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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement to obtain certification for attorneys |
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representing persons in guardianship proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 1054, Estates Code, is |
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amended to read as follows: |
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CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND |
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ATTORNEYS |
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SECTION 2. The heading to Subchapter E, Chapter 1054, |
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Estates Code, is amended to read as follows: |
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SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED] |
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ATTORNEY |
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SECTION 3. Section 1054.201(a), Estates Code, is amended to |
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read as follows: |
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(a) An attorney representing any person's interests [for an
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applicant for guardianship and a court-appointed attorney] in a |
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guardianship proceeding, including an attorney ad litem, must be |
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certified by the State Bar of Texas, or a person or other entity |
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designated by the state bar, as having successfully completed a |
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course of study in guardianship law and procedure sponsored by the |
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state bar or the state bar's designee. |
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SECTION 4. Section 81.114(a), Government Code, is amended |
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to read as follows: |
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(a) The state bar shall provide a course of instruction for |
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attorneys who represent any person's interests [parties] in |
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guardianship cases or who serve as court-appointed guardians. |
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SECTION 5. The changes in law made by this Act to Section |
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1054.201, Estates Code, apply only to a guardianship proceeding |
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filed on or after the effective date of this Act. A guardianship |
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proceeding filed before the effective date of this Act is governed |
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by the law in effect on the date the proceeding was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2017. |