By: Zaffirini S.B. No. 1975
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to probate and guardianship matters and proceedings and
  other matters involving probate courts.
         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 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 6.  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 7.  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 8.  The heading to Chapter 1054, Estates Code, is
  amended to read as follows:
  CHAPTER 1054.  COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND
  ATTORNEYS
         SECTION 9.  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 10.  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 11.  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 description of the
  proposed ward's liquid assets [property], including any
  compensation, pension, insurance, or allowance to which the
  proposed ward may be entitled;
               (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 12.  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 13.  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 14.  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 15.  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 16.  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 17.  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 18.  Section 25.00231, Government Code, is amended
  by adding Subsection (f) to read as follow:
         (f)  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 19.  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 20.  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 provider of a course described by this section may
  not charge more than $150.
         SECTION 21.  Section 1104.403, Estates Code, is repealed.
         SECTION 22.  (a)  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.
         (b)  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
  the purpose.
         (c)  Sections 1054.201 and 1101.153, Estates Code, as
  amended by this Act, 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 applicable to the proceeding immediately
  before the effective date of this Act, and the former law is
  continued in effect for that purpose.
         (d)  Section 1253.001, Estates Code, as amended by this Act,
  applies to a guardianship created before, on, or after the
  effective date of this Act.
         SECTION 23.  This Act takes effect September 1, 2019.