By: Taylor of Galveston, Perry  S.B. No. 1559
         (In the Senate - Filed March 8, 2017; March 21, 2017, read
  first time and referred to Committee on State Affairs; May 1, 2017,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 9, Nays 0; May 1, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1559 By:  Zaffirini
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a fee exemption for guardianship proceedings of certain
  military servicemembers and certain law enforcement officers,
  firefighters, and other first responders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 1053, Estates Code, is
  amended by adding Sections 1053.053 and 1053.054 to read as
  follows:
         Sec. 1053.053.  EXEMPTION FROM GUARDIANSHIP PROCEEDING FEES
  FOR CERTAIN MILITARY SERVICEMEMBERS. (a)  In this section, "combat
  zone" means an area that the president of the United States by
  executive order designates for purposes of 26 U.S.C. Section 112 as
  an area in which armed forces of the United States are or have
  engaged in combat.
         (b)  Notwithstanding any other law, the clerk of a county
  court may not charge, or collect from, the estate of a proposed ward
  or ward any of the following fees if the court finds that the
  proposed ward or ward became incapacitated as a result of a personal
  injury sustained while in active service as a member of the armed
  forces of the United States in a combat zone:
               (1)  a fee for the filing of a guardianship proceeding;
  and
               (2)  a fee for any service rendered by the court
  regarding the administration of the guardianship.
         (c)  The clerk of a county court is not required to refund a
  fee exempt under this section that is paid before September 1, 2017.
  This subsection expires September 1, 2019.
         Sec. 1053.054.  EXEMPTION FROM GUARDIANSHIP FEES FOR CERTAIN
  LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS. (a)  In this
  section:
               (1)  "Eligible proposed ward" or "eligible ward" means
  an individual listed in Section 615.003, Government Code.
               (2)  "Line of duty" and "personal injury" have the
  meanings assigned by Section 615.021(e), Government Code.
         (b)  Notwithstanding any other law, the clerk of a court may
  not charge, or collect from, the estate of an eligible proposed ward
  or eligible ward any of the following fees if the court finds the
  proposed ward or ward became incapacitated as a result of a personal
  injury sustained in the line of duty in the individual's position as
  described by Section 615.003, Government Code:
               (1)  a fee for the filing of a guardianship proceeding;
  and
               (2)  a fee for any service rendered by the court
  regarding the administration of the guardianship.
         (c)  The clerk of a county court is not required to refund a
  fee exempt under this section that is paid before September 1, 2017.
  This subsection expires September 1, 2019.
         SECTION 2.  The changes in law made by this Act apply to a
  guardianship proceeding that is pending or commenced on or after
  the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2017.
 
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