By: Thompson of Harris H.B. No. 2915
  relating to relating to notice and costs in guardianship
         SECTION 1.  Section 1053.052 of the Texas Estates Code is
  amended to add the following subsection (d):
         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
         (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
         (d)  Security for costs may be required of a person pursuant
  to this Section, other than a person excluded by Subsection (c),
  regardless whether costs can be assessed against such person
  following a determination of the application on the merits.
         SECTION 2.  Section 1155.051 of the Texas Estates Code is
  amended to read as follows:
  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; provided, however, that
  the court may tax these costs against a trust benefiting the
  proposed ward.
         (c)  Costs to create a guardianship are chargeable against an
  Applicant unless the Applicant files an affidavit of indigency or
  is a government or nonprofit agency providing guardianship
  services.  Nothing herein prevents an Applicant from being
  reimbursed from the guardianship estate, if one exists, or from any
  trust in which the ward has a beneficial interest.
         SECTION 3.  Section 1155.151 of the Texas Estates Code is
  amended to read as follows:
  (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 (i) the guardianship
  estate [,] or a trust benefiting the ward then existing or
  thereafter created or (ii) [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
         (c)  For purposes of this Section 1155.151, the costs of the
  proceeding do not include any fees assessed by the county clerk upon
  the filing of an application for the creation of a guardianship.  
  After the creation of a guardianship, an applicant paying such fees
  can seek reimbursement from a ward's estate or a trust created to
  benefit the ward.
         SECTION 4.  The change in law made by this Act to the Estates
  Code applies only to a proceeding brought on or after the effective
  date of this Act.  An action brought before the effective date of
  this Act is governed by the law in effect immediately before that
  date, and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect January 1, 2014.