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AN ACT
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relating to a fee exemption for guardianship proceedings of certain |
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military servicemembers and certain law enforcement officers, |
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firefighters, and other first responders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 1053, Estates Code, is |
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amended by adding Sections 1053.053 and 1053.054 to read as |
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follows: |
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Sec. 1053.053. EXEMPTION FROM GUARDIANSHIP PROCEEDING FEES |
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FOR CERTAIN MILITARY SERVICEMEMBERS. (a) In this section, "combat |
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zone" means an area that the president of the United States by |
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executive order designates for purposes of 26 U.S.C. Section 112 as |
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an area in which armed forces of the United States are or have |
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engaged in combat. |
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(b) Notwithstanding any other law, the clerk of a county |
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court may not charge, or collect from, the estate of a proposed ward |
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or ward any of the following fees if the court finds that the |
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proposed ward or ward became incapacitated as a result of a personal |
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injury sustained while in active service as a member of the armed |
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forces of the United States in a combat zone: |
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(1) a fee for the filing of a guardianship proceeding; |
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and |
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(2) a fee for any service rendered by the court |
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regarding the administration of the guardianship. |
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(c) The clerk of a county court is not required to refund a |
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fee exempt under this section that is paid before September 1, 2017. |
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This subsection expires September 1, 2019. |
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Sec. 1053.054. EXEMPTION FROM GUARDIANSHIP FEES FOR CERTAIN |
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LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS. (a) In this |
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section: |
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(1) "Eligible proposed ward" or "eligible ward" means |
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an individual listed in Section 615.003, Government Code. |
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(2) "Line of duty" and "personal injury" have the |
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meanings assigned by Section 615.021(e), Government Code. |
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(b) Notwithstanding any other law, the clerk of a court may |
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not charge, or collect from, the estate of an eligible proposed ward |
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or eligible ward any of the following fees if the court finds the |
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proposed ward or ward became incapacitated as a result of a personal |
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injury sustained in the line of duty in the individual's position as |
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described by Section 615.003, Government Code: |
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(1) a fee for the filing of a guardianship proceeding; |
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and |
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(2) a fee for any service rendered by the court |
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regarding the administration of the guardianship. |
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(c) The clerk of a county court is not required to refund a |
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fee exempt under this section that is paid before September 1, 2017. |
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This subsection expires September 1, 2019. |
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SECTION 2. The changes in law made by this Act apply to a |
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guardianship proceeding that is pending or commenced on or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1559 passed the Senate on |
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May 11, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1559 passed the House on |
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May 23, 2017, by the following vote: Yeas 145, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |