LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
 
April 5, 2021

TO:
Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
SB615 by Zaffirini (Relating to probate and guardianship matters and proceedings and other matters involving probate courts.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Civil Practice and Remedies Code to allow for the electronic transfer of the file and index of probate and guardianship proceedings from one clerk to another when the case is transferred from the county where it was originally filed to another county. The bill would require that surety bonds or insurance issued to a judge of a county court, statutory county court, or statutory probate court are to provide the same coverage to visiting judges and associate judges assigned or appointed to the courts.

The bill would require attorneys representing any party's interests in a guardianship proceeding to complete the course of instruction on guardianship offered by the State Bar of Texas. Current law requires only attorneys who represent parties in guardianship proceedings to complete the course. The Bar would be required to make the course affordable and available on the Internet. The bill would authorize courts to waive the training required for proposed guardians only to the extent allowed by rules of the Supreme Court of Texas.

The bill would allow authenticated wills and other testamentary instruments completely or partially written in a foreign language to be recorded in a county's deed records along with the order admitting them to probate and a sworn translation of the document to English. 

The bill would repeal a statute allowing for recording a deed without signature.

Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
212 Office of Court Admin
LBB Staff:
JMc, SLE, BH