S.B. No. 667
 
 
 
 
AN ACT
  relating to probate and guardianship matters and certain procedures
  for persons who are incapacitated or have a mental illness.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 30.014(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  In a civil action, including a probate or guardianship
  proceeding, filed in a district court, county court, [or] statutory
  county court, or statutory probate court, each party or the party's
  attorney shall include in its initial pleading:
               (1)  the last three numbers of the party's driver's
  license number, if the party has been issued a driver's license; and
               (2)  the last three numbers of the party's social
  security number, if the party has been issued a social security
  number.
         SECTION 2.  Section 33.101, Estates Code, is amended to read
  as follows:
         Sec. 33.101.  TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
  PROPER.  If probate proceedings involving the same estate are
  commenced in more than one county and the court making a
  determination of venue as provided by Section 33.053 determines
  that venue is proper in another county, the court clerk shall make
  and retain a copy of the entire file in the case and transmit the
  original file in electronic or paper form to the court in the county
  in which venue is proper.  The court to which the file is
  transmitted shall conduct the proceeding in the same manner as if
  the proceeding had originally been commenced in that county.
         SECTION 3.  Section 33.102(a), Estates Code, is amended to
  read as follows:
         (a)  If it appears to the court at any time before the final
  order in a probate proceeding is rendered that the court does not
  have priority of venue over the proceeding, the court shall, on the
  application of an interested person, transfer the proceeding to the
  proper county by transmitting to the proper court in that county in
  electronic or paper form:
               (1)  the original file in the case; and
               (2)  certified copies of all entries that have been
  made in the judge's probate docket in the proceeding.
         SECTION 4.  Section 33.103, Estates Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The transmittal under Subsection (b) of the original
  file and the certified copy of the index may be in electronic or
  paper form, except that an original will filed in the probate
  proceeding, if any, must be delivered to the court to which the
  proceeding is transferred.
         SECTION 5.  Section 51.003(b), Estates Code, is amended to
  read as follows:
         (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
  court's [clerk's] seal.
         SECTION 6.  Section 202.054, Estates Code, is amended to
  read as follows:
         Sec. 202.054.  PERSONAL SERVICE OF CITATION MAY BE REQUIRED.
  (a)  The court may require that service of citation in a proceeding
  to declare heirship be made by personal service on some or all of
  those named as distributees in the application filed under Section
  202.005.
         (b)  If a distributee to be cited under Subsection (a) is
  absent from or is not a resident of this state, any disinterested
  person competent to make an oath that the citation was served may
  serve the citation.
         SECTION 7.  Section 351.351, Estates Code, is amended to
  read as follows:
         Sec. 351.351.  APPLICABILITY.  This subchapter does not
  apply to:
               (1)  the appointment of an independent executor or
  administrator under Section 401.002 or 401.003(a); or
               (2)  the appointment of a successor independent
  administrator [executor] under Section 404.005.
         SECTION 8.  Section 404.0036(b), Estates Code, is amended to
  read as follows:
         (b)  If an independent executor is removed by the court under
  Section 404.003 or 404.0035, the court may, on application, appoint
  a successor independent administrator [executor] as provided by
  Section 404.005.
         SECTION 9.  The heading to Section 404.005, Estates Code, is
  amended to read as follows:
         Sec. 404.005.  COURT-APPOINTED SUCCESSOR INDEPENDENT
  ADMINISTRATOR [EXECUTOR].
         SECTION 10.  Sections 404.005(a), (b), (c), (h), and (i),
  Estates Code, are amended to read as follows:
         (a)  If the will of a person who dies testate names an
  independent executor who, having qualified, fails for any reason to
  continue to serve, or is removed for cause by the court, and the
  will does not name a successor independent executor or if each
  successor executor named in the will fails for any reason to qualify
  as executor or indicates by affidavit filed with the application
  for an order continuing independent administration the successor
  executor's inability or unwillingness to serve as successor
  independent executor, all of the distributees of the decedent as of
  the filing of the application for an order continuing independent
  administration may apply to the probate court for the appointment
  of a qualified person, firm, or corporation to serve as successor
  independent administrator [executor].  If the probate court finds
  that continued administration of the estate is necessary, the court
  shall enter an order continuing independent administration and
  appointing the person, firm, or corporation designated in the
  application as successor independent administrator [executor],
  unless the probate court finds that it would not be in the best
  interest of the estate to do so.  The successor independent
  administrator [executor] shall serve with all of the powers and
  privileges granted to the successor's predecessor independent
  executor.
         (b)  Except as otherwise provided by this subsection, if a
  distributee described in this section is an incapacitated person,
  the guardian of the person of the distributee may sign the
  application on behalf of the distributee.  If the probate court
  finds that either the continuing of independent administration or
  the appointment of the person, firm, or corporation designated in
  the application as successor independent administrator [executor]
  would not be in the best interest of the incapacitated person, then,
  notwithstanding Subsection (a), the court may not enter an order
  continuing independent administration of the estate.  If the
  distributee is an incapacitated person and has no guardian of the
  person, the court may appoint a guardian ad litem to make
  application on behalf of the incapacitated person if the probate
  court considers such an appointment necessary to protect the
  interest of that distributee.  If a distributee described in this
  section is a minor and has no guardian of the person, a natural
  guardian of the minor may sign the application for the order
  continuing independent administration on the minor's behalf unless
  a conflict of interest exists between the minor and the natural
  guardian.
         (c)  Except as otherwise provided by this subsection, if a
  trust is created in the decedent's will or if the decedent's will
  devises property to a trustee as described by Section 254.001, the
  person or class of persons entitled to receive property outright
  from the trust on the decedent's death and those first eligible to
  receive the income from the trust, determined as if the trust were
  to be in existence on the date of the filing of the application for
  an order continuing independent administration, shall, for the
  purposes of this section, be considered to be the distributee or
  distributees on behalf of the trust, and any other trust or trusts
  coming into existence on the termination of the trust, and are
  authorized to apply for an order continuing independent
  administration on behalf of the trust without the consent or
  agreement of the trustee or any other beneficiary of the trust, or
  the trustee or any beneficiary of any other trust which may come
  into existence on the termination of the trust.  If a person
  considered to be a distributee under this subsection is an
  incapacitated person, the trustee or cotrustee may apply for the
  order continuing independent administration or sign the
  application on the incapacitated person's behalf if the trustee or
  cotrustee is not the person proposed to serve as the independent
  administrator [executor].
         (h)  If a successor independent administrator [executor] is
  appointed under this section, then, unless the probate court shall
  waive bond on application for waiver, the successor independent
  administrator [executor] shall be required to enter into bond
  payable to and to be approved by the judge and the judge's
  successors in a sum that is found by the judge to be adequate under
  all circumstances, or a bond with one surety in an amount that is
  found by the judge to be adequate under all circumstances, if the
  surety is an authorized corporate surety.
         (i)  Absent proof of fraud or collusion on the part of a
  judge, the judge may not be held civilly liable for the commission
  of misdeeds or the omission of any required act of any person, firm,
  or corporation designated as a successor independent administrator
  [executor] under this section.  Section 351.354 does not apply to an
  appointment of a successor independent administrator [executor]
  under this section.
         SECTION 11.  Section 452.006, Estates Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The appointee shall file with the court proof of service
  of the notice required under Subsection (a) in the manner provided
  by Section 51.103(b)(3).
         SECTION 12.  Section 503.002, Estates Code, is amended to
  read as follows:
         Sec. 503.002.  RECORDING OF CERTAIN FOREIGN TESTAMENTARY
  INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH [ORIGINAL SIGNATURES NOT
  REQUIRED].  (a)  An authenticated copy of a will or other
  testamentary instrument described by Section 503.001(a), along
  with a copy of the judgment, order, or decree by which the
  instrument was admitted to probate that has the attestation and
  certificate required by Section 501.002(c), that is written in
  whole or in part in a language other than English may be filed for
  recording in the deed records in any county in this state in which
  the land conveyed or disposed of in the instrument is located if:
               (1)  a correct English translation is recorded with the
  authenticated copies of the will or other testamentary instrument
  and judgment, order, or decree by which the instrument was admitted
  to probate; and
               (2)  the accuracy of the translation is sworn to before
  an officer authorized to administer oaths [Notwithstanding Section
  501.002(c), the original signatures required by that section may
  not be required for a recordation in the deed records in accordance
  with Section 503.001 or for a purpose described by Section 503.051
  or 503.052].
         (b)  The recording of an authenticated copy of a will or
  other testamentary instrument and a copy of the judgment, order, or
  decree in the manner provided by Subsection (a) operates as
  constructive notice from the date of filing to all persons of the:
               (1)  existence of the instrument; and
               (2)  title or titles conferred by the instrument.
         SECTION 13.  Chapter 1002, Estates Code, is amended by
  adding Sections 1002.0215 and 1002.0265 to read as follows:
         Sec. 1002.0215.  OFFICE OF PUBLIC GUARDIAN. "Office of
  public guardian" means an office of public guardian established by
  the commissioners court of a county under Subchapter G-1, Chapter
  1104.
         Sec. 1002.0265.  PUBLIC GUARDIAN. "Public guardian" means a
  person:
               (1)  appointed to administer an office of public
  guardian by the commissioners court of a county under Subchapter
  G-1, Chapter 1104; or
               (2)  with which one or more counties enter into an
  agreement under Section 1104.327(a)(2) or (d).
         SECTION 14.  Section 1021.001, Estates Code, is amended to
  read as follows:
         Sec. 1021.001.  MATTERS RELATED TO GUARDIANSHIP PROCEEDING.
  (a)  For purposes of this code, in a county in which there is no
  statutory probate court or county court of law exercising original
  probate jurisdiction, a matter related to a guardianship proceeding
  includes:
               (1)  the granting of letters of guardianship;
               (2)  the settling of an account of a guardian and all
  other matters relating to the settlement, partition, or
  distribution of a ward's estate;
               (3)  a claim brought by or against a guardianship
  estate;
               (4)  an action for trial of title to real property that
  is guardianship estate property, including the enforcement of a
  lien against the property;
               (5)  an action for trial of the right of property that
  is guardianship estate property;
               (6)  after a guardianship of the estate of a ward is
  required to be settled as provided by Section 1204.001:
                     (A)  an action brought by or on behalf of the
  former ward against a former guardian of the ward for alleged
  misconduct arising from the performance of the person's duties as
  guardian;
                     (B)  an action calling on the surety of a guardian
  or former guardian to perform in place of the guardian or former
  guardian, which may include the award of a judgment against the
  guardian or former guardian in favor of the surety;
                     (C)  an action against a former guardian of the
  former ward that is brought by a surety that is called on to perform
  in place of the former guardian;
                     (D)  a claim for the payment of compensation,
  expenses, and court costs, and any other matter authorized under
  Chapter 1155; and
                     (E)  a matter related to an authorization made or
  duty performed by a guardian under Chapter 1204; and
               (7)  the appointment of a trustee for a trust created
  under Section 1301.053 or 1301.054, the settling of an account of
  the trustee, and all other matters relating to the trust.
         (a-1)  For purposes of this code, in a county in which there
  is no statutory probate court, but in which there is a county court
  at law exercising original probate jurisdiction, a matter related
  to a guardianship proceeding includes:
               (1)  all matters and actions described in Subsection
  (a);
               (2)  the interpretation and administration of a
  testamentary trust in which a ward is an income or remainder
  beneficiary; and
               (3)  the interpretation and administration of an inter
  vivos trust in which a ward is an income or remainder beneficiary.
         (b)  For purposes of this code, in a county in which there is
  a statutory probate court, a matter related to a guardianship
  proceeding includes:
               (1)  all matters and actions described in Subsections
  [Subsection] (a) and (a-1);
               (2)  a suit, action, or application filed against or on
  behalf of a guardianship or a trustee of a trust created under
  Section 1301.053 or 1301.054; and
               (3)  a cause of action in which a guardian in a
  guardianship pending in the statutory probate court is a party.
         SECTION 15.  Section 1023.006, Estates Code, is amended to
  read as follows:
         Sec. 1023.006.  TRANSFER OF RECORD.  When an order of
  transfer is made under Section 1023.005, the clerk shall record any
  unrecorded papers of the guardianship required to be recorded.  On
  payment of the clerk's fee, the clerk shall transmit in electronic
  or paper form to the county clerk of the county to which the
  guardianship was ordered transferred:
               (1)  the case file of the guardianship proceedings; and
               (2)  a certified copy of the index of the guardianship
  records.
         SECTION 16.  Section 1023.007, Estates Code, is amended to
  read as follows:
         Sec. 1023.007.  TRANSFER EFFECTIVE.  The order transferring
  a guardianship does not take effect until:
               (1)  the case file and a certified copy of the index
  required by Section 1023.006 are filed in electronic or paper form
  in the office of the county clerk of the county to which the
  guardianship was ordered transferred; and
               (2)  a certificate under the clerk's official seal and
  reporting the filing of the case file and a certified copy of the
  index is filed in electronic or paper form in the court ordering the
  transfer by the county clerk of the county to which the guardianship
  was ordered transferred.
         SECTION 17.  Section 1051.003(b), Estates Code, is amended
  to read as follows:
         (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
  court's [clerk's] seal.
         SECTION 18.  The heading to Chapter 1054, Estates Code, is
  amended to read as follows:
  CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND
  ATTORNEYS
         SECTION 19.  The heading to Subchapter E, Chapter 1054,
  Estates Code, is amended to read as follows:
  SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED]
  ATTORNEY
         SECTION 20.  Section 1054.201, Estates Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as provided by Subsection (c), an [An] attorney
  representing any person's interests [for an applicant for
  guardianship and 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.
         (c)  An attorney may commence representation of a person's
  interests and file an appearance in a guardianship proceeding
  before completing the course required for certification under
  Subsection (a), but must complete the course not later than the 14th
  day after the date of filing the appearance and before filing any
  substantive motion in the guardianship proceeding.
         SECTION 21.  Section 1101.001(b), Estates Code, is amended
  to read as follows:
         (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, former name, if any, 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;
               (3-a)  whether alternatives to guardianship and
  available supports and services to avoid guardianship were
  considered;
               (3-b)  whether any alternatives to guardianship and
  supports and services available to the proposed ward considered are
  feasible and would avoid the need for a guardianship;
               (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;
                     (B)  the proposed ward's eligibility to hold or
  obtain a license to operate a motor vehicle under Chapter 521,
  Transportation Code; and
                     (C)  the right of a proposed ward to make personal
  decisions regarding residence;
               (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 a detailed description
  of the proposed ward's property, including:
                     (A)  liquid assets, including any compensation,
  pension, insurance, or allowance to which the proposed ward may be
  entitled; and
                     (B)  non-liquid assets, including real property;
               (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
  adult siblings are deceased, the names and addresses of the
  proposed ward's other living relatives who are related to the
  proposed ward within the third degree by consanguinity and 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 other living relatives who are
  related to the proposed ward within the third degree by
  consanguinity and 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 155,
  Government Code, and has complied with the requirements of
  Subchapter G, Chapter 1104.
         SECTION 22.  Section 1101.153(a), Estates Code, is amended
  to read as follows:
         (a)  A court order appointing a guardian must:
               (1)  specify:
                     (A) [(1)]  the name of the person appointed;
                     (B) [(2)]  the name of the ward;
                     (C) [(3)]  whether the guardian is of the person
  or estate of the ward, or both;
                     (D) [(4)]  the amount of any bond required;
                     (E) [(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
                     (F) [(6)]  that the clerk will issue letters of
  guardianship to the person appointed when the person has qualified
  according to law; and
               (2)  if the court waives the guardian's training
  requirement, contain a finding that the waiver is in accordance
  with rules adopted by the supreme court under Section 155.203,
  Government Code.
         SECTION 23.  Section 1104.251(a), Estates Code, is amended
  to read as follows:
         (a)  An individual must be certified under Subchapter C,
  Chapter 155, 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 Health and Human Services
  Commission [Department of Aging and Disability Services] providing
  guardianship services to a ward of the commission;
               (5)  is a public guardian; or
               (6)  will represent the interests of a ward as a
  guardian on behalf of a public guardian [department].
         SECTION 24.  Chapter 1104, Estates Code, is amended by
  adding Subchapter G-1 to read as follows:
  SUBCHAPTER G-1. PUBLIC GUARDIANS
         Sec. 1104.326.  DEFINITION. In this subchapter, unless the
  context otherwise requires, "office" means an office of public
  guardian established under this subchapter.
         Sec. 1104.327.  ESTABLISHMENT OF OFFICES; PUBLIC GUARDIANS.
  (a)  The commissioners court of a county by order may:
               (1)  create an office of public guardian to provide
  guardianship services described by Section 1104.334 to
  incapacitated persons; or
               (2)  enter into an agreement with a person operating a
  nonprofit guardianship program or private professional
  guardianship program located in the county or in an adjacent county
  to act as a public guardian by providing guardianship services
  described by Section 1104.334 to incapacitated persons.
         (b)  Subject to Subsection (c) and Section 1104.328, the
  commissioners court of a county shall appoint an individual as
  public guardian to administer the office of public guardian
  established under Subsection (a)(1) and may employ or authorize the
  public guardian to employ personnel necessary to perform the duties
  of the office, including personnel who will represent the interests
  of a ward as a guardian on behalf of the office if approved by the
  commissioners court.
         (c)  The commissioners court of a county may enter into an
  agreement with an individual to act as public guardian under
  Subsection (b) on a part-time basis with appropriate compensation
  if:
               (1)  the commissioners court determines a full-time
  appointment does not serve the needs of the county; and
               (2)  the individual who is appointed on a part-time
  basis is not employed in or does not hold another position that
  presents a conflict of interest.
         (d)  The commissioners courts of two or more counties may
  collectively enter into an agreement:
               (1)  to create and fund an office of public guardian for
  purposes of Subsection (a)(1) and to appoint the same individual as
  public guardian to that office under Subsection (b); or
               (2)  with a person operating a guardianship program
  described by Subsection (a)(2) to serve as a public guardian for
  purposes of that subdivision.
         (e)  An individual appointed as public guardian under
  Subsection (b) serves a term of five years.
         Sec. 1104.328.  QUALIFICATIONS OF PUBLIC GUARDIAN. To be
  appointed as public guardian under Section 1104.327(b), an
  individual must:
               (1)  be a licensed attorney or be certified under
  Subchapter C, Chapter 155, Government Code; and
               (2)  have demonstrable guardianship experience.
         Sec. 1104.329.  CONFLICT OF INTEREST. (a)  Except as
  provided by Subsection (b), an office or public guardian must be
  independent from providers of services to wards and proposed wards
  and may not directly provide housing, medical, legal, or other
  direct, non-surrogate decision-making services to a ward or
  proposed ward, unless approved by the court.
         (b)  An office or public guardian may provide money
  management services described by Section 531.125, Government Code,
  or other representative payee services to a ward or proposed ward.
         Sec. 1104.330.  COMPENSATION. A person appointed or acting
  as public guardian under Section 1104.327 shall receive
  compensation as set by the commissioners court and is not entitled
  to compensation under Subchapter A, Chapter 1155, unless approved
  by the court or the person is appointed as guardian of a ward in
  accordance with Section 1104.334(a)(2)(B).
         Sec. 1104.331.  BOND REQUIREMENT. (a)  A public guardian
  shall file with the court clerk a general bond in an amount fixed by
  the commissioners court payable to the county and issued by a surety
  company approved by the county judge. The bond must be conditioned
  on the faithful performance by the person of the person's duties
  and, if the public guardian administers an office, the office's
  duties.
         (b)  The bond required by this section satisfies any bond
  required under Chapter 1105.
         Sec. 1104.332.  VACANCY. If an individual appointed as
  public guardian under Section 1104.327(b) vacates the position, the
  commissioners court shall appoint, subject to Section 1104.328, an
  individual to serve as public guardian for the unexpired term.
         Sec. 1104.333.  POWERS AND DUTIES. (a)  An office or public
  guardian shall:
               (1)  if applicable, evaluate the financial status of a
  proposed ward to determine whether the proposed ward is eligible to
  have the office or public guardian appointed guardian of the ward
  under Section 1104.334(a)(2)(A); and
               (2)  serve as guardian of the person or of the estate of
  a ward, or both, on appointment by a court in accordance with the
  requirements of this title.
         (b)  In connection with a financial evaluation under
  Subsection (a)(1) and on the request of an office or public
  guardian, a court with jurisdiction over the guardianship
  proceeding may order the release of public and private records,
  including otherwise confidential records, to the office or public
  guardian.
         (c)  Notwithstanding Section 552.261, Government Code, a
  state agency may not charge an office or public guardian for
  providing the office or public guardian with a copy of public
  information requested from the agency by the office or public
  guardian.
         Sec. 1104.334.  APPOINTMENT OF OFFICE OR PUBLIC GUARDIAN AS
  GUARDIAN. (a)  In accordance with applicable law, including
  Subchapter C, Chapter 1101, a court may appoint an office or public
  guardian to serve as guardian of the person or of the estate of a
  ward, or both, if:
               (1)  on the date the guardianship application is filed,
  the ward resides in or is located in the county served by the office
  or public guardian; and
               (2)  the court finds that the ward:
                     (A)  does not have sufficient assets or other
  resources to pay a private professional guardian to serve as the
  ward's guardian and the appointment is in the ward's best interest;
  or
                     (B)  has sufficient assets or other resources to
  pay a private professional guardian to serve as the ward's
  guardian, the appointment is in the ward's best interest, and:
                           (i)  the ward's family members who are
  eligible for appointment as the ward's guardian agree to the
  appointment of an office or public guardian to serve as the ward's
  guardian or are unable to agree on the person or persons that should
  be appointed as the ward's guardian; or
                           (ii)  the ward does not have a family member,
  friend, or other suitable person willing and able to serve as the
  ward's guardian.
         (b)  For purposes of Subsection (a)(2), the determination of
  a ward's ability to pay a private professional guardian is
  dependent on:
               (1)  the nature, extent, and liquidity of the ward's
  assets;
               (2)  the ward's disposable net income, including income
  of a recipient of medical assistance that is used to pay expenses
  under Section 1155.202(a);
               (3)  the nature of the guardianship;
               (4)  the type, duration, and complexity of services
  required by the ward; and
               (5)  additional, foreseeable expenses.
         (c)  The number of appointments of an office under this
  section may not exceed 35 wards for each guardian representing the
  interests of wards on behalf of the office.
         (d)  If each guardian representing the interests of wards on
  behalf of an office reaches the limitation provided by Subsection
  (c), the office shall immediately give notice to the courts.
         Sec. 1104.335.  CONFIDENTIALITY AND DISCLOSURE OF
  INFORMATION. (a)  All files, reports, records, communications, or
  working papers used or developed by an office or public guardian in
  the performance of duties relating to a financial evaluation under
  Section 1104.333(a)(1) or the provision of guardianship services
  are confidential and not subject to disclosure under Chapter 552,
  Government Code.
         (b)  Confidential information may be disclosed only for a
  purpose consistent with this subchapter, as required by other state
  or federal law, or as necessary to enable an office or public
  guardian to exercise the powers and duties as guardian of the person
  or of the estate of a ward, or both.
         (c)  A court on its own motion or on the motion of an
  interested person may order disclosure of confidential information
  only if:
               (1)  a hearing on the motion is conducted;
               (2)  notice of the hearing is served on the office or
  public guardian and each interested person; and
               (3)  the court determines after the hearing and an in
  camera review of the information that disclosure is essential to
  the administration of justice and will not endanger the life or
  safety of any individual who:
                     (A)  is being assessed for guardianship services;
                     (B)  is a ward of the office or public guardian; or
                     (C)  provides services to a ward of the office or
  public guardian.
         (d)  The Office of Court Administration of the Texas Judicial
  System shall establish policies and procedures for the exchange of
  information between offices, public guardians, and other
  appropriate governmental entities, as necessary for offices,
  public guardians, and governmental entities to properly execute
  their respective duties and responsibilities relating to
  guardianship services or other needed services for a ward. An
  exchange of information under this subsection does not constitute a
  release for purposes of waiving the confidentiality of the
  information exchanged.
         (e)  To the extent consistent with policies and procedures
  adopted by an office or public guardian, the office or public
  guardian on request may release confidential information in the
  record of an individual who is a former ward of the office or public
  guardian to:
               (1)  the individual;
               (2)  the individual's guardian; or
               (3)  an executor or administrator of the individual's
  estate.
         (f)  Before releasing confidential information under
  Subsection (e), an office or public guardian shall edit the
  information to protect the identity of any individual whose life or
  safety may be endangered by the release. A release of information
  under Subsection (e) does not constitute a release for purposes of
  waiving the confidentiality of the information released.
         Sec. 1104.336.  CERTAIN ADMINISTRATIVE COSTS. (a)  If an
  office or public guardian is appointed guardian of the person or of
  the estate of a ward, or both, the administrative costs of the
  guardianship services provided to the ward may not be charged to the
  ward's estate unless the court determines, subject to Subsection
  (b), that the ward is financially able to pay all or part of the
  costs.
         (b)  A court shall measure a ward's ability to pay for costs
  under Subsection (a) by whether the ward has sufficient assets or
  other resources to pay a private professional guardian to serve as
  the ward's guardian in accordance with Section 1104.334(b).
         Sec. 1104.337.  OFFICE OF COURT ADMINISTRATION OF THE TEXAS
  JUDICIAL SYSTEM; REPORT. (a)  Not later than December 1 of each
  even-numbered year, the Office of Court Administration of the Texas
  Judicial System shall submit a report to the governor and the
  legislature that contains an evaluation of public guardians
  established under this subchapter, including the establishment and
  operation of offices of public guardians under this subchapter and
  the provision of guardianship services by the offices. The report
  must include:
               (1)  an analysis of costs and offsetting savings or
  other benefits to the state as a result of the establishment and
  operation of offices and public guardians under this subchapter;
  and
               (2)  recommendations for legislation, if any.
         (b)  If it is cost-effective and feasible, the Office of
  Court Administration of the Texas Judicial System may contract with
  an appropriate research or public policy entity with expertise in
  gerontology, disabilities, and public administration to conduct
  the analysis described by Subsection (a)(1).
         Sec. 1104.338.  RULES. The supreme court, in consultation
  with the Office of Court Administration of the Texas Judicial
  System and the presiding judge of the statutory probate courts
  elected under Section 25.0022, Government Code, shall adopt rules
  necessary to implement this subchapter.
         SECTION 25.  Section 1104.402, Estates Code, is amended to
  read as follows:
         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 an attorney.
         [(b)     The clerk may charge a $10 fee to recover the costs of
  obtaining criminal history record information under Subsection
  (a).]
         SECTION 26.  Section 1104.402(a), Estates Code, is amended
  to read as follows:
         (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)  a public guardian appointed under Section
  1104.327(b);
               (6)  each person who represents or plans to represent
  the interests of a ward as a guardian on behalf of an office of
  public guardian;
               (7)  each person employed by an office of public
  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; or
               (8)  any other person proposed to serve as a guardian
  under this title, including a proposed temporary guardian and a
  proposed successor guardian, other than an attorney.
         SECTION 27.  Section 1104.405(a), Estates Code, is amended
  to read as follows:
         (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.
         SECTION 28.  Section 1104.409, Estates Code, is amended to
  read as follows:
         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, an office of
  public guardian, or the Health and Human Services Commission
  [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 an attorney.
         SECTION 29.  Subchapter A, Chapter 1151, Estates Code, is
  amended by adding Section 1151.005 to read as follows:
         Sec. 1151.005.  LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR
  WITNESS.  The guardian of the person or of the estate of a ward may
  not be excluded from attending a legal proceeding in which the ward
  is:
               (1)  a party; or
               (2)  participating as a witness.
         SECTION 30.  Section 1151.351(b), Estates Code, is amended
  to read as follows:
         (b)  Unless limited by a court or otherwise restricted by
  law, a ward is authorized to the following:
               (1)  to have a copy of the guardianship order and
  letters of guardianship and contact information for the probate
  court that issued the order and letters;
               (2)  to have a guardianship that encourages the
  development or maintenance of maximum self-reliance and
  independence in the ward with the eventual goal, if possible, of
  self-sufficiency;
               (3)  to be treated with respect, consideration, and
  recognition of the ward's dignity and individuality;
               (4)  to reside and receive support services in the most
  integrated setting, including home-based or other community-based
  settings, as required by Title II of the Americans with
  Disabilities Act (42 U.S.C. Section 12131 et seq.);
               (5)  to consideration of the ward's current and
  previously stated personal preferences, desires, medical and
  psychiatric treatment preferences, religious beliefs, living
  arrangements, and other preferences and opinions;
               (6)  to financial self-determination for all public
  benefits after essential living expenses and health needs are met
  and to have access to a monthly personal allowance;
               (7)  to receive timely and appropriate health care and
  medical treatment that does not violate the ward's rights granted
  by the constitution and laws of this state and the United States;
               (8)  to exercise full control of all aspects of life not
  specifically granted by the court to the guardian;
               (9)  to control the ward's personal environment based
  on the ward's preferences;
               (10)  to complain or raise concerns regarding the
  guardian or guardianship to the court, including living
  arrangements, retaliation by the guardian, conflicts of interest
  between the guardian and service providers, or a violation of any
  rights under this section;
               (11)  to receive notice in the ward's native language,
  or preferred mode of communication, and in a manner accessible to
  the ward, of a court proceeding to continue, modify, or terminate
  the guardianship and the opportunity to appear before the court to
  express the ward's preferences and concerns regarding whether the
  guardianship should be continued, modified, or terminated;
               (12)  to have a court investigator or[,] guardian ad
  litem[, or attorney ad litem] appointed by the court to investigate
  a complaint received by the court from the ward or any person about
  the guardianship;
               (13)  to participate in social, religious, and
  recreational activities, training, employment, education,
  habilitation, and rehabilitation of the ward's choice in the most
  integrated setting;
               (14)  to self-determination in the substantial
  maintenance, disposition, and management of real and personal
  property after essential living expenses and health needs are met,
  including the right to receive notice and object about the
  substantial maintenance, disposition, or management of clothing,
  furniture, vehicles, and other personal effects;
               (15)  to personal privacy and confidentiality in
  personal matters, subject to state and federal law;
               (16)  to unimpeded, private, and uncensored
  communication and visitation with persons of the ward's choice,
  except that if the guardian determines that certain communication
  or visitation causes substantial harm to the ward:
                     (A)  the guardian may limit, supervise, or
  restrict communication or visitation, but only to the extent
  necessary to protect the ward from substantial harm; and
                     (B)  the ward may request a hearing to remove any
  restrictions on communication or visitation imposed by the guardian
  under Paragraph (A);
               (17)  to petition the court and retain counsel of the
  ward's choice who holds a certificate required by Subchapter E,
  Chapter 1054, to represent the ward's interest for capacity
  restoration, modification of the guardianship, the appointment of a
  different guardian, or for other appropriate relief under this
  subchapter, including a transition to a supported decision-making
  agreement, except as limited by Section 1054.006;
               (18)  to vote in a public election, marry, and retain a
  license to operate a motor vehicle, unless restricted by the court;
               (19)  to personal visits from the guardian or the
  guardian's designee at least once every three months, but more
  often, if necessary, unless the court orders otherwise;
               (20)  to be informed of the name, address, phone
  number, and purpose of Disability Rights Texas, an organization
  whose mission is to protect the rights of, and advocate for, persons
  with disabilities, and to communicate and meet with representatives
  of that organization;
               (21)  to be informed of the name, address, phone
  number, and purpose of an independent living center, an area agency
  on aging, an aging and disability resource center, and the local
  mental health and intellectual and developmental disability
  center, and to communicate and meet with representatives from these
  agencies and organizations;
               (22)  to be informed of the name, address, phone
  number, and purpose of the Judicial Branch Certification Commission
  and the procedure for filing a complaint against a certified
  guardian;
               (23)  to contact the Department of Family and
  Protective Services to report abuse, neglect, exploitation, or
  violation of personal rights without fear of punishment,
  interference, coercion, or retaliation; and
               (24)  to have the guardian, on appointment and on
  annual renewal of the guardianship, explain the rights delineated
  in this subsection in the ward's native language, or preferred mode
  of communication, and in a manner accessible to the ward.
         SECTION 31.  Sections 1153.001(a) and (c), Estates Code, are
  amended to read as follows:
         (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 of general circulation
  [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.
         (c)  If there is no [a] newspaper of general circulation [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.
         SECTION 32.  Section 1155.054(d), Estates Code, is amended
  to read as follows:
         (d)  If the court finds that a party in a guardianship
  proceeding acted in bad faith or without just cause in prosecuting
  or objecting to an application in the proceeding, the court may
  order [require] the party to reimburse the ward's estate for all or
  part of the attorney's fees awarded under this section and shall
  issue judgment against the party and in favor of the estate for the
  amount of attorney's fees ordered [required] to be reimbursed to
  the estate.
         SECTION 33.  Section 1155.151(a), Estates Code, is amended
  to read as follows:
         (a)  In a guardianship proceeding, the court costs of the
  proceeding, including the costs described by Subsection (a-1),
  shall, except as provided by Subsection (c), be paid as follows, and
  the court shall issue the judgment accordingly:
               (1)  out of the guardianship estate, if a guardianship
  of the estate has been created for the benefit of the ward and the
  court determines it is in the ward's best interest;
               (2)  out of the management trust, if a management trust
  has been created for the benefit of the ward under Chapter 1301 and
  the court determines it is in the ward's best interest;
               (3)  by the party to the proceeding who incurred the
  costs, unless that party filed, on the party's own behalf, an
  affidavit of inability to pay the costs under Rule 145, Texas Rules
  of Civil Procedure, that shows the party is unable to afford the
  costs, if:
                     (A)  there is no guardianship estate or no
  management trust has been created for the ward's benefit; or
                     (B)  the assets of the guardianship estate or
  management trust, as appropriate, are insufficient to pay the
  costs; or
               (4)  out of the county treasury if:
                     (A)(i)  there is no guardianship estate or
  management trust;
                           (ii)  [or] the assets of the guardianship
  estate or management trust, as appropriate, are insufficient to pay
  the costs; or
                           (iii)  a guardianship of the estate has been
  created for the benefit of the ward and the court determines it is
  not in the ward's best interest to pay the costs; and
                     (B)  the party to the proceeding who incurred the
  costs filed, on the party's own behalf, an affidavit of inability to
  pay the costs under Rule 145, Texas Rules of Civil Procedure, that
  shows the party is unable to afford the costs.
         SECTION 34.  Section 1155.151(a-2), Estates Code, is amended
  to read as follows:
         (a-2)  Notwithstanding any other law requiring the payment
  of court costs in a guardianship proceeding, the following are not
  required to pay court costs on the filing of or during a
  guardianship proceeding:
               (1)  an attorney ad litem;
               (2)  a guardian ad litem;
               (3)  a person or entity who files an affidavit of
  inability to pay the costs under Rule 145, Texas Rules of Civil
  Procedure, that shows the person or entity is unable to afford the
  costs;
               (4)  a nonprofit guardianship program;
               (5)  a governmental entity, including an office of
  public guardian; and
               (6)  a government agency or nonprofit agency providing
  guardianship services.
         SECTION 35.  Section 1163.005(a), Estates Code, is amended
  to read as follows:
         (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;
               (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; and
               (5)  if the guardian is a private professional
  guardian, a guardianship program, an office of public guardian, or
  the Health and Human Services Commission [Department of Aging and
  Disability Services], whether the guardian or an individual
  certified under Subchapter C, Chapter 155 [111], Government Code,
  who is providing guardianship services to the ward and who is
  swearing to the account on the guardian's behalf, is or has been the
  subject of an investigation conducted by the Judicial Branch
  [Guardianship] Certification Commission [Board] during the
  accounting period.
         SECTION 36.  Section 1163.101(c), Estates Code, is amended
  to read as follows:
         (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;
               (9)  if the guardian is a private professional
  guardian, a guardianship program, an office of public guardian, or
  the Health and Human Services Commission [Department of Aging and
  Disability Services], whether the guardian or an individual
  certified under Subchapter C, Chapter 155, Government Code, who is
  providing guardianship services to the ward and who is filing the
  affidavit on the guardian's behalf, is or has been the subject of an
  investigation conducted by the Judicial Branch [Guardianship]
  Certification Commission [Board] during the preceding year; and
               (10)  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.
         SECTION 37.  Section 1253.001, Estates Code, is amended to
  read as follows:
         Sec. 1253.001.  APPLICATION TO TRANSFER GUARDIANSHIP TO
  FOREIGN JURISDICTION.  On application of the guardian or on the
  court's own motion, a [A guardian of the person or estate may apply
  to the] court that has jurisdiction over the guardianship may [to]
  transfer the guardianship to a court in a foreign jurisdiction to
  which the ward has permanently moved.
         SECTION 38.  Subchapter B, Chapter 1301, Estates Code, is
  amended by adding Section 1301.0511 to read as follows:
         Sec. 1301.0511.  NOTICE REQUIRED FOR APPLICATION FOR
  CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED. (a)  On the
  filing of an application for creation of a management trust and
  except as provided by Subsection (d), notice shall be issued and
  served in the manner provided by Subchapter C, Chapter 1051, for the
  issuance and service of notice on the filing of an application for
  guardianship.
         (b)  It is not necessary to serve a citation on a person who
  files an application for the creation of a management trust under
  this subchapter or for that person to waive the issuance and
  personal service of citation.
         (c)  If the person for whom an application for creation of a
  management trust is filed is a ward, the sheriff or other officer,
  in addition to serving the persons described by Section 1051.103,
  shall personally serve each guardian of the ward with citation to
  appear and answer the application.
         (d)  Notice under this section is not required if a
  proceeding for the appointment of a guardian is pending for the
  person for whom an application for creation of a management trust is
  filed.
         SECTION 39.  Section 1301.101(a), Estates Code, is amended
  to read as follows:
         (a)  Except as provided by Subsection (c), a management trust
  created for a ward or incapacitated person must provide that:
               (1)  the ward or incapacitated person 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 person
  for whom the trust is created;
               (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), a trustee is entitled to receive reasonable compensation for
  services the trustee provides to the person for whom the trust is
  created as the person's trustee; and
               (6)  the trust terminates:
                     (A)  except as provided by Paragraph (B), if the
  person for whom the trust is created is a minor:
                           (i)  on the earlier of:
                                 (a)  the person's death; or
                                 (b)  the person's 18th birthday; or
                           (ii)  on the date provided by court order,
  which may not be later than the person's 25th birthday;
                     (B)  if the person for whom the trust is created is
  a minor and is also incapacitated for a reason other than being a
  minor:
                           (i)  on the person's death; or
                           (ii)  when the person regains capacity; or
                     (C)  if the person for whom the trust is created is
  not a minor:
                           (i)  according to the terms of the trust;
                           (ii)  on the date the court determines that
  continuing the trust is no longer in the person's best interests,
  subject to Section 1301.202(c); or
                           (iii)  on the person's death.
         SECTION 40.  Section 1301.154(b), Estates Code, is amended
  to read as follows:
         (b)  The trustee of a management trust created for a ward
  shall provide a copy of the annual account to each [the] guardian of
  the ward [ward's estate or person].
         SECTION 41.  Section 1301.203, Estates Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), if [If] the
  person for whom a management trust is created is a minor, the trust
  terminates on:
               (1)  the earlier of:
                     (A)  the person's death; or
                     (B)  the person's 18th birthday; or
               (2)  the date provided by court order, which may not be
  later than the person's 25th birthday.
         (a-1)  If the person for whom a management trust is created
  is a minor and is also incapacitated for a reason other than being a
  minor, the trust terminates:
               (1)  on the person's death; or
               (2)  when the person regains capacity.
         SECTION 42.  Sections 1355.002(b), (c), (d), (e), and (f),
  Estates Code, are amended to read as follows:
         (b)  This section applies only to a nonresident creditor who
  is:
               (1)  a nonresident minor and has a nonresident guardian
  of the estate appointed by a foreign court;
               (2)  [,] a nonresident person who is adjudged by a
  foreign court [of competent jurisdiction] to be incapacitated and
  has a nonresident guardian of the estate appointed by that
  court;[,] or
               (3)  the nonresident 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 nonresident
  creditor to whom this section applies may pay the money:
               (1)  to the creditor's guardian of the estate 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 nonresident
  creditor's account and for the nonresident creditor's use and
  benefit.
         (e)  A receipt for payment signed by the county clerk is
  binding on the nonresident 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) for a nonresident creditor 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 nonresident
  creditor to whom this section applies.
         SECTION 43.  Section 1355.105, Estates Code, is amended to
  read as follows:
         Sec. 1355.105.  WITHDRAWAL OF MONEY BY CREDITOR OR
  CREDITOR'S HEIR, [OR] REPRESENTATIVE, OR GUARDIAN. (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; or
               (4)  a nonresident guardian of the estate appointed by
  a foreign court for a creditor who is:
                     (A)  a nonresident minor; or
                     (B)  a nonresident person who is adjudged to be
  incapacitated.
         (b)  Except as provided by Subsection (b-1), a [A] withdrawal
  under Subsection (a) may be made at any time and without a special
  bond for that purpose.
         (b-1)  A court may require a nonresident guardian of the
  estate of a creditor who is a nonresident minor or nonresident
  incapacitated person as described by Subsection (a)(4) to provide
  proof that the nonresident guardian of the estate gave an adequate
  bond in the foreign jurisdiction if the court determines that it is
  in the nonresident minor's or nonresident incapacitated person's
  best interest.
         (c)  The order presented under Subsection (a) must direct the
  court clerk to deliver the money to:
               (1)  the creditor;
               (2)  [,] the creditor's personal representative;
               (3)  [, or] the creditor's heirs named in the order; or
               (4)  if the creditor is a nonresident minor or
  nonresident person who is adjudged to be incapacitated, the
  creditor's nonresident guardian of the estate.
         (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. For purposes of this subsection, a nonresident
  guardian of the estate described by Subsection (c)(4) must present
  to the court exemplified copies of the order of a foreign court
  appointing the guardian and current letters of guardianship issued
  in the foreign jurisdiction.
         SECTION 44.  Section 25.0006, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-5) to read as
  follows:
         (a)  Notwithstanding any other law except Subsection (a-4),
  Subsections (a-1), (a-2), [and] (a-3), and (a-5) control over a
  specific provision for a particular court or county that attempts
  to create a requirement for a bond or insurance that conflicts with
  those subsections.
         (a-5)  A bond executed under Subsection (a-1) by the judge
  elected or appointed to a statutory county court or an insurance
  policy obtained under Subsection (a-3) shall provide the same
  coverage to a visiting judge assigned to the court as the bond or
  insurance policy provides to the judge elected or appointed to the
  court.
         SECTION 45.  Section 25.00231, Government Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  Notwithstanding Subsection (e), a bond executed under
  Subsection (b) by the judge elected or appointed to a statutory
  probate court or an insurance policy obtained under Subsection (c)
  shall provide the same coverage to a visiting judge assigned to the
  court as the bond or insurance policy provides to the judge elected
  or appointed to the court.
         SECTION 46.  Section 26.001, Government Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  A bond executed under Subsection (a) by the judge
  elected or appointed to a county court or an insurance policy
  obtained under Subsection (c) shall provide the same coverage to a
  visiting judge assigned to the court as the bond or insurance policy
  provides to the judge elected or appointed to the court.
         SECTION 47.  Section 81.114, Government Code, is amended by
  amending Subsection (a) and adding Subsection (e) to read as
  follows:
         (a)  The state bar shall provide a course of instruction for
  attorneys who represent any person's interests [parties] in
  guardianship cases or who serve as court-appointed guardians.
         (e)  The course of instruction described by this section must
  be low-cost and available to persons throughout this state,
  including on the Internet provided through the state bar.
         SECTION 48.  Section 101.0814, Government Code, is amended
  to read as follows:
         Sec. 101.0814.  STATUTORY COUNTY COURT FEES AND COSTS:  
  LOCAL GOVERNMENT CODE.  The clerk of a statutory county court shall
  collect fees and costs under the Local Government Code as follows:
               (1)  additional filing fee to fund contingency fund for
  liability insurance, if authorized by the county commissioners
  court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
               (2)  civil court actions (Sec. 118.052, Local
  Government Code):
                     (A)  filing of original action (Secs. 118.052 and
  118.053, Local Government Code):
                           (i)  garnishment after judgment (Sec.
  118.052, Local Government Code) . . . $15; and
                           (ii)  all others (Sec. 118.052, Local
  Government Code) . . . $40;
                     (B)  filing of action other than original (Secs.
  118.052 and 118.054, Local Government Code) . . . $30; and
                     (C)  services rendered after judgment in original
  action (Secs. 118.052 and 118.0545, Local Government Code):
                           (i)  abstract of judgment (Sec. 118.052,
  Local Government Code) . . . $5; and
                           (ii)  execution, order of sale, writ, or
  other process (Sec. 118.052, Local Government Code) . . . $5;
               (3)  probate court actions (Sec. 118.052, Local
  Government Code):
                     (A)  probate original action (Secs. 118.052 and
  118.055, Local Government Code):
                           (i)  probate of a will with independent
  executor, administration with will attached, administration of an
  estate, guardianship or receivership of an estate, or muniment of
  title (Sec. 118.052, Local Government Code) . . . $40;
                           (ii)  community survivors (Sec. 118.052,
  Local Government Code) . . . $40;
                           (iii)  small estates (Sec. 118.052, Local
  Government Code) . . . $40;
                           (iv)  declarations of heirship (Sec.
  118.052, Local Government Code) . . . $40;
                           (v)  mental health or chemical dependency
  services (Sec. 118.052, Local Government Code) . . . $40; and
                           (vi)  additional, special fee (Secs. 118.052
  and 118.064, Local Government Code) . . . $5;
                     (B)  services in pending probate action (Secs.
  118.052 and 118.056, Local Government Code):
                           (i)  filing an inventory and appraisement
  (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
                           (ii)  approving and recording bond (Sec.
  118.052, Local Government Code) . . . $3;
                           (iii)  administering oath (Sec. 118.052,
  Local Government Code) . . . $2;
                           (iv)  filing annual or final account of
  estate (Sec. 118.052, Local Government Code) . . . $25;
                           (v)  filing application for sale of real or
  personal property (Sec. 118.052, Local Government Code) . . . $25;
                           (vi)  filing annual or final report of
  guardian of a person (Sec. 118.052, Local Government Code) . . .
  $10; and
                           (vii)  filing a document not listed under
  this paragraph after the filing of an order approving the inventory
  and appraisement or after the 120th day after the date of the
  initial filing of the action, whichever occurs first (Secs. 118.052
  and 191.007, Local Government Code), if more than 25 pages . . .
  $25;
                     (C)  adverse probate action (Secs. 118.052 and
  118.057, Local Government Code) . . . $40;
                     (D)  claim against estate (Secs. 118.052 and
  118.058, Local Government Code) . . . $10;
                     (E)  supplemental public [court-initiated]
  guardianship and related services fee (Secs. 118.052 and 118.067,
  Local Government Code) . . . $20; and
                     (F)  supplemental public probate administrator
  fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
               (4)  other fees (Sec. 118.052, Local Government Code):
                     (A)  issuing document (Secs. 118.052 and 118.059,
  Local Government Code):
                           (i)  original document and one copy (Sec.
  118.052, Local Government Code) . . . $4; and
                           (ii)  each additional set of an original and
  one copy (Sec. 118.052, Local Government Code) . . . $4;
                     (B)  certified papers (Secs. 118.052 and 118.060,
  Local Government Code):
                           (i)  for the clerk's certificate (Sec.
  118.052, Local Government Code) . . . $5; and
                           (ii)  a fee per page or part of a page (Sec.
  118.052, Local Government Code) . . . $1;
                     (C)  noncertified papers, for each page or part of
  a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
  $1;
                     (D)  letters testamentary, letter of
  guardianship, letter of administration, or abstract of judgment
  (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
                     (E)  safekeeping of wills (Secs. 118.052 and
  118.062, Local Government Code) . . . $5;
                     (F)  mail service of process (Secs. 118.052 and
  118.063, Local Government Code) . . . same as sheriff; and
                     (G)  records management and preservation fee
  (Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
  . . . $5;
               (5)  additional filing fee for filing any civil action
  or proceeding requiring a filing fee, including an appeal, and on
  the filing of any counterclaim, cross-action, intervention,
  interpleader, or third-party action requiring a filing fee, to fund
  civil legal services for the indigent (Sec. 133.153, Local
  Government Code) . . . $10;
               (6)  on the filing of a civil suit, an additional filing
  fee to be used for court-related purposes for the support of the
  judiciary (Sec. 133.154, Local Government Code) . . . $42;
               (7)  additional filing fee to fund the courthouse
  security fund, if authorized by the county commissioners court
  (Sec. 291.008, Local Government Code) . . . not to exceed $5;
               (8)  additional filing fee for filing documents not
  subject to certain filing fees to fund the courthouse security
  fund, if authorized by the county commissioners court (Sec.
  291.008, Local Government Code) . . . $1;
               (9)  additional filing fee to fund the courthouse
  security fund in Webb County, if authorized by the county
  commissioners court (Sec. 291.009, Local Government Code) . . . not
  to exceed $20; and
               (10)  court cost in civil cases other than suits for
  delinquent taxes to fund the county law library fund, if authorized
  by the county commissioners court (Sec. 323.023, Local Government
  Code) . . . not to exceed $35.
         SECTION 49.  Section 101.1013, Government Code, is amended
  to read as follows:
         Sec. 101.1013.  STATUTORY PROBATE COURT FEES AND COSTS:  
  LOCAL GOVERNMENT CODE.  The clerk of a statutory probate court shall
  collect fees and costs under the Local Government Code as follows:
               (1)  additional filing fee for filing any civil action
  or proceeding requiring a filing fee, including an appeal, and on
  the filing of any counterclaim, cross-action, intervention,
  interpleader, or third-party action requiring a filing fee to fund
  civil legal services for the indigent (Sec. 133.153, Local
  Government Code) . . . $10;
               (2)  additional filing fee to fund contingency fund for
  liability insurance, if authorized by the county commissioners
  court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
               (3)  probate court actions (Sec. 118.052, Local
  Government Code):
                     (A)  probate original action (Secs. 118.052 and
  118.055, Local Government Code):
                           (i)  probate of a will with independent
  executor, administration with will attached, administration of an
  estate, guardianship or receivership of an estate, or muniment of
  title (Sec. 118.052, Local Government Code) . . . $40;
                           (ii)  community survivors (Sec. 118.052,
  Local Government Code) . . . $40;
                           (iii)  small estates (Sec. 118.052, Local
  Government Code) . . . $40;
                           (iv)  declarations of heirship (Sec.
  118.052, Local Government Code) . . . $40;
                           (v)  mental health or chemical dependency
  services (Sec. 118.052, Local Government Code) . . . $40; and
                           (vi)  additional, special fee (Secs. 118.052
  and 118.064, Local Government Code) . . . $5;
                     (B)  services in pending probate action (Secs.
  118.052 and 118.056, Local Government Code):
                           (i)  filing an inventory and appraisement
  (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
                           (ii)  approving and recording bond (Sec.
  118.052, Local Government Code) . . . $3;
                           (iii)  administering oath (Sec. 118.052,
  Local Government Code) . . . $2;
                           (iv)  filing annual or final account of
  estate (Sec. 118.052, Local Government Code). . . $25;
                           (v)  filing application for sale of real or
  personal property (Sec. 118.052, Local Government Code) . . . $25;
                           (vi)  filing annual or final report of
  guardian of a person (Sec. 118.052, Local Government Code) . . .
  $10; and
                           (vii)  filing a document not listed under
  this paragraph after the filing of an order approving the inventory
  and appraisement or after the 120th day after the date of the
  initial filing of the action, whichever occurs first (Secs. 118.052
  and 191.007, Local Government Code), if more than 25 pages . . .
  $25;
                     (C)  adverse probate action (Secs. 118.052 and
  118.057, Local Government Code) . . . $40;
                     (D)  claim against estate (Secs. 118.052 and
  118.058, Local Government Code) . . . $10;
                     (E)  supplemental public [court-initiated]
  guardianship and related services fee (Secs. 118.052 and 118.067,
  Local Government Code) . . . $20; and
                     (F)  supplemental public probate administrator
  fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
               (4)  other fees (Sec. 118.052, Local Government Code):
                     (A)  issuing document (Secs. 118.052 and 118.059,
  Local Government Code):
                           (i)  original document and one copy (Sec.
  118.052, Local Government Code) . . . $4; and
                           (ii)  each additional set of an original and
  one copy (Sec. 118.052, Local Government Code) . . . $4;
                     (B)  certified papers (Secs. 118.052 and 118.060,
  Local Government Code):
                           (i)  for the clerk's certificate (Sec.
  118.052, Local Government Code) . . . $5; and
                           (ii)  a fee per page or part of a page (Sec.
  118.052, Local Government Code) . . . $1;
                     (C)  noncertified papers, for each page or part of
  a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
  $1;
                     (D)  letters testamentary, letter of
  guardianship, letter of administration, or abstract of judgment
  (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
                     (E)  safekeeping of wills (Secs. 118.052 and
  118.062, Local Government Code) . . . $5;
                     (F)  mail service of process (Secs. 118.052 and
  118.063, Local Government Code) . . . same as sheriff; and
                     (G)  records management and preservation fee
  (Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
               (5)  court cost in civil cases other than suits for
  delinquent taxes to fund the county law library fund, if authorized
  by the county commissioners court (Sec. 323.023, Local Government
  Code) . . . not to exceed $35.
         SECTION 50.  Section 101.1214, Government Code, is amended
  to read as follows:
         Sec. 101.1214.  COUNTY COURT FEES AND COSTS: LOCAL
  GOVERNMENT CODE. The clerk of a county court shall collect the
  following fees and costs under the Local Government Code:
               (1)  additional filing fee to fund contingency fund for
  liability insurance, if authorized by the county commissioners
  court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
               (2)  civil court actions (Sec. 118.052, Local
  Government Code):
                     (A)  filing of original action (Secs. 118.052 and
  118.053, Local Government Code):
                           (i)  garnishment after judgment (Sec.
  118.052, Local Government Code) . . . $15; and
                           (ii)  all others (Sec. 118.052, Local
  Government Code) . . . $40;
                     (B)  filing of action other than original (Secs.
  118.052 and 118.054, Local Government Code) . . . $30; and
                     (C)  services rendered after judgment in original
  action (Secs. 118.052 and 118.0545, Local Government Code):
                           (i)  abstract of judgment (Sec. 118.052,
  Local Government Code) . . . $5; and
                           (ii)  execution, order of sale, writ, or
  other process (Sec. 118.052, Local Government Code) . . . $5;
               (3)  probate court actions (Sec. 118.052, Local
  Government Code):
                     (A)  probate original action (Secs. 118.052 and
  118.055, Local Government Code):
                           (i)  probate of a will with independent
  executor, administration with will attached, administration of an
  estate, guardianship or receivership of an estate, or muniment of
  title (Sec. 118.052, Local Government Code) . . . $40;
                           (ii)  community survivors (Sec. 118.052,
  Local Government Code) . . . $40;
                           (iii)  small estates (Sec. 118.052, Local
  Government Code) . . . $40;
                           (iv)  declarations of heirship (Sec.
  118.052, Local Government Code) . . . $40;
                           (v)  mental health or chemical dependency
  services (Sec. 118.052, Local Government Code) . . . $40; and
                           (vi)  additional, special fee (Secs. 118.052
  and 118.064, Local Government Code) . . . $5;
                     (B)  services in pending probate action (Secs.
  118.052 and 118.056, Local Government Code):
                           (i)  filing an inventory and appraisement
  (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
                           (ii)  approving and recording bond (Sec.
  118.052, Local Government Code) . . . $3;
                           (iii)  administering oath (Sec. 118.052,
  Local Government Code) . . . $2;
                           (iv)  filing annual or final account of
  estate (Sec. 118.052, Local Government Code) . . . $25;
                           (v)  filing application for sale of real or
  personal property (Sec. 118.052, Local Government Code) . . . $25;
                           (vi)  filing annual or final report of
  guardian of a person (Sec. 118.052, Local Government Code) . . .
  $10; and
                           (vii)  filing a document not listed under
  this paragraph after the filing of an order approving the inventory
  and appraisement or after the 120th day after the date of the
  initial filing of the action, whichever occurs first (Secs. 118.052
  and 191.007, Local Government Code), if more than 25 pages . . .
  $25;
                     (C)  adverse probate action (Secs. 118.052 and
  118.057, Local Government Code) . . . $40;
                     (D)  claim against estate (Secs. 118.052 and
  118.058, Local Government Code) . . . $10;
                     (E)  supplemental public [court-initiated]
  guardianship and related services fee (Secs. 118.052 and 118.067,
  Local Government Code) . . . $20; and
                     (F)  supplemental public probate administrator
  fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
               (4)  other fees (Sec. 118.052, Local Government Code):
                     (A)  issuing document (Secs. 118.052 and 118.059,
  Local Government Code):
                           (i)  original document and one copy (Sec.
  118.052, Local Government Code) . . . $4; and
                           (ii)  each additional set of an original and
  one copy (Sec. 118.052, Local Government Code) . . . $4;
                     (B)  certified papers (Secs. 118.052 and 118.060,
  Local Government Code):
                           (i)  for the clerk's certificate (Sec.
  118.052, Local Government Code) . . . $5; and
                           (ii)  a fee per page or part of a page (Sec.
  118.052, Local Government Code) . . . $1;
                     (C)  noncertified papers, for each page or part of
  a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
  $1;
                     (D)  letters testamentary, letter of
  guardianship, letter of administration, or abstract of judgment
  (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
                     (E)  safekeeping of wills (Secs. 118.052 and
  118.062, Local Government Code) . . . $5;
                     (F)  mail service of process (Secs. 118.052 and
  118.063, Local Government Code) . . . same as sheriff; and
                     (G)  records management and preservation fee
  (Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
  . . . $5;
               (5)  deposit on filing petition requesting permission
  to create a municipal civic center authority (Sec. 281.013, Local
  Government Code) . . . $200;
               (6)  additional filing fee to fund the courthouse
  security fund, if authorized by the county commissioners court
  (Sec. 291.008, Local Government Code) . . . not to exceed $5;
               (7)  additional filing fee for filing documents not
  subject to certain filing fees to fund the courthouse security
  fund, if authorized by the county commissioners court (Sec.
  291.008, Local Government Code) . . . $1;
               (8)  additional filing fee to fund the courthouse
  security fund in Webb County, if authorized by the county
  commissioners court (Sec. 291.009, Local Government Code) . . . not
  to exceed $20;
               (9)  court cost in civil cases other than suits for
  delinquent taxes to fund the county law library fund, if authorized
  by the county commissioners court (Sec. 323.023, Local Government
  Code) . . . not to exceed $35;
               (10)  additional filing fee for filing any civil action
  or proceeding requiring a filing fee, including an appeal, and on
  the filing of any counterclaim, cross-action, intervention,
  interpleader, or third-party action requiring a filing fee, to fund
  civil legal services for the indigent (Sec. 133.153, Local
  Government Code) . . . $10; and
               (11)  on the filing of a civil suit an additional filing
  fee to be used for court-related purposes for the support of the
  judiciary (Sec. 133.154, Local Government Code) . . . $42.
         SECTION 51.  Section 155.001, Government Code, is amended by
  amending Subdivisions (4), (6), and (6-a) and adding Subdivisions
  (5-a) and (6-b) to read as follows:
               (4)  "Guardianship program" means a local, county, or
  regional program, other than an office of public guardian, that
  provides guardianship and related services to an incapacitated
  person or other person who needs assistance in making decisions
  concerning the person's own welfare or financial affairs.
               (5-a)  "Office of public guardian" has the meaning
  assigned by Section 1002.0215, Estates Code.
               (6)  "Private professional guardian" means a person,
  other than an attorney, [or] a corporate fiduciary, or an office of
  public guardian, who is engaged in the business of providing
  guardianship services.
               (6-a)  "Public guardian" has the meaning assigned by
  Section 1002.0265, Estates Code.
               (6-b)  Notwithstanding Section 151.001, "registration"
  means registration of a guardianship under this chapter.
         SECTION 52.  Subchapter B, Chapter 155, Government Code, is
  amended by adding Section 155.053 to read as follows:
         Sec. 155.053.  MONITORING OF COUNTY PUBLIC GUARDIANSHIP AND
  RELATED SERVICES FUNDS. The office shall monitor counties to
  ensure money is appropriately deposited into the public
  guardianship and related services funds established by counties
  under Section 118.067, Local Government Code, and being used in
  compliance with that section. Not later than December 1 of each
  year, the office shall submit a report to the legislature detailing
  how money in the funds is being used by counties across the state.
         SECTION 53.  Section 155.101(a), Government Code, is amended
  to read as follows:
         (a)  The commission shall adopt minimum standards for:
               (1)  the provision of guardianship services or other
  similar but less restrictive types of assistance or services by:
                     (A)  individuals employed by or contracting with
  guardianship programs to provide the assistance or services on
  behalf of the programs; and
                     (B)  private professional guardians; [and]
               (2)  the provision of guardianship services by the
  Health and Human Services Commission; and
               (3)  the provision of guardianship services by offices
  of public guardians [Department of Aging and Disability Services or
  its successor agency].
         SECTION 54.  Section 155.102(a), Government Code, is amended
  to read as follows:
         (a)  To provide guardianship services in this state, the
  following individuals must hold a certificate issued under this
  section:
               (1)  an individual who is a private professional
  guardian;
               (2)  an individual who will provide those services to a
  ward of a private professional guardian on the guardian's behalf;
  [and]
               (3)  an individual, other than a volunteer, who will
  provide those services or other services under Section 161.114,
  Human Resources Code, to a ward of a guardianship program or the
  Health and Human Services Commission [Department of Aging and
  Disability Services] on the program's or commission's
  [department's] behalf;
               (4)  an individual who is a public guardian; and
               (5)  an individual who will provide those services to a
  ward of an office of public guardian.
         SECTION 55.  Section 155.105, Government Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  Not later than January 31 of each year, each office of
  public guardian shall provide to the commission a report containing
  for the preceding year:
               (1)  the number of wards served by the office;
               (2)  the total amount of any money received from this
  state for the provision of guardianship services; and
               (3)  the amount of money received from any other public
  source, including a county or the federal government, for the
  provision of guardianship services, reported by source, and the
  total amount of money received from those public sources.
         SECTION 56.  Section 155.205(b), Government Code, is amended
  to read as follows:
         (b)  The commission shall obtain:
               (1)  fingerprint-based criminal history record
  information of a proposed guardian [an applicant] if:
                     (A)  the liquid assets of the estate of a ward
  exceed $50,000; or
                     (B)  the proposed guardian is not a resident of
  this state; or
               (2)  name-based criminal history record information of
  a proposed guardian, including any criminal history record
  information under the current name and all former names of the
  proposed guardian, [an applicant] if:
                     (A)  the liquid assets of the estate of a ward are
  $50,000 or less; and
                     (B)  the proposed guardian is a resident of this
  state.
         SECTION 57.  Section 411.1386(a), Government Code, is
  amended to read as follows:
         (a)  Except as provided by Subsections (a-1), (a-5), and
  (a-6), the clerk of the county having venue over a proceeding for
  the appointment of a guardian under Title 3, Estates Code, shall
  obtain from the department criminal history record information
  maintained by the department that relates 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)  a public guardian, as defined by Section
  1002.0265(1), Estates Code;
               (6)  each person who represents or plans to represent
  the interests of a ward as a guardian on behalf of an office of
  public guardian;
               (7)  each person employed by an office of public
  guardian, as defined by Section 1002.0215, Estates Code, 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; or
               (8)  any other person proposed to serve as a guardian
  under Title 3, Estates Code, including a proposed temporary
  guardian and a proposed successor guardian, other than an attorney.
         SECTION 58.  Section 571.013, Health and Safety Code, is
  amended to read as follows:
         Sec. 571.013.  METHOD OF GIVING NOTICE. Except as otherwise
  provided by this subtitle, notice required under this subtitle may
  be given by:
               (1)  personal delivery of [delivering] a copy of the
  notice or document by a constable or sheriff of the county; [in
  person] or
               (2)  [in] another manner directed by the court that is
  reasonably calculated to give actual notice.
         SECTION 59.  Section 571.014(c), Health and Safety Code, is
  amended to read as follows:
         (c)  A person may [initially] file a paper with the county
  clerk by the use of reproduced, photocopied, or electronically
  transmitted paper copies of [if the person files] the original
  signed copies of the paper. A person who files a reproduced,
  photocopied, or electronically transmitted paper must maintain
  possession of the original signed copies of the paper and shall make
  the original paper available for inspection on request by the
  parties or the court [with the clerk not later than the 72nd hour
  after the hour on which the initial filing is made. If the 72-hour
  period ends on a Saturday, Sunday, or legal holiday, the filing
  period is extended until 4 p.m. on the first succeeding business
  day. If extremely hazardous weather conditions exist or a disaster
  occurs, the presiding judge or magistrate may by written order made
  each day extend the filing period until 4 p.m. on the first
  succeeding business day. The written order must declare that an
  emergency exists because of the weather or the occurrence of a
  disaster. If a person detained under this subtitle would otherwise
  be released because the original signed copy of a paper is not filed
  within the 72-hour period but for the extension of the filing period
  under this section, the person may be detained until the expiration
  of the extended filing period. This subsection does not affect
  another provision of this subtitle requiring the release or
  discharge of a person].
         SECTION 60.  Section 161.103, Human Resources Code, is
  amended to read as follows:
         Sec. 161.103.  CONTRACT FOR GUARDIANSHIP SERVICES. (a)  If
  appropriate, the commission [department] may contract with a
  political subdivision of this state, a guardianship program as
  defined by Section 1002.016, Estates Code, a private agency, or
  another state agency for the provision of guardianship services
  under this section.
         (b)  A contract under Subsection (a) may allow for the
  provision of guardianship services by an office of public guardian,
  as defined by Section 1002.0215, Estates Code.
         SECTION 61.  Section 118.052, Local Government Code, is
  amended to read as follows:
         Sec. 118.052.  FEE SCHEDULE.  Each clerk of a county court
  shall collect the following fees for services rendered to any
  person:
               (1)  CIVIL COURT ACTIONS
                     (A)  Filing of Original Action (Sec. 118.053):
                           (i)  Garnishment after judgment . . . $15.00
                           (ii)  All others . . . $40.00
                     (B)  Filing of Action Other than Original (Sec.
  118.054) . . . $30.00
                     (C)  Services Rendered After Judgment in Original
  Action (Sec. 118.0545):
                           (i)  Abstract of judgment . . . $5.00
                           (ii)  Execution, order of sale, writ, or
  other process . . . $5.00
               (2)  PROBATE COURT ACTIONS
                     (A)  Probate Original Action (Sec. 118.055):
                           (i)  Probate of a will with independent
  executor, administration with will attached, administration of an
  estate, guardianship or receivership of an estate, or muniment of
  title . . . $40.00
                           (ii)  Community survivors . . . $40.00
                           (iii)  Small estates . . . $40.00
                           (iv)  Declarations of heirship . . . $40.00
                           (v)  Mental health or chemical dependency
  services . . . $40.00
                           (vi)  Additional, special fee (Sec. 118.064)
  . . . $5.00
                     (B)  Services in Pending Probate Action (Sec.
  118.056):
                           (i)  Filing an inventory and appraisement as
  provided by Section 118.056(d) . . . $25.00
                           (ii)  Approving and recording bond . . .
  $3.00
                           (iii)  Administering oath . . . $2.00
                           (iv)  Filing annual or final account of
  estate . . . $25.00
                           (v)  Filing application for sale of real or
  personal property . . . $25.00
                           (vi)  Filing annual or final report of
  guardian of a person . . . $10.00
                           (vii)  Filing a document not listed under
  this paragraph after the filing of an order approving the inventory
  and appraisement or after the 120th day after the date of the
  initial filing of the action, whichever occurs first, if more than
  25 pages . . . $25.00
                     (C)  Adverse Probate Action (Sec. 118.057) . . .
  $40.00
                     (D)  Claim Against Estate (Sec. 118.058) . . .
  $10.00
                     (E)  Supplemental Public [Court-Initiated]
  Guardianship and Related Services Fee in Probate Original Actions
  and Adverse Probate Actions (Sec. 118.067) . . . $20.00
                     (F)  Supplemental Public Probate Administrator
  Fee For Counties That Have Appointed a Public Probate Administrator
  (Sec. 118.068) . . . $10.00
               (3)  OTHER FEES
                     (A)  Issuing Document (Sec. 118.059):
         original document and one copy . . . $4.00
         each additional set of an original and one copy . . . $4.00
                     (B)  Certified Papers (Sec. 118.060):
         for the clerk's certificate . . . $5.00
         plus a fee per page or part of a page of . . . $1.00
                     (C)  Noncertified Papers (Sec. 118.0605):
         for each page or part of a page . . . $1.00
                     (D)  Letters Testamentary, Letter of
  Guardianship, Letter of Administration, or Abstract of Judgment
  (Sec. 118.061) . . . $2.00
                     (E)  Deposit and Safekeeping of Wills (Sec.
  118.062) . . . $5.00
                     (F)  Mail Service of Process (Sec. 118.063) . . .
  same as sheriff
                     (G)  Records Management and Preservation Fee
  . . . $5.00
                     (H)  Records Technology and Infrastructure Fee if
  authorized by the commissioners court of the county (Sec. 118.026)
  . . . $2.00
         SECTION 62.  Section 118.067, Local Government Code, is
  amended to read as follows:
         Sec. 118.067.  SUPPLEMENTAL PUBLIC [COURT-INITIATED]
  GUARDIANSHIP AND RELATED SERVICES FEE. (a)  The "supplemental
  public [court-initiated] guardianship and related services fee"
  under Section 118.052(2)(E) is for the support of guardianship
  services provided by public guardians, as defined by Section
  1002.0265 [the judiciary in guardianships initiated under Chapter
  1102], Estates Code, or guardianship and other less restrictive
  alternative services provided to indigent incapacitated persons
  who do not have family members suitable and willing to serve as
  guardians or provide less restrictive alternative services.  Fees
  collected under Section 118.052(2)(E) shall be deposited in a
  public [court-initiated] guardianship and related services fund in
  the county treasury and may be used only to supplement, rather than
  supplant, other available county funds used to fund guardianship
  services or other less restrictive alternative services provided to
  individuals who are indigent[:
               [(1)     pay the compensation of a guardian ad litem
  appointed by a court under Section 1102.001, Estates Code;
               [(2)     pay the compensation of an attorney ad litem
  appointed by a court to represent a proposed ward in a guardianship
  proceeding initiated under Chapter 1102, Estates Code; and
               [(3)     fund local guardianship programs that provide
  guardians for indigent incapacitated persons who do not have family
  members suitable and willing to serve as guardians].
         (b)  The supplemental public [court-initiated] guardianship
  and related services fee is charged for:
               (1)  a probate original action described by Section
  118.055 and for which a fee is charged in accordance with Section
  118.052(2)(A)(i), (ii), (iii), (iv), or (v); and
               (2)  an adverse probate action described by Section
  118.057 and for which a fee is charged in accordance with Section
  118.052(2)(C).
         (c)  The supplemental public [court-initiated] guardianship
  and related services fee must be paid by the person against whom the
  fee for a probate original action or adverse probate action, as
  applicable, is charged and is due at the time that fee is due.
         (d)  The supplemental public [court-initiated] guardianship
  and related services fee is in addition to all other fees charged in
  probate original actions and adverse probate actions.
         SECTION 63.  Section 1104.403, Estates Code, is repealed.
         SECTION 64.  Section 571.014(d), Health and Safety Code, is
  repealed.
         SECTION 65.  (a)  Section 202.054, Estates Code, as amended
  by this Act, applies only to a proceeding to declare heirship
  commenced on or after the effective date of this Act. A proceeding
  to declare heirship commenced before that date is governed by the
  law in effect on the date the proceeding was commenced, and the
  former law is continued in effect for that purpose.
         (b) Section 452.006(c), Estates Code, as added by this Act,
  applies only to a temporary administrator appointed on or after the
  effective date of this Act.  A temporary administrator appointed
  before the effective date of this Act is governed by the law in
  effect on the date the administrator was appointed, and the former
  law is continued in effect for that purpose.
         (c)  Section 503.002, Estates Code, as amended by this Act,
  applies only to a copy of a testamentary instrument or other
  document filed for recording on or after the effective date of this
  Act.  A copy of a testamentary instrument or other document filed
  before the effective date of this Act is governed by the law in
  effect on the date the instrument or document was filed, and the
  former law is continued in effect for that purpose.
         (d)  The changes in law made by this Act to Sections 25.0006,
  25.00231, and 26.001, Government Code, apply only to an insurance
  policy delivered, issued for delivery, or renewed on or after
  January 1, 2020.  An insurance policy delivered, issued for
  delivery, or renewed before January 1, 2020, is governed by the law
  as it existed immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 66.  (a)  Except as otherwise provided by this
  section, the changes in law made by this Act apply to:
               (1)  a guardianship created before, on, or after the
  effective date of this Act; and
               (2)  an application for a guardianship pending on, or
  filed on or after, the effective date of this Act.
         (b)  The changes in law made by this Act to Section 1021.001,
  Estates Code, apply only to an action filed on or after the
  effective date of this Act. An action filed before the effective
  date of this Act is governed by the law in effect on the date the
  action was filed, and the former law is continued in effect for that
  purpose.
         (c)  The changes in law made by this Act to Sections
  1054.201, 1101.153, 1155.054(d), and 1155.151(a), Estates Code,
  and Section 155.205(b), Government Code, apply only to a
  guardianship proceeding commenced on or after the effective date of
  this Act. A guardianship proceeding commenced before the effective
  date of this Act is governed by the law in effect on the date the
  proceeding was commenced, and the former law is continued in effect
  for that purpose.
         (d)  Section 1301.0511, Estates Code, as added by this Act,
  applies only to an application for creation of a management trust
  filed on or after the effective date of this Act. An application
  for creation of a management trust filed before the effective date
  of this Act is governed by the law in effect on the date the
  application was filed, and the former law is continued in effect for
  that purpose.
         (e)  The changes in law made by this Act to Sections 1301.101
  and 1301.203, Estates Code, apply only to an application for the
  creation or modification of a management trust filed on or after the
  effective date of this Act. An application for the creation or
  modification of a management trust filed before the effective date
  of this Act is governed by the law in effect on the date the
  application was filed, and the former law is continued in effect for
  that purpose.
         (f)  The changes in law made by this Act to Section 1355.105,
  Estates Code, apply only to an application for an order for the
  delivery of money that is filed on or after the effective date of
  this Act. An application for an order for the delivery of money
  that is filed before the effective date of this Act is governed by
  the law in effect on the date the application was filed, and the
  former law is continued in effect for that purpose.
         (g)  Section 1101.001, Estates Code, as amended by this Act,
  applies only to an application for the appointment of a guardian
  filed on or after the effective date of this Act. An application
  for the appointment of a guardian filed before the effective date of
  this Act is governed by the law in effect on the date the
  application was filed, and the former law is continued in effect for
  that purpose.
         (h)  The following provisions of this Act apply only to the
  appointment of a guardian of the person or of the estate of a ward,
  or both, made on or after July 1, 2020:
               (1)  Sections 1002.0215 and 1002.0265 and Subchapter
  G-1, Chapter 1104, Estates Code, as added by this Act;
               (2)  Sections 1104.251(a), 1104.402(a), 1104.409,
  1155.151(a-2), 1163.005(a), and 1163.101(c), Estates Code, as
  amended by this Act;
               (3)  Sections 101.0814, 101.1013, 101.1214,
  155.001(4), (6), and (6-a), 155.101(a), 155.102(a), and
  411.1386(a), Government Code, as amended by this Act;
               (4)  Sections 155.001(5-a) and (6-b), 155.053, and
  155.105(b-1), Government Code, as added by this Act;
               (5)  Section 161.103, Human Resources Code, as amended
  by this Act; and
               (6)  Sections 118.052 and 118.067, Local Government
  Code, as amended by this Act.
         (i)  Notwithstanding any other law, a person who,
  immediately before July 1, 2020, is serving as guardian of the
  person or of the estate of a ward, or both, and who, under Section
  1104.334, Estates Code, as added by this Act, would be eligible for
  appointment of an office of public guardian as the ward's guardian,
  may continue to serve as guardian of the person or of the estate of
  the ward, or both, unless otherwise removed as provided by law.
         SECTION 67.  Not later than January 1, 2020, the supreme
  court shall adopt rules necessary to implement Subchapter G-1,
  Chapter 1104, Estates Code, as added by this Act, including rules
  governing the transfer of a guardianship of the person or of the
  estate of a ward, or both, if appropriate, to an office of public
  guardian established under that subchapter or a public guardian
  contracted under that subchapter.
         SECTION 68.  This Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 667 passed the Senate on
  March 26, 2019, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 23, 2019, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 667 passed the House, with
  amendments, on May 21, 2019, by the following vote: Yeas 115,
  Nays 26, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor