| |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment by a county of public guardians for |
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certain incapacitated persons and funding for guardianships by |
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public guardians and related services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1002, Estates Code, is amended by adding |
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Sections 1002.0215 and 1002.0265 to read as follows: |
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Sec. 1002.0215. OFFICE OF PUBLIC GUARDIAN. "Office of |
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public guardian" means an office of public guardian established by |
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the commissioners court of a county under Subchapter G-1, Chapter |
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1104. |
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Sec. 1002.0265. PUBLIC GUARDIAN. "Public guardian" means a |
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person: |
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(1) appointed to administer an office of public |
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guardian by the commissioners court of a county under Subchapter |
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G-1, Chapter 1104; or |
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(2) with which one or more counties enter into an |
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agreement under Section 1104.327(a)(2) or (d). |
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SECTION 2. Section 1104.251(a), Estates Code, is amended to |
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read as follows: |
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(a) An individual must be certified under Subchapter C, |
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Chapter 155, Government Code, if the individual: |
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(1) is a private professional guardian; |
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(2) will represent the interests of a ward as a |
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guardian on behalf of a private professional guardian; |
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(3) is providing guardianship services to a ward of a |
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guardianship program on the program's behalf, except as provided by |
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Section 1104.254; [or] |
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(4) is an employee of the Health and Human Services |
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Commission [Department of Aging and Disability Services] providing |
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guardianship services to a ward of the commission; |
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(5) is a public guardian; or |
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(6) will represent the interests of a ward as a |
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guardian on behalf of a public guardian [department]. |
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SECTION 3. Chapter 1104, Estates Code, is amended by adding |
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Subchapter G-1 to read as follows: |
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SUBCHAPTER G-1. PUBLIC GUARDIANS |
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Sec. 1104.326. DEFINITION. In this subchapter, unless the |
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context otherwise requires, "office" means an office of public |
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guardian established under this subchapter. |
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Sec. 1104.327. ESTABLISHMENT OF OFFICES; PUBLIC GUARDIANS. |
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(a) The commissioners court of a county by order may: |
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(1) create an office of public guardian to provide |
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guardianship services described by Section 1104.334 to |
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incapacitated persons; or |
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(2) enter into an agreement with a person operating a |
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nonprofit guardianship program or private professional |
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guardianship program located in the county or in an adjacent county |
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to act as a public guardian by providing guardianship services |
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described by Section 1104.334 to incapacitated persons. |
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(b) Subject to Subsection (c) and Section 1104.328, the |
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commissioners court of a county shall appoint an individual as |
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public guardian to administer the office of public guardian |
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established under Subsection (a)(1) and may employ or authorize the |
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public guardian to employ personnel necessary to perform the duties |
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of the office, including personnel who will represent the interests |
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of a ward as a guardian on behalf of the office if approved by the |
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commissioners court. |
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(c) The commissioners court of a county may enter into an |
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agreement with an individual to act as public guardian under |
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Subsection (b) on a part-time basis with appropriate compensation |
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if: |
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(1) the commissioners court determines a full-time |
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appointment does not serve the needs of the county; and |
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(2) the individual who is appointed on a part-time |
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basis is not employed in or does not hold another position that |
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presents a conflict of interest. |
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(d) The commissioners courts of two or more counties may |
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collectively enter into an agreement: |
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(1) to create and fund an office of public guardian for |
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purposes of Subsection (a)(1) and to appoint the same individual as |
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public guardian to that office under Subsection (b); or |
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(2) with a person operating a guardianship program |
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described by Subsection (a)(2) to serve as a public guardian for |
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purposes of that subdivision. |
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(e) An individual appointed as public guardian under |
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Subsection (b) serves a term of five years. |
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Sec. 1104.328. QUALIFICATIONS OF PUBLIC GUARDIAN. To be |
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appointed as public guardian under Section 1104.327(b), an |
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individual must: |
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(1) be a licensed attorney or be certified under |
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Subchapter C, Chapter 155, Government Code; and |
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(2) have demonstrable guardianship experience. |
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Sec. 1104.329. CONFLICT OF INTEREST. (a) Except as |
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provided by Subsection (b), an office or public guardian must be |
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independent from providers of services to wards and proposed wards |
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and may not directly provide housing, medical, legal, or other |
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direct, non-surrogate decision-making services to a ward or |
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proposed ward, unless approved by the court. |
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(b) An office or public guardian may provide money |
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management services described by Section 531.125, Government Code, |
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or other representative payee services to a ward or proposed ward. |
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Sec. 1104.330. COMPENSATION. A person appointed or acting |
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as public guardian under Section 1104.327 shall receive |
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compensation as set by the commissioners court and is not entitled |
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to compensation under Subchapter A, Chapter 1155, unless approved |
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by the court or the person is appointed as guardian of a ward in |
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accordance with Section 1104.334(a)(2)(B). |
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Sec. 1104.331. BOND REQUIREMENT. (a) A public guardian |
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shall file with the court clerk a general bond in an amount fixed by |
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the commissioners court payable to the county and issued by a surety |
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company approved by the county judge. The bond must be conditioned |
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on the faithful performance by the person of the person's duties |
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and, if the public guardian administers an office, the office's |
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duties. |
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(b) The bond required by this section satisfies any bond |
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required under Chapter 1105. |
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Sec. 1104.332. VACANCY. If an individual appointed as |
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public guardian under Section 1104.327(b) vacates the position, the |
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commissioners court shall appoint, subject to Section 1104.328, an |
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individual to serve as public guardian for the unexpired term. |
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Sec. 1104.333. POWERS AND DUTIES. (a) An office or public |
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guardian shall: |
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(1) if applicable, evaluate the financial status of a |
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proposed ward to determine whether the proposed ward is eligible to |
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have the office or public guardian appointed guardian of the ward |
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under Section 1104.334(a)(2)(A); and |
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(2) serve as guardian of the person or of the estate of |
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a ward, or both, on appointment by a court in accordance with the |
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requirements of this title. |
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(b) In connection with a financial evaluation under |
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Subsection (a)(1) and on the request of an office or public |
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guardian, a court with jurisdiction over the guardianship |
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proceeding may order the release of public and private records, |
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including otherwise confidential records, to the office or public |
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guardian. |
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(c) Notwithstanding Section 552.261, Government Code, a |
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state agency may not charge an office or public guardian for |
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providing the office or public guardian with a copy of public |
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information requested from the agency by the office or public |
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|
guardian. |
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Sec. 1104.334. APPOINTMENT OF OFFICE OR PUBLIC GUARDIAN AS |
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GUARDIAN. (a) In accordance with applicable law, including |
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Subchapter C, Chapter 1101, a court may appoint an office or public |
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guardian to serve as guardian of the person or of the estate of a |
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ward, or both, if: |
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(1) on the date the guardianship application is filed, |
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the ward resides in or is located in the county served by the office |
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or public guardian; and |
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(2) the court finds that the ward: |
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(A) does not have sufficient assets or other |
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resources to pay a private professional guardian to serve as the |
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ward's guardian and the appointment is in the ward's best interest; |
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or |
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(B) has sufficient assets or other resources to |
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pay a private professional guardian to serve as the ward's |
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guardian, the appointment is in the ward's best interest, and: |
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(i) the ward's family members who are |
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eligible for appointment as the ward's guardian agree to the |
|
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appointment of an office or public guardian to serve as the ward's |
|
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guardian or are unable to agree on the person or persons that should |
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be appointed as the ward's guardian; or |
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(ii) the ward does not have a family member, |
|
|
friend, or other suitable person willing and able to serve as the |
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ward's guardian. |
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(b) For purposes of Subsection (a)(2), the determination of |
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|
a ward's ability to pay a private professional guardian is |
|
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dependent on: |
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(1) the nature, extent, and liquidity of the ward's |
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assets; |
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(2) the ward's disposable net income, including income |
|
|
of a recipient of medical assistance that is used to pay expenses |
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|
under Section 1155.202(a); |
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(3) the nature of the guardianship; |
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(4) the type, duration, and complexity of services |
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required by the ward; and |
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(5) additional, foreseeable expenses. |
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(c) The number of appointments of an office under this |
|
|
section may not exceed 35 wards for each guardian representing the |
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interests of wards on behalf of the office. |
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(d) If each guardian representing the interests of wards on |
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|
behalf of an office reaches the limitation provided by Subsection |
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(c), the office shall immediately give notice to the courts. |
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Sec. 1104.335. CONFIDENTIALITY AND DISCLOSURE OF |
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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 |
|
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or federal law, or as necessary to enable an office or public |
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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: |
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(1) a hearing on the motion is conducted; |
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(2) notice of the hearing is served on the office or |
|
|
public guardian and each interested person; and |
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(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. |
|
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(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 |
|
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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. |
|
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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). |
|
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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 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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. |
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|
SECTION 13. Subchapter B, Chapter 155, Government Code, is |
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|
amended by adding Section 155.053 to read as follows: |
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|
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 14. 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 15. 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: |
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|
(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 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 22. (a) The changes in law made by 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. |
|
|
(b) 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, 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 23. This Act takes effect September 1, 2019. |