160.156-1160.200 reserved for expansion]
  SUBCHAPTER E. SPECIAL ANCILLARY INSTRUMENTS THAT MAY BE EXECUTED
  WITHOUT COURT ORDER
         Sec. 1160.201.  AUTHORIZATION FOR EXECUTION OF CERTAIN
  INSTRUMENTS. As to any mineral lease or pooling or unitization
  agreement, executed on behalf of an estate before September 1,
  1993, pursuant to provisions, or executed by a former owner of land,
  minerals, or royalty affected by the lease or agreement, the
  guardian of the estate being administered, without further court
  order and without consideration, may execute:
               (1)  division orders;
               (2)  transfer orders;
               (3)  instruments of correction;
               (4)  instruments designating depository banks for the
  receipt of delay rentals or shut-in gas well royalty to accrue or
  become payable under the terms of the lease; or
               (5)  similar instruments relating to the lease or
  agreement and the property covered by the lease or agreement. (Tex.
  Prob. Code, Sec. 850.)
  [Sections 1160.202-1160.250 reserved for expansion]
  SUBCHAPTER F. PROCEDURE IF GUARDIAN OF ESTATE NEGLECTS TO APPLY FOR
  AUTHORITY
         Sec. 1160.251.  APPLICATION TO SHOW CAUSE. If a guardian of
  an estate neglects to apply for authority to subject estate
  property to a lease for mineral development, pooling, or
  unitization, or authority to commit royalty or another interest in
  minerals to pooling or unitization, any person interested in the
  estate may, on written application filed with the county clerk,
  have the guardian cited to show cause why it is not in the best
  interests of the estate to make the lease or enter into an
  agreement. (Tex. Prob. Code, Sec. 851 (part).)
         Sec. 1160.252.  HEARING ON APPLICATION. (a) The county
  clerk shall immediately call the filing of an application under
  Section 1160.251 to the attention of the judge of the court in which
  the guardianship proceeding is pending.
         (b)  The judge shall set a time and place for a hearing on the
  application, and the guardian of the estate shall be cited to appear
  and show cause why the execution of a lease or agreement described
  by Section 1160.251 should not be ordered. (Tex. Prob. Code, Sec.
  851 (part).)
         Sec. 1160.253.  ORDER. On a hearing conducted under Section
  1160.252 and if satisfied from the evidence that it would be in the
  best interests of the estate, the court shall enter an order
  requiring the guardian of the estate to file an application to
  subject the estate property to a lease for mineral development,
  with or without pooling or unitization provisions, or to commit
  royalty or other minerals to pooling or unitization, as
  appropriate. (Tex. Prob. Code, Sec. 851 (part).)
         Sec. 1160.254.  PROCEDURE TO BE FOLLOWED AFTER ENTRY OF
  ORDER. After entry of an order under Section 1160.253, the
  procedures prescribed with respect to an original lease
  application, or with respect to an original application for
  authority to commit royalty or minerals to pooling or unitization, shall be followed. (Tex. Prob. Code, Sec. 851 (part).)
 
  CHAPTER 1161. INVESTMENTS AND LOANS OF ESTATES OF WARDS
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 1161.001.  GUARDIAN'S DUTY TO KEEP ESTATE INVESTED 
  Sec. 1161.002.  STANDARD FOR MANAGEMENT AND INVESTMENT
                   OF ESTATE 
  Sec. 1161.003.  INVESTMENTS THAT MEET STANDARD FOR
                   INVESTMENT 
  Sec. 1161.004.  RESTRICTIONS ON INVESTMENT IN CERTAIN
                   BONDS 
  Sec. 1161.005.  MODIFICATION OR ELIMINATION OF DUTY OR
                   STANDARD 
  Sec. 1161.006.  RETENTION OF CERTAIN ASSETS 
  Sec. 1161.007.  HEARING TO PROTECT ESTATE 
  Sec. 1161.008.  LIABILITY OF GUARDIAN AND GUARDIAN'S
                   SURETY 
  [Sections 1161.009-1161.050 reserved for expansion]
  SUBCHAPTER B.  PROCEDURE FOR MAKING INVESTMENTS OR LOANS OR
  RETAINING ESTATE ASSETS
  Sec. 1161.051.  PROCEDURE IN GENERAL 
  Sec. 1161.052.  COURT ACTION 
  Sec. 1161.053.  APPLICABILITY OF PROCEDURE TO CERTAIN
                   ASSETS 
  Sec. 1161.054.  INAPPLICABILITY OF PROCEDURE TO CERTAIN
                   ASSETS 
  [Sections 1161.055-1161.100 reserved for expansion]
  SUBCHAPTER C.  INVESTMENTS IN CERTAIN INSURANCE OR ANNUITIES
  Sec. 1161.101.  DEFINITION 
  Sec. 1161.102.  AUTHORITY TO INVEST IN CERTAIN
                   INSURANCE OR ANNUITIES 
  Sec. 1161.103.  INVESTMENT REQUIREMENTS 
  Sec. 1161.104.  PROCEDURE FOR INVESTING IN INSURANCE OR
                   ANNUITIES 
  Sec. 1161.105.  CONTINUATION OF PREEXISTING POLICIES OR
                   ANNUITIES 
  Sec. 1161.106.  CONTROL AND OWNERSHIP OF POLICIES OR
                   ANNUITIES 
  [Sections 1161.107-1161.150 reserved for expansion]
  SUBCHAPTER D.  INVESTMENTS IN REAL ESTATE
  Sec. 1161.151.  AUTHORITY TO INVEST IN REAL ESTATE;
                   PROCEDURE AND REQUIREMENTS 
  Sec. 1161.152.  COURT AUTHORIZATION TO MAKE INVESTMENTS 
  Sec. 1161.153.  COURT APPROVAL OF CONTRACTS REQUIRED 
  [Sections 1161.154-1161.200 reserved for expansion]
  SUBCHAPTER E.  LOANS AND SECURITY FOR LOANS
  Sec. 1161.201.  INAPPLICABILITY OF SUBCHAPTER 
  Sec. 1161.202.  AUTHORITY TO MAKE LOANS 
  Sec. 1161.203.  LOAN REQUIREMENTS 
  Sec. 1161.204.  GUARDIAN'S DUTY TO REPORT LOAN TO COURT 
  Sec. 1161.205.  GUARDIAN'S LIABILITY 
  CHAPTER 1161. INVESTMENTS AND LOANS OF ESTATES OF WARDS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 1161.001.  GUARDIAN'S DUTY TO KEEP ESTATE INVESTED.
  (a)  The guardian of the estate shall invest any funds and assets of
  a ward's estate available for investment except:
               (1)  if the court orders otherwise under this chapter;
  or
               (2)  as provided by Subsection (b).
         (b)  The guardian of the estate is not required to invest
  funds that are immediately necessary for the education, support,
  and maintenance of the ward or any others the ward supports as
  provided by this title. (Tex. Prob. Code, Sec. 854(a).)
         Sec. 1161.002.  STANDARD FOR MANAGEMENT AND INVESTMENT OF
  ESTATE. (a) In acquiring, investing, reinvesting, exchanging,
  retaining, selling, supervising, and managing a ward's estate, a
  guardian of the estate shall exercise the judgment and care under
  the circumstances then prevailing that a person of ordinary
  prudence, discretion, and intelligence exercises in the management
  of the person's own affairs, considering the probable income from,
  probable increase in value of, and safety of the person's capital.
  The guardian shall also consider all other relevant factors,
  including:
               (1)  the anticipated costs of supporting the ward;
               (2)  the ward's age, education, current income, ability
  to earn additional income, net worth, and liabilities;
               (3)  the nature of the ward's estate; and
               (4)  any other resources reasonably available to the
  ward.
         (b)  In determining whether a guardian of the estate has
  exercised the standard of investment required by this section with
  respect to an investment decision, the court shall, absent fraud or
  gross negligence, consider the investment of all the estate assets
  over which the guardian has management or control, rather than
  considering the prudence of only a single investment made by the
  guardian.  (Tex. Prob. Code, Secs. 855(a), (a-1).)
         Sec. 1161.003.  INVESTMENTS THAT MEET STANDARD FOR
  INVESTMENT. A guardian of the estate is considered to have
  exercised the standard required by Section 1161.002(a) with respect
  to investing the ward's estate if the guardian invests in the
  following:
               (1)  bonds or other obligations of the United States;
               (2)  tax-supported bonds of this state;
               (3)  except as limited by Sections 1161.004(b) and (c),
  tax-supported bonds of a county, district, political subdivision,
  or municipality in this state;
               (4)  if the payment of the shares or share accounts is
  insured by the Federal Deposit Insurance Corporation, shares or
  share accounts of:
                     (A)  a state savings and loan association or
  savings bank that has its main office or a branch office in this
  state; or
                     (B)  a federal savings and loan association or
  savings bank that has its main office or a branch office in this
  state;
               (5)  collateral bonds that:
                     (A)  are issued by a company incorporated under
  the laws of this state that has a paid-in capital of $1 million or
  more;
                     (B)  are a direct obligation of the company; and
                     (C)  are specifically secured by first mortgage
  real estate notes or other securities pledged with a trustee; or
               (6)  interest-bearing time deposits that may be
  withdrawn on or before one year after demand in a bank that does
  business in this state, if the payment of the time deposits is
  insured by the Federal Deposit Insurance Corporation. (Tex. Prob.
  Code, Sec. 855(b).)
         Sec. 1161.004.  RESTRICTIONS ON INVESTMENT IN CERTAIN BONDS.
  (a) In this section, "net funded debt" means the total funded debt
  less sinking funds on hand.
         (b)  A guardian of the estate may purchase the bonds of a
  county, district, or political subdivision other than a
  municipality only if the net funded debt of the county, district, or
  political subdivision that issues the bonds does not exceed 10
  percent of the assessed value of taxable property in the county,
  district, or political subdivision.
         (c)  A guardian of the estate may purchase the bonds of a
  municipality only if the net funded debt of the municipality does
  not exceed 10 percent of the assessed value of taxable property in
  the municipality less that part of the debt incurred for
  acquisition or improvement of revenue-producing utilities, the
  revenue of which is not pledged to support other obligations of the
  municipality.
         (d)  Subsections (b) and (c) do not apply to bonds issued for
  road purposes in this state under Section 52, Article III, Texas
  Constitution, that are supported by a tax unlimited as to rate or
  amount. (Tex. Prob. Code, Secs. 855(c), (d), (e), (f).)
         Sec. 1161.005.  MODIFICATION OR ELIMINATION OF DUTY OR
  STANDARD. On a showing by clear and convincing evidence that the
  action is in the best interests of the ward and the ward's estate,
  the court may modify or eliminate:
               (1)  the duty of the guardian of the estate to keep the
  estate invested; or
               (2)  the standard required by Section 1161.002(a) with
  regard to investments of estate assets. (Tex. Prob. Code, Sec.
  855(g).)
         Sec. 1161.006.  RETENTION OF CERTAIN ASSETS. (a)  Without
  court approval a guardian of the estate may retain until the first
  anniversary of the date of receipt any property received into the
  guardianship estate at the estate's inception or added to the
  estate by gift, devise, inheritance, mutation, or increase, without
  regard to diversification of investments and without liability for
  any depreciation or loss resulting from the retention.
         (b)  The guardian shall care for and manage the retained
  assets as a person of ordinary prudence, discretion, and
  intelligence would in caring for and managing the person's own
  affairs.
         (c)  On application and a hearing, the court may issue an
  order authorizing the guardian to continue retaining the property
  after the period prescribed by Subsection (a) if the retention is an
  element of the guardian's investment plan as provided by Subchapter
  B. (Tex. Prob. Code, Sec. 855A.)
         Sec. 1161.007.  HEARING TO PROTECT ESTATE. (a) The court
  may, on the court's own motion or on written request of a person
  interested in the guardianship, cite the guardian of the estate to
  appear and show cause why the estate is not invested or not properly
  invested.
         (b)  Except as provided by Subsection (d), at any time after
  giving notice to all parties, the court may conduct a hearing to
  protect the estate.
         (c)  On the hearing of the court's motion or a request made
  under this section, the court shall issue an order the court
  considers to be in the ward's best interests.
         (d)  The court may not hold a final hearing on whether the
  estate is properly invested until the 31st day after the date the
  guardian is originally cited to appear under Subsection (a).
         (e)  The court may appoint a guardian ad litem for the
  limited purpose of representing the ward's best interests with
  respect to the investment of the ward's property at a hearing under
  this section. (Tex. Prob. Code, Secs. 854(b), (c).)
         Sec. 1161.008.  LIABILITY OF GUARDIAN AND GUARDIAN'S SURETY.
  (a)  In addition to any other remedy authorized by law, if the
  guardian of the estate fails to invest or lend estate assets in the
  manner provided by this chapter, the guardian and the guardian's
  surety are liable for the principal and the greater of:
               (1)  the highest legal rate of interest on the
  principal during the period the guardian failed to invest or lend
  the assets; or
               (2)  the overall return that would have been made on the
  principal if the principal were invested in the manner provided by
  this chapter.
         (b)  In addition to the liability under Subsection (a), the
  guardian and the guardian's surety are liable for attorney's fees,
  litigation expenses, and costs related to a proceeding brought to
  enforce this section. (Tex. Prob. Code, Sec. 863.)
  [Sections 1161.009-1161.050 reserved for expansion]
  SUBCHAPTER B.  PROCEDURE FOR MAKING INVESTMENTS OR LOANS OR
  RETAINING ESTATE ASSETS
         Sec. 1161.051.  PROCEDURE IN GENERAL. (a)  Not later than
  the 180th day after the date the guardian of the estate qualifies as
  guardian or another date specified by the court, the guardian
  shall:
               (1)  invest estate assets according to Section
  1161.003; or
               (2)  file a written application with the court for an
  order:
                     (A)  authorizing the guardian to:
                           (i)  develop and implement an investment
  plan for estate assets;
                           (ii)  invest in or sell securities under an
  investment plan developed under Subparagraph (i);
                           (iii)  declare that one or more estate
  assets must be retained, despite being underproductive with respect
  to income or overall return; or
                           (iv)  loan estate funds, invest in real
  estate or make other investments, or purchase a life, term, or
  endowment insurance policy or an annuity contract; or
                     (B)  modifying or eliminating the guardian's duty
  to invest the estate.
         (b)  The court may approve an investment plan under
  Subsection (a)(2) without a hearing. (Tex. Prob. Code, Secs.
  855B(a), (a-1).)
         Sec. 1161.052.  COURT ACTION. (a) If the court determines
  that the action requested in the application is in the best
  interests of the ward and the ward's estate, the court shall issue
  an order:
               (1)  granting the authority requested in the
  application; or
               (2)  modifying or eliminating the guardian's duty to
  keep the estate invested.
         (b)  An order under Subsection (a) must state in reasonably
  specific terms:
               (1)  the nature of the investment, investment plan, or
  other action requested in the application and authorized by the
  court, including any authority to invest in and sell securities in
  accordance with the investment plan's objectives;
               (2)  when an investment must be reviewed and
  reconsidered by the guardian;  and
               (3)  whether the guardian must report the guardian's
  review and recommendations to the court.
         (c)  A citation or notice is not necessary to invest in or
  sell securities under an investment plan authorized by the court
  under this section. (Tex. Prob. Code, Secs. 855B(b), (e).)
         Sec. 1161.053.  APPLICABILITY OF PROCEDURE TO CERTAIN
  ASSETS.  The fact that an account or other asset is the subject of a
  specific or general gift under a ward's will, if any, or that a ward
  has funds, securities, or other property held with a right of
  survivorship does not prevent:
               (1)  the guardian of the estate from taking possession
  and control of the asset or closing the account; or
               (2)  the court from authorizing an action or modifying
  or eliminating a duty with respect to the possession, control, or
  investment of the account or other asset. (Tex. Prob. Code, Sec.
  855B(c).)
         Sec. 1161.054.  INAPPLICABILITY OF PROCEDURE TO CERTAIN
  ASSETS.  (a) The procedure prescribed by this subchapter does not
  apply if a different procedure is prescribed for an investment or
  sale by a guardian.
         (b)  A guardian of the estate is not required to follow the
  procedure prescribed by this subchapter with respect to an
  investment or sale that is specifically authorized by other law.
  (Tex. Prob. Code, Sec. 855B(d).)
  [Sections 1161.055-1161.100 reserved for expansion]
  SUBCHAPTER C.  INVESTMENTS IN CERTAIN INSURANCE OR ANNUITIES
         Sec. 1161.101.  DEFINITION. In this subchapter, "authorized
  life insurance company" means a stock or mutual legal reserve life
  insurance company that:
               (1)  is licensed by the Texas Department of Insurance
  to transact the business of life insurance in this state; and
               (2)  maintains the legal reserve required by the laws
  of this state. (Tex. Prob. Code, Sec. 857(a).)
         Sec. 1161.102.  AUTHORITY TO INVEST IN CERTAIN INSURANCE OR
  ANNUITIES. Subject to this subchapter, the guardian of the estate
  may invest in life, term, or endowment insurance policies, in
  annuity contracts, or in both, issued by an authorized life
  insurance company or administered by the Department of Veterans
  Affairs.  (Tex. Prob. Code, Sec. 857(b).)
         Sec. 1161.103.  INVESTMENT REQUIREMENTS. (a) An insurance
  policy in which the guardian of the estate invests must be issued on
  the life of:
               (1)  the ward;
               (2)  the ward's parent, spouse, child, sibling, or
  grandparent; or
               (3)  another person in whose life the ward may have an
  insurable interest.
         (b)  The ward must be the annuitant in the annuity contract
  in which the guardian of the estate invests.
         (c)  Only the ward, the ward's estate, or the ward's parent,
  spouse, child, sibling, or grandparent may be a beneficiary of the
  insurance policy or of the death benefit of the annuity contract.
         (d)  The insurance policy or annuity contract may not be
  amended or changed during the ward's life and disability, except on
  application to and order of the court.  (Tex. Prob. Code, Secs.
  857(d), (e), (g).)
         Sec. 1161.104.  PROCEDURE FOR INVESTING IN INSURANCE OR
  ANNUITIES. (a) Before the guardian of the estate may invest in
  life, term, or endowment insurance policies, in annuity contracts,
  or in both, the guardian must first apply to the court for an order
  that authorizes the investment.
         (b)  The application must include a report that shows:
               (1)  in detail the estate's financial condition on the
  date the application is filed;
               (2)  the name and address of the authorized life
  insurance company from which the insurance policy or annuity
  contract is to be purchased and that:
                     (A)  the company is licensed by the Texas
  Department of Insurance to transact that business in this state on
  the date the application is filed; or
                     (B)  the policy or contract is administered by the
  Department of Veterans Affairs;
               (3)  a statement of:
                     (A)  the face amount and plan of the insurance
  policy sought to be purchased; and
                     (B)  the amount, frequency, and duration of the
  annuity payments to be provided by the annuity contract sought to be
  purchased;
               (4)  a statement of the amount, frequency, and duration
  of the premiums required by the insurance policy or annuity
  contract; and
               (5)  a statement of the cash value of the insurance
  policy or annuity contract at the policy's or contract's
  anniversary nearest the ward's 21st birthday, assuming that all
  premiums to the anniversary are paid and that there is no
  indebtedness against the policy or contract incurred in accordance
  with its terms.
         (c)  If satisfied by the application and the evidence
  presented at the hearing that it is in the ward's interests to grant
  the application, the court shall enter an order granting the
  application. (Tex. Prob. Code, Secs. 857(c), (i).)
         Sec. 1161.105.  CONTINUATION OF PREEXISTING POLICIES OR
  ANNUITIES. (a) A life, term, or endowment insurance policy or an
  annuity contract owned by the ward when a proceeding for the
  appointment of a guardian of the estate is commenced may be
  continued in full effect if it is shown that:
               (1)  the company issuing the policy or contract is an
  authorized life insurance company; or
               (2)  the policy or contract is administered by the
  Department of Veterans Affairs.
         (b)  All future premiums for an insurance policy or annuity
  contract described by Subsection (a) may be paid out of surplus
  funds of the ward's estate.
         (c)  The guardian of the estate must apply to the court for an
  order to:
               (1)  continue the policy, the contract, or both
  according to the existing terms of the policy or contract; or
               (2)  modify the policy or contract to fit any new
  developments affecting the ward's welfare.
         (d)  Before the court grants an application filed under
  Subsection (c), the guardian must file a report in the court that
  shows in detail the financial condition of the ward's estate on the
  date the application is filed. (Tex. Prob. Code, Sec. 857(h).)
         Sec. 1161.106.  CONTROL AND OWNERSHIP OF POLICIES OR
  ANNUITIES. (a)  Control of an insurance policy or an annuity
  contract and of the incidents of ownership in the policy or contract
  is vested in the guardian of the estate during the ward's life and
  disability.
         (b)  A right, benefit, or interest that accrues under an
  insurance policy or annuity contract subject to this subchapter
  becomes the ward's exclusive property when the ward's disability is
  terminated. (Tex. Prob. Code, Secs. 857(f), (j).)
  [Sections 1161.107-1161.150 reserved for expansion]
  SUBCHAPTER D.  INVESTMENTS IN REAL ESTATE
         Sec. 1161.151.  AUTHORITY TO INVEST IN REAL ESTATE;
  PROCEDURE AND REQUIREMENTS. (a) The guardian of the estate may
  invest estate assets in real estate if:
               (1)  the guardian believes that the investment is in
  the ward's best interests;
               (2)  there are on hand sufficient additional assets to
  provide a return sufficient to provide for:
                     (A)  the education, support, and maintenance of
  the ward and others the ward supports, if applicable; and
                     (B)  the maintenance, insurance, and taxes on the
  real estate in which the guardian wishes to invest;
               (3)  the guardian files a written application with the
  court requesting a court order authorizing the guardian to make the
  desired investment and stating the reasons why, in the guardian's
  opinion, the investment would be for the ward's benefit; and
               (4)  the court issues an order authorizing the
  investment as provided by this subchapter.
         (b)  If the ward's money is invested in real estate, the
  title to the real estate shall be made to the ward.  The guardian
  shall inventory, appraise, manage, and account for the real estate
  as the guardian does with other real estate of the ward.  (Tex.
  Prob. Code, Secs. 860(a), (d).)
         Sec. 1161.152.  COURT AUTHORIZATION TO MAKE INVESTMENTS.
  (a)  If the guardian of the estate files an application under this
  subchapter, the judge shall investigate as necessary to obtain all
  the facts concerning the investment.
         (b)  Subject to Subsection (c), on the hearing of the
  application, the court shall issue an order that authorizes the
  guardian to make the investment if the court is satisfied that the
  investment benefits the ward. The order must specify the
  investment to be made and contain other directions the court
  considers advisable.
         (c)  The judge may not issue an opinion or order on the
  application until after the 10th day after the date the application
  is filed. (Tex. Prob. Code, Sec. 860(b).)
         Sec. 1161.153.  COURT APPROVAL OF CONTRACTS REQUIRED. (a)
  If a contract is made for the investment of money in real estate
  under a court order, the guardian of the estate shall report the
  contract in writing to the court.
         (b)  The court shall inquire fully into the contract. If
  satisfied that the investment will benefit the ward's estate and
  that the title of the real estate is valid and unencumbered, the
  court may approve the contract and authorize the guardian to pay
  money in performance of the contract.
         (c)  The guardian may not pay any money on the contract until
  the contract is approved by a court order to that effect. (Tex.
  Prob. Code, Sec. 860(c).)
  [Sections 1161.154-1161.200 reserved for expansion]
  SUBCHAPTER E.  LOANS AND SECURITY FOR LOANS
         Sec. 1161.201.  INAPPLICABILITY OF SUBCHAPTER. This
  subchapter does not apply to an investment in a debenture, bond, or
  other publicly traded debt security. (Tex. Prob. Code, Sec.
  858(h).)
         Sec. 1161.202.  AUTHORITY TO MAKE LOANS. (a)  If, at any
  time, the guardian of the estate has on hand money belonging to the
  ward in an amount that provides a return that is more than is
  necessary for the education, support, and maintenance of the ward
  and others the ward supports, if applicable, the guardian may lend
  the money for a reasonable interest rate.
         (b)  The guardian of the estate is considered to have
  obtained a reasonable interest rate for a loan for purposes of
  Subsection (a) if the interest rate is at least equal to 120 percent
  of the applicable short-term, midterm, or long-term interest rate
  under Section 7520, Internal Revenue Code of 1986, for the month
  during which the loan was made. (Tex. Prob. Code, Secs. 858(a)
  (part), (b).)
         Sec. 1161.203.  LOAN REQUIREMENTS. (a) Except as provided
  by Subsection (b), the guardian of the estate shall take as
  collateral the borrower's note for the money that is loaned,
  secured by:
               (1)  a mortgage with a power of sale on unencumbered
  real estate located in this state worth at least twice the amount of
  the note; or
               (2)  collateral notes secured by vendor's lien notes.
         (b)  The guardian may purchase vendor's lien notes if at
  least one-half has been paid in cash or its equivalent on the land
  for which the notes were given.
         (c)  Except as provided by Subsection (d), a guardian of the
  estate who lends estate money may not pay or transfer any money to
  consummate the loan until the guardian:
               (1)  submits to a reputable attorney for examination
  all bonds, notes, mortgages, abstracts, and other documents
  relating to the loan; and
               (2)  receives a written opinion from the attorney
  stating that the documents under Subdivision (1) are regular and
  that the title to relevant bonds, notes, or real estate is clear.
         (d)  A guardian of the estate may obtain a mortgagee's title
  insurance policy on any real estate loan instead of an abstract and
  attorney's opinion under Subsection (c).
         (e)  The borrower shall pay attorney's fees for any legal
  services required by Subsection (c). (Tex. Prob. Code, Secs.
  858(a) (part), (d), (e), (f), 861.)
         Sec. 1161.204.  GUARDIAN'S DUTY TO REPORT LOAN TO COURT.  (a)  
  Not later than the 30th day after the date the guardian of the
  estate loans money from the estate, the guardian shall file with the
  court a written report, accompanied and verified by an affidavit,
  stating fully the facts related to the loan.
         (b)  This section does not apply to a loan made in accordance
  with a court order.  (Tex. Prob. Code, Secs. 858(g), 862.)
         Sec. 1161.205.  GUARDIAN'S LIABILITY. (a) Except as
  provided by Subsection (b), a guardian of the estate who loans
  estate money with the court's approval on security approved by the
  court is not personally liable if the borrower is unable to repay
  the money and the security fails.
         (b)  If the guardian committed fraud or was negligent in
  making or managing the loan, including in collecting the loan, the
  guardian and the guardian's surety are liable for the loss
  sustained by the guardianship estate as a result of the fraud or negligence. (Tex. Prob. Code, Sec. 858(c).)
 
  CHAPTER 1162. TAX-MOTIVATED AND CHARITABLE AND NONPROFIT GIFTS
  SUBCHAPTER A. TAX-MOTIVATED GIFTS
  Sec. 1162.001.  AUTHORITY TO ESTABLISH ESTATE PLAN 
  Sec. 1162.002.  ESTATE PLAN: CONTENTS AND MODIFICATION 
  Sec. 1162.003.  NOTICE OF APPLICATION FOR ESTABLISHMENT
                   OF ESTATE PLAN 
  Sec. 1162.004.  AUTHORITY TO MAKE PERIODIC GIFTS 
  Sec. 1162.005.  APPLICATION FOR INSPECTION OF CERTAIN
                   DOCUMENTS 
  Sec. 1162.006.  NOTICE OF APPLICATION FOR INSPECTION 
  Sec. 1162.007.  HEARING ON APPLICATION FOR INSPECTION;
                   INSPECTION 
  Sec. 1162.008.  GUARDIAN AD LITEM 
  [Sections 1162.009-1162.050 reserved for expansion]
  SUBCHAPTER B. CHARITABLE AND NONPROFIT GIFTS
  Sec. 1162.051.  APPLICATION TO MAKE GIFT 
  Sec. 1162.052.  HEARING ON APPLICATION TO MAKE GIFT 
  Sec. 1162.053.  ORDER AUTHORIZING GIFT 
  CHAPTER 1162. TAX-MOTIVATED AND CHARITABLE AND NONPROFIT GIFTS
  SUBCHAPTER A. TAX-MOTIVATED GIFTS
         Sec. 1162.001.  AUTHORITY TO ESTABLISH ESTATE PLAN. On
  application of the guardian of the estate or any interested party,
  after the posting of notice and hearing, and on a showing that the
  ward will probably remain incapacitated during the ward's lifetime,
  the court may enter an order that authorizes the guardian to apply
  the principal or income of the ward's estate that is not required
  for the support of the ward or the ward's family during the ward's
  lifetime toward the establishment of an estate plan for the purpose
  of minimizing income, estate, inheritance, or other taxes payable
  out of the ward's estate.  On the ward's behalf, the court may
  authorize the guardian to make gifts, outright or in trust, of the
  ward's personal property or real estate to or for the benefit of:
               (1)  an organization to which charitable contributions
  may be made under the Internal Revenue Code of 1986 and in which it
  is shown the ward would reasonably have an interest;
               (2)  the ward's spouse, descendant, or other person
  related to the ward by blood or marriage who is identifiable at the
  time of the order;
               (3)  a devisee under the ward's last validly executed
  will, trust, or other beneficial instrument, if the instrument
  exists; and
               (4)  a person serving as guardian of the ward, if the
  person is eligible under Subdivision (2) or (3).  (Tex. Prob. Code,
  Sec. 865(a).)
         Sec. 1162.002.  ESTATE PLAN: CONTENTS AND MODIFICATION. (a)
  The person making an application to the court under Section
  1162.001 shall:
               (1)  outline the proposed estate plan; and
               (2)  state all the benefits that are to be derived from
  the estate plan.
         (b)  The application must indicate that the planned
  disposition is consistent with the ward's intentions, if the ward's
  intentions can be ascertained. If the ward's intentions cannot be
  ascertained, the ward will be presumed to favor reduction in the
  incidence of the various forms of taxation and the partial
  distribution of the ward's estate as provided by Sections 1162.001
  and 1162.004.
         (c)  A subsequent modification of an approved estate plan may
  be made by similar application to the court.  (Tex. Prob. Code,
  Secs. 865(b), (d).)
         Sec. 1162.003.  NOTICE OF APPLICATION FOR ESTABLISHMENT OF
  ESTATE PLAN. A person who makes an application to the court under
  Section 1162.001 shall mail notice of the application by certified
  mail to:
               (1)  all devisees under a will, trust, or other
  beneficial instrument relating to the ward's estate;
               (2)  the ward's spouse;
               (3)  the ward's dependents; and
               (4)  any other person as directed by the court. (Tex.
  Prob. Code, Sec. 865(e).)
         Sec. 1162.004.  AUTHORITY TO MAKE PERIODIC GIFTS.  (a)  In an
  order entered under Section 1162.001, the court may authorize the
  guardian to make, without subsequent application to or order of the
  court, gifts as provided by that section on an annual or other
  periodic basis if the court finds it to be in the best interest of
  the ward and the ward's estate.
         (b)  The court, on the court's own motion or on the motion of
  a person interested in the welfare of the ward, may modify or set
  aside an order entered under Subsection (a) if the court finds that
  the ward's financial condition has changed in such a manner that
  authorizing the guardian to make gifts of the estate on a continuing
  basis is no longer in the best interest of the ward and the ward's
  estate. (Tex. Prob. Code, Sec. 865(f).)
         Sec. 1162.005.  APPLICATION FOR INSPECTION OF CERTAIN
  DOCUMENTS. (a) On the filing of an application under Section
  1162.001 and for the purpose of establishing an estate plan under
  that section, the guardian of the ward's estate may apply to the
  court for an order to seek an in camera inspection of a copy of a
  will, codicil, trust, or other estate planning instrument of the
  ward as a means of obtaining access to the instrument.
         (b)  An application filed under this section must:
               (1)  be sworn to by the guardian;
               (2)  list each instrument requested for inspection; and
               (3)  state one or more reasons supporting the necessity
  to inspect each requested instrument for the purpose described by
  Subsection (a). (Tex. Prob. Code, Secs. 865A(a), (b).)
         Sec. 1162.006.  NOTICE OF APPLICATION FOR INSPECTION. (a) A
  person who files an application under Section 1162.005 shall send a
  copy of the application to:
               (1)  each person who has custody of an instrument
  listed in the application;
               (2)  the ward's spouse;
               (3)  the ward's dependents;
               (4)  all devisees under a will, trust, or other
  beneficial instrument relating to the ward's estate; and
               (5)  any other person as directed by the court.
         (b)  Notice required by Subsection (a) must be delivered by:
               (1)  registered or certified mail to a person described
  by Subsection (a)(1); and
               (2)  certified mail to a person described by Subsection
  (a)(2), (3), (4), or (5).  (Tex. Prob. Code, Secs. 865A(c), (d)
  (part).)
         Sec. 1162.007.  HEARING ON APPLICATION FOR INSPECTION;
  INSPECTION. (a) After the 10th day after the date on which the
  applicant complies with the notice requirement under Section
  1162.006, the applicant may request that a hearing be held on the
  application. Notice of the date, time, and place of the hearing
  must be given by the applicant to each person described by Section
  1162.006(a)(1) when the court sets a date for a hearing on the
  application.
         (b)  After the conclusion of a hearing on the application for
  inspection and on a finding that good cause exists for an in camera
  inspection of a requested instrument, the court shall direct the
  person that has custody of the requested will, codicil, trust, or
  other estate planning instrument to deliver a copy of the
  instrument to the court for in camera inspection only. After
  conducting an in camera inspection of the instrument, the court, if
  good cause exists, shall release all or part of the instrument to
  the applicant only for the purpose described by Section
  1162.005(a).
         (c)  An attorney does not violate the attorney-client
  privilege solely by complying with a court order to release an
  instrument subject to this section and Sections 1162.005 and
  1162.006. Notwithstanding Section 22.004, Government Code, the
  supreme court may not amend or adopt rules in conflict with this
  subsection.  (Tex. Prob. Code, Secs. 865A(d) (part), (e), (g).)
         Sec. 1162.008.  GUARDIAN AD LITEM. The court may appoint a
  guardian ad litem for the ward or an interested party at any stage
  of proceedings under this subchapter if it is considered advisable
  for the protection of the ward or the interested party.  (Tex. Prob.
  Code, Secs. 865(c), 865A(f).)
  [Sections 1162.009-1162.050 reserved for expansion]
  SUBCHAPTER B. CHARITABLE AND NONPROFIT GIFTS
         Sec. 1162.051.  APPLICATION TO MAKE GIFT. The guardian of
  the estate may at any time file with the county clerk the guardian's
  sworn, written application requesting from the court in which the
  guardianship is pending an order authorizing the guardian to
  contribute from the income of the ward's estate the specific amount
  of money stated in the application to one or more designated:
               (1)  corporations, trusts, or community chests, funds,
  or foundations, organized and operated exclusively for religious,
  charitable, scientific, literary, or educational purposes; or
               (2)  nonprofit federal, state, county, or municipal
  projects operated exclusively for public health or welfare.  (Tex.
  Prob. Code, Sec. 866(a).)
         Sec. 1162.052.  HEARING ON APPLICATION TO MAKE GIFT. (a)  
  The county clerk shall immediately call the filing of an
  application under Section 1162.051 to the attention of the judge of
  the court.
         (b)  The judge shall designate, by written order filed with
  the clerk, a day to hear the application.  The application must
  remain on file for at least 10 days before the hearing is held.
         (c)  The judge may postpone or continue the hearing from time
  to time until the judge is satisfied concerning the application.  
  (Tex. Prob. Code, Sec. 866(b).)
         Sec. 1162.053.  ORDER AUTHORIZING GIFT. On the conclusion
  of a hearing under Section 1162.052, the court may enter an order
  authorizing the guardian to make a contribution from the income of
  the ward's estate to a particular donee designated in the
  application and order if the court is satisfied and finds from the
  evidence that:
               (1)  the amount of the proposed contribution stated in
  the application will probably not exceed 20 percent of the net
  income of the ward's estate for the current calendar year;
               (2)  the net income of the ward's estate for the current
  calendar year exceeds, or probably will exceed, $25,000;
               (3)  the full amount of the contribution, if made, will
  probably be deductible from the ward's gross income in determining
  the net income of the ward under applicable federal income tax laws
  and rules;
               (4)  the condition of the ward's estate justifies a
  contribution in the proposed amount; and
               (5)  the proposed contribution is reasonable in amount and is for a worthy cause. (Tex. Prob. Code, Sec. 866(c).)
 
  CHAPTER 1163. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
  SUBCHAPTER A. ANNUAL ACCOUNT AND OTHER EXHIBITS BY GUARDIAN OF THE
  ESTATE
  Sec. 1163.001.  INITIAL ANNUAL ACCOUNT OF ESTATE 
  Sec. 1163.002.  ANNUAL ACCOUNT REQUIRED UNTIL ESTATE
                   CLOSED 
  Sec. 1163.003.  SUPPORTING VOUCHERS AND OTHER DOCUMENTS
                   ATTACHED TO ACCOUNT 
  Sec. 1163.004.  METHOD OF PROOF FOR SECURITIES AND
                   OTHER ASSETS 
  Sec. 1163.005.  VERIFICATION OF ACCOUNT AND STATEMENT
                   REGARDING TAXES 
  Sec. 1163.006.  WAIVER OF ACCOUNT FILING 
  [Sections 1163.007-1163.050 reserved for expansion]
  SUBCHAPTER B. ACTION ON ANNUAL ACCOUNT
  Sec. 1163.051.  FILING AND CONSIDERATION OF ANNUAL
                   ACCOUNT 
  Sec. 1163.052.  CORRECTION AND APPROVAL OF ANNUAL
                   ACCOUNT 
  Sec. 1163.053.  ORDER FOR PAYMENT OF CLAIMS IN FULL 
  Sec. 1163.054.  ORDER FOR PRO RATA PAYMENT OF CLAIMS 
  [Sections 1163.055-1163.100 reserved for expansion]
  SUBCHAPTER C.  ANNUAL REPORT BY GUARDIAN OF THE PERSON
  Sec. 1163.101.  ANNUAL REPORT REQUIRED 
  Sec. 1163.102.  REPORTING PERIOD 
  Sec. 1163.103.  REPORT IN CASE OF DECEASED WARD 
  Sec. 1163.104.  APPROVAL OF REPORT 
  Sec. 1163.105.  ATTORNEY NOT REQUIRED 
  [Sections 1163.106-1163.150 reserved for expansion]
  SUBCHAPTER D. PENALTIES
  Sec. 1163.151.  PENALTY FOR FAILURE TO FILE REQUIRED
                   ACCOUNT, EXHIBIT, OR REPORT 
  CHAPTER 1163. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
  SUBCHAPTER A. ANNUAL ACCOUNT AND OTHER EXHIBITS BY GUARDIAN OF THE
  ESTATE
         Sec. 1163.001.  INITIAL ANNUAL ACCOUNT OF ESTATE. (a) Not
  later than the 60th day after the first anniversary of the date the
  guardian of the estate of a ward qualifies, unless the court extends
  that period, the guardian shall file with the court an account
  consisting of a written exhibit made under oath that:
               (1)  lists all claims against the estate presented to
  the guardian during the period covered by the account; and
               (2)  specifies:
                     (A)  which claims have been:
                           (i)  allowed by the guardian;
                           (ii)  paid by the guardian; or
                           (iii)  rejected by the guardian and the date
  the claims were rejected; and
                     (B)  which claims have been the subject of a
  lawsuit and the status of that lawsuit.
         (b)  The account must:
               (1)  show all property that has come to the guardian's
  knowledge or into the guardian's possession that was not previously
  listed or inventoried as the ward's property;
               (2)  show any change in the ward's property that was not
  previously reported;
               (3)  provide a complete account of receipts and
  disbursements for the period covered by the account, including the
  source and nature of the receipts and disbursements, with separate
  listings for principal and income receipts;
               (4)  provide a complete, accurate, and detailed
  description of:
                     (A)  the property being administered;
                     (B)  the condition of the property and the use
  being made of the property; and
                     (C)  if rented, the terms on which and the price
  for which the property was rented;
               (5)  show the cash balance on hand and the name and
  location of the depository where the balance is kept;
               (6)  show any other cash held in a savings account or
  other manner that was deposited subject to court order and the name
  and location of the depository for that cash; and
               (7)  provide a detailed description of the personal
  property of the estate that shows how and where the property is held
  for safekeeping.
         (c)  For bonds, notes, and other securities, the description
  required by Subsection (b)(7) must include:
               (1)  the names of the obligor and obligee or, if payable
  to bearer, a statement that the bond, note, or other security is
  payable to bearer;
               (2)  the date of issue and maturity;
               (3)  the interest rate;
               (4)  the serial number or other identifying numbers;
               (5)  the manner in which the property is secured; and
               (6)  other information necessary to fully identify the
  bond, note, or other security. (Tex. Prob. Code, Sec. 741(a).)
         Sec. 1163.002.  ANNUAL ACCOUNT REQUIRED UNTIL ESTATE CLOSED.
  (a) A guardian of the estate shall file an annual account
  conforming to the essential requirements of Section 1163.001
  regarding changes in the estate assets occurring since the date the
  most recent previous account was filed.
         (b)  The annual account must be filed in a manner that allows
  the court or an interested person to ascertain the true condition of
  the estate, with respect to money, securities, and other property,
  by adding to the balances forwarded from the most recent previous
  account the amounts received during the period covered by the
  account and subtracting the disbursements made during that period.
         (c)  The description of property sufficiently described in
  an inventory or previous account may be made in the annual account
  by reference to the property. (Tex. Prob. Code, Sec. 741(b).)
         Sec. 1163.003.  SUPPORTING VOUCHERS AND OTHER DOCUMENTS
  ATTACHED TO ACCOUNT. (a) The guardian of the estate shall attach
  to each annual account:
               (1)  a voucher for each item of credit claimed in the
  account or, to support the item in the absence of the voucher, other
  evidence satisfactory to the court;
               (2)  an official letter from the bank or other
  depository where the money on hand of the estate or ward is
  deposited that shows the amounts in general or special deposits;
  and
               (3)  proof of the existence and possession of:
                     (A)  securities owned by the estate or shown by
  the account; and
                     (B)  other assets held by a depository subject to
  court order.
         (b)  An original voucher submitted to the court may on
  application be returned to the guardian after approval of the
  annual account. (Tex. Prob. Code, Sec. 741(c) (part).)
         Sec. 1163.004.  METHOD OF PROOF FOR SECURITIES AND OTHER
  ASSETS. (a) The proof required by Section 1163.003(a)(3) must be
  by:
               (1)  an official letter from the bank or other
  depository where the securities or other assets are held for
  safekeeping, and if the depository is the guardian, the official
  letter must be signed by a representative of the depository other
  than the depository verifying the annual account;
               (2)  a certificate of an authorized representative of a
  corporation that is surety on the guardian's bonds;
               (3)  a certificate of the clerk or a deputy clerk of a
  court of record in this state; or
               (4)  an affidavit of any other reputable person
  designated by the court on request of the guardian or other
  interested party.
         (b)  A certificate or affidavit described by Subsection (a)
  must:
               (1)  state that the affiant has examined the assets
  that the guardian exhibited to the affiant as assets of the estate
  for which the annual account is made;
               (2)  describe the assets by reference to the account or
  in another manner that sufficiently identifies the assets
  exhibited; and
               (3)  state the time and the place the assets were
  exhibited.
         (c)  Instead of attaching a certificate or an affidavit, the
  guardian may exhibit the securities to the judge of the court, who
  shall endorse on the annual account, or include in the judge's order
  with respect to the account, a statement that the securities shown
  to the judge as on hand were exhibited to the judge and that the
  securities were the same as those shown in the account, or note any
  variance. If the securities are exhibited at a location other than
  where the securities are deposited for safekeeping, that exhibit is
  at the guardian's own expense and risk.
         (d)  The judge of the court may require:
               (1)  additional evidence of the existence and custody
  of the securities and other personal property as the judge
  considers proper; and
               (2)  the guardian at any time to exhibit the securities
  to the judge or another person designated by the judge at the place
  where the securities are held for safekeeping. (Tex. Prob. Code,
  Secs. 741(c) (part), (d).)
         Sec. 1163.005.  VERIFICATION OF ACCOUNT AND STATEMENT
  REGARDING TAXES. (a) The guardian of the estate shall attach to an
  account the guardian's affidavit stating:
               (1)  that the account contains a correct and complete
  statement of the matters to which the account relates;
               (2)  that the guardian has paid the bond premium for the
  next accounting period;
               (3)  that the guardian has filed all tax returns of the
  ward due during the accounting period; and
               (4)  that the guardian has paid all taxes the ward owed
  during the accounting period, the amount of the taxes, the date the
  guardian paid the taxes, and the name of the governmental entity to
  which the guardian paid the taxes.
         (b)  If on the filing of the account the guardian of the
  estate has failed on the ward's behalf to file a tax return or pay
  taxes due, the guardian shall attach to the account a description of
  the taxes and the reasons for the guardian's failure to file the
  return or pay the taxes. (Tex. Prob. Code, Secs. 741(e), (f).)
         Sec. 1163.006.  WAIVER OF ACCOUNT FILING. If the ward's
  estate produces negligible or fixed income, the court may waive the
  filing of annual accounts and may permit the guardian to:
               (1)  receive all estate income and apply the income to
  the support, maintenance, and education of the ward; and
               (2)  account to the court for the estate income and
  corpus when the estate must be closed. (Tex. Prob. Code, Sec.
  741(g).)
  [Sections 1163.007-1163.050 reserved for expansion]
  SUBCHAPTER B. ACTION ON ANNUAL ACCOUNT
         Sec. 1163.051.  FILING AND CONSIDERATION OF ANNUAL ACCOUNT.
  (a) The guardian of the estate shall file an annual account with the
  county clerk. The county clerk shall note the filing on the judge's
  docket.
         (b)  An annual account must remain on file for 10 days after
  the date the account is filed before being considered by the judge.
  After the expiration of that period, the judge shall consider the
  account and may continue the hearing on the account until fully
  advised on all account items.
         (c)  The court may not approve the annual account unless
  possession of cash, listed securities, or other assets held in
  safekeeping or on deposit under court order has been proven as
  required by law. (Tex. Prob. Code, Secs. 742(a), (b), (c), (d),
  (e).)
         Sec. 1163.052.  CORRECTION AND APPROVAL OF ANNUAL ACCOUNT.
  (a) If an annual account is found to be incorrect, the account
  shall be corrected.
         (b)  The court by order shall approve an annual account that
  is corrected to the satisfaction of the court and shall act with
  respect to unpaid claims in accordance with Sections 1163.053 and
  1163.054. (Tex. Prob. Code, Sec. 742(f) (part).)
         Sec. 1163.053.  ORDER FOR PAYMENT OF CLAIMS IN FULL. After
  approval of an annual account as provided by Section 1163.052, if it
  appears to the court from the exhibit or other evidence that the
  estate is wholly solvent and that the guardian has sufficient funds
  to pay every claim against the estate, the court shall order
  immediate payment of all claims allowed and approved or established
  by judgment. (Tex. Prob. Code, Sec. 742(f) (part).)
         Sec. 1163.054.  ORDER FOR PRO RATA PAYMENT OF CLAIMS. After
  approval of an annual account as provided by Section 1163.052, if it
  appears to the court from the account or other evidence that the
  funds on hand are not sufficient to pay all claims against the
  estate or if the estate is insolvent and the guardian has any funds
  on hand, the court shall order the funds to be applied:
               (1)  first to the payment of any unpaid claims having a
  preference in the order of their priority; and
               (2)  then to the pro rata payment of the other claims
  allowed and approved or established by final judgment, considering
  also:
                     (A)  claims that were presented not later than the
  first anniversary of the date letters of guardianship were granted;
  and
                     (B)  claims that are in litigation or on which a
  lawsuit may be filed. (Tex. Prob. Code, Sec. 742(f) (part).)
  [Sections 1163.055-1163.100 reserved for expansion]
  SUBCHAPTER C.  ANNUAL REPORT BY GUARDIAN OF THE PERSON
         Sec. 1163.101.  ANNUAL REPORT REQUIRED. (a)  Once each year
  for the duration of the guardianship, a guardian of the person shall
  file with the court a report that contains the information required
  by this section.
         (b)  The guardian of the person shall file a sworn, written
  report that shows each receipt and disbursement for:
               (1)  the support and maintenance of the ward;
               (2)  when necessary, the education of the ward; and
               (3)  when authorized by court order, the support and
  maintenance of the ward's dependents.
         (c)  The guardian of the person shall file a sworn affidavit
  that contains:
               (1)  the guardian's current name, address, and
  telephone number;
               (2)  the ward's date of birth and current name, address,
  telephone number, and age;
               (3)  a description of the type of home in which the ward
  resides, which shall be described as:
                     (A)  the ward's own home;
                     (B)  a nursing home;
                     (C)  a guardian's home;
                     (D)  a foster home;
                     (E)  a boarding home;
                     (F)  a relative's home, in which case the
  description must specify the relative's relationship to the ward;
                     (G)  a hospital or medical facility; or
                     (H)  another type of residence;
               (4)  statements indicating:
                     (A)  the length of time the ward has resided in the
  present home;
                     (B)  the reason for a change in the ward's
  residence, if a change in the ward's residence has occurred in the
  past year;
                     (C)  the date the guardian most recently saw the
  ward;
                     (D)  how frequently the guardian has seen the ward
  in the past year;
                     (E)  whether the guardian has possession or
  control of the ward's estate;
                     (F)  whether the ward's mental health has
  improved, deteriorated, or remained unchanged during the past year,
  including a description of the change if a change has occurred;
                     (G)  whether the ward's physical health has
  improved, deteriorated, or remained unchanged during the past year,
  including a description of the change if a change has occurred;
                     (H)  whether the ward has regular medical care;
  and
                     (I)  the ward's treatment or evaluation by any of
  the following persons during the past year, including the person's
  name and a description of the treatment:
                           (i)  a physician;
                           (ii)  a psychiatrist, psychologist, or other
  mental health care provider;
                           (iii)  a dentist;
                           (iv)  a social or other caseworker; or
                           (v)  any other individual who provided
  treatment;
               (5)  a description of the ward's activities during the
  past year, including recreational, educational, social, and
  occupational activities, or a statement that no activities were
  available or that the ward was unable or refused to participate in
  activities;
               (6)  the guardian's evaluation of:
                     (A)  the ward's living arrangements as excellent,
  average, or below average, including an explanation if the
  conditions are below average;
                     (B)  whether the ward is content or unhappy with
  the ward's living arrangements; and
                     (C)  unmet needs of the ward;
               (7)  a statement indicating whether the guardian's
  power should be increased, decreased, or unaltered, including an
  explanation if a change is recommended;
               (8)  a statement indicating that the guardian has paid
  the bond premium for the next reporting period; and
               (9)  any additional information the guardian desires to
  share with the court regarding the ward, including:
                     (A)  whether the guardian has filed for emergency
  detention of the ward under Subchapter A, Chapter 573, Health and
  Safety Code; and
                     (B)  if applicable, the number of times the
  guardian has filed for emergency detention and the dates of the
  applications for emergency detention.  (Tex. Prob. Code, Secs.
  743(a), (b), (g) (part).)
         Sec. 1163.102.  REPORTING PERIOD. (a)  Except as provided
  under Subsection (b), an annual report required by Section 1163.101
  must cover a 12-month reporting period that begins on the date or
  the anniversary of the date the guardian of the person qualifies to
  serve.
         (b)  The court may change a reporting period for purposes of
  this subchapter but may not extend a reporting period so that it
  covers more than 12 months.
         (c)  Each report is due not later than the 60th day after the
  date the reporting period ends. (Tex. Prob. Code, Secs. 743(g)
  (part), (h), (i).)
         Sec. 1163.103.  REPORT IN CASE OF DECEASED WARD. If the ward
  is deceased, the guardian of the person shall provide the court with
  the date and place of death, if known, instead of the information
  about the ward otherwise required to be provided in the annual
  report.  (Tex. Prob. Code, Sec. 743(c).)
         Sec. 1163.104.  APPROVAL OF REPORT. (a) If the judge is
  satisfied that the facts stated in the report are true, the court
  shall approve the report.
         (b)  Unless the judge is satisfied that the facts stated in
  the report are true, the judge shall issue orders necessary for the
  ward's best interests.
         (c)  The court on the court's own motion may waive the costs
  and fees related to the filing of a report approved under Subsection
  (a). (Tex. Prob. Code, Secs. 743(d), (e), (f).)
         Sec. 1163.105.  ATTORNEY NOT REQUIRED. A guardian of the
  person may complete and file the report required under this
  subchapter without the assistance of an attorney. (Tex. Prob. Code,
  Sec. 743(j).)
  [Sections 1163.106-1163.150 reserved for expansion]
  SUBCHAPTER D. PENALTIES
         Sec. 1163.151.  PENALTY FOR FAILURE TO FILE REQUIRED
  ACCOUNT, EXHIBIT, OR REPORT. (a) If a guardian does not file an
  account, an exhibit, a report of the guardian of the person, or
  another report required by this title, any person interested in the
  estate, on written complaint filed with the court clerk, or the
  court on the court's own motion, may have the guardian cited to
  appear and show cause why the guardian should not file the account,
  exhibit, or report.
         (b)  On hearing, the court may:
               (1)  order the guardian to file the account, exhibit,
  or report; and
               (2)  unless good cause is shown for the failure to file:
                     (A)  revoke the guardian's letters of
  guardianship;
                     (B)  fine the guardian in an amount not to exceed
  $1,000; or
                     (C)  revoke the guardian's letters of
  guardianship and fine the guardian in an amount not to exceed $1,000. (Tex. Prob. Code, Sec. 744.)
 
  CHAPTER 1164. LIABILITY OF GUARDIAN OR GUARDIANSHIP PROGRAM
  Sec. 1164.001.  LIABILITY OF GUARDIAN 
  Sec. 1164.002.  IMMUNITY OF GUARDIANSHIP PROGRAM 
  CHAPTER 1164. LIABILITY OF GUARDIAN OR GUARDIANSHIP PROGRAM
         Sec. 1164.001.  LIABILITY OF GUARDIAN. A person is not
  liable to a third person solely because the person has been
  appointed guardian of a ward under this title. (Tex. Prob. Code,
  Sec. 673.)
         Sec. 1164.002.  IMMUNITY OF GUARDIANSHIP PROGRAM.  A
  guardianship program is not liable for civil damages arising from
  an action taken or omission made by a person while providing
  guardianship services to a ward on behalf of the guardianship
  program, unless the action or omission was:
               (1)  wilfully wrongful;
               (2)  taken or made:
                     (A)  with conscious indifference to or reckless
  disregard for the safety of the ward or another;
                     (B)  in bad faith; or
                     (C)  with malice; or
               (3)  grossly negligent. (Tex. Prob. Code, Sec. 674.)
  [Chapters 1165-1200 reserved for expansion]
  SUBTITLE F.  EVALUATION, MODIFICATION, OR TERMINATION OF GUARDIANSHIP
 
  CHAPTER 1201. EVALUATION OF GUARDIANSHIP
  SUBCHAPTER A. REVIEW OF GUARDIANSHIP
  Sec. 1201.001.  DETERMINING GUARDIAN'S PERFORMANCE OF
                   DUTIES 
  Sec. 1201.002.  ANNUAL EXAMINATION OF GUARDIANSHIP;
                   BOND OF GUARDIAN 
  Sec. 1201.003.  JUDGE'S LIABILITY 
  Sec. 1201.004.  IDENTIFYING INFORMATION 
  [Sections 1201.005-1201.050 reserved for expansion]
  SUBCHAPTER B. ANNUAL DETERMINATION TO CONTINUE, MODIFY, OR
  TERMINATE GUARDIANSHIP
  Sec. 1201.051.  APPLICABILITY 
  Sec. 1201.052.  ANNUAL DETERMINATION 
  Sec. 1201.053.  METHOD OF DETERMINATION 
  Sec. 1201.054.  FORM OF DETERMINATION 
  CHAPTER 1201. EVALUATION OF GUARDIANSHIP
  SUBCHAPTER A. REVIEW OF GUARDIANSHIP
         Sec. 1201.001.  DETERMINING GUARDIAN'S PERFORMANCE OF
  DUTIES. The court shall use reasonable diligence to determine
  whether a guardian is performing all of the duties required of the
  guardian that relate to the guardian's ward. (Tex. Prob. Code, Sec.
  671(a).)
         Sec. 1201.002.  ANNUAL EXAMINATION OF GUARDIANSHIP; BOND OF
  GUARDIAN. (a)  At least annually, the judge shall examine the
  well-being of each ward of the court and the solvency of the bond of
  the guardian of the ward's estate.
         (b)  If after examining the solvency of a guardian's bond as
  provided by Subsection (a) the judge determines that the guardian's
  bond is not sufficient to protect the ward or the ward's estate, the
  judge shall require the guardian to execute a new bond.
         (c)  The judge shall notify the guardian and the sureties on
  the guardian's bond as provided by law. (Tex. Prob. Code, Secs.
  671(b), (c), (d) (part).)
         Sec. 1201.003.  JUDGE'S LIABILITY. A judge is liable on the
  judge's bond to those damaged if damage or loss results to a
  guardianship or ward because of the gross neglect of the judge to
  use reasonable diligence in the performance of the judge's duty
  under this subchapter.  (Tex. Prob. Code, Sec. 671(d) (part).)
         Sec. 1201.004.  IDENTIFYING INFORMATION. (a)  The court may
  request an applicant or court-appointed fiduciary to produce other
  information identifying an applicant, ward, or guardian, including
  a social security number, in addition to identifying information
  the applicant or fiduciary is required to produce under this title.
         (b)  The court shall maintain any information required under
  this section, and the information may not be filed with the clerk.
  (Tex. Prob. Code, Sec. 671(e).)
  [Sections 1201.005-1201.050 reserved for expansion]
  SUBCHAPTER B. ANNUAL DETERMINATION TO CONTINUE, MODIFY, OR
  TERMINATE GUARDIANSHIP
         Sec. 1201.051.  APPLICABILITY. This subchapter does not
  apply to a guardianship that is created only because it is necessary
  for a person to have a guardian appointed to receive funds from a
  governmental source.  (Tex. Prob. Code, Sec. 672(e).)
         Sec. 1201.052.  ANNUAL DETERMINATION. To determine whether
  a guardianship should be continued, modified, or terminated, the
  court in which the guardianship proceeding is pending:
               (1)  shall review annually each guardianship in which
  the application to create the guardianship was filed after
  September 1, 1993; and
               (2)  may review annually any other guardianship. (Tex.
  Prob. Code, Sec. 672(a).)
         Sec. 1201.053.  METHOD OF DETERMINATION. (a) In reviewing a
  guardianship under Section 1201.052, a statutory probate court may:
               (1)  review any report prepared by:
                     (A)  a court investigator under Section 1054.153
  or 1202.054;
                     (B)  a guardian ad litem under Section 1202.054;
  or
                     (C)  a court visitor under Section 1054.104;
               (2)  conduct a hearing; or
               (3)  review an annual account prepared under Subchapter
  A, Chapter 1163, or a report prepared under Subchapter C, Chapter
  1163.
         (b)  A court that is not a statutory probate court may use any
  method to review a guardianship under Section 1201.052 that is
  determined appropriate by the court according to the court's
  caseload and available resources. (Tex. Prob. Code, Secs. 672(b),
  (c).)
         Sec. 1201.054.  FORM OF DETERMINATION. A determination
  under this subchapter must be in writing and filed with the clerk.  (Tex. Prob. Code, Sec. 672(d).)
 
  CHAPTER 1202.  MODIFICATION OR TERMINATION OF GUARDIANSHIP
  SUBCHAPTER A.  TERMINATION AND SETTLEMENT OF GUARDIANSHIP
  Sec. 1202.001.  TERM OF GUARDIAN OR GUARDIANSHIP 
  Sec. 1202.002.  TERMINATION OF GUARDIANSHIP IF PARENT
                   IS NO LONGER INCAPACITATED 
  [Sections 1202.003-1202.050 reserved for expansion]
  SUBCHAPTER B.  APPLICATION FOR COMPLETE RESTORATION OF WARD'S
  CAPACITY OR MODIFICATION OF GUARDIANSHIP
  Sec. 1202.051.  APPLICATION AUTHORIZED 
  Sec. 1202.052.  CONTENTS OF APPLICATION 
  Sec. 1202.053.  CITATION REQUIRED 
  Sec. 1202.054.  INFORMAL REQUEST FOR ORDER BY WARD;
                   INVESTIGATION AND REPORT 
  Sec. 1202.055.  RESTRICTION ON SUBSEQUENT APPLICATION
                   REGARDING CAPACITY OR MODIFICATION 
  [Sections 1202.056-1202.100 reserved for expansion]
  SUBCHAPTER C.  REPRESENTATION OF WARD IN PROCEEDING FOR COMPLETE
  RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP
  Sec. 1202.101.  APPOINTMENT OF ATTORNEY AD LITEM 
  Sec. 1202.102.  COMPENSATION FOR ATTORNEY AD LITEM AND
                   GUARDIAN AD LITEM 
  Sec. 1202.103.  RETENTION AND COMPENSATION OF ATTORNEY
                   FOR WARD 
  [Sections 1202.104-1202.150 reserved for expansion]
  SUBCHAPTER D.  HEARING, EVIDENCE, AND ORDERS IN PROCEEDING FOR
  COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF
  GUARDIANSHIP
  Sec. 1202.151.  EVIDENCE AND BURDEN OF PROOF AT HEARING 
  Sec. 1202.152.  PHYSICIAN'S LETTER OR CERTIFICATE
                   REQUIRED 
  Sec. 1202.153.  FINDINGS REQUIRED 
  Sec. 1202.154.  GENERAL REQUIREMENTS FOR ORDER 
  Sec. 1202.155.  ADDITIONAL REQUIREMENTS FOR ORDER
                   RESTORING WARD'S CAPACITY 
  Sec. 1202.156.  ADDITIONAL REQUIREMENTS FOR ORDER
                   MODIFYING GUARDIANSHIP 
  Sec. 1202.157.  ADDITIONAL REQUIREMENTS FOR ORDER
                   DISMISSING APPLICATION 
  CHAPTER 1202.  MODIFICATION OR TERMINATION OF GUARDIANSHIP
  SUBCHAPTER A.  TERMINATION AND SETTLEMENT OF GUARDIANSHIP
         Sec. 1202.001.  TERM OF GUARDIAN OR GUARDIANSHIP. (a)  
  Unless otherwise discharged as provided by law, a guardian remains
  in office until the estate is closed.
         (b)  A guardianship shall be settled and closed when the
  ward:
               (1)  dies and, if the ward was married, the ward's
  spouse qualifies as survivor in community;
               (2)  is found by the court to have full capacity to care
  for himself or herself and to manage the ward's property;
               (3)  is no longer a minor; or
               (4)  no longer must have a guardian appointed to
  receive funds due the ward from any governmental source.
         (c)  An order appointing a guardian or a successor guardian
  may specify a period of not more than one year during which a
  petition for adjudication that the ward no longer requires the
  guardianship may not be filed without special leave.
         (d)  A request for an order under this section may be made by
  informal letter to the court. A person who knowingly interferes
  with the transmission of the request to the court may be adjudged
  guilty of contempt of court.
         (e)  If a nonresident guardian of a nonresident ward
  qualifies as guardian under this title, any resident guardian's
  guardianship may be terminated.  (Tex. Prob. Code, Sec. 694.)
         Sec. 1202.002.  TERMINATION OF GUARDIANSHIP IF PARENT IS NO
  LONGER INCAPACITATED. (a)  The powers of a person appointed to
  serve as the designated guardian of the person or estate, or both,
  of a minor child solely because of the incapacity of the minor's
  surviving parent and in accordance with Section 1104.053 and
  Subchapter D, Chapter 1104, terminate when a probate court enters
  an order finding that the surviving parent is no longer an
  incapacitated person.
         (b)  The powers of a person appointed to serve as the
  designated guardian of the person or estate, or both, of an adult
  individual solely because of the incapacity of the individual's
  surviving parent and in accordance with Section 1104.103 and
  Subchapter D, Chapter 1104, terminate when a probate court enters
  an order finding that the surviving parent is no longer an
  incapacitated person and reappointing the surviving parent as the
  individual's guardian. (Tex. Prob. Code, Secs. 676(g), 677(e).)
  [Sections 1202.003-1202.050 reserved for expansion]
  SUBCHAPTER B.  APPLICATION FOR COMPLETE RESTORATION OF WARD'S
  CAPACITY OR MODIFICATION OF GUARDIANSHIP
         Sec. 1202.051.  APPLICATION AUTHORIZED. A ward or any
  person interested in the ward's welfare may file a written
  application with the court for an order:
               (1)  finding that the ward is no longer an
  incapacitated person and ordering the settlement and closing of the
  guardianship;
               (2)  finding that the ward lacks the capacity to do some
  or all of the tasks necessary to provide food, clothing, or shelter
  for himself or herself, to care for the ward's own physical health,
  or to manage the ward's own financial affairs and granting
  additional powers or duties to the guardian; or
               (3)  finding that the ward has the capacity to do some,
  but not all, of the tasks necessary to provide food, clothing, or
  shelter for himself or herself, to care for the ward's own physical
  health, or to manage the ward's own financial affairs and:
                     (A)  limiting the guardian's powers or duties; and
                     (B)  permitting the ward to care for himself or
  herself or to manage the ward's own financial affairs commensurate
  with the ward's ability.  (Tex. Prob. Code, Sec. 694A(a).)
         Sec. 1202.052.  CONTENTS OF APPLICATION. An application
  filed under Section 1202.051 must be sworn to by the applicant and
  must state:
               (1)  the ward's name, sex, date of birth, and address;
               (2)  the name and address of any person serving as
  guardian of the person of the ward on the date the application is
  filed;
               (3)  the name and address of any person serving as
  guardian of the estate of the ward on the date the application is
  filed;
               (4)  the nature and description of the ward's
  guardianship;
               (5)  the specific areas of protection and assistance
  and any limitation of rights that exist;
               (6)  whether the relief being sought is:
                     (A)  a restoration of the ward's capacity because
  the ward is no longer an incapacitated person;
                     (B)  the granting of additional powers or duties
  to the guardian; or
                     (C)  the limitation of powers granted to or duties
  performed by the guardian;
               (7)  if the relief being sought under the application
  is described by Subdivision (6)(B) or (C):
                     (A)  the nature and degree of the ward's
  incapacity;
                     (B)  the specific areas of protection and
  assistance to be provided to the ward and requested to be included
  in the court's order; and
                     (C)  any limitation of the ward's rights requested
  to be included in the court's order;
               (8)  the approximate value and description of the
  ward's property, including any compensation, pension, insurance,
  or allowance to which the ward is or may be entitled; and
               (9)  if the ward is 60 years of age or older, the names
  and addresses, to the best of the applicant's knowledge, of the
  ward's spouse, siblings, and children or, if there is no known
  spouse, sibling, or child, the names and addresses of the ward's
  next of kin.  (Tex. Prob. Code, Sec. 694B.)
         Sec. 1202.053.  CITATION REQUIRED. When an application is
  filed under Section 1202.051, citation shall be served on:
               (1)  the ward's guardian; and
               (2)  the ward if the ward is not the applicant.  (Tex.
  Prob. Code, Sec. 694A(d).)
         Sec. 1202.054.  INFORMAL REQUEST FOR ORDER BY WARD;
  INVESTIGATION AND REPORT.  (a)  A ward may request an order under
  Section 1202.051 by informal letter to the court. A person who
  knowingly interferes with the transmission of the request to the
  court may be adjudged guilty of contempt of court.
         (b)  On receipt of an informal letter under Subsection (a),
  the court shall appoint the court investigator or a guardian ad
  litem to investigate the ward's circumstances, including any
  circumstances alleged in the letter, to determine whether:
               (1)  the ward is no longer an incapacitated person; or
               (2)  a modification of the guardianship is necessary.
         (c)  The court investigator or guardian ad litem shall file
  with the court a report of the investigation's findings and
  conclusions.  If the court investigator or guardian ad litem
  determines that it is in the best interest of the ward to terminate
  or modify the guardianship, the court investigator or guardian ad
  litem shall file an application under Section 1202.051 on the
  ward's behalf.
         (d)  A guardian ad litem appointed under this section may
  also be appointed by the court to serve as attorney ad litem under
  Section 1202.101.  (Tex. Prob. Code, Secs. 694A(b), (c).)
         Sec. 1202.055.  RESTRICTION ON SUBSEQUENT APPLICATION
  REGARDING CAPACITY OR MODIFICATION. A person may not reapply for
  complete restoration of a ward's capacity or modification of a
  ward's guardianship before the first anniversary of the date of the
  hearing on the last preceding application, except as otherwise
  provided by the court on good cause shown by the applicant.  (Tex.
  Prob. Code, Sec. 694A(e).)
  [Sections 1202.056-1202.100 reserved for expansion]
  SUBCHAPTER C.  REPRESENTATION OF WARD IN PROCEEDING FOR COMPLETE
  RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP
         Sec. 1202.101.  APPOINTMENT OF ATTORNEY AD LITEM. The court
  shall appoint an attorney ad litem to represent a ward in a
  proceeding for the complete restoration of the ward's capacity or
  for the modification of the ward's guardianship.  Unless otherwise
  provided by the court, the attorney ad litem shall represent the
  ward only for purposes of the restoration or modification
  proceeding.  (Tex. Prob. Code, Secs. 694C(a), (b).)
         Sec. 1202.102.  COMPENSATION FOR ATTORNEY AD LITEM AND
  GUARDIAN AD LITEM.  (a)  An attorney ad litem appointed under
  Section 1202.101 is entitled to reasonable compensation for
  services in the amount set by the court to be taxed as costs in the
  proceeding, regardless of whether the proceeding results in the
  restoration of the ward's capacity or a modification of the ward's
  guardianship.
         (b)  A guardian ad litem appointed in a proceeding involving
  the complete restoration of a ward's capacity or modification of a
  ward's guardianship is entitled to reasonable compensation, as
  provided by Section 1054.055(a), regardless of whether the
  proceeding results in the restoration of the ward's capacity or a
  modification of the ward's guardianship.  (Tex. Prob. Code, Secs.
  694C(c), 694L.)
         Sec. 1202.103.  RETENTION AND COMPENSATION OF ATTORNEY FOR
  WARD. (a)  A ward may retain an attorney for a proceeding involving
  the complete restoration of the ward's capacity or modification of
  the ward's guardianship.
         (b)  The court may order that compensation for services
  provided by an attorney retained under this section be paid from
  funds in the ward's estate only if the court finds that the attorney
  had a good faith belief that the ward had the capacity necessary to
  retain the attorney's services.  (Tex. Prob. Code, Sec. 694K.)
  [Sections 1202.104-1202.150 reserved for expansion]
  SUBCHAPTER D.  HEARING, EVIDENCE, AND ORDERS IN PROCEEDING FOR
  COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF
  GUARDIANSHIP
         Sec. 1202.151.  EVIDENCE AND BURDEN OF PROOF AT HEARING. (a)  
  At a hearing on an application filed under Section 1202.051, the
  court shall consider only evidence regarding the ward's mental or
  physical capacity at the time of the hearing that is relevant to the
  complete restoration of the ward's capacity or modification of the
  ward's guardianship.
         (b)  The party who filed the application has the burden of
  proof at the hearing.  (Tex. Prob. Code, Sec. 694D.)
         Sec. 1202.152.  PHYSICIAN'S LETTER OR CERTIFICATE REQUIRED.
  (a)  The court may not grant an order completely restoring a ward's
  capacity or modifying a ward's guardianship under an application
  filed under Section 1202.051 unless the applicant presents to the
  court a written letter or certificate from a physician licensed in
  this state that is dated:
               (1)  not earlier than the 120th day before the date the
  application was filed; or
               (2)  after the date the application was filed but
  before the date of the hearing.
         (b)  A letter or certificate presented under Subsection (a)
  must:
               (1)  describe the nature and degree of incapacity,
  including the medical history if reasonably available, or state
  that, in the physician's opinion, the ward has the capacity to:
                     (A)  provide food, clothing, and shelter for
  himself or herself;
                     (B)  care for the ward's own physical health; and
                     (C)  manage the ward's financial affairs;
               (2)  provide a medical prognosis specifying the
  estimated severity of any incapacity;
               (3)  state how or in what manner the ward's ability to
  make or communicate responsible decisions concerning himself or
  herself is affected by the ward's physical or mental health;
               (4)  state whether any current medication affects the
  ward's demeanor or the ward's ability to participate fully in a
  court proceeding;
               (5)  describe the precise physical and mental
  conditions underlying a diagnosis of senility, if applicable; and
               (6)  include any other information required by the
  court.
         (c)  If the court determines it is necessary, the court may
  appoint the necessary physicians to examine the ward in the same
  manner and to the same extent as a ward is examined by a physician
  under Section 1101.103 or 1101.104.  (Tex. Prob. Code, Sec. 694F.)
         Sec. 1202.153.  FINDINGS REQUIRED. (a)  Before ordering the
  settlement and closing of a guardianship under an application filed
  under Section 1202.051, the court must find by a preponderance of
  the evidence that the ward is no longer partially or fully
  incapacitated.
         (b)  Before granting additional powers to the guardian or
  requiring the guardian to perform additional duties under an
  application filed under Section 1202.051, the court must find by a
  preponderance of the evidence that the current nature and degree of
  the ward's incapacity warrants a modification of the guardianship
  and that some or all of the ward's rights need to be further
  restricted.
         (c)  Before limiting the powers granted to or duties required
  to be performed by the guardian under an application filed under
  Section 1202.051, the court must find by a preponderance of the
  evidence that the current nature and degree of the ward's
  incapacity warrants a modification of the guardianship and that
  some of the ward's rights need to be restored.  (Tex. Prob. Code,
  Sec. 694E.)
         Sec. 1202.154.  GENERAL REQUIREMENTS FOR ORDER.  (a)  A court
  order entered with respect to an application filed under Section
  1202.051 to completely restore a ward's capacity or modify a ward's
  guardianship must state:
               (1)  the guardian's name;
               (2)  the ward's name; and
               (3)  whether the type of guardianship being addressed
  at the proceeding is a:
                     (A)  guardianship of the person;
                     (B)  guardianship of the estate; or
                     (C)  guardianship of both the person and the
  estate.
         (b)  In an order described by this section, the court may not
  grant a power to a guardian or require the guardian to perform a
  duty that is a power granted to or a duty required to be performed by
  another guardian.  (Tex. Prob. Code, Sec. 694J.)
         Sec. 1202.155.  ADDITIONAL REQUIREMENTS FOR ORDER RESTORING
  WARD'S CAPACITY.  If the court finds that a ward is no longer an
  incapacitated person, the order completely restoring the ward's
  capacity must contain findings of fact and specify, in addition to
  the information required by Section 1202.154:
               (1)  that the ward is no longer an incapacitated
  person;
               (2)  that there is no further need for a guardianship of
  the person or estate of the ward;
               (3)  if the ward's incapacity resulted from a mental
  condition, that the ward's mental capacity is completely restored;
               (4)  that the guardian is required to:
                     (A)  immediately settle the guardianship in
  accordance with this title; and
                     (B)  deliver all of the remaining guardianship
  estate to the ward; and
               (5)  that the clerk shall revoke letters of
  guardianship when the guardianship is finally settled and closed.  
  (Tex. Prob. Code, Sec. 694G.)
         Sec. 1202.156.  ADDITIONAL REQUIREMENTS FOR ORDER MODIFYING
  GUARDIANSHIP.  If the court finds that a guardian's powers or duties
  should be expanded or limited, the order modifying the guardianship
  must contain findings of fact and specify, in addition to the
  information required by Section 1202.154:
               (1)  the specific powers, limitations, or duties of the
  guardian with respect to the care of the ward or the management of
  the ward's property, as appropriate;
               (2)  the specific areas of protection and assistance to
  be provided to the ward;
               (3)  any limitation of the ward's rights;
               (4)  if the ward's incapacity resulted from a mental
  condition, whether the ward retains the right to vote; and
               (5)  that the clerk shall modify the letters of
  guardianship to the extent applicable to conform to the order.  
  (Tex. Prob. Code, Sec. 694H.)
         Sec. 1202.157.  ADDITIONAL REQUIREMENTS FOR ORDER
  DISMISSING APPLICATION. If the court finds that a modification of
  the ward's guardianship is not necessary or that the ward's capacity
  has not been restored, the court shall dismiss the application and
  enter an order that contains findings of fact and specifies, in
  addition to the information required by Section 1202.154, that the
  guardian's powers, limitations, or duties with respect to the
  ward's care or the management of the ward's property remain unchanged.  (Tex. Prob. Code, Sec. 694I.)
 
  CHAPTER 1203.  RESIGNATION, REMOVAL, OR DEATH OF GUARDIAN;
  APPOINTMENT OF SUCCESSOR
  SUBCHAPTER A. RESIGNATION OF GUARDIAN
  Sec. 1203.001.  RESIGNATION APPLICATION 
  Sec. 1203.002.  IMMEDIATE ACCEPTANCE OF RESIGNATION;
                   DISCHARGE AND RELEASE 
  Sec. 1203.003.  DELIVERY OF ESTATE PROPERTY TO
                   SUCCESSOR GUARDIAN FOLLOWING
                   RESIGNATION 
  Sec. 1203.004.  HEARING DATE; CITATION 
  Sec. 1203.005.  HEARING 
  Sec. 1203.006.  REQUIREMENTS FOR DISCHARGE 
  [Sections 1203.007-1203.050 reserved for expansion]
  SUBCHAPTER B.  REMOVAL AND REINSTATEMENT OF GUARDIAN
  Sec. 1203.051.  REMOVAL WITHOUT NOTICE 
  Sec. 1203.052.  REMOVAL WITH NOTICE 
  Sec. 1203.053.  REMOVAL ORDER 
  Sec. 1203.054.  DISCHARGE AND RELEASE FOLLOWING REMOVAL 
  Sec. 1203.055.  DELIVERY OF ESTATE PROPERTY TO
                   SUCCESSOR GUARDIAN FOLLOWING REMOVAL 
  Sec. 1203.056.  REMOVAL AND REINSTATEMENT OF GUARDIAN
                   UNDER CERTAIN CIRCUMSTANCES 
  Sec. 1203.057.  REMOVAL OF JOINT GUARDIAN 
  [Sections 1203.058-1203.100 reserved for expansion]
  SUBCHAPTER C.  APPOINTMENT OF SUCCESSOR GUARDIAN; REVOCATION OF
  LETTERS
  Sec. 1203.101.  REQUIREMENTS FOR REVOCATION OF LETTERS 
  Sec. 1203.102.  APPOINTMENT BECAUSE OF RESIGNATION,
                   REMOVAL, OR DEATH 
  Sec. 1203.103.  APPOINTMENT BECAUSE OF EXISTENCE OF
                   PRIOR RIGHT 
  Sec. 1203.104.  APPOINTMENT WHEN GUARDIAN NAMED IN WILL
                   BECOMES AN ADULT 
  Sec. 1203.105.  APPOINTMENT OF FORMERLY ILL OR ABSENT
                   GUARDIAN NAMED IN WILL 
  Sec. 1203.106.  APPOINTMENT WHEN WILL DISCOVERED AFTER
                   GRANT OF LETTERS 
  Sec. 1203.107.  APPOINTMENT ON REMOVAL OF LITIGATION
                   CONFLICT 
  Sec. 1203.108.  APPOINTMENT OF DEPARTMENT OF AGING AND
                   DISABILITY SERVICES AS SUCCESSOR
                   GUARDIAN 
  [Sections 1203.109-1203.150 reserved for expansion]
  SUBCHAPTER D.  SUCCESSOR GUARDIANS FOR WARDS OF GUARDIANSHIP
  PROGRAMS OR GOVERNMENTAL ENTITIES
  Sec. 1203.151.  NOTICE OF AVAILABILITY OF SUCCESSOR
                   GUARDIAN 
  Sec. 1203.152.  DETERMINATION OF PROPOSED SUCCESSOR
                   GUARDIAN'S QUALIFICATION TO SERVE 
  Sec. 1203.153.  APPLICATION TO APPOINT SUCCESSOR
                   GUARDIAN 
  [Sections 1203.154-1203.200 reserved for expansion]
  SUBCHAPTER E.  PROCEDURES AFTER RESIGNATION, REMOVAL, OR DEATH OF
  GUARDIAN
  Sec. 1203.201.  PAYMENT TO WARD WHILE OFFICE OF
                   GUARDIAN IS VACANT 
  Sec. 1203.202.  RIGHTS, POWERS, AND DUTIES OF SUCCESSOR
                   GUARDIAN 
  Sec. 1203.203.  SUCCESSOR GUARDIAN TO RETURN INVENTORY,
                   APPRAISEMENT, AND LIST OF CLAIMS 
  CHAPTER 1203.  RESIGNATION, REMOVAL, OR DEATH OF GUARDIAN;
  APPOINTMENT OF SUCCESSOR
  SUBCHAPTER A. RESIGNATION OF GUARDIAN
         Sec. 1203.001.  RESIGNATION APPLICATION. A guardian of the
  estate or guardian of the person who wishes to resign the guardian's
  trust shall file a written application with the court clerk,
  accompanied by:
               (1)  in the case of a guardian of the estate, a complete
  and verified exhibit and final account showing the true condition
  of the guardianship estate entrusted to the guardian's care; or
               (2)  in the case of a guardian of the person, a verified
  report containing the information required in the annual report
  required under Subchapter C, Chapter 1163, showing the condition of
  the ward entrusted to the guardian's care.  (Tex. Prob. Code, Sec.
  760(a).)
         Sec. 1203.002.  IMMEDIATE ACCEPTANCE OF RESIGNATION;
  DISCHARGE AND RELEASE. (a)  If the necessity exists, the court may
  immediately accept the resignation of a guardian and appoint a
  successor guardian as provided by Section 1203.102(b).
         (b)  The court may not discharge a person resigning as
  guardian of the estate whose resignation is accepted under
  Subsection (a), or release the person or the sureties on the
  person's bond, until a final order has been issued, or a final
  judgment has been rendered, on the final account required under
  Section 1203.001. (Tex. Prob. Code, Sec. 760(b) (part).)
         Sec. 1203.003.  DELIVERY OF ESTATE PROPERTY TO SUCCESSOR
  GUARDIAN FOLLOWING RESIGNATION. The court at any time may order a
  resigning guardian who has any part of a ward's estate to deliver
  any part of the estate to a person who has been appointed and has
  qualified as successor guardian.  (Tex. Prob. Code, Sec. 760(g).)
         Sec. 1203.004.  HEARING DATE; CITATION. (a)  When an
  application to resign as guardian is filed under Section 1203.001,
  supported by the exhibit and final account or report required under
  that section, the court clerk shall bring the application to the
  judge's attention and the judge shall set a date for a hearing on
  the matter.
         (b)  After a hearing is set under Subsection (a), the clerk
  shall issue a citation to all interested persons, showing:
               (1)  that an application that complies with Section
  1203.001 has been filed; and
               (2)  the time and place set for the hearing at which the
  interested persons may appear and contest the exhibit and final
  account or report supporting the application.
         (c)  Unless the court directs that the citation under
  Subsection (b) be published, the citation must be posted. (Tex.
  Prob. Code, Sec. 760(c).)
         Sec. 1203.005.  HEARING. (a)  At the time set for the
  hearing under Section 1203.004, unless the court continues the
  hearing, and if the court finds that the citation required under
  that section has been properly issued and served, the court shall:
               (1)  examine the exhibit and final account or report
  required by Section 1203.001;
               (2)  hear all evidence for and against the exhibit,
  final account, or report; and
               (3)  if necessary, restate and audit and settle the
  exhibit, final account, or report.
         (b)  If the court is satisfied that the matters entrusted to
  the guardian applying to resign have been handled and accounted for
  in accordance with the law, the court shall:
               (1)  enter an order approving the exhibit and final
  account or report; and
               (2)  require that any estate property remaining in the
  applicant's possession be delivered to the person entitled by law
  to receive the property.
         (c)  A guardian of the person shall comply with all court
  orders concerning the guardian's ward.  (Tex. Prob. Code, Sec.
  760(d).)
         Sec. 1203.006.  REQUIREMENTS FOR DISCHARGE. (a)  A guardian
  applying to resign may not be discharged until:
               (1)  the resignation application has been heard;
               (2)  the exhibit and final account or report required
  under Section 1203.001 has been examined, settled, and approved;
  and
               (3)  the applicant has satisfied the court that the
  applicant has:
                     (A)  delivered any estate property remaining in
  the applicant's possession; or
                     (B)  complied with all court orders relating to
  the applicant's trust as guardian.
         (b)  When a guardian applying to resign has fully complied
  with the court orders, the court shall enter an order:
               (1)  accepting the resignation; and
               (2)  discharging the applicant and, if the applicant is
  under bond, the applicant's sureties.  (Tex. Prob. Code, Secs.
  760(e), (f).)
  [Sections 1203.007-1203.050 reserved for expansion]
  SUBCHAPTER B.  REMOVAL AND REINSTATEMENT OF GUARDIAN
         Sec. 1203.051.  REMOVAL WITHOUT NOTICE. The court, on the
  court's own motion or on the motion of an interested person,
  including the ward, and without notice, may remove a guardian
  appointed under this title who:
               (1)  neglects to qualify in the manner and time
  required by law;
               (2)  fails to return, not later than the 30th day after
  the date the guardian qualifies, an inventory of the guardianship
  estate property and a list of claims that have come to the
  guardian's knowledge, unless that deadline is extended by court
  order;
               (3)  if required, fails to give a new bond within the
  period prescribed;
               (4)  is absent from the state for a consecutive period
  of three or more months without the court's permission, or removes
  from the state;
               (5)  cannot be served with notices or other processes
  because:
                     (A)  the guardian's whereabouts are unknown;
                     (B)  the guardian is eluding service; or
                     (C)  the guardian is a nonresident of this state
  who does not have a resident agent to accept service of process in
  any guardianship proceeding or other matter relating to the
  guardianship;
               (6)  subject to Section 1203.056(a):
                     (A)  has misapplied, embezzled, or removed from
  the state, or is about to misapply, embezzle, or remove from the
  state, any of the property entrusted to the guardian's care; or
                     (B)  has neglected or cruelly treated a ward; or
               (7)  has neglected to educate or maintain the ward as
  liberally as the means of the ward and the condition of the ward's
  estate permit.  (Tex. Prob. Code, Sec. 761(a).)
         Sec. 1203.052.  REMOVAL WITH NOTICE. (a)  The court may
  remove a guardian on the court's own motion, or on the complaint of
  an interested person, after the guardian has been cited by personal
  service to answer at a time and place set in the notice, if:
               (1)  sufficient grounds appear to support a belief that
  the guardian has misapplied, embezzled, or removed from the state,
  or is about to misapply, embezzle, or remove from the state, any of
  the property entrusted to the guardian's care;
               (2)  the guardian fails to return any account or report
  that is required by law to be made;
               (3)  the guardian fails to obey a proper order of the
  court that has jurisdiction with respect to the performance of the
  guardian's duties;
               (4)  the guardian is proved to have been guilty of gross
  misconduct or mismanagement in the performance of the guardian's
  duties;
               (5)  the guardian:
                     (A)  becomes incapacitated;
                     (B)  is sentenced to the penitentiary; or
                     (C)  from any other cause, becomes incapable of
  properly performing the duties of the guardian's trust;
               (6)  the guardian neglects or cruelly treats the ward;
               (7)  the guardian neglects to educate or maintain the
  ward as liberally as the means of the ward's estate and the ward's
  ability or condition permit;
               (8)  the guardian interferes with the ward's progress
  or participation in programs in the community;
               (9)  the guardian fails to comply with the requirements
  of Subchapter G, Chapter 1104;
               (10)  the court determines that, because of the
  dissolution of the joint guardians' marriage, the termination of
  the guardians' joint appointment and the continuation of only one
  of the joint guardians as the sole guardian is in the best interest
  of the ward; or
               (11)  the guardian would be ineligible for appointment
  as a guardian under Subchapter H, Chapter 1104.
         (b)  In addition to the authority granted to the court under
  Subsection (a), the court may, on the complaint of the Guardianship
  Certification Board, remove a guardian who would be ineligible for
  appointment under Subchapter H, Chapter 1104, because of the
  guardian's failure to maintain the certification required under
  Subchapter F, Chapter 1104.  The guardian shall be cited to appear
  and contest the request for removal under this subsection in the
  manner provided by Subsection (a).  (Tex. Prob. Code, Secs. 761(c),
  (c-1).)
         Sec. 1203.053.  REMOVAL ORDER. An order removing a guardian
  shall:
               (1)  state the cause of the removal;
               (2)  require that, if the removed guardian has been
  personally served with citation, any letters of guardianship issued
  to the removed guardian be surrendered and that, regardless of
  whether the letters have been delivered, all the letters be
  canceled of record; and
               (3)  require the removed guardian to:
                     (A)  deliver any estate property in the guardian's
  possession to the persons entitled to the property or to one who has
  been appointed and has qualified as successor guardian; and
                     (B)  relinquish control of the ward's person as
  required in the order.  (Tex. Prob. Code, Sec. 761(d).)
         Sec. 1203.054.  DISCHARGE AND RELEASE FOLLOWING REMOVAL.  
  With respect to a person who is removed as guardian of the estate
  and whose successor is appointed without citation or notice as
  provided by Section 1203.102(b), the court may not discharge the
  person or release the person or the sureties on the person's bond
  until a final order has been issued or final judgment has been
  rendered on the guardian's final account.  (Tex. Prob. Code, Sec.
  761(f) (part).)
         Sec. 1203.055.  DELIVERY OF ESTATE PROPERTY TO SUCCESSOR
  GUARDIAN FOLLOWING REMOVAL. The court at any time may order a
  person removed as guardian under this subchapter who has any part of
  a ward's estate to deliver any part of the estate to a person who has
  been appointed and has qualified as successor guardian.  (Tex.
  Prob. Code, Sec. 761(g).)
         Sec. 1203.056.  REMOVAL AND REINSTATEMENT OF GUARDIAN UNDER
  CERTAIN CIRCUMSTANCES. (a)  The court may remove a guardian under
  Section 1203.051(6)(A) or (B) only on the presentation of clear and
  convincing evidence given under oath.
         (b)  Not later than the 10th day after the date the court
  signs the order of removal, a guardian who is removed under Section
  1203.051(6)(A) or (B) may file an application with the court for a
  hearing to determine whether the guardian should be reinstated.
         (c)  On the filing of an application under Subsection (b),
  the court clerk shall issue to the applicant, the ward, a person
  interested in the ward's welfare or estate, and, if applicable, a
  person who has control of the care and custody of the ward a notice
  stating:
               (1)  that an application for reinstatement has been
  filed;
               (2)  the name of the ward; and
               (3)  the name of the applicant for reinstatement.
         (d)  The notice required by Subsection (c) must cite all
  persons interested in the ward's welfare or estate to appear at the
  time and place stated in the notice if the persons wish to contest
  the application.
         (e)  If, at the conclusion of a hearing under this section,
  the court is satisfied by a preponderance of the evidence that the
  applicant did not engage in the conduct that directly led to the
  applicant's removal, the court shall:
               (1)  set aside any order appointing a successor
  guardian; and
               (2)  enter an order reinstating the applicant as
  guardian of the ward or estate.
         (f)  If the court sets aside the appointment of a successor
  guardian under this section, the court may require the successor
  guardian to prepare and file, under oath, an accounting of the
  estate and to detail the disposition the successor has made of the
  estate property. (Tex. Prob. Code, Secs. 761(b), 762.)
         Sec. 1203.057.  REMOVAL OF JOINT GUARDIAN. If a joint
  guardian is removed under Section 1203.052(a)(10), the other joint
  guardian is entitled to continue to serve as the sole guardian
  unless removed for a reason other than the dissolution of the joint
  guardians' marriage.  (Tex. Prob. Code, Sec. 761(e).)
  [Sections 1203.058-1203.100 reserved for expansion]
  SUBCHAPTER C.  APPOINTMENT OF SUCCESSOR GUARDIAN; REVOCATION OF
  LETTERS
         Sec. 1203.101.  REQUIREMENTS FOR REVOCATION OF LETTERS.
  Except as otherwise expressly provided by this title, letters of
  guardianship may be revoked only:
               (1)  on application; and
               (2)  after personal service of citation on the person
  whose letters are sought to be revoked requiring the person to
  appear and show cause why the application should not be granted.  
  (Tex. Prob. Code, Sec. 759(f).)
         Sec. 1203.102.  APPOINTMENT BECAUSE OF RESIGNATION,
  REMOVAL, OR DEATH.  (a)  If a guardian resigns, is removed, or dies,
  the court may appoint a successor guardian on application and on
  service of notice as directed by the court, except as provided by
  Subsection (b). In the event the guardian of the person or of the
  estate of a ward dies, a personal representative of the deceased
  guardian, at the time and in the manner ordered by the court, shall
  account for, pay, and deliver all guardianship property entrusted
  to the representative's care to a person legally entitled to
  receive the property.
         (b)  The court may appoint a successor guardian under this
  section without citation or notice if the court finds that a
  necessity exists for the immediate appointment. (Tex. Prob. Code,
  Secs. 695(a), 759(a), 760(b) (part), 761(f) (part).)
         Sec. 1203.103.  APPOINTMENT BECAUSE OF EXISTENCE OF PRIOR
  RIGHT. If letters of guardianship have been granted to a person and
  another person applies for letters, the previously issued letters
  shall be revoked, and letters shall be granted to the subsequent
  applicant if that applicant:
               (1)  is qualified;
               (2)  has a prior right to be appointed successor
  guardian; and
               (3)  has not waived that prior right.  (Tex. Prob. Code,
  Sec. 759(b).)
         Sec. 1203.104.  APPOINTMENT WHEN GUARDIAN NAMED IN WILL
  BECOMES AN ADULT. (a)  A person named as guardian in a will who was
  not an adult when the will was probated is entitled to have letters
  of guardianship that were granted to another person revoked and
  appropriate letters granted to the named guardian on proof that the
  named guardian has become an adult and is not otherwise
  disqualified from serving as a guardian.
         (b)  This subsection applies only if a will names two or more
  persons as guardian. A person named as a guardian in the will who
  was a minor when the will was probated may, on becoming an adult,
  qualify and receive letters of guardianship if:
               (1)  letters have been issued to the named guardians in
  the will who are adults; and
               (2)  the person is not otherwise disqualified from
  receiving letters.  (Tex. Prob. Code, Sec. 759(c).)
         Sec. 1203.105.  APPOINTMENT OF FORMERLY ILL OR ABSENT
  GUARDIAN NAMED IN WILL. (a)  This section applies only to a person
  named as guardian in a will who was ill or absent from the state when
  the testator died or the will was proved and, as a result, could
  not:
               (1)  present the will for probate not later than the
  30th day after the testator's death; or
               (2)  accept and qualify as guardian not later than the
  20th day after the date the will was probated.
         (b)  A person to whom this section applies may accept and
  qualify as guardian not later than the 60th day after the date the
  person recovers from illness or returns to the state if proof is
  presented to the court that the person was ill or absent.
         (c)  If a person accepts and qualifies as guardian under
  Subsection (b) and letters of guardianship have been issued to
  another person, the other person's letters shall be revoked.  (Tex.
  Prob. Code, Sec. 759(d).)
         Sec. 1203.106.  APPOINTMENT WHEN WILL DISCOVERED AFTER GRANT
  OF LETTERS. If, after letters of guardianship have been issued, it
  is discovered that the decedent left a lawful will, the letters
  shall be revoked and proper letters shall be issued to a person
  entitled to the letters.  (Tex. Prob. Code, Sec. 759(e).)
         Sec. 1203.107.  APPOINTMENT ON REMOVAL OF LITIGATION
  CONFLICT. The court may appoint as successor guardian a spouse,
  parent, or child of a proposed ward who was disqualified from
  serving as guardian because of a litigation conflict under Section
  1104.354(1) on the removal of the conflict that caused the
  disqualification if the spouse, parent, or child is otherwise
  qualified to serve as a guardian.  (Tex. Prob. Code, Sec. 759(h).)
         Sec. 1203.108.  APPOINTMENT OF DEPARTMENT OF AGING AND
  DISABILITY SERVICES AS SUCCESSOR GUARDIAN. (a) In this section,
  "department" means the Department of Aging and Disability Services.
         (b)  The court may appoint the department as a successor
  guardian of the person or estate, or both, of a ward who has been
  adjudicated as totally incapacitated if:
               (1)  there is no less-restrictive alternative to
  continuation of the guardianship;
               (2)  there is no family member or other suitable
  person, including a guardianship program, willing and able to serve
  as the ward's successor guardian;
               (3)  the ward is located more than 100 miles from the
  court that created the guardianship;
               (4)  the ward has private assets or access to
  government benefits to pay for the ward's needs;
               (5)  the department is served with citation and a
  hearing is held regarding the department's appointment as proposed
  successor guardian; and
               (6)  the appointment of the department does not violate
  a limitation imposed by Subsection (c).
         (c)  The number of appointments under Subsection (b) is
  subject to an annual limit of 55. The appointments must be
  distributed equally or as equally as possible among the health and
  human services regions of this state. The department, at the
  department's discretion, may establish a different distribution
  scheme to promote the efficient use and administration of
  resources.
         (d)  If the department is named as a proposed successor
  guardian in an application in which the department is not the
  applicant, citation must be issued and served on the department as
  provided by Section 1051.103(5). (Tex. Prob. Code, Secs. 695(c),
  (d), (e).)
  [Sections 1203.109-1203.150 reserved for expansion]
  SUBCHAPTER D.  SUCCESSOR GUARDIANS FOR WARDS OF GUARDIANSHIP
  PROGRAMS OR GOVERNMENTAL ENTITIES
         Sec. 1203.151.  NOTICE OF AVAILABILITY OF SUCCESSOR
  GUARDIAN. (a)  If a guardianship program or governmental entity
  serving as a guardian for a ward under this title becomes aware of a
  family member or friend of the ward, or any other interested person,
  who is willing and able to serve as the ward's successor guardian,
  the program or entity shall notify the court in which the
  guardianship is pending of the individual's willingness and ability
  to serve.
         (b)  If, while serving as a guardian for a ward under this
  title, the Department of Aging and Disability Services becomes
  aware of a guardianship program or private professional guardian
  willing and able to serve as the ward's successor guardian, and the
  department is not aware of a family member or friend of the ward, or
  any other interested person, who is willing and able to serve in
  that capacity, the department shall notify the court in which the
  guardianship is pending of the guardianship program's or private
  professional guardian's willingness and ability to serve.  (Tex.
  Prob. Code, Secs. 695A(a), (a-1).)
         Sec. 1203.152.  DETERMINATION OF PROPOSED SUCCESSOR
  GUARDIAN'S QUALIFICATION TO SERVE.  When the court is notified of
  the existence of a proposed successor guardian under Section
  1203.151(a), or the court otherwise becomes aware of a family
  member, a friend, or any other interested person who is willing and
  able to serve as a successor guardian for a ward of a guardianship
  program or governmental entity, the court shall determine whether
  the proposed successor guardian is qualified to serve under this
  title as the ward's successor guardian.  (Tex. Prob. Code, Sec.
  695A(b).)
         Sec. 1203.153.  APPLICATION TO APPOINT SUCCESSOR GUARDIAN.  
  (a)  If the court finds under Section 1203.152 that the proposed
  successor guardian for a ward is not disqualified from being
  appointed as the ward's successor guardian under Subchapter H,
  Chapter 1104, and that the appointment is in the ward's best
  interests, the guardianship program or governmental entity serving
  as the ward's guardian or the court, on the court's own motion, may
  file an application to appoint the individual as the ward's
  successor guardian.
         (b)  Service of notice on an application filed under this
  section shall be made as directed by the court.  (Tex. Prob. Code,
  Sec. 695A(c).)
  [Sections 1203.154-1203.200 reserved for expansion]
  SUBCHAPTER E.  PROCEDURES AFTER RESIGNATION, REMOVAL, OR DEATH OF
  GUARDIAN
         Sec. 1203.201.  PAYMENT TO WARD WHILE OFFICE OF GUARDIAN IS
  VACANT. (a)  A debtor, obligor, or payor may pay or tender money or
  another thing of value falling due to a ward while the office of
  guardian is vacant to the court clerk for the credit of the ward.
         (b)  Payment or tender under Subsection (a) discharges the
  debtor, obligor, or payor of the obligation for all purposes to the
  extent and purpose of the payment or tender.
         (c)  The court clerk shall issue a receipt for any payment or
  tender accepted under this section.  (Tex. Prob. Code, Sec.
  759(g).)
         Sec. 1203.202.  RIGHTS, POWERS, AND DUTIES OF SUCCESSOR
  GUARDIAN. (a)  A successor guardian has the rights and powers and
  is subject to all the duties of the predecessor.
         (b)  A guardian who accepts appointment and qualifies after
  letters of guardianship have been granted on the estate shall:
               (1)  succeed in like manner to the predecessor; and
               (2)  administer the estate in like manner as if the
  guardian's administration were a continuation of the former
  administration.
         (c)  A successor guardian may:
               (1)  make himself or herself, and be made, a party to a
  suit prosecuted by or against the successor's predecessor;
               (2)  settle with the predecessor and receive and give a
  receipt for any portion of the estate property that remains in the
  successor's possession; or
               (3)  commence a suit on the bond or bonds of the
  predecessor, in the successor's own name and capacity, for all the
  estate property that:
                     (A)  came into the predecessor's possession; and
                     (B)  has not been accounted for by the
  predecessor.  (Tex. Prob. Code, Secs. 695(b), 763, 764.)
         Sec. 1203.203.  SUCCESSOR GUARDIAN TO RETURN INVENTORY,
  APPRAISEMENT, AND LIST OF CLAIMS. (a)  A successor guardian who has
  qualified to succeed a former guardian shall, in the manner
  required of an original appointee:
               (1)  make and return to the court an inventory,
  appraisement, and list of claims of the estate not later than the
  30th day after the date the successor qualifies; and
               (2)  return additional inventories, appraisements, and
  lists of claims.
         (b)  On the application of any person interested in the
  estate, the court shall, in an order appointing a successor
  guardian, appoint an appraiser as in an original appointment of a guardian.  (Tex. Prob. Code, Sec. 765.)
 
  CHAPTER 1204. FINAL SETTLEMENT, ACCOUNTING, AND DISCHARGE
  SUBCHAPTER A. TIME FOR SETTLEMENT OF GUARDIANSHIP
  Sec. 1204.001.  SETTLEMENT OF GUARDIANSHIP 
  Sec. 1204.002.  APPOINTMENT OF ATTORNEY AD LITEM TO
                   REPRESENT WARD IN FINAL SETTLEMENT
                   UNDER CERTAIN CIRCUMSTANCES 
  [Sections 1204.003-1204.050 reserved for expansion]
  SUBCHAPTER B. PAYMENT OF CERTAIN EXPENSES AND DEBTS
  Sec. 1204.051.  FUNERAL ARRANGEMENTS AND OTHER DEBTS;
                   ACCOUNT FOR FINAL SETTLEMENT ON
                   COMPLAINT OF PERSONAL REPRESENTATIVE 
  Sec. 1204.052.  TAXES AND EXPENSES OF ADMINISTRATION;
                   SALE OF ESTATE PROPERTY 
  Sec. 1204.053.  INHERITANCE TAXES; LIMITATION ON
                   CLOSING ESTATE 
  [Sections 1204.054-1204.100 reserved for expansion]
  SUBCHAPTER C. ACCOUNT FOR FINAL SETTLEMENT
  Sec. 1204.101.  VERIFIED ACCOUNT REQUIRED 
  Sec. 1204.102.  CONTENTS OF ACCOUNT 
  Sec. 1204.103.  CERTAIN DEBTS EXCLUDED FROM SETTLEMENT
                   COMPUTATION 
  Sec. 1204.104.  GUARDIAN TO ACCOUNT FOR WARD'S LABOR OR
                   SERVICES 
  Sec. 1204.105.  CITATION AND NOTICE ON PRESENTATION OF
                   ACCOUNT 
  Sec. 1204.106.  EXAMINATION OF AND HEARING ON ACCOUNT 
  Sec. 1204.107.  ASSETS BECOMING DUE PENDING FINAL
                   SETTLEMENT; RECEIPT AND DISCHARGE 
  Sec. 1204.108.  DELIVERY OF WARD'S PROPERTY IN
                   POSSESSION OF GUARDIAN OF THE PERSON
                   ON SETTLEMENT OF GUARDIANSHIP OF THE
                   ESTATE 
  Sec. 1204.109.  DELIVERY OF REMAINING ESTATE PROPERTY 
  [Sections 1204.110-1204.150 reserved for expansion]
  SUBCHAPTER D. CLOSING OF GUARDIANSHIP AND DISCHARGE OF GUARDIAN
  Sec. 1204.151.  DISCHARGE OF GUARDIAN WHEN NO ESTATE
                   PROPERTY REMAINS 
  Sec. 1204.152.  DISCHARGE OF GUARDIAN WHEN ESTATE FULLY
                   ADMINISTERED 
  [Sections 1204.153-1204.200 reserved for expansion]
  SUBCHAPTER E. FAILURE OF GUARDIAN TO ACT
  Sec. 1204.201.  FAILURE TO PRESENT FINAL ACCOUNT OR
                   REPORT 
  Sec. 1204.202.  LIABILITY FOR FAILURE TO DELIVER ESTATE
                   PROPERTY 
  CHAPTER 1204. FINAL SETTLEMENT, ACCOUNTING, AND DISCHARGE
  SUBCHAPTER A. TIME FOR SETTLEMENT OF GUARDIANSHIP
         Sec. 1204.001.  SETTLEMENT OF GUARDIANSHIP.  (a)  A
  guardianship shall be settled and closed as provided by this
  section and Section 1202.001.
         (b)  A guardianship of the estate of a ward shall be settled
  when:
               (1)  the ward dies;
               (2)  a minor ward becomes an adult by:
                     (A)  becoming 18 years of age;
                     (B)  removal of disabilities of minority
  according to the law of this state; or
                     (C)  marriage;
               (3)  an incapacitated ward is decreed as provided by
  law to have been restored to full legal capacity;
               (4)  the spouse of a married ward has qualified as
  survivor in community and the ward does not own separate property;
               (5)  the ward's estate is exhausted;
               (6)  the foreseeable income accruing to the ward or to
  the ward's estate is so negligible that maintaining the
  guardianship in force would be burdensome;
               (7)  all of the assets of the estate have been placed in
  a management trust under Chapter 1301 and the court determines that
  a guardianship for the ward is no longer necessary; or
               (8)  the court determines for any other reason that a
  guardianship for the ward is no longer necessary.
         (c)  In a case arising under Subsection (b)(6), the court may
  authorize the income to be paid to a parent, or other person who has
  acted as guardian of the ward, to assist in the maintenance of the
  ward and without liability to account to the court for the income.
         (d)  If the estate of a minor ward consists only of cash or
  cash equivalents in an amount of $100,000 or less, the guardianship
  of the estate may be terminated and the assets paid to the county
  clerk of the county in which the guardianship proceeding is
  pending, and the clerk shall manage the funds as provided by Chapter
  1355.
         (e)  In the settlement of a guardianship of the estate, the
  court may appoint an attorney ad litem to represent the ward's
  interests and may allow the attorney reasonable compensation for
  services provided by the attorney out of the ward's estate.  (Tex.
  Prob. Code, Sec. 745; New.)
         Sec. 1204.002.  APPOINTMENT OF ATTORNEY AD LITEM TO
  REPRESENT WARD IN FINAL SETTLEMENT UNDER CERTAIN CIRCUMSTANCES.
  (a) The court may appoint an attorney ad litem to represent the
  ward's interest in the final settlement with the guardian if:
               (1)  the ward is deceased and there is no executor or
  administrator of the ward's estate;
               (2)  the ward is a nonresident; or
               (3)  the ward's residence is unknown.
         (b)  The court shall allow the attorney ad litem appointed
  under this section reasonable compensation out of the ward's estate
  for any services provided by the attorney. (Tex. Prob. Code, Sec.
  755.)
  [Sections 1204.003-1204.050 reserved for expansion]
  SUBCHAPTER B. PAYMENT OF CERTAIN EXPENSES AND DEBTS
         Sec. 1204.051.  FUNERAL ARRANGEMENTS AND OTHER DEBTS;
  ACCOUNT FOR FINAL SETTLEMENT ON COMPLAINT OF PERSONAL
  REPRESENTATIVE. Before a guardianship of the person or estate of a
  ward is closed on the ward's death, the guardian may, subject to the
  court's approval, make all funeral arrangements and pay the funeral
  expenses and all other debts out of the deceased ward's estate.  If
  a personal representative of the estate of a deceased ward is
  appointed, the court shall on the written complaint of the personal
  representative have the guardian of the deceased ward cited to
  appear and present an account for final settlement as provided by
  Section 1204.101.  (Tex. Prob. Code, Sec. 746.)
         Sec. 1204.052.  TAXES AND EXPENSES OF ADMINISTRATION; SALE
  OF ESTATE PROPERTY. Notwithstanding any other provision of this
  title, a probate court in which proceedings to declare heirship are
  maintained may order:
               (1)  the guardian to pay any taxes or expenses of
  administering the estate; and
               (2)  the sale of property in the ward's estate, when
  necessary, to:
                     (A)  pay the taxes or expenses of administering
  the estate; or
                     (B)  distribute the estate among the heirs. (Tex.
  Prob. Code, Sec. 748.)
         Sec. 1204.053.  INHERITANCE TAXES; LIMITATION ON CLOSING
  ESTATE. If the guardian has been ordered to pay inheritance taxes
  under this code, a deceased ward's estate may not be closed unless
  the account for final settlement shows and the court finds that all
  inheritance taxes due and owing to this state with respect to all
  interests and property passing through the guardian's possession
  have been paid. (Tex. Prob. Code, Sec. 754.)
  [Sections 1204.054-1204.100 reserved for expansion]
  SUBCHAPTER C. ACCOUNT FOR FINAL SETTLEMENT
         Sec. 1204.101.  VERIFIED ACCOUNT REQUIRED. A guardian of
  the estate shall present to the court the guardian's verified
  account for final settlement when the guardianship of the estate is
  required to be settled. (Tex. Prob. Code, Sec. 749 (part).)
         Sec. 1204.102.  CONTENTS OF ACCOUNT. (a) Except as provided
  by Subsection (b), it is sufficient for an account for final
  settlement to:
               (1)  refer to the inventory without describing each
  item of property in detail; and
               (2)  refer to and adopt any guardianship proceeding
  concerning sales, renting, leasing for mineral development, or any
  other transaction on behalf of the guardianship estate, including
  an exhibit, account, or voucher previously filed and approved,
  without restating the particular items.
         (b)  An account for final settlement shall be accompanied by
  proper vouchers supporting each item included in the account for
  which the guardian has not already accounted and, either by
  reference to any proceeding described by Subsection (a) or by a
  statement of the facts, must show:
               (1)  the property, rents, revenues, and profits
  received by the guardian, and belonging to the ward, during the term
  of the guardianship;
               (2)  the disposition made of the property, rents,
  revenues, and profits;
               (3)  any expenses and debts against the estate that
  remain unpaid;
               (4)  any estate property that remains in the guardian's
  possession;
               (5)  that the guardian has paid all required bond
  premiums;
               (6)  the tax returns the guardian has filed during the
  guardianship;
               (7)  the amount of taxes the ward owed during the
  guardianship that the guardian has paid;
               (8)  a complete account of the taxes the guardian has
  paid during the guardianship, including:
                     (A)  the amount of the taxes;
                     (B)  the date the guardian paid the taxes; and
                     (C)  the name of the governmental entity to which
  the guardian paid the taxes;
               (9)  a description of all current delinquencies in the
  filing of tax returns and the payment of taxes, including a reason
  for each delinquency; and
               (10)  other facts as appear necessary to a full and
  definite understanding of the exact condition of the guardianship.
  (Tex. Prob. Code, Sec. 749 (part).)
         Sec. 1204.103.  CERTAIN DEBTS EXCLUDED FROM SETTLEMENT
  COMPUTATION. In the settlement of any of the accounts of the
  guardian of the estate, all debts due the estate that the court is
  satisfied could not have been collected by due diligence and that
  have not been collected shall be excluded from the computation.
  (Tex. Prob. Code, Sec. 756.)
         Sec. 1204.104.  GUARDIAN TO ACCOUNT FOR WARD'S LABOR OR
  SERVICES. (a) Subject to Subsection (b), the guardian of a ward
  shall account for:
               (1)  the reasonable value of labor or services provided
  by the ward; or
               (2)  the proceeds of labor or services provided by the
  ward.
         (b)  The guardian is entitled to reasonable credits for the
  board, clothing, and maintenance of the ward. (Tex. Prob. Code,
  Sec. 757.)
         Sec. 1204.105.  CITATION AND NOTICE ON PRESENTATION OF
  ACCOUNT. (a)  On presentation of an account for final settlement by
  a guardian of the estate of a ward, the county clerk shall issue
  citation to the persons and in the manner provided by this section.
         (b)  Citation issued under Subsection (a) must contain:
               (1)  a statement that an account for final settlement
  has been presented;
               (2)  the time and place the court will consider the
  account; and
               (3)  a statement requiring the person cited to appear
  and contest the account, if the person determines contesting the
  account is proper.
         (c)  Except as provided by Subsection (d) or (e), the county
  clerk shall:
               (1)  issue a citation to be personally served on a ward
  if:
                     (A)  the ward is 14 years of age or older;
                     (B)  the ward is a living resident of this state;
  and
                     (C)  the ward's residence is known;
               (2)  issue a citation to be personally served on the
  executor or administrator of a deceased ward's estate, if one has
  been appointed; and
               (3)  issue a citation to a ward or the ward's estate by
  publication, or by posting if directed by written court order, if:
                     (A)  the ward's residence is unknown;
                     (B)  the ward is not a resident of this state; or
                     (C)  the ward is deceased and no representative of
  the ward's estate has been appointed and has qualified in this
  state.
         (d)  The ward, in person or by attorney, may waive by writing
  filed with the county clerk the issuance and personal service of
  citation required by Subsection (c)(1).
         (e)  Service of citation is not required under Subsection
  (c)(2) if the executor or administrator is the same person as the
  guardian.
         (f)  The court may allow the waiver of notice of an account
  for final settlement in a guardianship proceeding.
         (g)  The court by written order shall require additional
  notice if the court considers the additional notice necessary.
  (Tex. Prob. Code, Sec. 751.)
         Sec. 1204.106.  EXAMINATION OF AND HEARING ON ACCOUNT. (a)
  On the court's satisfaction that citation has been properly served
  on all persons interested in the guardianship estate, the court
  shall examine the account for final settlement and the accompanying
  vouchers.
         (b)  After hearing all exceptions or objections to the
  account and evidence in support of or against the account, the court
  shall audit and settle the account and, if necessary, restate the
  account. (Tex. Prob. Code, Sec. 752(a).)
         Sec. 1204.107.  ASSETS BECOMING DUE PENDING FINAL
  SETTLEMENT; RECEIPT AND DISCHARGE.  (a)  This section does not apply
  to money or another thing of value held under Section 1105.153.
         (b)  Until the order of final discharge of the guardian is
  entered in the judge's guardianship docket, money or another thing
  of value falling due to the ward or the ward's estate while the
  account for final settlement is pending may be paid or tendered to
  the emancipated ward, the guardian, or the personal representative
  of the deceased ward's estate.  The ward, guardian, or personal
  representative to whom the money or other thing of value is paid or
  tendered shall issue a receipt for the money or other thing of
  value, and the obligor or payor is discharged of the obligation for
  all purposes. (Tex. Prob. Code, Sec. 753.)
         Sec. 1204.108.  DELIVERY OF WARD'S PROPERTY IN POSSESSION OF
  GUARDIAN OF THE PERSON ON SETTLEMENT OF GUARDIANSHIP OF THE ESTATE.
  (a)  If the guardianship of a ward is required to be settled as
  provided by Section 1204.001, the guardian of the person shall
  deliver all of the ward's property in the guardian's possession or
  control to the emancipated ward or other person entitled to the
  property. If the ward is deceased, the guardian shall deliver the
  property to the personal representative of the deceased ward's
  estate or other person entitled to the property.
         (b)  If none of the ward's property is in the guardian of the
  person's possession or control, the guardian shall, not later than
  the 60th day after the date the guardianship is required to be
  settled, file with the court a sworn affidavit that states:
               (1)  the reason the guardianship was terminated; and
               (2)  to whom the ward's property in the guardian's
  possession was delivered.
         (c)  The judge may issue orders as necessary for the best
  interests of the ward or the deceased ward's estate.
         (d)  This section does not discharge a guardian of the person
  from liability for breach of the guardian's fiduciary duties.  
  (Tex. Prob. Code, Sec. 747.)
         Sec. 1204.109.  DELIVERY OF REMAINING ESTATE PROPERTY. On
  final settlement of a guardianship estate, the court shall order
  that any part of the estate that remains in the guardian's
  possession be delivered to:
               (1)  the ward;
               (2)  the personal representative of the ward's estate,
  if the ward is deceased and a personal representative has been
  appointed; or
               (3)  any other person legally entitled to the estate.
  (Tex. Prob. Code, Sec. 752(b).)
  [Sections 1204.110-1204.150 reserved for expansion]
  SUBCHAPTER D. CLOSING OF GUARDIANSHIP AND DISCHARGE OF GUARDIAN
         Sec. 1204.151.  DISCHARGE OF GUARDIAN WHEN NO ESTATE
  PROPERTY REMAINS. The court shall enter an order discharging a
  guardian from the guardian's trust and closing the guardianship
  estate if, on final settlement of the estate, none of the estate
  remains in the guardian's possession. (Tex. Prob. Code, Sec.
  752(c).)
         Sec. 1204.152.  DISCHARGE OF GUARDIAN WHEN ESTATE FULLY
  ADMINISTERED. The court shall enter an order discharging a
  guardian of the estate from the guardian's trust and declaring the
  estate closed when:
               (1)  the guardian has fully administered the estate in
  accordance with this title and the court's orders;
               (2)  the guardian's account for final settlement has
  been approved; and
               (3)  the guardian has delivered all of the estate
  remaining in the guardian's possession to any person entitled to
  receive the estate. (Tex. Prob. Code, Sec. 752(d).)
  [Sections 1204.153-1204.200 reserved for expansion]
  SUBCHAPTER E. FAILURE OF GUARDIAN TO ACT
         Sec. 1204.201.  FAILURE TO PRESENT FINAL ACCOUNT OR REPORT.
  (a) The court may, on the court's own motion, and shall, on the
  written complaint of the emancipated ward or anyone interested in
  the ward or the ward's estate, have the guardian who is charged with
  the duty of presenting a final account or report cited to appear and
  present the account or report within the time specified in the
  citation if the guardian failed or neglected to present the account
  or report at the proper time.
         (b)  If a written complaint has not been filed by anyone
  interested in the guardianship of the person or estate of a minor or
  deceased ward, on or after the third anniversary of the date the
  minor ward reaches the age of majority or the date the ward dies, as
  applicable, the court may remove the estate from the court's active
  docket without a final accounting and without appointing a
  successor personal representative.
         (c)  If a complaint has not been filed by anyone interested
  in the estate of a ward whose whereabouts are unknown to the court,
  on or after the fourth anniversary of the date the ward's
  whereabouts became unknown to the court, the court may remove the
  estate from the court's active docket without a final accounting
  and without appointing a successor personal representative. (Tex.
  Prob. Code, Sec. 750.)
         Sec. 1204.202.  LIABILITY FOR FAILURE TO DELIVER ESTATE
  PROPERTY. (a) On final settlement or termination of the
  guardianship of the estate, if the guardian neglects when legally
  demanded to deliver a portion of the estate or any funds or money in
  the guardian's possession ordered to be delivered to a person
  entitled to that property, the person may file with the court clerk
  a written complaint alleging:
               (1)  the fact of the neglect;
               (2)  the date of the person's demand; and
               (3)  other relevant facts.
         (b)  After the filing of a complaint under Subsection (a),
  the court clerk shall issue a citation to be served personally on
  the guardian. The citation must:
               (1)  apprise the guardian of the complaint; and
               (2)  cite the guardian to appear before the court and
  answer, if the guardian desires, at a time designated in the
  citation.
         (c)  If at the hearing the court finds that the citation was
  properly served and returned, and that the guardian is guilty of the
  neglect charged, the court shall enter an order to that effect.
         (d)  If the court enters an order under Subsection (c), the
  guardian is liable to the person who filed the complaint under
  Subsection (a) for damages at the rate of 10 percent of the amount
  or appraised value of the money or estate withheld, per month, for
  each month or fraction of a month that the estate or money of a
  guardianship of the estate, or on termination of guardianship of
  the person, or funds is or has been withheld by the guardian after
  the date of demand. Damages under this subsection may be recovered
  in any court of competent jurisdiction. (Tex. Prob. Code, Sec.
  758.)
 
  SUBTITLE G. SPECIAL TYPES OF GUARDIANSHIPS
  CHAPTER 1251. TEMPORARY GUARDIANSHIPS
  SUBCHAPTER A. APPOINTMENT OF TEMPORARY GUARDIAN GENERALLY
  Sec. 1251.001.  APPOINTMENT OF TEMPORARY GUARDIAN 
  Sec. 1251.002.  NO PRESUMPTION OF INCAPACITY 
  Sec. 1251.003.  APPLICATION 
  Sec. 1251.004.  APPOINTMENT OF ATTORNEY 
  Sec. 1251.005.  NOTICE OF APPLICATION 
  Sec. 1251.006.  SCHEDULING OF HEARING 
  Sec. 1251.007.  MOTION FOR DISMISSAL OF APPLICATION 
  Sec. 1251.008.  RIGHTS OF PROPOSED WARD AT HEARING 
  Sec. 1251.009.  APPEARANCE BY PROPOSED TEMPORARY
                   GUARDIAN IN CERTAIN CIRCUMSTANCES 
  Sec. 1251.010.  ORDER APPOINTING TEMPORARY GUARDIAN 
  Sec. 1251.011.  CERTAIN AGENCY AS TEMPORARY GUARDIAN 
  Sec. 1251.012.  TEMPORARY GUARDIAN'S BOND 
  Sec. 1251.013.  COURT COSTS 
  [Sections 1251.014-1251.050 reserved for expansion]
  SUBCHAPTER B. TEMPORARY GUARDIANSHIP PENDING CHALLENGE OR CONTEST
  OF CERTAIN GUARDIANSHIP APPLICATIONS
  Sec. 1251.051.  AUTHORITY TO APPOINT TEMPORARY GUARDIAN
                   OR GRANT RESTRAINING ORDER 
  Sec. 1251.052.  QUALIFICATION AND DURATION OF CERTAIN
                   TEMPORARY GUARDIANSHIPS 
  [Sections 1251.053-1251.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES OF TEMPORARY GUARDIANS
  Sec. 1251.101.  AUTHORITY OF TEMPORARY GUARDIAN 
  Sec. 1251.102.  APPLICABILITY OF GUARDIANSHIP
                   PROVISIONS 
  [Sections 1251.103-1251.150 reserved for expansion]
  SUBCHAPTER D. EXPIRATION AND CLOSING OF TEMPORARY GUARDIANSHIP
  Sec. 1251.151.  DURATION OF TEMPORARY GUARDIANSHIP 
  Sec. 1251.152.  ACCOUNTING 
  Sec. 1251.153.  DELIVERY OF ESTATE; DISCHARGE OF
                   TEMPORARY GUARDIAN 
  CHAPTER 1251. TEMPORARY GUARDIANSHIPS
  SUBCHAPTER A. APPOINTMENT OF TEMPORARY GUARDIAN GENERALLY
         Sec. 1251.001.  APPOINTMENT OF TEMPORARY GUARDIAN. (a) A
  court shall appoint a temporary guardian, with limited powers as
  the circumstances of the case require, if the court:
               (1)  is presented with substantial evidence that a
  person may be an incapacitated person; and
               (2)  has probable cause to believe that the person, the
  person's estate, or both require the immediate appointment of a
  guardian.
         (b)  The person for whom a temporary guardian is appointed
  under this chapter retains all rights and powers that are not
  specifically granted to the person's temporary guardian by court
  order. (Tex. Prob. Code, Secs. 875(a), (b).)
         Sec. 1251.002.  NO PRESUMPTION OF INCAPACITY. A person for
  whom a temporary guardian is appointed under this chapter may not be
  presumed to be incapacitated. (Tex. Prob. Code, Sec. 874.)
         Sec. 1251.003.  APPLICATION. (a)  A sworn, written
  application for the appointment of a temporary guardian shall be
  filed before the court appoints a temporary guardian.
         (b)  The application must state:
               (1)  the name and address of the person who is the
  subject of the guardianship proceeding;
               (2)  the danger to the person or property alleged to be
  imminent;
               (3)  the type of appointment and the particular
  protection and assistance being requested;
               (4)  the facts and reasons supporting the allegations
  and requests;
               (5)  the proposed temporary guardian's name, address,
  and qualification;
               (6)  the applicant's name, address, and interest; and
               (7)  if applicable, that the proposed temporary
  guardian is a private professional guardian who is certified under
  Subchapter C, Chapter 111, Government Code, and has complied with
  the requirements of Subchapter G, Chapter 1104.  (Tex. Prob. Code,
  Sec. 875(c).)
         Sec. 1251.004.  APPOINTMENT OF ATTORNEY. On the filing of an
  application for temporary guardianship, the court shall appoint an
  attorney to represent the proposed ward in all guardianship
  proceedings in which independent counsel has not been retained by
  or on behalf of the proposed ward. (Tex. Prob. Code, Sec. 875(d).)
         Sec. 1251.005.  NOTICE OF APPLICATION. (a) On the filing of
  an application for temporary guardianship, the clerk shall issue
  notice to be served on:
               (1)  the proposed ward;
               (2)  the proposed ward's appointed attorney; and
               (3)  the proposed temporary guardian named in the
  application, if that person is not the applicant.
         (b)  The notice must describe:
               (1)  the rights of the parties; and
               (2)  the date, time, place, purpose, and possible
  consequences of a hearing on the application.
         (c)  A copy of the application must be attached to the
  notice. (Tex. Prob. Code, Sec. 875(e).)
         Sec. 1251.006.  SCHEDULING OF HEARING. (a)  Immediately
  after an application for a temporary guardianship is filed, the
  court shall issue an order setting a certain date for the hearing on
  the application.
         (b)  Unless postponed as provided by Subsection (c), a
  hearing shall be held not later than the 10th day after the date the
  application for temporary guardianship is filed.
         (c)  The proposed ward or the proposed ward's attorney may
  consent to postpone the hearing on the application for temporary
  guardianship for a period not to exceed 30 days after the date the
  application is filed.
         (d)  An application for temporary guardianship takes
  precedence over all matters except older matters of the same
  character.  (Tex. Prob. Code, Secs. 875(f)(1) (part), (2), (3),
  (4).)
         Sec. 1251.007.  MOTION FOR DISMISSAL OF APPLICATION. (a)
  Subject to Subsection (b), the proposed ward or the proposed ward's
  attorney may appear and move for the dismissal of the application
  for temporary guardianship.
         (b)  At least one day before making a motion under Subsection
  (a), the proposed ward or the proposed ward's attorney shall
  provide notice to the party who filed the application for temporary
  guardianship.
         (c)  If a motion is made for dismissal of the application for
  temporary guardianship, the court shall hear and determine the
  motion as expeditiously as justice requires.  (Tex. Prob. Code,
  Sec. 875(f)(5).)
         Sec. 1251.008.  RIGHTS OF PROPOSED WARD AT HEARING. At a
  hearing under this subchapter, the proposed ward has the right to:
               (1)  receive prior notice;
               (2)  be represented by counsel;
               (3)  be present;
               (4)  present evidence;
               (5)  confront and cross-examine witnesses; and
               (6)  a closed hearing if requested by the proposed ward
  or the proposed ward's attorney.  (Tex. Prob. Code, Sec. 875(f)(1)
  (part).)
         Sec. 1251.009.  APPEARANCE BY PROPOSED TEMPORARY GUARDIAN IN
  CERTAIN CIRCUMSTANCES.  If the applicant for a temporary
  guardianship is not the proposed temporary guardian, a temporary
  guardianship may not be granted before a hearing on the application
  required by Section 1251.006(b) unless the proposed temporary
  guardian appears in court. (Tex. Prob. Code, Sec. 875(f)(6).)
         Sec. 1251.010.  ORDER APPOINTING TEMPORARY GUARDIAN. (a)
  The court shall appoint a temporary guardian by written order if, at
  the conclusion of the hearing required by Section 1251.006(b), the
  court determines that the applicant has established that there is
  substantial evidence that the proposed ward is an incapacitated
  person, that there is imminent danger that the proposed ward's
  physical health or safety will be seriously impaired, or that the
  proposed ward's estate will be seriously damaged or dissipated
  unless immediate action is taken.
         (b)  The court shall assign to the temporary guardian only
  those powers and duties that are necessary to protect the proposed
  ward against the imminent danger shown.
         (c)  The order appointing the temporary guardian must
  describe:
               (1)  the reasons for the temporary guardianship; and
               (2)  the powers and duties of the temporary guardian.
  (Tex. Prob. Code, Sec. 875(g) (part).)
         Sec. 1251.011.  CERTAIN AGENCY AS TEMPORARY GUARDIAN. A
  court may not ordinarily appoint the Department of Aging and
  Disability Services as a temporary guardian under this chapter.  
  The appointment of the department as a temporary guardian under
  this chapter should be made only as a last resort.  (Tex. Prob.
  Code, Sec. 875(j).)
         Sec. 1251.012.  TEMPORARY GUARDIAN'S BOND.  The court shall
  set bond for a temporary guardian according to Chapter 1105.  (Tex.
  Prob. Code, Sec. 875(g) (part).)
         Sec. 1251.013.  COURT COSTS. If the court appoints a
  temporary guardian after the hearing required by Section
  1251.006(b), all court costs, including attorney's fees, may be
  assessed as provided by Sections 1155.051, 1155.151, and 665B.
  (Tex. Prob. Code, Sec. 875(i).)
  [Sections 1251.014-1251.050 reserved for expansion]
  SUBCHAPTER B. TEMPORARY GUARDIANSHIP PENDING CHALLENGE OR CONTEST
  OF CERTAIN GUARDIANSHIP APPLICATIONS
         Sec. 1251.051.  AUTHORITY TO APPOINT TEMPORARY GUARDIAN OR
  GRANT RESTRAINING ORDER. The court, on the court's own motion or on
  the motion of any interested party, may appoint a temporary
  guardian or grant a temporary restraining order under Rule 680,
  Texas Rules of Civil Procedure, or both, without issuing additional
  citation if:
               (1)  an application for a temporary guardianship, for
  the conversion of a temporary guardianship to a permanent
  guardianship, or for a permanent guardianship is challenged or
  contested; and
               (2)  the court finds that the appointment or the
  issuance of the order is necessary to protect the proposed ward or
  the proposed ward's estate. (Tex. Prob. Code, Sec. 875(k).)
         Sec. 1251.052.  QUALIFICATION AND DURATION OF CERTAIN
  TEMPORARY GUARDIANSHIPS. (a)  A temporary guardian appointed under
  Section 1251.051 must qualify in the same form and manner required
  of a guardian under this title.
         (b)  The term of a temporary guardian appointed under Section
  1251.051 expires:
               (1)  at the conclusion of the hearing challenging or
  contesting the application; or
               (2)  on the date a permanent guardian appointed by the
  court for the proposed ward qualifies to serve as the ward's
  guardian.  (Tex. Prob. Code, Sec. 875(l).)
  [Sections 1251.053-1251.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES OF TEMPORARY GUARDIANS
         Sec. 1251.101.  AUTHORITY OF TEMPORARY GUARDIAN. (a)  When
  the temporary guardian files the oath and bond required under this
  title, the court order appointing the temporary guardian takes
  effect without the necessity for issuance of letters of
  guardianship.
         (b)  The clerk shall note compliance with the oath and bond
  requirements by the appointed temporary guardian on a certificate
  attached to the order.
         (c)  The order appointing the temporary guardian is evidence
  of the temporary guardian's authority to act within the scope of the
  powers and duties stated in the order.
         (d)  The clerk may not issue certified copies of the order
  until the oath and bond requirements are satisfied. (Tex. Prob.
  Code, Sec. 876.)
         Sec. 1251.102.  APPLICABILITY OF GUARDIANSHIP PROVISIONS.
  The provisions of this title relating to the guardianship of the
  persons and estates of incapacitated persons apply to the temporary
  guardianship of the persons and estates of incapacitated persons,
  to the extent the provisions may be made applicable. (Tex. Prob.
  Code, Sec. 877.)
  [Sections 1251.103-1251.150 reserved for expansion]
  SUBCHAPTER D. EXPIRATION AND CLOSING OF TEMPORARY GUARDIANSHIP
         Sec. 1251.151.  DURATION OF TEMPORARY GUARDIANSHIP. Except
  as provided by Section 1251.052, a temporary guardianship may not
  remain in effect for more than 60 days. (Tex. Prob. Code, Sec.
  875(h).)
         Sec. 1251.152.  ACCOUNTING. (a)  At the expiration of a
  temporary guardianship, the temporary guardian shall file with the
  court clerk:
               (1)  a sworn list of all estate property that has come
  into the temporary guardian's possession;
               (2)  a return of all sales made by the temporary
  guardian; and
               (3)  a full exhibit and account of all the temporary
  guardian's acts as temporary guardian.
         (b)  The court shall act on the list, return, exhibit, and
  account filed under Subsection (a).  (Tex. Prob. Code, Secs. 878,
  879 (part).)
         Sec. 1251.153.  DELIVERY OF ESTATE; DISCHARGE OF TEMPORARY
  GUARDIAN. (a)  When temporary letters expire or cease to be
  effective for any reason, the court immediately shall enter an
  order requiring the temporary guardian to deliver the estate
  remaining in the temporary guardian's possession to the person
  legally entitled to possession of the estate.
         (b)  On proof of delivery under Subsection (a):
               (1)  the temporary guardian shall be discharged; and
               (2)  the sureties on the temporary guardian's bond
  shall be released as to future liability. (Tex. Prob. Code, Sec. 879 (part).)
 
  CHAPTER 1252. GUARDIANSHIPS FOR NONRESIDENT WARDS
  SUBCHAPTER A.  RESIDENT GUARDIAN OF NONRESIDENT WARD'S ESTATE
  Sec. 1252.001.  GRANTING OF GUARDIANSHIP OF ESTATE FOR
                   NONRESIDENT 
  Sec. 1252.002.  COURT ACTIONS AND ORDERS CONCERNING
                   ESTATE 
  Sec. 1252.003.  CLOSING RESIDENT GUARDIANSHIP 
  [Sections 1252.004-1252.050 reserved for expansion]
  SUBCHAPTER B. NONRESIDENT GUARDIAN OF NONRESIDENT WARD'S ESTATE
  Sec. 1252.051.  APPOINTMENT AND QUALIFICATION OF
                   NONRESIDENT GUARDIAN 
  Sec. 1252.052.  APPOINTMENT; ISSUANCE OF LETTERS OF
                   GUARDIANSHIP 
  Sec. 1252.053.  INVENTORY AND APPRAISEMENT;
                   ADMINISTRATION OF ESTATE 
  Sec. 1252.054.  DELIVERY OF ESTATE TO CERTAIN GUARDIANS 
  Sec. 1252.055.  REMOVAL OF WARD'S PROPERTY FROM STATE
                   BY NONRESIDENT GUARDIAN 
  CHAPTER 1252. GUARDIANSHIPS FOR NONRESIDENT WARDS
  SUBCHAPTER A.  RESIDENT GUARDIAN OF NONRESIDENT WARD'S ESTATE
         Sec. 1252.001.  GRANTING OF GUARDIANSHIP OF ESTATE FOR
  NONRESIDENT. (a)  A guardianship of the estate of a nonresident
  incapacitated person who owns property in this state may be
  granted, if necessary, in the same manner as for the property of a
  resident of this state.
         (b)  A court in the county in which the principal estate of
  the nonresident incapacitated person is located has jurisdiction to
  appoint the guardian. (Tex. Prob. Code, Sec. 882 (part).)
         Sec. 1252.002.  COURT ACTIONS AND ORDERS CONCERNING ESTATE.  
  The court shall take all actions and make all necessary orders with
  respect to the estate described by Section 1252.001 of a
  nonresident ward for the maintenance, support, care, or education
  of the ward out of the proceeds of the estate, in the same manner as
  if the ward were a resident of this state sent abroad by the court
  for education or treatment.  (Tex. Prob. Code, Sec. 882 (part).)
         Sec. 1252.003.  CLOSING RESIDENT GUARDIANSHIP. The court
  shall close a resident guardianship of an estate granted under this
  subchapter if a qualified nonresident guardian of the estate later
  qualifies in this state under Section 1252.051 as a nonresident
  guardian.  (Tex. Prob. Code, Sec. 882 (part).)
  [Sections 1252.004-1252.050 reserved for expansion]
  SUBCHAPTER B. NONRESIDENT GUARDIAN OF NONRESIDENT WARD'S ESTATE
         Sec. 1252.051.  APPOINTMENT AND QUALIFICATION OF
  NONRESIDENT GUARDIAN.  (a) A nonresident of this state may be
  appointed and qualified as guardian or coguardian of a nonresident
  ward's estate located in this state in the same manner provided by
  this title for the appointment and qualification of a resident
  guardian of the estate of an incapacitated person if:
               (1)  a court of competent jurisdiction in the
  geographical jurisdiction in which the nonresident resides
  appointed the nonresident guardian;
               (2)  the nonresident is qualified as guardian or as a
  fiduciary legal representative by any name known in the foreign
  jurisdiction of the property or estate of the ward located in the
  jurisdiction of the foreign court; and
               (3)  the nonresident, with the written application for
  appointment, files in the county court of a county of this state in
  which all or part of the nonresident ward's estate is located a
  complete transcript of the proceedings from the records of the
  court in which the nonresident applicant was appointed.
         (b)  The transcript required by Subsection (a)(3) must:
               (1)  show the applicant's appointment and qualification
  as guardian or other fiduciary legal representative of the ward's
  property or estate;
               (2)  be certified to and attested by the clerk of the
  foreign court or the court officer charged by law with custody of
  the court records, under the court seal, if any; and
               (3)  have attached a certificate of the judge, chief
  justice, or presiding magistrate of the foreign court certifying
  that the attestation of the clerk or legal custodian of the court
  records is in correct form.  (Tex. Prob. Code, Secs. 881(a), (b).)
         Sec. 1252.052.  APPOINTMENT; ISSUANCE OF LETTERS OF
  GUARDIANSHIP.  (a)  If a nonresident applicant meets the
  requirements of Section 1252.051, without the necessity of notice
  or citation, the court shall enter an order appointing the
  nonresident as guardian or coguardian of a nonresident ward's
  estate located in this state.
         (b)  After the nonresident applicant qualifies in the manner
  required of resident guardians and files with the court a power of
  attorney appointing a resident agent to accept service of process
  in all actions or proceedings with respect to the estate, the clerk
  shall issue the letters of guardianship to the nonresident
  guardian. (Tex. Prob. Code, Sec. 881(c).)
         Sec. 1252.053.  INVENTORY AND APPRAISEMENT; ADMINISTRATION
  OF ESTATE. After qualification, a nonresident guardian:
               (1)  shall file an inventory and appraisement of the
  ward's estate in this state subject to the court's jurisdiction, as
  in ordinary cases; and
               (2)  is subject to the applicable provisions of this
  code governing the handling and settlement of an estate by a
  resident guardian.  (Tex. Prob. Code, Sec. 881(d).)
         Sec. 1252.054.  DELIVERY OF ESTATE TO CERTAIN GUARDIANS.
  The court may order a resident guardian who has any of the ward's
  estate to deliver the estate to a qualified and acting guardian of
  the ward.  (Tex. Prob. Code, Sec. 881(e).)
         Sec. 1252.055.  REMOVAL OF WARD'S PROPERTY FROM STATE BY
  NONRESIDENT GUARDIAN. Regardless of whether qualified under this
  title, a nonresident guardian may remove personal property of the
  ward from this state if:
               (1)  the removal does not conflict with the tenure of
  the property or the terms of the guardianship under which the
  property is held; and
               (2)  all known debts against the estate in this state
  are paid or secured by a bond payable to and approved by the judge of
  the court in which guardianship proceedings are pending in this state.  (Tex. Prob. Code, Sec. 881A.)
 
  CHAPTER 1253. INTERSTATE GUARDIANSHIPS
  SUBCHAPTER A. TRANSFER OF GUARDIANSHIP TO FOREIGN JURISDICTION
  Sec. 1253.001.  APPLICATION TO TRANSFER GUARDIANSHIP TO
                   FOREIGN JURISDICTION 
  Sec. 1253.002.  NOTICE OF APPLICATION 
  Sec. 1253.003.  DETERMINATION REGARDING TRANSFER OF
                   GUARDIANSHIP 
  [Sections 1253.004-1253.050 reserved for expansion]
  SUBCHAPTER B. RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP
  Sec. 1253.051.  APPLICATION FOR RECEIPT AND ACCEPTANCE
                   OF FOREIGN GUARDIANSHIP 
  Sec. 1253.052.  NOTICE OF APPLICATION 
  Sec. 1253.053.  DETERMINATION REGARDING RECEIPT AND
                   ACCEPTANCE OF FOREIGN GUARDIANSHIP 
  Sec. 1253.054.  HEARING TO CONSIDER MODIFICATION 
  Sec. 1253.055.  GUARDIANSHIP TRANSFER PROCEEDINGS FILED
                   IN TWO OR MORE COURTS 
  Sec. 1253.056.  CONSTRUCTION WITH OTHER LAW 
  [Sections 1253.057-1253.100 reserved for expansion]
  SUBCHAPTER C.  GUARDIANSHIP PROCEEDINGS FILED IN THIS STATE AND IN
  FOREIGN JURISDICTION
  Sec. 1253.101.  DELAY OF CERTAIN GUARDIANSHIP
                   PROCEEDINGS 
  Sec. 1253.102.  DETERMINATION OF VENUE; ACTION
                   FOLLOWING DETERMINATION 
  Sec. 1253.103.  NECESSARY ORDERS 
  CHAPTER 1253. INTERSTATE GUARDIANSHIPS
  SUBCHAPTER A. TRANSFER OF GUARDIANSHIP TO FOREIGN JURISDICTION
         Sec. 1253.001.  APPLICATION TO TRANSFER GUARDIANSHIP TO
  FOREIGN JURISDICTION.  A guardian of the person or estate may apply
  to the court that has jurisdiction over the guardianship to
  transfer the guardianship to a court in a foreign jurisdiction to
  which the ward has permanently moved.  (Tex. Prob. Code, Sec.
  891(a).)
         Sec. 1253.002.  NOTICE OF APPLICATION. Notice of an
  application to transfer a guardianship under this subchapter shall
  be:
               (1)  served personally on the ward; and
               (2)  given to the foreign court to which the
  guardianship is to be transferred. (Tex. Prob. Code, Sec. 891(b).)
         Sec. 1253.003.  DETERMINATION REGARDING TRANSFER OF
  GUARDIANSHIP.  (a)  On the court's own motion or on the motion of the
  ward or any interested person, the court shall hold a hearing to
  consider an application to transfer a guardianship under this
  subchapter.
         (b)  The court shall transfer a guardianship to a foreign
  court if the court determines the transfer is in the best interests
  of the ward.  The transfer of the guardianship must be made
  contingent on the acceptance of the guardianship in the foreign
  jurisdiction.
         (c)  The court shall coordinate efforts with the appropriate
  foreign court to facilitate the orderly transfer of the
  guardianship.  (Tex. Prob. Code, Secs. 891(c), (d).)
         [Sections 1253.004-1253.050 reserved for expansion]
  SUBCHAPTER B. RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP
         Sec. 1253.051.  APPLICATION FOR RECEIPT AND ACCEPTANCE OF
  FOREIGN GUARDIANSHIP. A guardian appointed by a foreign court to
  represent an incapacitated person who is residing in this state or
  intends to move to this state may file an application with a court
  in which the ward resides or intends to reside to have the
  guardianship transferred to the court.  (Tex. Prob. Code, Sec.
  892(a).)
         Sec. 1253.052.  NOTICE OF APPLICATION. Notice of an
  application for receipt and acceptance of a foreign guardianship
  under this subchapter shall be:
               (1)  served personally on the ward; and
               (2)  given to the foreign court from which the
  guardianship is to be transferred. (Tex. Prob. Code, Sec. 892(b).)
         Sec. 1253.053.  DETERMINATION REGARDING RECEIPT AND
  ACCEPTANCE OF FOREIGN GUARDIANSHIP.  (a)  On the court's own motion
  or on the motion of the ward or any interested person, the court
  shall hold a hearing to consider an application for receipt and
  acceptance of a foreign guardianship under this subchapter.
         (b)  In reviewing the application, the court should
  determine:
               (1)  that the proposed guardianship is not a collateral
  attack on an existing or proposed guardianship in another
  jurisdiction in this or another state; and
               (2)  for a guardianship in which a court in one or more
  states may have jurisdiction, that the application has been filed
  in the court that is best suited to consider the matter.
         (c)  The court shall grant the application if the transfer of
  the guardianship from the foreign jurisdiction is in the best
  interests of the ward.
         (d)  In granting the application, the court shall give full
  faith and credit to the provisions of the foreign guardianship
  order concerning the determination of the ward's incapacity and the
  rights, powers, and duties of the guardian.
         (e)  The court shall coordinate efforts with the appropriate
  foreign court to facilitate the orderly transfer of the
  guardianship.  (Tex. Prob. Code, Secs. 892(d), (e), (f), (g).)
         Sec. 1253.054.  HEARING TO CONSIDER MODIFICATION. Not later
  than the 90th day after the date a court grants an application for
  receipt and acceptance of a foreign guardianship under this
  subchapter, the court shall hold a hearing to consider modifying
  the administrative procedures or requirements of the transferred
  guardianship in accordance with local and state law.  (Tex. Prob.
  Code, Sec. 893.)
         Sec. 1253.055.  GUARDIANSHIP TRANSFER PROCEEDINGS FILED IN
  TWO OR MORE COURTS.  If an application for receipt and acceptance of
  a foreign guardianship under this subchapter is filed in two or more
  courts with jurisdiction, the proceeding shall be heard in the
  court with jurisdiction over the application filed on the earliest
  date, if venue is otherwise proper in that court.  A court that does
  not have venue to hear the application shall transfer the
  proceeding to the proper court.  (Tex. Prob. Code, Sec. 892(c).)
         Sec. 1253.056.  CONSTRUCTION WITH OTHER LAW. The denial of
  an application for receipt and acceptance of a guardianship under
  this subchapter does not affect the right of a guardian appointed by
  a foreign court to file an application to be appointed guardian of
  the incapacitated person under Section 1101.001.  (Tex. Prob. Code,
  Sec. 892(h).)
  [Sections 1253.057-1253.100 reserved for expansion]
  SUBCHAPTER C.  GUARDIANSHIP PROCEEDINGS FILED IN THIS STATE AND IN
  FOREIGN JURISDICTION
         Sec. 1253.101.  DELAY OF CERTAIN GUARDIANSHIP PROCEEDINGS.
  A court in which a guardianship proceeding is filed and in which
  venue of the proceeding is proper may delay further action in the
  proceeding in that court if:
               (1)  another guardianship proceeding involving a
  matter at issue in the proceeding filed in the court is subsequently
  filed in a court in a foreign jurisdiction; and
               (2)  venue of the proceeding in the foreign court is
  proper.  (Tex. Prob. Code, Sec. 894(a).)
         Sec. 1253.102.  DETERMINATION OF VENUE; ACTION FOLLOWING
  DETERMINATION.  (a)  A court that delays further action in a
  guardianship proceeding under Section 1253.101 shall determine
  whether venue of the proceeding is more suitable in that court or in
  the foreign court.
         (b)  In making a determination under Subsection (a), the
  court may consider:
               (1)  the interests of justice;
               (2)  the best interests of the ward or proposed ward;
  and
               (3)  the convenience of the parties.
         (c)  The court shall resume the guardianship proceeding
  delayed under Section 1253.101 if the court determines under this
  section that venue is more suitable in that court.  If the court
  determines that venue is more suitable in the foreign court, the
  court shall, with the consent of the foreign court, transfer the
  proceeding to that foreign court.  (Tex. Prob. Code, Secs. 894(b),
  (d).)
         Sec. 1253.103.  NECESSARY ORDERS. A court that delays
  further action in a guardianship proceeding under Section 1253.101
  may issue any order the court considers necessary to protect the
  proposed ward or the proposed ward's estate.  (Tex. Prob. Code, Sec.
  894(c).)
  [Chapters 1254-1300 reserved for expansion]
 
  CHAPTER 1301.  MANAGEMENT TRUSTS
  SUBCHAPTER A.  GENERAL PROVISIONS
  Sec. 1301.001.  DEFINITION 
  Sec. 1301.002.  APPLICABILITY OF TEXAS TRUST CODE 
  [Sections 1301.003-1301.050 reserved for expansion]
  SUBCHAPTER B. CREATION OF MANAGEMENT TRUSTS
  Sec. 1301.051.  ELIGIBILITY TO APPLY FOR CREATION OF
                   TRUST 
  Sec. 1301.052.  VENUE FOR PROCEEDING INVOLVING ALLEGED
                   INCAPACITATED PERSON 
  Sec. 1301.053.  CREATION OF TRUST FOR WARD 
  Sec. 1301.054.  CREATION OF TRUST FOR INCAPACITATED
                   PERSON WITHOUT GUARDIAN 
  Sec. 1301.055.  AUTHORITY OF COURT TO APPOINT GUARDIAN
                   INSTEAD OF CREATING TRUST 
  Sec. 1301.056.  CONTENTS OF ORDER CREATING TRUST 
  Sec. 1301.057.  APPOINTMENT OF TRUSTEE 
  Sec. 1301.058.  BOND REQUIREMENTS FOR TRUSTEES 
  [Sections 1301.059-1301.100 reserved for expansion]
  SUBCHAPTER C. TERMS OF MANAGEMENT TRUST
  Sec. 1301.101.  REQUIRED TERMS 
  Sec. 1301.102.  OPTIONAL TERMS 
  Sec. 1301.103.  ENFORCEABILITY OF CERTAIN TERMS 
  [Sections 1301.104-1301.150 reserved for expansion]
  SUBCHAPTER D.  ADMINISTRATION OF MANAGEMENT TRUSTS
  Sec. 1301.151.  JURISDICTION OVER TRUST MATTERS 
  Sec. 1301.152.  COURT'S AUTHORITY TO DISCHARGE GUARDIAN
                   OF ESTATE 
  Sec. 1301.153.  INVESTMENT IN TEXAS TOMORROW FUND 
  Sec. 1301.154.  ANNUAL ACCOUNTING 
  Sec. 1301.155.  APPOINTMENT OF SUCCESSOR TRUSTEE 
  Sec. 1301.156.  LIABILITY OF CERTAIN PERSONS FOR
                   CONDUCT OF TRUSTEE 
  [Sections 1301.157-1301.200 reserved for expansion]
  SUBCHAPTER E. MODIFICATION, REVOCATION, OR TERMINATION OF
  MANAGEMENT TRUSTS
  Sec. 1301.201.  MODIFICATION OR REVOCATION OF TRUST 
  Sec. 1301.202.  TRANSFER TO POOLED TRUST SUBACCOUNT 
  Sec. 1301.203.  TERMINATION OF TRUST 
  Sec. 1301.204.  DISTRIBUTION OF TRUST PROPERTY 
  CHAPTER 1301.  MANAGEMENT TRUSTS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 1301.001.  DEFINITION. In this chapter, "management
  trust" means a trust created under Section 1301.053 or 1301.054.  
  (New.)
         Sec. 1301.002.  APPLICABILITY OF TEXAS TRUST CODE. (a)  A
  management trust is subject to Subtitle B, Title 9, Property Code.
         (b)  To the extent of a conflict between Subtitle B, Title 9,
  Property Code, and a provision of this chapter or of a management
  trust, the provision of this chapter or of the trust controls.  
  (Tex. Prob. Code, Sec. 869B.)
  [Sections 1301.003-1301.050 reserved for expansion]
  SUBCHAPTER B. CREATION OF MANAGEMENT TRUSTS
         Sec. 1301.051.  ELIGIBILITY TO APPLY FOR CREATION OF TRUST.
  The following persons may apply for the creation of a trust under
  this subchapter:
               (1)  the guardian of a ward;
               (2)  an attorney ad litem or guardian ad litem
  appointed to represent a ward or the ward's interests;
               (3)  a person interested in the welfare of an alleged
  incapacitated person who does not have a guardian of the estate; or
               (4)  an attorney ad litem or guardian ad litem
  appointed to represent:
                     (A)  an alleged incapacitated person who does not
  have a guardian; or
                     (B)  the interests of a person described by
  Paragraph (A).  (Tex. Prob. Code, Sec. 867(a-1).)
         Sec. 1301.052.  VENUE FOR PROCEEDING INVOLVING ALLEGED
  INCAPACITATED PERSON. (a)  An application for the creation of a
  trust under Section 1301.054 for an alleged incapacitated person
  must be filed in the same court in which a proceeding for the
  appointment of a guardian for the person is pending, if any.
         (b)  If a proceeding for the appointment of a guardian for an
  alleged incapacitated person is not pending on the date an
  application is filed for the creation of a trust under Section
  1301.054 for the person, venue for a proceeding to create a trust
  must be determined in the same manner as venue for a proceeding for
  the appointment of a guardian is determined under  Section 610.  
  (Tex. Prob. Code, Secs. 867(b-2), 867A.)
         Sec. 1301.053.  CREATION OF TRUST FOR WARD. (a)  On
  application by an appropriate person as provided by Section
  1301.051, the court with jurisdiction over a guardianship may enter
  an order that creates for the ward's benefit a trust for the
  management of guardianship funds if the court finds that the
  creation of the trust is in the ward's best interests.
         (b)  The court shall maintain a trust created under this
  section under the same cause number as the guardianship proceeding.  
  (Tex. Prob. Code, Secs. 867(b), (f) (part).)
         Sec. 1301.054.  CREATION OF TRUST FOR INCAPACITATED PERSON
  WITHOUT GUARDIAN.  (a)  On application by an appropriate person as
  provided by Section 1301.051 and regardless of whether an
  application for guardianship has been filed on the alleged
  incapacitated person's behalf, a proper court exercising probate
  jurisdiction may enter an order that creates a trust for the
  management of the estate of an alleged incapacitated person who
  does not have a guardian if the court, after a hearing, finds that:
               (1)  the person is an incapacitated person; and
               (2)  the creation of the trust is in the incapacitated
  person's best interests.
         (b)  The court shall conduct the hearing to determine
  incapacity under Subsection (a) using the same procedures and
  evidentiary standards as are required in a hearing for the
  appointment of a guardian for a proposed ward.
         (c)  The court shall appoint an attorney ad litem and, if
  necessary, may appoint a guardian ad litem, to represent the
  interests of the alleged incapacitated person in the hearing to
  determine incapacity under Subsection (a).
         (d)  The court shall maintain a trust created under this
  section under the same cause number as the guardianship proceeding,
  if applicable.  (Tex. Prob. Code, Secs. 867(b-1), (b-3), (f)
  (part).)
         Sec. 1301.055.  AUTHORITY OF COURT TO APPOINT GUARDIAN
  INSTEAD OF CREATING TRUST.  If, after a hearing under Section
  1301.054, the court finds that the person for whom the application
  was filed is an incapacitated person but that it is not in the
  person's best interests for the court to create a trust under this
  subchapter for the person's estate, the court may appoint a
  guardian of the person or estate, or both, for the incapacitated
  person without commencing a separate proceeding for that purpose.  
  (Tex. Prob. Code, Sec. 867(b-4).)
         Sec. 1301.056.  CONTENTS OF ORDER CREATING TRUST. An order
  creating a management trust must:
               (1)  direct a person holding property that belongs to
  the ward or incapacitated person, as applicable, for whom the trust
  is created or to which the ward or incapacitated person is entitled,
  to deliver all or part of that property to the corporate fiduciary
  or other person appointed as trustee of the trust; and
               (2)  include terms and limitations placed on the trust.  
  (Tex. Prob. Code, Sec. 867(f) (part).)
         Sec. 1301.057.  APPOINTMENT OF TRUSTEE. (a) In this
  section, "financial institution" means a financial institution, as
  defined by Section 201.101, Finance Code, that has trust powers and
  exists and does business under the laws of this state, another
  state, or the United States.
         (b)  Except as provided by Subsection (c), the court shall
  appoint a financial institution to serve as trustee of a management
  trust.
         (c)  The court may appoint a person or entity described by
  Subsection (d) to serve as trustee of a management trust instead of
  appointing a financial institution to serve in that capacity if the
  court finds:
               (1)  that the appointment is in the best interests of
  the ward or incapacitated person for whom the trust is created; and
               (2)  if the value of the trust's principal is more than
  $150,000, that the applicant for the creation of the trust, after
  the exercise of due diligence, has been unable to find a financial
  institution in the geographic area willing to serve as trustee.
         (d)  The following are eligible for appointment as trustee
  under Subsection (c):
               (1)  an individual, including an individual who is
  certified as a private professional guardian;
               (2)  a nonprofit corporation qualified to serve as a
  guardian; and
               (3)  a guardianship program. (Tex. Prob. Code, Secs.
  867(a), (b-5), (c), (d), (e).)
         Sec. 1301.058.  BOND REQUIREMENTS FOR TRUSTEES. (a)  A
  trustee of a management trust that is a corporate fiduciary serves
  without giving a bond in accordance with the trust terms required by
  Section 1301.101(a)(4).
         (b)  The court shall require a person, other than a corporate
  fiduciary, serving as trustee of a management trust to file with the
  county clerk a bond that:
               (1)  is in an amount equal to the value of the trust's
  principal and projected annual income; and
               (2)  meets the conditions the court determines are
  necessary.  (Tex. Prob. Code, Secs. 868(a) (part), 868B.)
  [Sections 1301.059-1301.100 reserved for expansion]
  SUBCHAPTER C. TERMS OF MANAGEMENT TRUST
         Sec. 1301.101.  REQUIRED TERMS. (a)  Except as provided by
  Subsection (c), a management trust must provide that:
               (1)  the ward or incapacitated person for whom the
  trust is created is the sole beneficiary of the trust;
               (2)  the trustee may disburse an amount of the trust's
  principal or income as the trustee determines is necessary to spend
  for the health, education, maintenance, or support of the ward or
  incapacitated person;
               (3)  the trust income that the trustee does not
  disburse under Subdivision (2) must be added to the trust
  principal;
               (4)  a trustee that is a corporate fiduciary serves
  without giving a bond; and
               (5)  subject to the court's approval and Subsection
  (b), the trustee is entitled to receive reasonable compensation for
  services the trustee provides to the ward or incapacitated person
  as trustee.
         (b)  A trustee's compensation under Subsection (a)(5) must
  be:
               (1)  paid from the management trust's income,
  principal, or both; and
               (2)  determined, paid, reduced, and eliminated in the
  same manner as compensation of a guardian of an estate under
  Subchapter A, Chapter 1155.
         (c)  The court creating or modifying a management trust may
  omit or modify terms required by Subsection (a)(1) or (2) only if
  the court determines that the omission or modification:
               (1)  is necessary and appropriate for the ward or
  incapacitated person to be eligible to receive public benefits or
  assistance under a state or federal program that is not otherwise
  available to the ward or incapacitated person; and
               (2)  is in the ward's or incapacitated person's best
  interests. (Tex. Prob. Code, Secs. 868(a), (d).)
         Sec. 1301.102.  OPTIONAL TERMS. (a)  A management trust may
  provide that the trustee make a distribution, payment, use, or
  application of trust funds for the health, education, maintenance,
  or support of the ward or incapacitated person for whom the trust is
  created or of another person whom the ward or incapacitated person
  is legally obligated to support:
               (1)  as necessary and without the intervention of:
                     (A)  a guardian or other representative of the
  ward; or
                     (B)  a representative of the incapacitated
  person; and
               (2)  to:
                     (A)  the ward's guardian;
                     (B)  a person who has physical custody of the ward
  or incapacitated person or of another person whom the ward or
  incapacitated person is legally obligated to support; or
                     (C)  a person providing a good or service to the
  ward or incapacitated person or to another person whom the ward or
  incapacitated person is legally obligated to support.
         (b)  The court may include additional provisions in a
  management trust on the trust's creation or modification under this
  chapter if the court determines the addition does not conflict with
  Section 1301.101. (Tex. Prob. Code, Secs. 868(b), (e).)
         Sec. 1301.103.  ENFORCEABILITY OF CERTAIN TERMS. A
  provision in a management trust that relieves a trustee from a duty
  or liability imposed by this chapter or Subtitle B, Title 9,
  Property Code, is enforceable only if:
               (1)  the provision is limited to specific facts and
  circumstances unique to the property of that trust and is not
  applicable generally to the trust; and
               (2)  the court creating or modifying the trust makes a
  specific finding that there is clear and convincing evidence that
  the inclusion of the provision is in the best interests of the trust
  beneficiary. (Tex. Prob. Code, Sec. 868(c).)
  [Sections 1301.104-1301.150 reserved for expansion]
  SUBCHAPTER D.  ADMINISTRATION OF MANAGEMENT TRUSTS
         Sec. 1301.151.  JURISDICTION OVER TRUST MATTERS. A court
  that creates a management trust has the same jurisdiction to hear
  matters relating to the trust as the court has with respect to
  guardianship and other matters covered by this title.  (Tex. Prob.
  Code, Sec. 869C.)
         Sec. 1301.152.  COURT'S AUTHORITY TO DISCHARGE GUARDIAN OF
  ESTATE. On or at any time after the creation of a management trust,
  the court may discharge the guardian of the ward's estate if the
  court determines that the discharge is in the ward's best
  interests.  (Tex. Prob. Code, Sec. 868A.)
         Sec. 1301.153.  INVESTMENT IN TEXAS TOMORROW FUND. The
  trustee of a management trust may invest trust funds in the Texas
  tomorrow fund established by Subchapter F, Chapter 54, Education
  Code, if the trustee determines that investment is in the best
  interest of the ward or incapacitated person for whom the trust is
  created.  (Tex. Prob. Code, Sec. 868(f).)
         Sec. 1301.154.  ANNUAL ACCOUNTING. (a) The trustee of a
  management trust shall prepare and file with the court an annual
  accounting of transactions in the trust in the same manner and form
  that is required of a guardian under this title.
         (b)  The trustee of a management trust created for a ward
  shall provide a copy of the annual account to the guardian of the
  ward's estate or person.
         (c)  The annual account is subject to court review and
  approval in the same manner that is required of an annual account
  prepared by a guardian under this title. (Tex. Prob. Code, Sec.
  871.)
         Sec. 1301.155.  APPOINTMENT OF SUCCESSOR TRUSTEE. The court
  may appoint a successor trustee if the trustee of a management trust
  resigns, becomes ineligible, or is removed. (Tex. Prob. Code, Sec.
  869A.)
         Sec. 1301.156.  LIABILITY OF CERTAIN PERSONS FOR CONDUCT OF
  TRUSTEE. The guardian of the person or of the estate of a ward for
  whom a management trust is  created or the surety on the guardian's
  bond is not liable for an act or omission of the trustee of the
  trust.  (Tex. Prob. Code, Sec. 872.)
  [Sections 1301.157-1301.200 reserved for expansion]
  SUBCHAPTER E. MODIFICATION, REVOCATION, OR TERMINATION OF
  MANAGEMENT TRUSTS
         Sec. 1301.201.  MODIFICATION OR REVOCATION OF TRUST.  (a)  
  The court may modify or revoke a management trust at any time before
  the date of the trust's termination.
         (b)  The following may not revoke a management trust:
               (1)  the ward for whom the trust is created or the
  guardian of the ward's estate; or
               (2)  the incapacitated person for whom the trust is
  created. (Tex. Prob. Code, Sec. 869.)
         Sec. 1301.202.  TRANSFER TO POOLED TRUST SUBACCOUNT. (a)  If
  the court determines that it is in the best interests of a ward or
  incapacitated person for whom a management trust is created, the
  court may order the transfer of all property in the management trust
  to a pooled trust subaccount established in accordance with Chapter
  1302.
         (b)  The transfer of property from the management trust to
  the pooled trust subaccount shall be treated as a continuation of
  the management trust and may not be treated as the establishment of
  a new trust for purposes of 42 U.S.C. Section 1396p(d)(4)(A) or (C)
  or otherwise for purposes of the ward's or incapacitated person's
  eligibility for medical assistance under Chapter 32, Human
  Resources Code.
         (c)  The court may not allow termination of the management
  trust from which property is transferred under this section until
  all of the property in the management trust has been transferred to
  the pooled trust subaccount. (Tex. Prob. Code, Sec. 868C.)
         Sec. 1301.203.  TERMINATION OF TRUST. (a)  If the ward or
  incapacitated person for whom a management trust is created is a
  minor, the trust terminates on:
               (1)  the earlier of:
                     (A)  the ward's or incapacitated person's death;
  or
                     (B)  the ward's or incapacitated person's 18th
  birthday; or
               (2)  the date provided by court order, which may not be
  later than the ward's or incapacitated person's 25th birthday.
         (b)  If the ward or incapacitated person for whom a
  management trust is created is not a minor, the trust terminates on:
               (1)  the date the court determines that continuing the
  trust is no longer in the ward's or incapacitated person's best
  interests, subject to Section 1301.202(c); or
               (2)  the ward's or incapacitated person's death. (Tex.
  Prob. Code, Sec. 870.)
         Sec. 1301.204.  DISTRIBUTION OF TRUST PROPERTY. Unless
  otherwise provided by the court, the trustee of a management trust
  shall:
               (1)  prepare a final account in the same form and manner
  that is required of a guardian under Sections 1204.101 and
  1204.102; and
               (2)  on court approval, distribute the principal or any
  undistributed income of the trust to:
                     (A)  the ward or incapacitated person when the
  trust terminates on the trust's own terms;
                     (B)  the successor trustee on appointment of a
  successor trustee; or
                     (C)  the representative of the deceased ward's or
  incapacitated person's estate on the ward's or incapacitated person's death.  (Tex. Prob. Code, Sec. 873.)
 
  CHAPTER 1302. POOLED TRUST SUBACCOUNTS
  Sec. 1302.001.  DEFINITIONS 
  Sec. 1302.002.  APPLICATION TO ESTABLISH SUBACCOUNT 
  Sec. 1302.003.  APPOINTMENT OF ATTORNEY AD LITEM 
  Sec. 1302.004.  ESTABLISHMENT OF SUBACCOUNT 
  Sec. 1302.005.  TERMS OF SUBACCOUNT 
  Sec. 1302.006.  FEES AND REPORTING 
  Sec. 1302.007.  JURISDICTION EXCLUSIVE 
  CHAPTER 1302. POOLED TRUST SUBACCOUNTS
         Sec. 1302.001.  DEFINITIONS. In this chapter:
               (1)  "Beneficiary" means a person for whom a subaccount
  is established.
               (2)  "Medical assistance" means benefits and services
  under the medical assistance program administered under Chapter 32,
  Human Resources Code.
               (3)  "Pooled trust" means a trust that meets the
  requirements of 42 U.S.C. Section 1396p(d)(4)(C) for purposes of
  exempting the trust from the applicability of 42 U.S.C. Section
  1396p(d) in determining the eligibility of a person who is disabled
  for medical assistance.
               (4)  "Subaccount" means an account in a pooled trust
  established solely for the benefit of a beneficiary. (Tex. Prob.
  Code, Sec. 910.)
         Sec. 1302.002.  APPLICATION TO ESTABLISH SUBACCOUNT. A
  person interested in the welfare of a minor, a disabled person, or
  any other incapacitated person may apply to the court for the
  establishment of a subaccount for the benefit of the minor,
  disabled person, or other incapacitated person as the beneficiary.
  (Tex. Prob. Code, Sec. 911.)
         Sec. 1302.003.  APPOINTMENT OF ATTORNEY AD LITEM. (a)  The
  court shall appoint an attorney ad litem for a person who is a minor
  or has a mental disability and who is the subject of an application
  under Section 1302.002.
         (b)  The attorney ad litem is entitled to a reasonable fee
  and reimbursement of expenses to be paid from the person's
  property. (Tex. Prob. Code, Sec. 912.)
         Sec. 1302.004.  ESTABLISHMENT OF SUBACCOUNT. If the court
  finds that it is in the best interests of a person who is the subject
  of an application under Section 1302.002, the court may order:
               (1)  the establishment of a subaccount of which the
  person is the beneficiary; and
               (2)  the transfer to the subaccount of any of the
  person's property on hand or accruing to the person. (Tex. Prob.
  Code, Sec. 913.)
         Sec. 1302.005.  TERMS OF SUBACCOUNT. Unless the court
  orders otherwise, the terms governing the subaccount must provide
  that:
               (1)  the subaccount terminates on the earliest of the
  date of:
                     (A)  the beneficiary's 18th birthday, if the
  beneficiary is not disabled on that date and was a minor at the time
  the subaccount was established;
                     (B)  the beneficiary's death; or
                     (C)  a court order terminating the subaccount;
  and
               (2)  on termination, any property remaining in the
  beneficiary's subaccount after making any required payments to
  satisfy the amounts of medical assistance reimbursement claims for
  medical assistance provided to the beneficiary under this state's
  medical assistance program and other states' medical assistance
  programs shall be distributed to:
                     (A)  the beneficiary, if on the date of
  termination the beneficiary is living and is not incapacitated;
                     (B)  the beneficiary's guardian, if on the date of
  termination the beneficiary is living and is incapacitated; or
                     (C)  the personal representative of the
  beneficiary's estate, if on the date of termination the beneficiary
  is deceased. (Tex. Prob. Code, Sec. 914.)
         Sec. 1302.006.  FEES AND REPORTING. (a)  The manager or
  trustee of a pooled trust may:
               (1)  assess fees against a subaccount of that pooled
  trust that is established under this chapter, in accordance with
  the manager's or trustee's standard fee structure; and
               (2)  pay fees assessed under Subdivision (1) from the
  subaccount.
         (b)  If required by the court, the manager or trustee of the
  pooled trust shall file a copy of the annual report of account with
  the court clerk. (Tex. Prob. Code, Sec. 916.)
         Sec. 1302.007.  JURISDICTION EXCLUSIVE. Notwithstanding
  any other law, the court that orders the establishment of a
  subaccount for a beneficiary has exclusive jurisdiction of a
  subsequent proceeding or action that relates to both the
  beneficiary and the subaccount, and the proceeding or action may be
  brought only in that court. (Tex. Prob. Code, Sec. 915.)
  [Chapters 1303-1350 reserved for expansion]
  SUBTITLE I. OTHER SPECIAL PROCEEDINGS AND ALTERNATIVES TO
  GUARDIANSHIP
  CHAPTER 1351. SALE OF PROPERTY OF CERTAIN INCAPACITATED PERSONS
  SUBCHAPTER A. SALE OF MINOR'S INTEREST IN PROPERTY WITHOUT
  GUARDIANSHIP
  Sec. 1351.001.  AUTHORITY TO SELL MINOR'S INTEREST IN
                   PROPERTY WITHOUT GUARDIANSHIP 
  Sec. 1351.002.  APPLICATION; VENUE 
  Sec. 1351.003.  HEARING; REQUIREMENTS FOR SALE 
  Sec. 1351.004.  PAYMENT OF SALE PROCEEDS INTO COURT
                   REGISTRY 
  Sec. 1351.005.  WITHDRAWAL OF SALE PROCEEDS FROM
                   REGISTRY NOT PROHIBITED 
  Sec. 1351.006.  DISAFFIRMATION OF SALE PROHIBITED 
  [Sections 1351.007-1351.050 reserved for expansion]
  SUBCHAPTER B. SALE OF WARD'S PROPERTY WITHOUT GUARDIANSHIP OF THE
  ESTATE
  Sec. 1351.051.  APPLICABILITY OF SUBCHAPTER 
  Sec. 1351.052.  AUTHORITY TO SELL WARD'S INTEREST IN
                   PROPERTY WITHOUT APPOINTMENT AS
                   GUARDIAN OF THE ESTATE 
  Sec. 1351.053.  APPLICATION; VENUE 
  Sec. 1351.054.  HEARING 
  Sec. 1351.055.  PAYMENT OF SALE PROCEEDS INTO COURT
                   REGISTRY 
  Sec. 1351.056.  WITHDRAWAL OF SALE PROCEEDS FROM
                   REGISTRY NOT PROHIBITED 
  Sec. 1351.057.  DISAFFIRMATION OF SALE PROHIBITED 
  CHAPTER 1351. SALE OF PROPERTY OF CERTAIN INCAPACITATED PERSONS
  SUBCHAPTER A. SALE OF MINOR'S INTEREST IN PROPERTY WITHOUT
  GUARDIANSHIP
         Sec. 1351.001.  AUTHORITY TO SELL MINOR'S INTEREST IN
  PROPERTY WITHOUT GUARDIANSHIP. A parent or managing conservator of
  a minor who is not a ward may apply to the court under this
  subchapter for an order to sell an interest of the minor in property
  without being appointed guardian if the net value of the interest
  does not exceed $100,000. (Tex. Prob. Code, Sec. 889(a) (part).)
         Sec. 1351.002.  APPLICATION; VENUE. (a) A parent or
  managing conservator shall apply to the court under oath for the
  sale of property under this subchapter.
         (b)  An application must contain:
               (1)  the minor's name;
               (2)  a legal description of the real property or a
  description that identifies the personal property, as applicable;
               (3)  the minor's interest in the property;
               (4)  the purchaser's name;
               (5)  a statement that the sale of the minor's interest
  in the property is for cash; and
               (6)  a statement that all money received by the parent
  or managing conservator shall be used for the minor's use and
  benefit.
         (c)  Venue for the application is the same as venue for an
  application for the appointment of a guardian for a minor. (Tex.
  Prob. Code, Sec. 889(b).)
         Sec. 1351.003.  HEARING; REQUIREMENTS FOR SALE. (a) On
  receipt of an application under this subchapter, the court shall
  set the application for hearing on a date not earlier than five days
  from the date the application was filed.
         (b)  The court may cause citation to be issued if the court
  considers citation necessary.
         (c)  At the time of the hearing, the court shall order the
  sale of the property if the court is satisfied from the evidence
  that the sale is in the minor's best interests. The court may
  require an independent appraisal of the property to be sold to
  establish the minimum sale price. (Tex. Prob. Code, Secs. 889(c),
  (d).)
         Sec. 1351.004.  PAYMENT OF SALE PROCEEDS INTO COURT
  REGISTRY. If the court enters an order of sale of property as
  provided by this subchapter, the purchaser of the property shall
  pay the proceeds of the sale belonging to the minor into the court
  registry. (Tex. Prob. Code, Sec. 889(e).)
         Sec. 1351.005.  WITHDRAWAL OF SALE PROCEEDS FROM REGISTRY
  NOT PROHIBITED. This subchapter does not prevent the sale proceeds
  deposited into the court registry under Section 1351.004 from being
  withdrawn from the court registry under Chapter 1355. (Tex. Prob.
  Code, Sec. 889(f).)
         Sec. 1351.006.  DISAFFIRMATION OF SALE PROHIBITED. A minor
  may not disaffirm a sale of property made in accordance with a court
  order under this subchapter. (Tex. Prob. Code, Sec. 889(a)
  (part).)
  [Sections 1351.007-1351.050 reserved for expansion]
  SUBCHAPTER B. SALE OF WARD'S PROPERTY WITHOUT GUARDIANSHIP OF THE
  ESTATE
         Sec. 1351.051.  APPLICABILITY OF SUBCHAPTER. This
  subchapter applies only to a ward who has a guardian of the person
  but does not have a guardian of the estate. (Tex. Prob. Code, Sec.
  890(a).)
         Sec. 1351.052.  AUTHORITY TO SELL WARD'S INTEREST IN
  PROPERTY WITHOUT APPOINTMENT AS GUARDIAN OF THE ESTATE. A guardian
  of the person of a ward may apply to the court under this subchapter
  for an order to sell an interest in property in the ward's estate
  without being appointed guardian of the ward's estate if the net
  value of the interest does not exceed $100,000. (Tex. Prob. Code,
  Sec. 890(b) (part).)
         Sec. 1351.053.  APPLICATION; VENUE. (a) An application
  under this subchapter must:
               (1)  be under oath; and
               (2)  contain the information required by Section
  1351.002(b).
         (b)  For purposes of Subsection (a)(2), references in
  Section 1351.002(b) to:
               (1)  "minor" are replaced with references to "ward";
  and
               (2)  "parent or managing conservator" are replaced with
  references to "guardian of the person."
         (c)  Venue for the application is the same as venue for an
  application for the appointment of a guardian for the ward. (Tex.
  Prob. Code, Secs. 890(b) (part), (c); New.)
         Sec. 1351.054.  HEARING. (a) On receipt of an application
  under this subchapter, the court shall set the application for
  hearing on a date not earlier than five days from the date the
  application was filed.
         (b)  The court may cause citation to be issued if the court
  considers citation necessary.
         (c)  The procedures and evidentiary requirements for the
  hearing are the same as the procedures and evidentiary requirements
  for a hearing of an application filed under Subchapter A. (Tex.
  Prob. Code, Secs. 890(d), (e).)
         Sec. 1351.055.  PAYMENT OF SALE PROCEEDS INTO COURT
  REGISTRY. If the court enters an order of sale of property as
  provided by this subchapter, the purchaser of the property shall
  pay the proceeds of the sale belonging to the ward into the court
  registry. (Tex. Prob. Code, Sec. 890(f).)
         Sec. 1351.056.  WITHDRAWAL OF SALE PROCEEDS FROM REGISTRY
  NOT PROHIBITED. This subchapter does not prevent the sale proceeds
  deposited into the court registry under Section 1351.055 from being
  withdrawn from the court registry under Chapter 1355. (Tex. Prob.
  Code, Sec. 890(g).)
         Sec. 1351.057.  DISAFFIRMATION OF SALE PROHIBITED. A ward
  may not disaffirm a sale of property made in accordance with a court
  order under this subchapter. (Tex. Prob. Code, Sec. 890(b) (part).)
 
  CHAPTER 1352. MORTGAGE OF MINOR'S INTEREST IN RESIDENCE HOMESTEAD
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 1352.001.  DEFINITIONS 
  [Sections 1352.002-1352.050 reserved for expansion]
  SUBCHAPTER B. MORTGAGE OF MINOR'S INTEREST WITHOUT GUARDIANSHIP
  Sec. 1352.051.  APPLICABILITY OF SUBCHAPTER 
  Sec. 1352.052.  AUTHORITY TO MORTGAGE MINOR'S INTEREST
                   WITHOUT GUARDIANSHIP 
  Sec. 1352.053.  APPLICATION; VENUE 
  Sec. 1352.054.  HEARING; REQUIREMENTS TO MORTGAGE
                   MINOR'S INTEREST 
  Sec. 1352.055.  SURETY BOND; DISCHARGE OF SURETIES 
  Sec. 1352.056.  USE OF PROCEEDS 
  Sec. 1352.057.  ANNUAL REPORT 
  Sec. 1352.058.  SWORN REPORT OF EXPENDITURES 
  Sec. 1352.059.  DISAFFIRMATION OF HOME EQUITY LOAN
                   PROHIBITED 
  [Sections 1352.060-1352.100 reserved for expansion]
  SUBCHAPTER C.  MORTGAGE OF MINOR WARD'S INTEREST WITHOUT
  GUARDIANSHIP OF THE ESTATE
  Sec. 1352.101.  APPLICABILITY OF SUBCHAPTER 
  Sec. 1352.102.  AUTHORITY TO MORTGAGE MINOR WARD'S
                   INTEREST WITHOUT GUARDIANSHIP OF THE
                   ESTATE 
  Sec. 1352.103.  APPLICATION; VENUE 
  Sec. 1352.104.  HEARING; REQUIREMENTS TO MORTGAGE MINOR
                   WARD'S INTEREST 
  Sec. 1352.105.  SURETY BOND; DISCHARGE OF SURETIES 
  Sec. 1352.106.  USE OF PROCEEDS 
  Sec. 1352.107.  ANNUAL ACCOUNTING 
  Sec. 1352.108.  DISAFFIRMATION OF HOME EQUITY LOAN
                   PROHIBITED 
  CHAPTER 1352. MORTGAGE OF MINOR'S INTEREST IN RESIDENCE HOMESTEAD
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 1352.001.  DEFINITIONS. In this chapter:
               (1)  "Home equity loan" means a loan made under Section
  50(a)(6), Article XVI, Texas Constitution.
               (2)  "Residence homestead" has the meaning assigned by
  Section 11.13, Tax Code. (Tex. Prob. Code, Secs. 889A(a),
  890A(a).)
  [Sections 1352.002-1352.050 reserved for expansion]
  SUBCHAPTER B. MORTGAGE OF MINOR'S INTEREST WITHOUT GUARDIANSHIP
         Sec. 1352.051.  APPLICABILITY OF SUBCHAPTER.  This
  subchapter applies only to a minor who:
               (1)  is not a ward; and
               (2)  has an interest in a residence homestead.  (Tex.
  Prob. Code, Sec. 889A(b) (part).)
         Sec. 1352.052.  AUTHORITY TO MORTGAGE MINOR'S INTEREST
  WITHOUT GUARDIANSHIP. (a) If the net value of a minor's interest
  in a residence homestead does not exceed $100,000, a parent,
  subject to Subsection (b), or managing conservator of the minor may
  apply to the court under this subchapter for an order authorizing
  the parent or managing conservator to receive on the minor's
  behalf, without being appointed guardian, an extension of credit
  that is secured wholly or partly by a lien on the homestead.
         (b)  A parent of a minor may file an application under this
  subchapter only if the parent has a homestead interest in the
  property that is the subject of the application. (Tex. Prob. Code,
  Secs. 889A(b) (part), (j).)
         Sec. 1352.053.  APPLICATION; VENUE.  (a)  A parent or
  managing conservator shall apply to the court under oath for the
  authority to encumber the residence homestead as provided by this
  subchapter.
         (b)  The application must contain:
               (1)  the minor's name and address;
               (2)  a legal description of the property constituting
  the homestead;
               (3)  a description of the minor's ownership interest in
  the property constituting the homestead;
               (4)  the fair market value of the property constituting
  the homestead;
               (5)  the amount of the home equity loan;
               (6)  the purpose or purposes for which the home equity
  loan is being sought;
               (7)  a detailed description of the proposed expenditure
  of the loan proceeds to be received by the parent or managing
  conservator on the minor's behalf; and
               (8)  a statement that all loan proceeds received by the
  parent or managing conservator on the minor's behalf through a home
  equity loan authorized under this subchapter shall be used in a
  manner that is for the minor's benefit.
         (c)  Venue for the application is the same as venue for an
  application for the appointment of a guardian for a minor.  (Tex.
  Prob. Code, Sec. 889A(c).)
         Sec. 1352.054.  HEARING; REQUIREMENTS TO MORTGAGE MINOR'S
  INTEREST. (a) On receipt of an application under this subchapter,
  the court shall set the application for hearing on a date not
  earlier than the fifth day after the date the application is filed.
         (b)  The court may cause citation to be issued if the court
  considers citation necessary.
         (c)  At the time of the hearing, the court, on approval of the
  surety bond required by Section 1352.055, shall authorize the
  parent or managing conservator to receive the extension of credit
  sought in the application if the court is satisfied from a
  preponderance of the evidence that the encumbrance is:
               (1)  for a purpose described by Section 1352.056(1) or
  (2); and
               (2)  in the minor's best interests. (Tex. Prob. Code,
  Secs. 889A(d), (f).)
         Sec. 1352.055.  SURETY BOND; DISCHARGE OF SURETIES.  (a)  
  Before a hearing under Section 1352.054 is held, the parent or
  managing conservator shall file with the county clerk a surety
  bond. The bond must be:
               (1)  in an amount at least equal to two times the amount
  of the proposed home equity loan;
               (2)  payable to and approved by the court; and
               (3)  conditioned on the parent or managing conservator:
                     (A)  using the proceeds of the home equity loan
  attributable to the minor's interest solely for the purposes
  authorized by Section 1352.056; and
                     (B)  making payments on the minor's behalf toward
  the outstanding balance of the home equity loan.
         (b)  After the first anniversary of the date a parent or
  managing conservator executes a home equity loan authorized under
  this subchapter, the court may, on motion of the borrower, reduce
  the amount of the surety bond required under this section to an
  amount that is not less than the loan's outstanding balance.
         (c)  The court may not discharge the person's sureties from
  all further liability under a surety bond until the court:
               (1)  approves the filing of the parent's or managing
  conservator's reports required under Sections 1352.057 and
  1352.058;
               (2)  finds that the parent or managing conservator used
  loan proceeds resulting from the minor's interest solely for the
  purposes authorized by Section 1352.056; and
               (3)  is presented with satisfactory evidence that the
  home equity loan has been repaid and is no longer considered an
  outstanding obligation. (Tex. Prob. Code, Secs. 889A(e), (h),
  (i).)
         Sec. 1352.056.  USE OF PROCEEDS.  Proceeds of a home equity
  loan that is the subject of an application under Section 1352.053
  that are attributable to the minor's interest may be spent only to:
               (1)  make improvements to the homestead;
               (2)  pay for the minor's education or medical expenses;
  or
               (3)  pay the loan's outstanding balance. (Tex. Prob.
  Code, Sec. 889A(b) (part).)
         Sec. 1352.057.  ANNUAL REPORT.  A parent or managing
  conservator executing a home equity loan on a minor's behalf under
  this subchapter shall file an annual report with the court
  regarding the transaction. (Tex. Prob. Code, Sec. 889A(g) (part).)
         Sec. 1352.058.  SWORN REPORT OF EXPENDITURES.  When the
  parent or managing conservator has spent the proceeds of a home
  equity loan authorized under this subchapter, the parent or
  managing conservator shall file with the county clerk a sworn
  report accounting for the proceeds.  (Tex. Prob. Code, Sec. 889A(g)
  (part).)
         Sec. 1352.059.  DISAFFIRMATION OF HOME EQUITY LOAN
  PROHIBITED.  A minor may not disaffirm a home equity loan authorized
  by the court under this subchapter.  (Tex. Prob. Code, Sec.
  889A(k).)
  [Sections 1352.060-1352.100 reserved for expansion]
  SUBCHAPTER C.  MORTGAGE OF MINOR WARD'S INTEREST WITHOUT
  GUARDIANSHIP OF THE ESTATE
         Sec. 1352.101.  APPLICABILITY OF SUBCHAPTER. This
  subchapter applies only to a minor ward who:
               (1)  has a guardian of the person but does not have a
  guardian of the estate; and
               (2)  has an interest in a residence homestead. (Tex.
  Prob. Code, Secs. 890A(b), (c) (part).)
         Sec. 1352.102.  AUTHORITY TO MORTGAGE MINOR WARD'S INTEREST
  WITHOUT GUARDIANSHIP OF THE ESTATE. If the net value of a minor
  ward's interest in a residence homestead does not exceed $100,000,
  the guardian of the person of the ward may apply to the court under
  this subchapter for an order authorizing the guardian to receive on
  the ward's behalf an extension of credit that is secured wholly or
  partly by a lien on the homestead.  (Tex. Prob. Code, Sec. 890A(c)
  (part).)
         Sec. 1352.103.  APPLICATION; VENUE.  (a)  An application
  under this subchapter must contain the information required by
  Section 1352.053(b).
         (b)  For purposes of Subsection (a), references in Section
  1352.053(b) to "parent or managing conservator" are replaced with
  references to "guardian of the person." 
         (c)  Venue for the application is the same as venue for an
  application for the appointment of a guardian for a ward.  (Tex.
  Prob. Code, Sec. 890A(d); New.)
         Sec. 1352.104.  HEARING; REQUIREMENTS TO MORTGAGE MINOR
  WARD'S INTEREST. (a)  On receipt of an application under this
  subchapter, the court shall set the application for hearing on a
  date not earlier than the fifth day after the date the application
  is filed.
         (b)  The court may cause citation to be issued if the court
  considers citation necessary.
         (c)  The procedures and evidentiary requirements for a
  hearing of an application filed under this subchapter are the same
  as the procedures and evidentiary requirements for a hearing of an
  application filed under Subchapter B.
         (d)  At the time of the hearing, the court, on approval of the
  surety bond required by Section 1352.105, shall authorize the
  guardian to receive the extension of credit sought in the
  application if the court is satisfied from a preponderance of the
  evidence that the encumbrance is:
               (1)  for a purpose described by Section 1352.106(1) or
  (2); and
               (2)  in the minor ward's best interests. (Tex. Prob.
  Code, Secs. 890A(e), (g), (h).)
         Sec. 1352.105.  SURETY BOND; DISCHARGE OF SURETIES. (a)
  Before a hearing under Section 1352.104 is held, the guardian of the
  person shall file a surety bond with the county clerk to the same
  extent and in the same manner as a parent or managing conservator of
  a minor is required to file a surety bond under Section 1352.055.
         (b)  The court may not discharge the guardian's sureties from
  all further liability under a bond required by this section or
  another provision of this title until the court:
               (1)  finds that the guardian used loan proceeds
  resulting from the minor ward's interest solely for the purposes
  authorized by Section 1352.106; and
               (2)  is presented with satisfactory evidence that the
  home equity loan has been repaid and is no longer considered an
  outstanding obligation. (Tex. Prob. Code, Secs. 890A(f), (j).)
         Sec. 1352.106.  USE OF PROCEEDS.  Proceeds of a home equity
  loan that is the subject of an application under Section 1352.102
  that are attributable to the minor ward's interest may be spent only
  to:
               (1)  make improvements to the homestead;
               (2)  pay for the ward's education or maintenance
  expenses; or
               (3)  pay the loan's outstanding balance.  (Tex. Prob.
  Code, Sec. 890A(c) (part).)
         Sec. 1352.107.  ANNUAL ACCOUNTING. A guardian of the person
  executing a home equity loan on a minor ward's behalf must account
  for the transaction, including the expenditure of the loan
  proceeds, in the annual account required by Subchapter A, Chapter
  1163.  (Tex. Prob. Code, Sec. 890A(i).)
         Sec. 1352.108.  DISAFFIRMATION OF HOME EQUITY LOAN
  PROHIBITED.  A minor ward may not disaffirm a home equity loan
  authorized by the court under this subchapter.  (Tex. Prob. Code, Sec. 890A(k).)
 
  CHAPTER 1353. MANAGEMENT AND CONTROL OF INCAPACITATED SPOUSE'S
  PROPERTY
  SUBCHAPTER A. APPOINTMENT OF COMMUNITY ADMINISTRATOR OR GUARDIAN
  OF THE ESTATE
  Sec. 1353.001.  EFFECT OF SUBCHAPTER 
  Sec. 1353.002.  SPOUSE AS COMMUNITY ADMINISTRATOR 
  Sec. 1353.003.  APPOINTMENT OF GUARDIAN OF THE ESTATE
                   TO ADMINISTER SEPARATE PROPERTY 
  Sec. 1353.004.  APPOINTMENT OF GUARDIAN OF THE ESTATE
                   UNDER CERTAIN CIRCUMSTANCES 
  Sec. 1353.005.  ADMINISTRATION OF CERTAIN PROPERTY BY
                   NON-INCAPACITATED SPOUSE 
  Sec. 1353.006.  EFFECT OF COURT ORDER ON CREDITORS'
                   CLAIMS 
  [Sections 1353.007-1353.050 reserved for expansion]
  SUBCHAPTER B. DUTIES OF COMMUNITY ADMINISTRATORS AND GUARDIANS OF
  THE ESTATE
  Sec. 1353.051.  INVENTORY AND APPRAISEMENT BY COMMUNITY
                   ADMINISTRATOR 
  Sec. 1353.052.  ACCOUNT BY COMMUNITY ADMINISTRATOR 
  Sec. 1353.053.  DISCLOSURE OF CERTAIN LAWSUITS TO THE
                   COURT BY COMMUNITY ADMINISTRATOR 
  Sec. 1353.054.  DELIVERY OF COMMUNITY PROPERTY BY
                   GUARDIAN OF THE ESTATE TO COMMUNITY
                   ADMINISTRATOR 
  [Sections 1353.055-1353.100 reserved for expansion]
  SUBCHAPTER C. REMOVAL OR TERMINATION OF POWERS OF COMMUNITY
  ADMINISTRATOR
  Sec. 1353.101.  GROUNDS FOR REMOVAL OF COMMUNITY
                   ADMINISTRATOR 
  Sec. 1353.102.  PROCEDURE FOR REMOVAL OF COMMUNITY
                   ADMINISTRATOR 
  Sec. 1353.103.  TERMINATION OF COMMUNITY
                   ADMINISTRATOR'S POWERS ON RECOVERY OF
                   CAPACITY 
  [Sections 1353.104-1353.150 reserved for expansion]
  SUBCHAPTER D. APPOINTMENT OF ATTORNEY AD LITEM
  Sec. 1353.151.  APPOINTMENT OF ATTORNEY AD LITEM FOR
                   INCAPACITATED SPOUSE 
  CHAPTER 1353. MANAGEMENT AND CONTROL OF INCAPACITATED SPOUSE'S
  PROPERTY
  SUBCHAPTER A. APPOINTMENT OF COMMUNITY ADMINISTRATOR OR GUARDIAN
  OF THE ESTATE
         Sec. 1353.001.  EFFECT OF SUBCHAPTER. (a)  The manner in
  which community property is administered under this subchapter does
  not affect:
               (1)  the duties and obligations between spouses,
  including the duty to support the other spouse; and
               (2)  the rights of any creditor of either spouse.
         (b)  This subchapter does not partition community property
  between an incapacitated spouse and a spouse who is not
  incapacitated. (Tex. Prob. Code, Secs. 883(e), (f).)
         Sec. 1353.002.  SPOUSE AS COMMUNITY ADMINISTRATOR. (a)  
  Except as provided by Section 1353.004, when a spouse is judicially
  declared to be incapacitated, the other spouse, in the capacity of
  surviving partner of the marital partnership, acquires full power
  to manage, control, and dispose of the entire community estate,
  including the part of the community estate that the incapacitated
  spouse legally has the power to manage in the absence of the
  incapacity, as community administrator without an administration.
         (b)  The spouse who is not incapacitated is presumed to be
  suitable and qualified to serve as community administrator. (Tex.
  Prob. Code, Secs. 883(a) (part), (b) (part).)
         Sec. 1353.003.  APPOINTMENT OF GUARDIAN OF THE ESTATE TO
  ADMINISTER SEPARATE PROPERTY. (a)  Except as provided by Section
  1353.004, when a spouse who owns separate property is judicially
  declared to be incapacitated, the court shall appoint the other
  spouse or another person or entity, in the order of precedence
  established under Subchapter C, Chapter 1104, as guardian of the
  estate to administer only the separate property of the
  incapacitated spouse.
         (b)  The qualification of a guardian of the estate of the
  separate property of an incapacitated spouse under Subsection (a)
  does not deprive the spouse who is not incapacitated of the right to
  manage, control, and dispose of the entire community estate as
  provided by this title. (Tex. Prob. Code, Secs. 883(a) (part), (b)
  (part).)
         Sec. 1353.004.  APPOINTMENT OF GUARDIAN OF THE ESTATE UNDER
  CERTAIN CIRCUMSTANCES. (a)  This section applies only if:
               (1)  a spouse who is not incapacitated is removed as
  community administrator; or
               (2)  the court finds that the spouse who is not
  incapacitated:
                     (A)  would be disqualified to serve as guardian
  under Subchapter H, Chapter 1104; or
                     (B)  is not suitable to serve as the community
  administrator for any other reason.
         (b)  The court shall appoint a guardian of the estate for the
  incapacitated spouse if the court:
               (1)  has not appointed a guardian of the estate under
  Section 1353.003(a); or
               (2)  has appointed the spouse who is not incapacitated
  as the guardian of the estate under Section 1353.003(a).
         (c)  After considering the financial circumstances of the
  spouses and any other relevant factors, the court may order the
  spouse who is not incapacitated to deliver to the guardian of the
  estate of the incapacitated spouse not more than one-half of the
  community property that is subject to the spouses' joint
  management, control, and disposition under Section 3.102, Family
  Code.
         (d)  The court shall authorize the guardian of the estate of
  the incapacitated spouse to administer:
               (1)  any separate property of the incapacitated spouse;
               (2)  any community property that is subject to the
  incapacitated spouse's sole management, control, and disposition
  under Section 3.102, Family Code;
               (3)  any community property delivered to the guardian
  of the estate under Subsection (c); and
               (4)  any income earned on property described by this
  section.
         (e)  Community property administered by a guardian of the
  estate under Subsection (d) is considered the incapacitated
  spouse's community property, subject to the incapacitated spouse's
  sole management, control, and disposition under Section 3.102,
  Family Code.  (Tex. Prob. Code, Secs. 883(c), (g) (part).)
         Sec. 1353.005.  ADMINISTRATION OF CERTAIN PROPERTY BY
  NON-INCAPACITATED SPOUSE.  (a)  On a person's removal as community
  administrator or on qualification of a guardian of the estate of the
  person's incapacitated spouse under Section 1353.004, as
  appropriate, a spouse who is not incapacitated shall continue to
  administer:
               (1)  the person's own separate property;
               (2)  any community property that is subject to the
  person's sole management, control, and disposition under Section
  3.102, Family Code;
               (3)  either:
                     (A)  any community property subject to the
  spouses' joint management, control, and disposition under Section
  3.102, Family Code; or
                     (B)  if the person is required to deliver a
  portion of that community property described by Paragraph (A) to
  the guardian of the estate of the person's incapacitated spouse
  under Section 1353.004(c), only the portion of the community
  property remaining after delivery; and
               (4)  any income earned on property described by this
  section the person is authorized to administer.
         (b)  Community property administered under this section by a
  spouse who is not incapacitated is considered that spouse's
  community property, subject to that spouse's sole management,
  control, and disposition under Section 3.102, Family Code.  (Tex.
  Prob. Code, Secs. 883(d), (g) (part).)
         Sec. 1353.006.  EFFECT OF COURT ORDER ON CREDITORS' CLAIMS.  
  A court order that directs the administration of community property
  under Section 1353.004 or 1353.005 does not affect the
  enforceability of a creditor's claim existing on the date the court
  renders the order. (Tex. Prob. Code, Sec. 883(h).)
  [Sections 1353.007-1353.050 reserved for expansion]
  SUBCHAPTER B. DUTIES OF COMMUNITY ADMINISTRATORS AND GUARDIANS OF
  THE ESTATE
         Sec. 1353.051.  INVENTORY AND APPRAISEMENT BY COMMUNITY
  ADMINISTRATOR. (a)  On its own motion or on the motion of an
  interested person for good cause shown, the court may order a
  community administrator to file a verified, full, and detailed
  inventory and appraisement of:
               (1)  any community property that is subject to the
  incapacitated spouse's sole management, control, and disposition
  under Section 3.102, Family Code;
               (2)  any community property subject to the spouses'
  joint management, control, and disposition under Section 3.102,
  Family Code; and
               (3)  any income earned on property described by this
  subsection.
         (b)  An inventory and appraisement ordered under this
  section must be:
               (1)  prepared in the same form and manner that is
  required of a guardian under Section 1154.051; and
               (2)  filed not later than the 90th day after the date
  the order is issued. (Tex. Prob. Code, Secs. 883B(a), (c).)
         Sec. 1353.052.  ACCOUNT BY COMMUNITY ADMINISTRATOR. (a)  At
  any time after the expiration of 15 months after the date a
  community administrator's spouse is judicially declared to be
  incapacitated, the court, on its own motion or on the motion of an
  interested person for good cause shown, may order the community
  administrator to prepare and file an account of:
               (1)  any community property that is subject to the
  incapacitated spouse's sole management, control, and disposition
  under Section 3.102, Family Code;
               (2)  any community property subject to the spouses'
  joint management, control, and disposition under Section 3.102,
  Family Code; and
               (3)  any income earned on property described by this
  subsection.
         (b)  An account ordered under Subsection (a) must be:
               (1)  prepared in the same form and manner that is
  required of a guardian under Subchapter A, Chapter 1163, except
  that the community administrator is not required to file the
  account annually with the county clerk; and
               (2)  filed not later than the 60th day after the date
  the order is issued.
         (c)  After an initial account has been filed by a community
  administrator under this section, the court, on the motion of an
  interested person for good cause shown, may order the community
  administrator to file subsequent periodic accounts at intervals of
  not less than 12 months. (Tex. Prob. Code, Secs. 883B(b), (d),
  (e).)
         Sec. 1353.053.  DISCLOSURE OF CERTAIN LAWSUITS TO THE COURT
  BY COMMUNITY ADMINISTRATOR. A person whose spouse is judicially
  declared to be incapacitated and who acquires the power to manage,
  control, and dispose of the entire community estate under Section
  1353.002(a) shall inform the court in writing of any suit filed by
  or on behalf of the person that:
               (1)  is a suit for dissolution of the marriage of the
  person and the person's incapacitated spouse; or
               (2)  names the incapacitated spouse as a defendant.
  (Tex. Prob. Code, Sec. 884A.)
         Sec. 1353.054.  DELIVERY OF COMMUNITY PROPERTY BY GUARDIAN
  OF THE ESTATE TO COMMUNITY ADMINISTRATOR. A guardian of the estate
  of an incapacitated married person who, as guardian, is
  administering community property as part of the ward's estate,
  shall deliver on demand the community property to the spouse who is
  not incapacitated if the spouse becomes community administrator
  under Section 1353.002(a). (Tex. Prob. Code, Sec. 884.)
  [Sections 1353.055-1353.100 reserved for expansion]
  SUBCHAPTER C. REMOVAL OR TERMINATION OF POWERS OF COMMUNITY
  ADMINISTRATOR
         Sec. 1353.101.  GROUNDS FOR REMOVAL OF COMMUNITY
  ADMINISTRATOR. A court may remove a community administrator if:
               (1)  the community administrator fails to comply with a
  court order for:
                     (A)  an inventory and appraisement under Section
  1353.051; or
                     (B)  an account or subsequent account under
  Section 1353.052;
               (2)  sufficient grounds appear to support belief that
  the community administrator has misapplied or embezzled, or is
  about to misapply or embezzle, all or part of the property committed
  to the community administrator's care;
               (3)  the community administrator is proved to have been
  guilty of gross misconduct or gross mismanagement in the
  performance of duties as community administrator; or
               (4)  the community administrator:
                     (A)  becomes an incapacitated person;
                     (B)  is sentenced to the penitentiary; or
                     (C)  for any other reason becomes legally
  incapacitated from properly performing the community
  administrator's fiduciary duties. (Tex. Prob. Code, Sec. 883C(a)
  (part).)
         Sec. 1353.102.  PROCEDURE FOR REMOVAL OF COMMUNITY
  ADMINISTRATOR. (a)  A court may remove a community administrator on
  the court's own motion or on the motion of an interested person,
  after the community administrator has been cited by personal
  service to answer at a time and place specified in the notice.
         (b)  The removal order must:
               (1)  state the cause of removal; and
               (2)  direct the disposition of the assets remaining in
  the name or under the control of the removed community
  administrator.
         (c)  A community administrator who defends an action for the
  removal of the community administrator in good faith, regardless of
  whether successful, is entitled to recover from the incapacitated
  spouse's part of the community estate the community administrator's
  necessary expenses and disbursements in the removal proceedings,
  including reasonable attorney's fees. (Tex. Prob. Code, Secs.
  883C(a) (part), (b), (c).)
         Sec. 1353.103.  TERMINATION OF COMMUNITY ADMINISTRATOR'S
  POWERS ON RECOVERY OF CAPACITY. The special powers of management,
  control, and disposition vested in the community administrator by
  this title terminate when a court of competent jurisdiction by
  decree finds that the mental capacity of the incapacitated spouse
  has been recovered. (Tex. Prob. Code, Sec. 883A.)
  [Sections 1353.104-1353.150 reserved for expansion]
  SUBCHAPTER D. APPOINTMENT OF ATTORNEY AD LITEM
         Sec. 1353.151.  APPOINTMENT OF ATTORNEY AD LITEM FOR
  INCAPACITATED SPOUSE. (a)  The court shall appoint an attorney ad
  litem to represent the interests of an incapacitated spouse in a
  proceeding to remove a community administrator or other proceeding
  brought under this chapter.
         (b)  The attorney ad litem may demand from the community
  administrator an account or inventory and appraisement of the
  incapacitated spouse's part of the community estate being managed
  by the community administrator.
         (c)  A community administrator shall comply with a demand
  made under this section not later than the 60th day after the date
  the community administrator receives the demand.
         (d)  An account or inventory and appraisement returned under
  this section must be prepared in the form and manner required by the
  attorney ad litem.  The attorney ad litem may require the community
  administrator to file the account or inventory and appraisement with the court. (Tex. Prob. Code, Sec. 883D.)
 
  CHAPTER 1354. RECEIVERSHIP FOR ESTATES OF
  CERTAIN INCAPACITATED PERSONS
  Sec. 1354.001.  APPOINTMENT OF RECEIVER 
  Sec. 1354.002.  BOND 
  Sec. 1354.003.  POWERS AND DUTIES OF RECEIVER 
  Sec. 1354.004.  EXPENDITURES BY RECEIVER 
  Sec. 1354.005.  USE OF EXCESS ESTATE ASSETS 
  Sec. 1354.006.  RECEIVER'S EXPENSES, ACCOUNT, AND
                   COMPENSATION 
  Sec. 1354.007.  CLOSING RECEIVERSHIP; NOTICE 
  Sec. 1354.008.  DISCHARGE OF RECEIVER 
  Sec. 1354.009.  RECORD 
  CHAPTER 1354. RECEIVERSHIP FOR ESTATES OF
  CERTAIN INCAPACITATED PERSONS
         Sec. 1354.001.  APPOINTMENT OF RECEIVER. (a)  A judge of a
  probate court in the county in which an incapacitated person
  resides or in which the incapacitated person's endangered estate is
  located shall, with or without application, enter an order
  appointing a suitable person as receiver to take charge of the
  estate if:
               (1)  it appears that all or part of the estate of the
  incapacitated person is in danger of injury, loss, or waste and in
  need of a guardianship or other representative;
               (2)  there is no guardian of the estate who is qualified
  in this state; and
               (3)  a guardian is not needed.
         (b)  The court order must specify the duties and powers of
  the receiver the judge considers necessary for the protection,
  conservation, and preservation of the estate.
         (c)  The clerk shall enter an order issued under this section
  in the judge's guardianship docket. (Tex. Prob. Code, Sec. 885(a)
  (part).)
         Sec. 1354.002.  BOND. (a)  A court order issued under
  Section 1354.001 shall require a receiver appointed under that
  section to give a bond, as in ordinary receiverships, in an amount
  the judge considers necessary to protect the estate.
         (b)  The person appointed as receiver shall:
               (1)  make and submit a bond for the judge's approval;
  and
               (2)  file the bond, when approved, with the clerk.
  (Tex. Prob. Code, Sec. 885(a) (part).)
         Sec. 1354.003.  POWERS AND DUTIES OF RECEIVER. The person
  appointed as receiver shall take charge of the endangered estate as
  provided by the powers and duties vested in the person by the order
  of appointment and subsequent orders of the judge. (Tex. Prob.
  Code, Sec. 885(a) (part).)
         Sec. 1354.004.  EXPENDITURES BY RECEIVER. (a) If, while the
  receivership is pending, the needs of the incapacitated person
  require the use of the income or corpus of the estate for the
  education, clothing, or subsistence of the person, the judge shall,
  with or without application, enter an order in the judge's
  guardianship docket that appropriates an amount of income or corpus
  sufficient for that purpose.
         (b)  The receiver shall use the amount appropriated by the
  court to pay a claim for the education, clothing, or subsistence of
  the incapacitated person that is presented to the judge for
  approval and ordered by the judge to be paid. (Tex. Prob. Code,
  Sec. 885(b).)
         Sec. 1354.005.  USE OF EXCESS ESTATE ASSETS. (a) A receiver
  who, while the receivership is pending, has possession of an amount
  of money belonging to the incapacitated person in excess of the
  amount needed for current necessities and expenses may, under
  direction of the judge, invest, lend, or contribute all or part of
  the excess money in the manner, for the security, and on the terms
  provided by this title for investments, loans, or contributions by
  guardians.
         (b)  The receiver shall report to the judge all transactions
  made under this section in the same manner that a report is required
  of a guardian under this title. (Tex. Prob. Code, Sec. 885(c).)
         Sec. 1354.006.  RECEIVER'S EXPENSES, ACCOUNT, AND
  COMPENSATION. (a) All necessary expenses incurred by a receiver in
  administering the estate may be reported monthly to the judge in the
  form of a sworn statement of account that includes a report of:
               (1)  the receiver's acts;
               (2)  the condition of the estate;
               (3)  the status of the threatened danger to the estate;
  and
               (4)  the progress made toward abatement of the danger.
         (b)  If the judge is satisfied that the statement is correct
  and reasonable in all respects, the judge shall promptly enter an
  order approving the expenses and authorizing reimbursement of the
  receiver from the estate funds in the receiver's possession.
         (c)  A receiver shall be compensated for services provided in
  the receiver's official capacity in the same manner and amount
  provided by this title for similar services provided by a guardian
  of an estate. (Tex. Prob. Code, Sec. 885(d).)
         Sec. 1354.007.  CLOSING RECEIVERSHIP; NOTICE. (a) When the
  threatened danger has abated and the estate is no longer liable to
  injury, loss, or waste because there is no guardian or other
  representative of the estate, the receiver shall:
               (1)  report to the judge; and
               (2)  file with the clerk a full and final sworn account
  of:
                     (A)  all property of the estate received by the
  receiver;
                     (B)  all property of the estate in the receiver's
  possession while the receivership was pending;
                     (C)  all sums paid out;
                     (D)  all acts performed by the receiver with
  respect to the estate; and
                     (E)  all property of the estate remaining in the
  receiver's possession on the date of the report.
         (b)  On the filing of the report, the clerk shall:
               (1)  issue and cause to be posted a notice to all
  persons interested in the welfare of the incapacitated person; and
               (2)  give personal notice to the person who has custody
  of the incapacitated person to appear before the judge at a time and
  place specified in the notice and contest the report and account if
  the person desires. (Tex. Prob. Code, Sec. 885(e).)
         Sec. 1354.008.  DISCHARGE OF RECEIVER. (a) If, on hearing
  the receiver's report and account, the judge is satisfied that the
  danger of injury, loss, or waste to the estate has abated and that
  the report and account are correct, the judge shall:
               (1)  enter an order finding that the danger of injury,
  loss, or waste to the estate has abated; and
               (2)  direct the receiver to deliver the estate to:
                     (A)  the person from whom the receiver took
  possession as receiver;
                     (B)  the person who has custody of the
  incapacitated person; or
                     (C)  another person the judge finds is entitled to
  possession of the estate.
         (b)  A person who receives the estate under Subsection (a)
  shall execute and file with the clerk an appropriate receipt for the
  estate that is delivered to the person.
         (c)  The judge's order shall discharge the receivership and
  the sureties on the receiver's bond.
         (d)  If the judge is not satisfied that the danger has
  abated, or is not satisfied with the receiver's report and account,
  the judge shall enter an order continuing the receivership in
  effect until the judge is satisfied that the danger has abated or is
  satisfied with the report and account. (Tex. Prob. Code, Sec.
  885(f).)
         Sec. 1354.009.  RECORD. An order, bond, report, account, or
  notice in a receivership proceeding must be recorded in the judge's guardianship docket. (Tex. Prob. Code, Sec. 885(g).)
 
  CHAPTER 1355. PAYMENT OF CERTAIN CLAIMS WITHOUT GUARDIANSHIP
  SUBCHAPTER A.  PAYMENT OF CLAIMS TO CERTAIN INCAPACITATED
  PERSONS AND FORMER WARDS
  Sec. 1355.001.  PAYMENT OF CLAIMS TO RESIDENT CREDITOR 
  Sec. 1355.002.  PAYMENT OF CLAIMS TO NONRESIDENT
                   CREDITOR 
  [Sections 1355.003-1355.050 reserved for expansion]
  SUBCHAPTER B. ADMINISTRATION OF MONEY
  Sec. 1355.051.  INVESTMENT OF MONEY BY CLERK 
  Sec. 1355.052.  ANNUAL REPORT 
  [Sections 1355.053-1355.100 reserved for expansion]
  SUBCHAPTER C. WITHDRAWAL OF MONEY
  Sec. 1355.101.  APPLICABILITY OF SUBCHAPTER 
  Sec. 1355.102.  CUSTODIAN OF RESIDENT CREDITOR 
  Sec. 1355.103.  WITHDRAWAL OF MONEY BY CUSTODIAN; BOND 
  Sec. 1355.104.  CUSTODIAN'S REPORT 
  Sec. 1355.105.  WITHDRAWAL OF MONEY BY CREDITOR OR
                   CREDITOR'S HEIR OR REPRESENTATIVE 
  [Sections 1355.106-1355.150 reserved for expansion]
  SUBCHAPTER D. USE OF MONEY BY ELEEMOSYNARY INSTITUTION
  FOR BENEFIT OF RESIDENT
  Sec. 1355.151.  APPLICABILITY OF SUBCHAPTER 
  Sec. 1355.152.  PAYMENT OF MONEY TO INSTITUTION 
  Sec. 1355.153.  DEPOSIT OF MONEY IN TRUST 
  Sec. 1355.154.  DEATH OF RESIDENT OR DEPLETION OF MONEY 
  CHAPTER 1355. PAYMENT OF CERTAIN CLAIMS WITHOUT GUARDIANSHIP
  SUBCHAPTER A.  PAYMENT OF CLAIMS TO CERTAIN INCAPACITATED
  PERSONS AND FORMER WARDS
         Sec. 1355.001.  PAYMENT OF CLAIMS TO RESIDENT CREDITOR.  (a)  
  In this section, "resident creditor" means a person who:
               (1)  is a resident of this state; and
               (2)  is entitled to money in an amount that is $100,000
  or less, the right to which is liquidated and is uncontested in any
  pending lawsuit.
         (b)  This section applies only to a resident creditor who:
               (1)  is an incapacitated person or the former ward of a
  guardianship terminated under Chapter 1204; and
               (2)  does not have a legal guardian of the creditor's
  estate.
         (c)  A debtor who owes money to a resident creditor to whom
  this section applies may pay the money to the county clerk of the
  county in which the creditor resides to the account of the creditor.  
  When making a payment under this subsection, a debtor shall give to
  the clerk:
               (1)  the creditor's name;
               (2)  the creditor's social security identification
  number;
               (3)  the nature of the creditor's disability;
               (4)  the creditor's post office address; and
               (5)  if the creditor is a minor, the creditor's age.
         (d)  The receipt for the money signed by the county clerk is
  binding on the resident creditor as of the date of receipt and to
  the extent of the payment.
         (e)  The county clerk shall:
               (1)  by letter mailed to the address given under
  Subsection (c)(4), apprise the resident creditor that the deposit
  was made; and
               (2)  on receipt of the payment, bring the payment to the
  court's attention.  (Tex. Prob. Code, Sec. 887(a) (part).)
         Sec. 1355.002.  PAYMENT OF CLAIMS TO NONRESIDENT CREDITOR.  
  (a)  In this section, "creditor" means a person who is entitled to
  money in an amount that is not more than $100,000 owing as a result
  of transactions in this state, the right to which is liquidated and
  is uncontested in any pending lawsuit in this state.
         (b)  This section applies only to a creditor who is a
  nonresident minor, a nonresident person who is adjudged by a court
  of competent jurisdiction to be incapacitated, or the former ward
  of a guardianship terminated under Chapter 1204 who has no legal
  guardian qualified in this state.
         (c)  A debtor in this state who owes money to a creditor to
  whom this section applies may pay the money:
               (1)  to the creditor's guardian qualified in the
  domiciliary jurisdiction; or
               (2)  to the county clerk of:
                     (A)  any county in this state in which real
  property owned by the creditor is located; or
                     (B)  if the creditor is not known to own real
  property in this state, the county in which the debtor resides.
         (d)  A payment made under this section is for the creditor's
  account and for the creditor's use and benefit.
         (e)  A receipt for payment signed by the county clerk is
  binding on the creditor as of the date and to the extent of payment
  if the receipt states:
               (1)  the creditor's name; and
               (2)  the creditor's post office address, if the address
  is known.
         (f)  A county clerk who receives a payment under Subsection
  (c) shall handle the money in the same manner as provided for a
  payment to the account of a resident creditor under Sections
  1355.001, 1355.051, 1355.052, 1355.102, 1355.103, and 1355.104.  
  Those sections apply to the handling and disposition of money or any
  increase, dividend, or income paid to the clerk for the use,
  benefit, and account of the creditor to whom this section applies.  
  (Tex. Prob. Code, Sec. 887(e).)
  [Sections 1355.003-1355.050 reserved for expansion]
  SUBCHAPTER B. ADMINISTRATION OF MONEY
         Sec. 1355.051.  INVESTMENT OF MONEY BY CLERK.  (a)  On
  receipt of a payment under Section 1355.001, the county clerk shall
  invest the money as authorized under this title under court order in
  the name and for the account of the minor or other person entitled
  to the money.
         (b)  The county clerk shall credit any increase, dividend, or
  income from an investment made under this chapter to the account of
  the minor or other person entitled to the investment.  (Tex. Prob.
  Code, Sec. 887(a) (part).)
         Sec. 1355.052.  ANNUAL REPORT. Not later than March 1 of
  each year, the court clerk shall make a written report to the court
  of the status of an investment made by the county clerk under
  Section 1355.051. The report must contain:
               (1)  the amount of the original investment or the value
  of the investment at the last annual report, whichever is later;
               (2)  any increase, dividend, or income from the
  investment since the last annual report;
               (3)  the total amount of the investment and all
  increases, dividends, or income at the date of the report; and
               (4)  the name of the depository or the type of
  investment.  (Tex. Prob. Code, Sec. 887(b).)
  [Sections 1355.053-1355.100 reserved for expansion]
  SUBCHAPTER C. WITHDRAWAL OF MONEY
         Sec. 1355.101.  APPLICABILITY OF SUBCHAPTER.  Except as
  provided by Section 1355.105, this subchapter applies only to a
  resident creditor to whom Section 1355.001 applies.  (New.)
         Sec. 1355.102.  CUSTODIAN OF RESIDENT CREDITOR. (a)  The
  following may serve as custodian of a resident creditor under this
  section:
               (1)  a parent of the creditor;
               (2)  the unestranged spouse of the creditor; or
               (3)  if there is no spouse and both of the creditor's
  parents are dead or nonresidents of this state, the person who:
                     (A)  resides in this state; and
                     (B)  has actual custody of the creditor.
         (b)  An unestranged spouse residing in this state shall be
  given priority over a creditor's parent to serve as custodian under
  this subchapter.  (Tex. Prob. Code, Sec. 887(c) (part).)
         Sec. 1355.103.  WITHDRAWAL OF MONEY BY CUSTODIAN; BOND.  (a)  
  A resident creditor's custodian may withdraw the money from the
  court clerk for the creditor's use and benefit if the custodian
  files with the clerk:
               (1)  a written application; and
               (2)  a bond approved by the county judge.
         (b)  A custodian's bond must be:
               (1)  twice the amount of the money to be withdrawn by
  the custodian;
               (2)  payable to the judge or the judge's successors in
  office; and
               (3)  conditioned that the custodian will:
                     (A)  use the money for the resident creditor's
  benefit under the court's direction; and
                     (B)  when legally required, faithfully account to
  the resident creditor and the creditor's heirs or legal
  representatives for the money and any increase to the money on:
                           (i)  the removal of the creditor's
  disability;
                           (ii)  the creditor's death; or
                           (iii)  the appointment of a guardian for the
  creditor.
         (c)  A custodian may not receive a fee or commission for
  taking care of, handling, or spending money withdrawn by the
  custodian.  (Tex. Prob. Code, Sec. 887(c) (part).)
         Sec. 1355.104.  CUSTODIAN'S REPORT.  (a)  The custodian
  shall file with the county clerk a sworn report of the custodian's
  accounting when the custodian has:
               (1)  spent the money in accordance with the court's
  directions; or
               (2)  otherwise complied with the terms of the
  custodian's bond by accounting for the money and any increase in the
  money.
         (b)  The filing of a custodian's report, when approved by the
  court, operates as a discharge of the person as custodian and of the
  person's sureties from all further liability under the bond.
         (c)  The court shall satisfy itself that the custodian's
  report is true and correct and may require proof as in other cases.  
  (Tex. Prob. Code, Sec. 887(d).)
         Sec. 1355.105.  WITHDRAWAL OF MONEY BY CREDITOR OR
  CREDITOR'S HEIR OR REPRESENTATIVE.  (a) On presentation to the
  court clerk of an order of a county or probate court of the county in
  which the money is held, money that is not withdrawn by an
  authorized person as provided by this chapter may be withdrawn by:
               (1)  the creditor, after termination of the creditor's
  disability;
               (2)  a subsequent personal representative of the
  creditor; or
               (3)  the creditor's heirs.
         (b)  A withdrawal under Subsection (a) may be made at any
  time and without a special bond for that purpose.
         (c)  The order presented under Subsection (a) must direct the
  court clerk to deliver the money to the creditor, the creditor's
  personal representative, or the creditor's heirs named in the
  order.
         (d)  Before the court may issue an order under this section,
  the person's identity and credentials must be proved to the court's
  satisfaction.  (Tex. Prob. Code, Sec. 887(f).)
  [Sections 1355.106-1355.150 reserved for expansion]
  SUBCHAPTER D. USE OF MONEY BY ELEEMOSYNARY INSTITUTION
  FOR BENEFIT OF RESIDENT
         Sec. 1355.151.  APPLICABILITY OF SUBCHAPTER.  This
  subchapter applies only to money of a resident of an eleemosynary
  institution of this state that is on deposit in a court registry and
  does not exceed $10,000.  (Tex. Prob. Code, Sec. 887(g) (part).)
         Sec. 1355.152.  PAYMENT OF MONEY TO INSTITUTION. (a) The
  judge of a county court, district court, or other court of this
  state may by order direct the court clerk to pay money to an
  eleemosynary institution of this state for the use and benefit of a
  resident of the institution if the court receives satisfactory
  proof by affidavit or otherwise that the resident:
               (1)  is a person who has a mental disability, an
  incapacitated person, or a person whose mental illness or mental
  incapacity renders the person incapable of caring for himself or
  herself and of managing the person's property and financial
  affairs; and
               (2)  has no known legal guardian appointed for the
  resident's estate.
         (b)  The affidavit under Subsection (a) may be executed by
  the superintendent, business manager, or field representative of
  the institution of which the person is a resident.
         (c)  The institution to which the payment is made under
  Subsection (a) may not be required to give bond or security for
  receiving the money from the court registry.
         (d)  The receipt from the institution for a payment, or the
  canceled check or warrant by which the payment was made:
               (1)  is sufficient evidence of the disposition of the
  payment; and
               (2)  relieves the court clerk from further
  responsibility for the disposition. (Tex. Prob. Code, Sec. 887(g)
  (part).)
         Sec. 1355.153.  DEPOSIT OF MONEY IN TRUST. (a) On receipt of
  money under this subchapter, an eleemosynary institution shall
  deposit all of the money received to the resident's trust account.
         (b)  Money deposited in a trust account may be used only:
               (1)  by or for the personal use of the owner of the
  trust account, under the rules or custom of the institution in the
  expenditure of money by a resident; or
               (2)  by the responsible officer of the institution, for
  the resident's use and benefit.  (Tex. Prob. Code, Sec. 887(g)
  (part).)
         Sec. 1355.154.  DEATH OF RESIDENT OR DEPLETION OF MONEY.  (a)  
  After the expenditure of all money in a resident's trust account, or
  after the resident's death, the responsible officer of the
  eleemosynary institution shall furnish a statement of expenditures
  of the money to the resident's nearest relative who is entitled to
  receive the statement.
         (b)  A copy of the statement described by Subsection (a)
  shall be filed with the court that first granted the order to
  dispose of the money in accordance with this title.
         (c)  The balance of a trust account of a resident of an
  eleemosynary institution who dies may be applied to:
               (1)  the resident's burial expenses; or
               (2)  the care, support, and treatment account of the
  resident at the institution.  (Tex. Prob. Code, Sec. 887(g) (part).)
 
  CHAPTER 1356. COURT APPROVAL OF CERTAIN ARTS AND
  ENTERTAINMENT, ADVERTISEMENT, AND SPORTS CONTRACTS
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 1356.001.  DEFINITIONS 
  Sec. 1356.002.  DURATION OF CONTRACT OF A MINOR 
  [Sections 1356.003-1356.050 reserved for expansion]
  SUBCHAPTER B. COURT ACTION REGARDING CERTAIN CONTRACTS
  Sec. 1356.051.  APPROVAL OF CERTAIN CONTRACTS OF A
                   MINOR 
  Sec. 1356.052.  NOTICE REQUIRED 
  Sec. 1356.053.  NECESSARY PARTIES TO PROCEEDING 
  Sec. 1356.054.  SET-ASIDE AND PRESERVATION OF PORTION
                   OF NET EARNINGS 
  Sec. 1356.055.  VALID CONTRACT NOT VOIDABLE 
  Sec. 1356.056.  GUARDIAN AD LITEM 
  CHAPTER 1356. COURT APPROVAL OF CERTAIN ARTS AND
  ENTERTAINMENT, ADVERTISEMENT, AND SPORTS CONTRACTS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 1356.001.  DEFINITIONS. In this chapter:
               (1)  "Advertise" means to solicit or induce the
  purchase of consumer goods or services through electronic or print
  media, including:
                     (A)  radio;
                     (B)  television;
                     (C)  computer; or
                     (D)  direct mail.
               (2)  "Advertisement contract" means a contract under
  which a person is employed or agrees to advertise consumer goods or
  services.
               (3)  "Artist" means:
                     (A)  an actor who performs in a motion picture,
  theatrical, radio, television, or other entertainment production;
                     (B)  a musician or musical director;
                     (C)  a director or producer of a motion picture,
  theatrical, radio, television, or other entertainment production;
                     (D)  a writer;
                     (E)  a cinematographer;
                     (F)  a composer, lyricist, or arranger of musical
  compositions;
                     (G)  a dancer or choreographer of musical
  productions;
                     (H)  a model; or
                     (I)  any other individual who provides similar
  professional services in a motion picture, theatrical, radio,
  television, or other entertainment production.
               (4)  "Arts and entertainment contract" means a contract
  under which:
                     (A)  an artist is employed or agrees to provide
  services in a motion picture, theatrical, radio, television, or
  other entertainment production; or
                     (B)  a person agrees to purchase, secure, sell,
  lease, license, or otherwise dispose of literary, musical, or
  dramatic tangible or intangible property or any rights in that
  property for use in the field of entertainment, including:
                           (i)  a motion picture;
                           (ii)  television;
                           (iii)  the production of phonograph records;
  or
                           (iv)  theater.
               (5)  "Consumer goods" means goods used or bought for
  use primarily for personal, family, or household purposes.
               (6)  "Net earnings," with respect to a minor, means the
  total amount to be received for the services of the minor under a
  contract less:
                     (A)  the amount required by law to be paid as taxes
  to any government or governmental agency;
                     (B)  a reasonable amount to be spent for the
  support, care, maintenance, education, and training of the minor;
                     (C)  fees and expenses paid in connection with
  procuring the contract or maintaining employment of the minor; and
                     (D)  attorney's fees for services provided in
  connection with the contract or any other business of the minor.
               (7)  "Sports contract" means a contract under which an
  athlete is employed or agrees to participate, compete, or engage in
  a sports or athletic activity at a professional or amateur sports
  event or athletic event.  (Tex. Prob. Code, Secs. 901, 904(a).)
         Sec. 1356.002.  DURATION OF CONTRACT OF A MINOR. This
  chapter may not be construed to authorize a contract that binds a
  minor after the seventh anniversary of the date of the contract.  
  (Tex. Prob. Code, Sec. 902.)
  [Sections 1356.003-1356.050 reserved for expansion]
  SUBCHAPTER B. COURT ACTION REGARDING CERTAIN CONTRACTS
         Sec. 1356.051.  APPROVAL OF CERTAIN CONTRACTS OF A MINOR.
  (a)  On the petition of the guardian of the estate of a minor, a
  court may issue an order approving for purposes of this chapter an
  arts and entertainment contract, advertisement contract, or sports
  contract that is entered into by the minor.
         (b)  Approval of a contract under this section extends to the
  contract as a whole and each term and provision of the contract,
  including any optional or conditional contract provision relating
  to the extension or termination of the contract's term.
         (c)  A court may withhold approval of a contract in which
  part of the minor's net earnings will be set aside as provided by
  Section 1356.054 until the guardian of the minor's estate executes
  and files with the court written consent to the issuance of the
  order.  (Tex. Prob. Code, Secs. 903(a) (part), (b), (c).)
         Sec. 1356.052.  NOTICE REQUIRED. Before the court may
  approve a contract under Section 1356.051, the guardian of the
  minor's estate must provide the other party to the contract notice
  of the petition and an opportunity to request a hearing in the
  manner provided by the court.  (Tex. Prob. Code, Sec. 903(a)
  (part).)
         Sec. 1356.053.  NECESSARY PARTIES TO PROCEEDING. Each
  parent of a minor for whom a proceeding is brought under Section
  1356.051 is a necessary party to the proceeding.  (Tex. Prob. Code,
  Sec. 903(e).)
         Sec. 1356.054.  SET-ASIDE AND PRESERVATION OF PORTION OF NET
  EARNINGS. (a) Notwithstanding any other law, in an order issued
  under Section 1356.051, the court may require that a portion of the
  net earnings of the minor under the contract be set aside and
  preserved for the benefit of the minor in a trust created under
  Section 1301.053 or 1301.054 or a similar trust created under the
  laws of another state.
         (b)  The amount to be set aside under this section must be
  reasonable as determined by the court.  (Tex. Prob. Code, Sec.
  904(b).)
         Sec. 1356.055.  VALID CONTRACT NOT VOIDABLE. A contract
  approved under Section 1356.051 that is otherwise valid is not
  voidable solely on the ground that it was entered into by a person
  during the age of minority.  (Tex. Prob. Code, Sec. 903(d).)
         Sec. 1356.056.  GUARDIAN AD LITEM. The court may appoint a
  guardian ad litem for a minor who has entered into an arts and
  entertainment contract, advertisement contract, or sports contract
  if the court finds that the appointment would be in the best
  interest of the minor.  (Tex. Prob. Code, Sec. 905.)
  [Subtitles J-X reserved for expansion]
  SUBTITLE Y. TEXAS PROBATE CODE: SCOPE, JURISDICTION, AND VENUE
  PART 1. GENERAL PROVISIONS
  SUBPART A. PROCEEDINGS IN REM
  [Reserved for expansion]
  PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS
  SUBPART A. JURISDICTION
  [Reserved for expansion]
  SUBPART B. VENUE
  [Reserved for expansion]
  SUBPART C. DUTIES AND RECORDS OF CLERK
  [Reserved for expansion]
  SUBTITLE Z. TEXAS PROBATE CODE; ADDITIONAL GUARDIANSHIP PROVISIONS
  PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS
  SUBPART H. COMPENSATION, EXPENSES, AND COURT COSTS
  [Reserved for expansion]
  ARTICLE 2. CONFORMING AMENDMENTS
  SECTION 2.01.  CONFORMING AMENDMENT.  Section 21.001,
  Estates Code, as effective January 1, 2014, is amended to read as
  follows:
         Sec. 21.001.  PURPOSE OF CODE. (a)  This code is [title and
  Subtitles A through M, Title 2, are] enacted as a part of the
  state's continuing statutory revision program, begun by the Texas
  Legislative Council in 1963 as directed by the legislature in the
  law codified as Section 323.007, Government Code.  The program
  contemplates a topic-by-topic revision of the state's general and
  permanent statute law without substantive change.
         (b)  Consistent with the objectives of the statutory
  revision program, the purpose of this code, except Subtitles X and
  Y, Title 2, and Subtitles Y and Z, Title 3 [title and Subtitles A
  through M, Title 2], is to make the law encompassed by this code,
  except Subtitles X and Y, Title 2, and Subtitles Y and Z, Title 3
  [title and Subtitles A through M, Title 2], more accessible and
  understandable by:
               (1)  rearranging the statutes into a more logical
  order;
               (2)  employing a format and numbering system designed
  to facilitate citation of the law and to accommodate future
  expansion of the law;
               (3)  eliminating repealed, duplicative,
  unconstitutional, expired, executed, and other ineffective
  provisions; and
               (4)  restating the law in modern American English to
  the greatest extent possible.
         (c)  The provisions of Subtitles X and [,] Y, [and Z of] Title
  2, and Subtitles Y and Z, Title 3, [25] are transferred from the
  Texas Probate Code and redesignated as part of this code, but are
  not revised as part of the state's continuing statutory revision
  program.
         SECTION 2.02.  CONFORMING AMENDMENT.  Section 21.002,
  Estates Code, as effective January 1, 2014, is amended to read as
  follows:
         Sec. 21.002.  CONSTRUCTION. (a)  Except as provided by this
  section, Section 22.027, or Section 1002.023, Chapter 311,
  Government Code (Code Construction Act), applies to the
  construction of a provision of this code [title or Subtitle A, B, C,
  D, E, F, G, H, I, J, K, L, or M, Title 2].
         (b)  Chapter 311, Government Code (Code Construction Act), 
  [That chapter] does not apply to the construction of a provision of
  Subtitle X or [,] Y, [or Z of] Title 2, or Subtitle Y or Z, Title 3
  [25].
         SECTION 2.03.  CONFORMING AMENDMENT.  Section 21.003(b),
  Estates Code, as effective January 1, 2014, is amended to read as
  follows:
         (b)  A reference in Subtitle X or [,] Y, [or Z,] Title 2, or
  Subtitle Y or Z, Title 3, [25] to a chapter, a part, a subpart, a
  section, or any portion of a section "of this code" is a reference
  to the chapter, part, subpart, section, or portion of a section as
  redesignated in the Estates Code, except that:
               (1)  a reference in Subtitle X or [,] Y, [or Z,] Title
  2, or Subtitle Y or Z, Title 3, [25] to Chapter I is a reference to
  Chapter I, Estates Code, and to the revision of sections derived
  from Chapter I, Texas Probate Code, and any reenactments and
  amendments to those sections; and
               (2)  a reference in Subtitle X or [,] Y, [or Z,] Title
  2, or Subtitle Y or Z, Title 3, [25] to a chapter, part, subpart,
  section, or portion of a section that does not exist in the Estates
  Code is a reference to the revision or redesignation of the
  corresponding chapter, part, subpart, section, or portion of a
  section of the Texas Probate Code and any reenactments or
  amendments.
         SECTION 2.04.  CONFORMING AMENDMENT.  Section 21.005,
  Estates Code, as effective January 1, 2014, is amended to read as
  follows:
         Sec. 21.005.  APPLICABILITY OF CERTAIN LAWS.  
  Notwithstanding Section 21.002(b) [21.002] of this code and Section
  311.002, Government Code:
               (1)  Section 311.032(c), Government Code, applies to
  Subtitles X and [,] Y, [and Z of] Title 2, and Subtitles Y and Z,
  Title 3 [25]; and
               (2)  Sections 311.005(4) and 311.012(b) and (c),
  Government Code, apply to Subtitles X and [,] Y, [and Z of] Title 2,
  and Subtitles Y and Z, Title 3.
  SECTION 2.05.  CONFORMING AMENDMENT. The heading to Title
  2, Estates Code, as effective January 1, 2014, is amended to read as
  follows:
  TITLE 2.  ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY
  ARTICLE 3. TRANSFER AND REDESIGNATION; REPEALER
         SECTION 3.01.  TRANSFER AND REDESIGNATION.  (a)  Section
  604, Texas Probate Code, is transferred to Subpart A, Part 1,
  Subtitle Y, Title 3, Estates Code, as added by Section 1.02 of this
  Act, and redesignated as Section 604, Estates Code.
         (b)  Sections 605, 606, 607, 608, and 609, Texas Probate
  Code, are transferred to Subpart A, Part 2, Subtitle Y, Title 3,
  Estates Code, as added by Section 1.02 of this Act, and redesignated
  as Sections 605, 606, 607, 608, and 609, Estates Code,
  respectively.
         (c)  Sections 610, 611, 612, 613, 614, 615, 616, 617, and
  618, Texas Probate Code, are transferred to Subpart B, Part 2,
  Subtitle Y, Title 3, Estates Code, as added by Section 1.02 of this
  Act, and redesignated as Sections 610, 611, 612, 613, 614, 615, 616,
  617, and 618, Estates Code, respectively.
         (d)  Section 631, Texas Probate Code, is transferred to
  Subpart C, Part 2, Subtitle Y, Title 3, Estates Code, as added by
  Section 1.02 of this Act, and redesignated as Section 631, Estates
  Code.
         (e)  Section 665B, Texas Probate Code, as amended by Chapters
  314 (H.B. 587) and 930 (H.B. 3080), Acts of the 81st Legislature,
  Regular Session, 2009, is transferred to Subpart H, Part 2,
  Subtitle Z, Title 3, Estates Code, as added by Section 1.02 of this
  Act, and redesignated as Section 665B, Estates Code.
         SECTION 3.02.  REPEALER.  (a) Sections 481, 482, 483, 484,
  485, 485A, 486, 487, 487A, 488, 489, 489B, 490, 491, 492, 493, 494,
  495, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 601,
  602, 603, 621, 622, 623, 624, 625, 626, 627, 627A, 628, 629, 630,
  632, 633, 634, 635, 636, 641, 642, 643, 644, 645, 645A, 646, 647,
  647A, 648, 648A, 649, 650, 651, 653, 654, 655, 656, 657, 659, 660,
  661, 662, 663, 665, 665A, 665C, 665D, 666, 667, 668, 669, 670, 671,
  672, 673, 674, 675, 676, 677, 677A, 677B, 678, 679, 679A, 680, 681,
  682, 682A, 683, 683A, 684, 685, 686, 687, 689, 690, 692, 693, 694,
  694A, 694B, 694C, 694D, 694E, 694F, 694G, 694H, 694I, 694J, 694K,
  694L, 695, 695A, 696, 696A, 696B, 697, 697A, 697B, 698, 699, 700,
  701, 702, 702A, 703, 704, 705, 706, 707, 708, 708A, 709, 710, 711,
  712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724,
  725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737,
  738, 739, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751,
  752, 753, 754, 755, 756, 757, 758, 759, 760, 760A, 760B, 761, 762,
  763, 764, 765, 767, 768, 769, 770, 770A, 771, 772, 773, 774, 775,
  776, 776A, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787,
  788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800,
  801, 802, 803, 804, 805, 806, 807, 808, 809, 811, 812, 813, 814,
  815, 816, 817, 818, 819, 820, 821, 823, 824, 824A, 825, 826, 827,
  828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 839, 840, 841,
  842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854,
  855, 855A, 855B, 857, 858, 860, 861, 862, 863, 865, 865A, 866, 867,
  867A, 868, 868A, 868B, 868C, 869, 869A, 869B, 869C, 870, 871, 872,
  873, 874, 875, 876, 877, 878, 879, 881, 881A, 882, 883, 883A, 883B,
  883C, 883D, 884, 884A, 885, 887, 889, 889A, 890, 890A, 891, 892,
  893, 894, 901, 902, 903, 904, 905, 910, 911, 912, 913, 914, 915, and
  916, Texas Probate Code, are repealed.
         (b)  Subtitles M and Z, Title 2, and Title 25, Estates Code,
  as effective January 1, 2014, are repealed.
         (c)  Sections 4 and 5, Chapter 680 (H.B. 2502), Acts of the
  81st Legislature, Regular Session, 2009, which transferred and
  redesignated Chapters XII and XIII, Texas Probate Code, are
  repealed.
         SECTION 3.03.  LEGISLATIVE INTENT: TRANSFERS FROM TEXAS
  PROBATE CODE. It is the intent of the legislature that, with
  respect to any provision of the Texas Probate Code that is
  transferred by this Act to the Estates Code and redesignated as a
  provision of that code effective January 1, 2014, the transferred
  provision include all amendments to that provision enacted by the
  82nd and 83rd Legislatures and any reenactments of the provision by
  those legislatures.
  ARTICLE 4. GENERAL MATTERS
         SECTION 4.01.  LEGISLATIVE INTENT. This Act is enacted
  under Section 43, Article III, Texas Constitution. This Act is
  intended as a recodification only, and no substantive change in law
  is intended by this Act.
         SECTION 4.02.  SAVING PROVISION. (a) This section applies
  in addition to the saving provisions specified by Sections
  311.031(c) and (d), Government Code (Code Construction Act).
         (b)  The repeal of a statute by this Act does not affect an
  amendment, revision, or reenactment of the statute by the 83rd
  Legislature. The amendment, revision, or reenactment made by the
  83rd Legislature is preserved and given effect as part of the code
  provision that revised the statute so amended, revised, or
  reenacted.
         (c)  If any provision of Subtitle P, Title 2, or Subtitle A,
  C, D, E, F, G, H, or I, Title 3, Estates Code, as added by this Act
  effective January 1, 2014, conflicts with a statute enacted by the
  83rd Legislature, the statute controls.
         SECTION 4.03.  EFFECTIVE DATE. This Act takes effect
  January 1, 2014.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2759 was passed by the House on May
  10, 2011, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2759 was passed by the Senate on May
  19, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor