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A BILL TO BE ENTITLED
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AN ACT
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relating to probate and guardianship matters and proceedings and |
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other matters involving probate courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.014(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) In a civil action, including a probate or guardianship |
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proceeding, filed in a district court, county court, [or] statutory |
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county court, or statutory probate court, each party or the party's |
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attorney shall include in its initial pleading: |
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(1) the last three numbers of the party's driver's |
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license number, if the party has been issued a driver's license; and |
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(2) the last three numbers of the party's social |
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security number, if the party has been issued a social security |
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number. |
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SECTION 2. Section 33.101, Estates Code, is amended to read |
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as follows: |
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Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS |
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PROPER. If probate proceedings involving the same estate are |
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commenced in more than one county and the court making a |
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determination of venue as provided by Section 33.053 determines |
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that venue is proper in another county, the court clerk shall make |
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and retain a copy of the entire file in the case and transmit the |
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original file in electronic or paper form to the court in the county |
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in which venue is proper. The court to which the file is |
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transmitted shall conduct the proceeding in the same manner as if |
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the proceeding had originally been commenced in that county. |
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SECTION 3. Section 33.102(a), Estates Code, is amended to |
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read as follows: |
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(a) If it appears to the court at any time before the final |
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order in a probate proceeding is rendered that the court does not |
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have priority of venue over the proceeding, the court shall, on the |
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application of an interested person, transfer the proceeding to the |
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proper county by transmitting to the proper court in that county in |
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electronic or paper form: |
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(1) the original file in the case; and |
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(2) certified copies of all entries that have been |
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made in the judge's probate docket in the proceeding. |
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SECTION 4. Section 33.103, Estates Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The transmittal under Subsection (b) of the original |
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file and the certified copy of the index may be in electronic or |
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paper form, except that an original will filed in the probate |
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proceeding, if any, must be delivered to the court to which the |
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proceeding is transferred. |
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SECTION 5. Section 503.002, Estates Code, is amended to |
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read as follows: |
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Sec. 503.002. RECORDING OF CERTAIN FOREIGN TESTAMENTARY |
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INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH [ORIGINAL SIGNATURES NOT
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REQUIRED]. (a) An authenticated copy of a will or other |
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testamentary instrument described by Section 503.001(a), along |
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with a copy of the judgment, order, or decree by which the |
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instrument was admitted to probate that has the attestation and |
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certificate required by Section 501.002(c), that is written in |
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whole or in part in a language other than English may be filed for |
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recording in the deed records in any county in this state in which |
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the land conveyed or disposed of in the instrument is located if: |
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(1) a correct English translation is recorded with the |
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authenticated copies of the will or other testamentary instrument |
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and judgment, order, or decree by which the instrument was admitted |
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to probate; and |
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(2) the accuracy of the translation is sworn to before |
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an officer authorized to administer oaths [Notwithstanding Section
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501.002(c), the original signatures required by that section may
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not be required for a recordation in the deed records in accordance
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with Section 503.001 or for a purpose described by Section 503.051
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or 503.052]. |
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(b) The recording of an authenticated copy of a will or |
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other testamentary instrument and a copy of the judgment, order, or |
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decree in the manner provided by Subsection (a) operates as |
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constructive notice from the date of filing to all persons of the: |
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(1) existence of the instrument; and |
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(2) title or titles conferred by the instrument. |
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SECTION 6. Section 1023.006, Estates Code, is amended to |
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read as follows: |
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Sec. 1023.006. TRANSFER OF RECORD. When an order of |
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transfer is made under Section 1023.005, the clerk shall record any |
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unrecorded papers of the guardianship required to be recorded. On |
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payment of the clerk's fee, the clerk shall transmit in electronic |
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or paper form to the county clerk of the county to which the |
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guardianship was ordered transferred: |
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(1) the case file of the guardianship proceedings; and |
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(2) a certified copy of the index of the guardianship |
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records. |
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SECTION 7. Section 1023.007, Estates Code, is amended to |
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read as follows: |
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Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring |
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a guardianship does not take effect until: |
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(1) the case file and a certified copy of the index |
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required by Section 1023.006 are filed in electronic or paper form |
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in the office of the county clerk of the county to which the |
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guardianship was ordered transferred; and |
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(2) a certificate under the clerk's official seal and |
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reporting the filing of the case file and a certified copy of the |
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index is filed in electronic or paper form in the court ordering the |
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transfer by the county clerk of the county to which the guardianship |
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was ordered transferred. |
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SECTION 8. The heading to Chapter 1054, Estates Code, is |
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amended to read as follows: |
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CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND |
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ATTORNEYS |
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SECTION 9. The heading to Subchapter E, Chapter 1054, |
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Estates Code, is amended to read as follows: |
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SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED] |
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ATTORNEY |
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SECTION 10. Section 1054.201, Estates Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (c), an [An] attorney |
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representing any person's interests [for an applicant for
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guardianship and a court-appointed attorney] in a guardianship |
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proceeding, including an attorney ad litem, must be certified by |
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the State Bar of Texas, or a person or other entity designated by |
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the state bar, as having successfully completed a course of study in |
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guardianship law and procedure sponsored by the state bar or the |
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state bar's designee. |
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(c) An attorney may commence representation of a person's |
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interests and file an appearance in a guardianship proceeding |
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before completing the course required for certification under |
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Subsection (a), but must complete the course not later than the 14th |
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day after the date of filing the appearance and before filing any |
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substantive motion in the guardianship proceeding. |
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SECTION 11. Section 1101.001(b), Estates Code, is amended |
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to read as follows: |
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(b) The application must be sworn to by the applicant and |
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state: |
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(1) the proposed ward's name, sex, date of birth, and |
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address; |
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(2) the name, former name, if any, relationship, and |
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address of the person the applicant seeks to have appointed as |
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guardian; |
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(3) whether guardianship of the person or estate, or |
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both, is sought; |
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(3-a) whether alternatives to guardianship and |
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available supports and services to avoid guardianship were |
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considered; |
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(3-b) whether any alternatives to guardianship and |
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supports and services available to the proposed ward considered are |
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feasible and would avoid the need for a guardianship; |
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(4) the nature and degree of the alleged incapacity, |
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the specific areas of protection and assistance requested, and the |
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limitation or termination of rights requested to be included in the |
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court's order of appointment, including a termination of: |
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(A) the right of a proposed ward who is 18 years |
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of age or older to vote in a public election; |
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(B) the proposed ward's eligibility to hold or |
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obtain a license to operate a motor vehicle under Chapter 521, |
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Transportation Code; and |
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(C) the right of a proposed ward to make personal |
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decisions regarding residence; |
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(5) the facts requiring the appointment of a guardian; |
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(6) the interest of the applicant in the appointment |
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of a guardian; |
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(7) the nature and description of any kind of |
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guardianship existing for the proposed ward in any other state; |
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(8) the name and address of any person or institution |
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having the care and custody of the proposed ward; |
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(9) the approximate value and description of the |
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proposed ward's liquid assets [property], including any |
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compensation, pension, insurance, or allowance to which the |
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proposed ward may be entitled; |
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(10) the name and address of any person whom the |
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applicant knows to hold a power of attorney signed by the proposed |
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ward and a description of the type of power of attorney; |
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(11) for a proposed ward who is a minor, the following |
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information if known by the applicant: |
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(A) the name of each of the proposed ward's |
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parents and either the parent's address or that the parent is |
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deceased; |
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(B) the name and age of each of the proposed |
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ward's siblings, if any, and either the sibling's address or that |
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the sibling is deceased; and |
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(C) if each of the proposed ward's parents and |
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adult siblings are deceased, the names and addresses of the |
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proposed ward's other living relatives who are related to the |
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proposed ward within the third degree by consanguinity and who are |
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adults; |
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(12) for a proposed ward who is a minor, whether the |
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minor was the subject of a legal or conservatorship proceeding in |
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the preceding two years and, if so: |
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(A) the court involved; |
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(B) the nature of the proceeding; and |
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(C) any final disposition of the proceeding; |
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(13) for a proposed ward who is an adult, the following |
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information if known by the applicant: |
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(A) the name of the proposed ward's spouse, if |
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any, and either the spouse's address or that the spouse is deceased; |
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(B) the name of each of the proposed ward's |
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parents and either the parent's address or that the parent is |
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deceased; |
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(C) the name and age of each of the proposed |
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ward's siblings, if any, and either the sibling's address or that |
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the sibling is deceased; |
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(D) the name and age of each of the proposed |
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ward's children, if any, and either the child's address or that the |
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child is deceased; and |
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(E) if there is no living spouse, parent, adult |
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sibling, or adult child of the proposed ward, the names and |
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addresses of the proposed ward's other living relatives who are |
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related to the proposed ward within the third degree by |
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consanguinity and who are adults; |
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(14) facts showing that the court has venue of the |
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proceeding; and |
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(15) if applicable, that the person whom the applicant |
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seeks to have appointed as a guardian is a private professional |
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guardian who is certified under Subchapter C, Chapter 155, |
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Government Code, and has complied with the requirements of |
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Subchapter G, Chapter 1104. |
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SECTION 12. Section 1101.153(a), Estates Code, is amended |
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to read as follows: |
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(a) A court order appointing a guardian must: |
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(1) specify: |
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(A) [(1)] the name of the person appointed; |
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(B) [(2)] the name of the ward; |
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(C) [(3)] whether the guardian is of the person |
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or estate of the ward, or both; |
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(D) [(4)] the amount of any bond required; |
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(E) [(5)] if it is a guardianship of the estate |
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of the ward and the court considers an appraisal to be necessary, |
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one, two, or three disinterested persons to appraise the estate and |
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to return the appraisement to the court; and |
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(F) [(6)] that the clerk will issue letters of |
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guardianship to the person appointed when the person has qualified |
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according to law; and |
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(2) if the court waives the guardian's training |
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requirement, contain a finding that the waiver is in accordance |
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with rules adopted by the supreme court under Section 155.203, |
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Government Code. |
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SECTION 13. Section 1104.402, Estates Code, is amended to |
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read as follows: |
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Sec. 1104.402. COURT CLERK'S DUTY TO OBTAIN CRIMINAL |
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HISTORY RECORD INFORMATION[; AUTHORITY TO CHARGE FEE]. |
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[(a)] Except as provided by Section [1104.403,] 1104.404[,] or |
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1104.406(a), the clerk of the county having venue of the proceeding |
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for the appointment of a guardian shall obtain criminal history |
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record information that is maintained by the Department of Public |
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Safety or the Federal Bureau of Investigation identification |
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division relating to: |
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(1) a private professional guardian; |
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(2) each person who represents or plans to represent |
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the interests of a ward as a guardian on behalf of the private |
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professional guardian; |
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(3) each person employed by a private professional |
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guardian who will: |
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(A) have personal contact with a ward or proposed |
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ward; |
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(B) exercise control over and manage a ward's |
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estate; or |
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(C) perform any duties with respect to the |
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management of a ward's estate; |
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(4) each person employed by or volunteering or |
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contracting with a guardianship program to provide guardianship |
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services to a ward of the program on the program's behalf; or |
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(5) any other person proposed to serve as a guardian |
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under this title, including a proposed temporary guardian and a |
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proposed successor guardian, other than an attorney. |
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[(b)
The clerk may charge a $10 fee to recover the costs of
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obtaining criminal history record information under Subsection
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(a).] |
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SECTION 14. Section 1104.405(a), Estates Code, is amended |
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to read as follows: |
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(a) Criminal history record information obtained or |
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provided under Section 1104.402[, 1104.403,] or 1104.404 is |
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privileged and confidential and is for the exclusive use of the |
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court. The criminal history record information may not be released |
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or otherwise disclosed to any person or agency except on court order |
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or consent of the person being investigated. |
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SECTION 15. Subchapter A, Chapter 1151, Estates Code, is |
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amended by adding Section 1151.005 to read as follows: |
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Sec. 1151.005. LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR |
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WITNESS. The guardian of the person or of the estate of a ward may |
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not be excluded from attending a legal proceeding in which the ward |
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is: |
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(1) a party; or |
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(2) participating as a witness. |
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SECTION 16. Section 1253.001, Estates Code, is amended to |
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read as follows: |
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Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO |
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FOREIGN JURISDICTION. On application of the guardian or on the |
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court's own motion, a [A guardian of the person or estate may apply
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to the] court that has jurisdiction over the guardianship may [to] |
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transfer the guardianship to a court in a foreign jurisdiction to |
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which the ward has permanently moved. |
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SECTION 17. Section 25.0006, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-5) to read as |
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follows: |
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(a) Notwithstanding any other law except Subsection (a-4), |
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Subsections (a-1), (a-2), [and] (a-3), and (a-5) control over a |
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specific provision for a particular court or county that attempts |
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to create a requirement for a bond or insurance that conflicts with |
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those subsections. |
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(a-5) A bond executed under Subsection (a-1) by the judge |
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elected or appointed to a statutory county court or an insurance |
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policy obtained under Subsection (a-3) shall provide the same |
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coverage to a visiting judge assigned to the court as the bond or |
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insurance policy provides to the judge elected or appointed to the |
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court. |
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SECTION 18. Section 25.00231, Government Code, is amended |
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by adding Subsection (f) to read as follow: |
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(f) A bond executed under Subsection (b) by the judge |
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elected or appointed to a statutory probate court or an insurance |
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policy obtained under Subsection (c) shall provide the same |
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coverage to a visiting judge assigned to the court as the bond or |
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insurance policy provides to the judge elected or appointed to the |
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court. |
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SECTION 19. Section 26.001, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A bond executed under Subsection (a) by the judge |
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elected or appointed to a county court or an insurance policy |
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obtained under Subsection (c) shall provide the same coverage to a |
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visiting judge assigned to the court as the bond or insurance policy |
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provides to the judge elected or appointed to the court. |
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SECTION 20. Section 81.114, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) The state bar shall provide a course of instruction for |
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attorneys who represent any person's interests [parties] in |
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guardianship cases or who serve as court-appointed guardians. |
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(e) The provider of a course described by this section may |
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not charge more than $150. |
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SECTION 21. Section 1104.403, Estates Code, is repealed. |
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SECTION 22. (a) Section 503.002, Estates Code, as amended |
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by this Act, applies only to a copy of a testamentary instrument or |
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other document filed for recording on or after the effective date of |
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this Act. A copy of a testamentary instrument or other document |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the instrument or document was filed, and the |
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former law is continued in effect for that purpose. |
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(b) Section 1101.001, Estates Code, as amended by this Act, |
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applies only to an application for the appointment of a guardian |
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filed on or after the effective date of this Act. An application |
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for the appointment of a guardian filed before the effective date of |
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this Act is governed by the law in effect on the date the |
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application was filed, and the former law is continued in effect for |
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the purpose. |
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(c) Sections 1054.201 and 1101.153, Estates Code, as |
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amended by this Act, apply only to a guardianship proceeding |
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commenced on or after the effective date of this Act. A |
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guardianship proceeding commenced before the effective date of this |
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Act is governed by the law applicable to the proceeding immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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(d) Section 1253.001, Estates Code, as amended by this Act, |
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applies to a guardianship created before, on, or after the |
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effective date of this Act. |
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SECTION 23. This Act takes effect September 1, 2019. |