Texas 2009 - 81st Regular

Texas House Bill HB3080 Compare Versions

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1	1	H.B. No. 3080
2	2
3	3
4	4	AN ACT
5	5	relating to guardianships and other matters relating to
6	6	incapacitated persons.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 665, Texas Probate Code, is amended by
9	9	amending Subsections (a), (b), (c), and (d) and adding Subsections
10	10	(a-1) and (d-1) to read as follows:
11	11	(a) The court may authorize compensation for a guardian or a
12	12	temporary guardian serving as a guardian of the person alone from
13	13	available funds of the ward's estate or other funds available for
14	14	that purpose. The court may [shall] set the compensation in an
15	15	amount not exceeding five percent of the ward's gross income.
16	16	(a-1) In determining whether to authorize compensation for
17	17	a guardian under this section, the court shall consider the ward's
18	18	monthly income from all sources and whether the ward receives
19	19	medical assistance under the state Medicaid program.
20	20	(b) The guardian or temporary guardian of an estate is
21	21	entitled to reasonable compensation on application to the court at
22	22	the time the court approves any annual accounting or final
23	23	accounting filed by the guardian or temporary guardian under this
24	24	chapter. A fee of five percent of the gross income of the ward's
25	25	estate and five percent of all money paid out of the estate, subject
26	26	to the award of an additional amount under Subsection (c) of this
27	27	section following a review under Subsection (c)(1) of this section,
28	28	is considered reasonable under this subsection if the court finds
29	29	that the guardian or temporary guardian has taken care of and
30	30	managed the estate in compliance with the standards of this
31	31	chapter.
32	32	(c) On application of an interested person or on its own
33	33	motion, the court may:
34	34	(1) review and modify the amount of compensation
35	35	authorized under Subsection (a) or [Subsection] (b) of this section
36	36	if the court finds that the amount is unreasonably low when
37	37	considering the services rendered as guardian or temporary
38	38	guardian; and
39	39	(2) authorize compensation for the guardian or
40	40	temporary guardian in an estimated amount the court finds
41	41	reasonable that is to be paid on a quarterly basis before the
42	42	guardian or temporary guardian files an annual or final accounting
43	43	if the court finds that delaying the payment of compensation until
44	44	the guardian or temporary guardian files an accounting would create
45	45	a hardship for the guardian or temporary guardian.
46	46	(d) A finding of unreasonably low compensation may not be
47	47	established under Subsection (c) of this section solely because the
48	48	amount of compensation is less than the usual and customary charges
49	49	of the person or entity serving as guardian or temporary guardian.
50	50	A court that authorizes payment of estimated quarterly compensation
51	51	under Subsection (c) of this section may later reduce or eliminate
52	52	the guardian's or temporary guardian's compensation if, on review
53	53	of an annual or final accounting or otherwise, the court finds that
54	54	the guardian or temporary guardian:
55	55	(1) received compensation in excess of the amount
56	56	permitted under this section;
57	57	(2) has not adequately performed the duties required
58	58	of a guardian or temporary guardian under this chapter; or
59	59	(3) has been removed for cause.
60	60	(d-1) If a court reduces or eliminates a guardian's or
61	61	temporary guardian's compensation as provided by Subsection (d) of
62	62	this section, the guardian or temporary guardian and the surety on
63	63	the guardian's or temporary guardian's bond are liable to the
64	64	guardianship estate for any excess compensation received.
65	65	SECTION 2. The heading to Section 665B, Texas Probate Code,
66	66	is amended to read as follows:
67	67	Sec. 665B. COMPENSATION OF ATTORNEY REPRESENTING APPLICANT
68	68	[CERTAIN ATTORNEYS].
69	69	SECTION 3. Section 665B(a), Texas Probate Code, is amended
70	70	to read as follows:
71	71	(a) A court that creates a guardianship or creates a
72	72	management trust under Section 867 of this code for a ward under
73	73	this chapter, on request of a person who filed an application to be
74	74	appointed guardian of the proposed ward, an application [or] for
75	75	the appointment of another suitable person as guardian of the
76	76	proposed ward, or an application for the creation of the management
77	77	trust, may authorize compensation of an attorney who represents the
78	78	person who filed the application at the application hearing,
79	79	regardless of whether the person is appointed the ward's guardian
80	80	or whether a management trust is created, from:
81	81	(1) available funds of the ward's estate or management
82	82	trust, if created; or
83	83	(2) the county treasury if:
84	84	(A) the ward's estate or, if created, management
85	85	trust, is insufficient to pay for the services provided by the
86	86	attorney; and
87	87	(B) funds in the county treasury are budgeted for
88	88	that purpose.
89	89	SECTION 4. Subpart H, Part 2, Chapter XIII, Texas Probate
90	90	Code, is amended by adding Section 665D to read as follows:
91	91	Sec. 665D. COMPENSATION AND PAYMENT OF ATTORNEY'S FEES OF
92	92	ATTORNEY SERVING AS GUARDIAN. (a) Notwithstanding any other
93	93	provision of this subpart, an attorney who serves as guardian and
94	94	who also provides legal services in connection with the
95	95	guardianship is not entitled to compensation for the guardianship
96	96	services or payment of attorney's fees for the legal services from
97	97	the ward's estate or other funds available for that purpose unless
98	98	the attorney files with the court a detailed description of the
99	99	services performed that identifies which of the services provided
100	100	were guardianship services and which were legal services.
101	101	(b) An attorney described by Subsection (a) of this section
102	102	is not entitled to payment of attorney's fees for guardianship
103	103	services that are not legal services.
104	104	(c) The court shall set the compensation of an attorney
105	105	described by Subsection (a) of this section for the performance of
106	106	guardianship services in accordance with Section 665 of this code.
107	107	The court shall set attorney's fees for an attorney described by
108	108	Subsection (a) of this section for legal services provided in
109	109	accordance with Sections 665A, 665B, and 666 of this code.
110	110	SECTION 5. Section 677A, Texas Probate Code, is amended by
111	111	amending Subsection (g) and adding Subsections (i) and (j) to read
112	112	as follows:
113	113	(g) A declaration and affidavit may be in any form adequate
114	114	to clearly indicate the declarant's intention to designate a
115	115	guardian for the declarant's child. The following form may, but
116	116	need not, be used:
117	117	DECLARATION OF APPOINTMENT OF GUARDIAN FOR MY CHILDREN IN THE EVENT
118	118	OF MY DEATH OR INCAPACITY
119	119	I, __________, make this Declaration to appoint as guardian
120	120	for my child or children, listed as follows, in the event of my
121	121	death or incapacity:
122	122	____________________________________________________________
123	123	____________________________________________________________
124	124	____________________________________________________________
125	125	(add blanks as appropriate)
126	126	I designate __________ to serve as guardian of the person of
127	127	my (child or children), __________ as first alternate guardian of
128	128	the person of my (child or children), __________ as second
129	129	alternate guardian of the person of my (child or children), and
130	130	__________ as third alternate guardian of the person of my (child or
131	131	children).
132	132	I direct that the guardian of the person of my (child or
133	133	children) serve (with or without) bond.
134	134	(If applicable) I designate __________ to serve as guardian
135	135	of the estate of my (child or children), __________ as first
136	136	alternate guardian of the estate of my (child or children),
137	137	__________ as second alternate guardian of the estate of my (child
138	138	or children), and __________ as third alternate guardian of the
139	139	estate of my (child or children).
140	140	If any guardian or alternate guardian dies, does not qualify,
141	141	or resigns, the next named alternate guardian becomes guardian of
142	142	my (child or children).
143	143	Signed this __________ day of __________, 20__.
144	144	______________________________
145	145	Declarant
146	146	____________________________________________________________
147	147	Witness Witness
148	148	SELF-PROVING AFFIDAVIT
149	149	Before me, the undersigned authority, on this date personally
150	150	appeared __________, the declarant, and __________ and __________
151	151	as witnesses, and all being duly sworn, the declarant said that the
152	152	above instrument was his or her Declaration of Appointment of
153	153	Guardian for the Declarant's Children in the Event of Declarant's
154	154	Death or Incapacity and that the declarant had made and executed it
155	155	for the purposes expressed in the declaration. The witnesses
156	156	declared to me that they are each 14 years of age or older, that they
157	157	saw the declarant sign the declaration, that they signed the
158	158	declaration as witnesses, and that the declarant appeared to them
159	159	to be of sound mind.
160	160	______________________________
161	161	Declarant
162	162	____________________________________________________________
163	163	Affiant Affiant
164	164	Subscribed and sworn to before me by __________, the above
165	165	named declarant, and ___________________ (names of affiants)
166	166	affiants, on this ___ day of __________, 20__.
167	167	___________________________
168	168	Notary Public in and for the
169	169	State of Texas
170	170	My Commission expires:
171	171	___________________________
172	172	(i) As an alternative to the self-proving affidavit
173	173	authorized by Subsection (g) of this section, a declaration of
174	174	appointment of a guardian for the declarant's children in the event
175	175	of the declarant's death or incapacity may be simultaneously
176	176	executed, attested, and made self-proved by including the following
177	177	in substantially the same form and with substantially the same
178	178	contents:
179	179	I, _________________________, as declarant, after being duly
180	180	sworn, declare to the undersigned witnesses and to the undersigned
181	181	authority that this instrument is my Declaration of Appointment of
182	182	Guardian for My Children in the Event of My Death or Incapacity, and
183	183	that I have made and executed it for the purposes expressed in the
184	184	declaration. I now sign this declaration in the presence of the
185	185	attesting witnesses and the undersigned authority on this ____ day
186	186	of ________, 20__.
187	187	_____________________________
188	188	Declarant
189	189	The undersigned, _____________________ and
190	190	___________________, each being 14 years of age or older, after
191	191	being duly sworn, declare to the declarant and to the undersigned
192	192	authority that the declarant declared to us that this instrument is
193	193	the declarant's Declaration of Appointment of Guardian for the
194	194	Declarant's Children in the Event of Declarant's Death or
195	195	Incapacity and that the declarant executed it for the purposes
196	196	expressed in the declaration. The declarant then signed this
197	197	declaration and we believe the declarant to be of sound mind. We now
198	198	sign our names as attesting witnesses on this _____ day of
199	199	___________, 20___.
200	200	_____________________________
201	201	Witness
202	202	_____________________________
203	203	Witness
204	204	Subscribed and sworn to before me by the above named
205	205	declarant, and affiants, this ____ day of __________________, 20__.
206	206	___________________________________________
207	207	Notary Public in and for the State of Texas
208	208	My Commission Expires:________________
209	209	(j) A declaration that is executed as provided by Subsection
210	210	(i) of this section is considered self-proved to the same extent a
211	211	declaration executed with a self-proving affidavit under
212	212	Subsection (g) of this section is considered self-proved.
213	213	SECTION 6. Section 679, Texas Probate Code, is amended by
214	214	amending Subsection (i) and adding Subsections (k) and (l) to read
215	215	as follows:
216	216	(i) A declaration and affidavit may be in any form adequate
217	217	to clearly indicate the declarant's intention to designate a
218	218	guardian. The following form may, but need not, be used:
219	219	DECLARATION OF GUARDIAN IN THE EVENT OF LATER INCAPACITY OR NEED OF
220	220	GUARDIAN
221	221	I, __________, make this Declaration of Guardian, to operate
222	222	if the need for a guardian for me later arises.
223	223	1. I designate __________ to serve as guardian of my person,
224	224	__________ as first alternate guardian of my person, __________ as
225	225	second alternate guardian of my person, and __________ as third
226	226	alternate guardian of my person.
227	227	2. I designate __________ to serve as guardian of my estate,
228	228	__________ as first alternate guardian of my estate, __________ as
229	229	second alternate guardian of my estate, and __________ as third
230	230	alternate guardian of my estate.
231	231	3. If any guardian or alternate guardian dies, does not
232	232	qualify, or resigns, the next named alternate guardian becomes my
233	233	guardian.
234	234	4. I expressly disqualify the following persons from serving
235	235	as guardian of my person: __________, __________, and __________.
236	236	5. I expressly disqualify the following persons from serving
237	237	as guardian of my estate: __________, __________, and __________.
238	238	Signed this ___ day of __________, 20__.
239	239	______________________________
240	240	Declarant
241	241	____________________________________________________________
242	242	Witness Witness
243	243	SELF-PROVING AFFIDAVIT
244	244	Before me, the undersigned authority, on this date personally
245	245	appeared __________, the declarant, and ____________ and
246	246	____________ as witnesses, and all being duly sworn, the declarant
247	247	said that the above instrument was his or her Declaration of
248	248	Guardian and that the declarant had made and executed it for the
249	249	purposes expressed in the declaration. The witnesses declared to
250	250	me that they are each 14 years of age or older, that they saw the
251	251	declarant sign the declaration, that they signed the declaration as
252	252	witnesses, and that the declarant appeared to them to be of sound
253	253	mind.
254	254	______________________________
255	255	Declarant
256	256	____________________________________________________________
257	257	Affiant Affiant
258	258	Subscribed and sworn to before me by the above named
259	259	declarant and affiants on this ____ day of __________, 20__.
260	260	___________________________
261	261	Notary Public in and for the
262	262	State of Texas
263	263	My Commission expires:
264	264	___________________________
265	265	(k) As an alternative to the self-proving affidavit
266	266	authorized by Subsection (i) of this section, a Declaration of
267	267	Guardian in the Event of Later Incapacity or Need of Guardian may be
268	268	simultaneously executed, attested, and made self-proved by
269	269	including the following in substantially the same form and with
270	270	substantially the same contents:
271	271	I, _________________________, as declarant, after being duly
272	272	sworn, declare to the undersigned witnesses and to the undersigned
273	273	authority that this instrument is my Declaration of Guardian in the
274	274	Event of Later Incapacity or Need of Guardian, and that I have made
275	275	and executed it for the purposes expressed in the declaration. I now
276	276	sign this declaration in the presence of the attesting witnesses
277	277	and the undersigned authority on this ____ day of ________, 20__.
278	278	_____________________________
279	279	Declarant
280	280	The undersigned, _____________________ and
281	281	___________________, each being 14 years of age or older, after
282	282	being duly sworn, declare to the declarant and to the undersigned
283	283	authority that the declarant declared to us that this instrument is
284	284	the declarant's Declaration of Guardian in the Event of Later
285	285	Incapacity or Need of Guardian and that the declarant executed it
286	286	for the purposes expressed in the declaration. The declarant then
287	287	signed this declaration and we believe the declarant to be of sound
288	288	mind. We now sign our names as attesting witnesses on this _____ day
289	289	of ___________, 20___.
290	290	_____________________________
291	291	Witness
292	292	_____________________________
293	293	Witness
294	294	Subscribed and sworn to before me by the above named
295	295	declarant, and affiants, this ____ day of __________________, 20__.
296	296	___________________________________________
297	297	Notary Public in and for the State of Texas
298	298	My Commission Expires:___________________
299	299	(l) A declaration that is executed as provided by Subsection
300	300	(k) of this section is considered self-proved to the same extent a
301	301	declaration executed with a self-proving affidavit under
302	302	Subsection (i) of this section is considered self-proved.
303	303	SECTION 7. Section 767(b), Texas Probate Code, is amended
304	304	to read as follows:
305	305	(b) Notwithstanding Subsection (a)(4) of this section, a
306	306	guardian of the person of a ward has the power to personally
307	307	transport the ward or to direct the ward's transport by emergency
308	308	medical services or other means to an inpatient mental health
309	309	facility for a preliminary examination in accordance with
310	310	Subchapters A and C, Chapter 573, Health and Safety Code.
311	311	SECTION 8. Sections 867(b-3), (c), (d), and (e), Texas
312	312	Probate Code, are amended to read as follows:
313	313	(b-3) The court shall conduct a hearing to determine
314	314	incapacity under Subsection (b-1) of this section using the same
315	315	procedures and evidentiary standards as required in a hearing for
316	316	the appointment of a guardian for a proposed ward. The court shall
317	317	appoint an attorney ad litem and, if necessary, may appoint a
318	318	guardian ad litem, to represent the interests of the alleged
319	319	incapacitated person in the proceeding.
320	320	(c) Subject to Subsection (d) of this section, [If the value
321	321	of the trust's principal is $50,000 or less, the court may appoint a
322	322	person other than a financial institution to serve as trustee of the
323	323	trust only] if the court finds that it is [the appointment to be] in
324	324	the ward's or incapacitated person's best interests, the court may
325	325	appoint a person or entity that meets the requirements of
326	326	Subsection (e) of this section to serve as trustee of the trust
327	327	instead of appointing a financial institution to serve in that
328	328	capacity.
329	329	(d) If the value of the trust's principal is more than
330	330	$150,000 [$50,000], the court may appoint a person or entity other
331	331	than a financial institution in accordance with Subsection (c) of
332	332	this section to serve as trustee of the trust only if the court, in
333	333	addition to the finding required by that subsection, finds that the
334	334	applicant for the creation of the trust, after the exercise of due
335	335	diligence, has been unable to find a[:
336	336	[(1) no] financial institution in the geographic area
337	337	[is] willing to serve as trustee[; and
338	338	[(2) the appointment is in the ward's or incapacitated
339	339	person's best interests].
340	340	(e) The following are eligible for appointment as trustee
341	341	under Subsection (c) or (d) of this section:
342	342	(1) an individual, including an individual who is
343	343	certified as a private professional guardian;
344	344	(2) a nonprofit corporation qualified to serve as a
345	345	guardian; and
346	346	(3) a guardianship program [Before making a finding
347	347	that there is no financial institution willing to serve as trustee
348	348	under Subsection (d)(1) of this section, the court must check any
349	349	list of corporate fiduciaries located in this state that is
350	350	maintained at the office of the presiding judge of the statutory
351	351	probate courts or at the principal office of the Texas Bankers
352	352	Association].
353	353	SECTION 9. Section 868(a), Texas Probate Code, is amended
354	354	to read as follows:
355	355	(a) Except as provided by Subsection (d) of this section, a
356	356	trust created under Section 867 of this code must provide that:
357	357	(1) the ward or incapacitated person is the sole
358	358	beneficiary of the trust;
359	359	(2) the trustee may disburse an amount of the trust's
360	360	principal or income as the trustee determines is necessary to
361	361	expend for the health, education, support, or maintenance of the
362	362	ward or incapacitated person;
363	363	(3) the income of the trust that the trustee does not
364	364	disburse under Subdivision (2) of this subsection must be added to
365	365	the principal of the trust;
366	366	(4) if the trustee is a corporate fiduciary, the
367	367	trustee serves without giving a bond; and
368	368	(5) the trustee, [on annual application to the court
369	369	and] subject to the court's approval, is entitled to receive
370	370	reasonable compensation for services that the trustee provided to
371	371	the ward or incapacitated person as the ward's or incapacitated
372	372	person's trustee that is:
373	373	(A) to be paid from the trust's income,
374	374	principal, or both; and
375	375	(B) determined, paid, reduced, and eliminated in
376	376	the same manner as compensation of a guardian of an estate under
377	377	Section 665 of this code.
378	378	SECTION 10. Subpart N, Part 4, Chapter XIII, Texas Probate
379	379	Code, is amended by adding Section 868C to read as follows:
380	380	Sec. 868C. TRANSFER OF MANAGEMENT TRUST PROPERTY TO POOLED
381	381	TRUST. (a) If the court determines that it is in the ward's or
382	382	incapacitated person's best interests, the court may order the
383	383	transfer of all property in a management trust created under
384	384	Section 867 of this code to a subaccount of a pooled trust
385	385	established in accordance with Subpart I, Part 5, of this chapter.
386	386	The transfer of property from the management trust to the
387	387	subaccount of the pooled trust shall be treated as a continuation of
388	388	the management trust and may not be treated as the establishment of
389	389	a new trust for purposes of 42 U.S.C. Section 1396p(d)(4)(A) or (C)
390	390	or otherwise for purposes of the ward's or incapacitated person's
391	391	eligibility for medical assistance under Chapter 32, Human
392	392	Resources Code.
393	393	(b) The court may not allow termination of the management
394	394	trust created under Section 867 of this code from which property is
395	395	transferred under this section until all of the property in the
396	396	management trust has been transferred to the subaccount of the
397	397	pooled trust.
398	398	SECTION 11. Section 870(b), Texas Probate Code, is amended
399	399	to read as follows:
400	400	(b) If the ward or incapacitated person is not a minor, the
401	401	trust terminates on the date the court determines that continuing
402	402	the trust is no longer in the ward's or incapacitated person's best
403	403	interests, subject to Section 868C(b) of this code, or on the death
404	404	of the ward or incapacitated person.
405	405	SECTION 12. Section 875(k), Texas Probate Code, is amended
406	406	to read as follows:
407	407	(k) If an application for a temporary guardianship, for the
408	408	conversion of a temporary guardianship to a permanent guardianship,
409	409	or for a permanent guardianship is challenged or contested, the
410	410	court, on the court's own motion or on the motion of any interested
411	411	party, may appoint a [new] temporary guardian or grant a temporary
412	412	restraining order under Rule 680, Texas Rules of Civil Procedure,
413	413	or both, without issuing additional citation if the court finds
414	414	that the appointment or the issuance of the order is necessary to
415	415	protect the proposed ward or the proposed ward's estate.
416	416	SECTION 13. Part 5, Chapter XIII, Texas Probate Code, is
417	417	amended by adding Subpart I to read as follows:
418	418	SUBPART I. ESTABLISHMENT OF POOLED TRUST SUBACCOUNTS; TRANSFERS
419	419	Sec. 910. DEFINITIONS. In this subpart:
420	420	(1) "Beneficiary" means a minor, a disabled person, or
421	421	any other incapacitated person for whom a subaccount is
422	422	established.
423	423	(2) "Medical assistance" means benefits and services
424	424	under the medical assistance program administered under Chapter 32,
425	425	Human Resources Code.
426	426	(3) "Pooled trust" means a trust that meets the
427	427	requirements of 42 U.S.C. Section 1396p(d)(4)(C) for purposes of
428	428	exempting the trust from the applicability of 42 U.S.C. Section
429	429	1396p(d) in determining the eligibility of a person who is disabled
430	430	for medical assistance.
431	431	(4) "Subaccount" means an account in a pooled trust
432	432	established solely for the benefit of a beneficiary.
433	433	Sec. 911. APPLICATION. A person interested in the welfare
434	434	of a minor, a disabled person, or any other incapacitated person may
435	435	apply to the court for the establishment of a subaccount for the
436	436	benefit of the minor, disabled person, or other incapacitated
437	437	person as the beneficiary.
438	438	Sec. 912. APPOINTMENT OF ATTORNEY AD LITEM. The court shall
439	439	appoint an attorney ad litem for a person who is a minor or has a
440	440	mental disability and who is the subject of an application under
441	441	Section 911 of this code. The attorney ad litem is entitled to a
442	442	reasonable fee and reimbursement of expenses to be paid from the
443	443	person's property.
444	444	Sec. 913. TRANSFER. If the court finds that it is in the
445	445	best interests of a person who is the subject of an application
446	446	under Section 911 of this code, the court may order:
447	447	(1) the establishment of a subaccount of which the
448	448	person is the beneficiary; and
449	449	(2) the transfer to the subaccount of any of the
450	450	person's property on hand or accruing to the person.
451	451	Sec. 914. TERMS OF SUBACCOUNT. Unless the court orders
452	452	otherwise, the terms governing the subaccount must provide that:
453	453	(1) the subaccount terminates on the earliest of the
454	454	date of:
455	455	(A) the beneficiary's 18th birthday, if the
456	456	beneficiary is not disabled on that date and was a minor at the time
457	457	the subaccount was established;
458	458	(B) the beneficiary's death; or
459	459	(C) an order of the court terminating the
460	460	subaccount; and
461	461	(2) on termination, any property remaining in the
462	462	beneficiary's subaccount after making any required payments to
463	463	satisfy the amounts of medical assistance reimbursement claims for
464	464	medical assistance provided to the beneficiary under this state's
465	465	medical assistance program and other states' medical assistance
466	466	programs shall be distributed to:
467	467	(A) the beneficiary, if on the date of
468	468	termination the beneficiary is living and is not incapacitated;
469	469	(B) the beneficiary's guardian, if on the date of
470	470	termination the beneficiary is living and is incapacitated; or
471	471	(C) the personal representative of the
472	472	beneficiary's estate, if the beneficiary is deceased on the date of
473	473	termination.
474	474	Sec. 915. JURISDICTION EXCLUSIVE. Notwithstanding any
475	475	other law, the court that orders the establishment of a subaccount
476	476	for a beneficiary has exclusive jurisdiction of a subsequent
477	477	proceeding or action that relates to both the beneficiary and the
478	478	subaccount, and the proceeding or action may only be brought in that
479	479	court.
480	480	Sec. 916. FEES AND ACCOUNTING. (a) The manager or trustee
481	481	of a pooled trust may:
482	482	(1) assess fees against a subaccount of that pooled
483	483	trust established under this subpart in accordance with the
484	484	manager's or trustee's standard fee structure; and
485	485	(2) pay those fees from the subaccount.
486	486	(b) If required by the court, the manager or trustee of the
487	487	pooled trust shall file a copy of the annual report of account with
488	488	the court clerk.
489	489	SECTION 14. (a) Except as otherwise provided by this
490	490	section, the changes in law made by this Act apply to:
491	491	(1) a guardianship created before, on, or after the
492	492	effective date of this Act; and
493	493	(2) an application for a guardianship pending on, or
494	494	filed on or after, the effective date of this Act.
495	495	(b) Sections 665, 665B, and 868, Texas Probate Code, as
496	496	amended by this Act, and Section 665D, Texas Probate Code, as added
497	497	by this Act, apply to the payment, reduction, or elimination of
498	498	compensation for services performed on or after the effective date
499	499	of this Act. Payment, reduction, or elimination of compensation for
500	500	services performed before the effective date of this Act is
501	501	governed by the law in effect on the date the services were
502	502	performed, and the former law is continued in effect for that
503	503	purpose.
504	504	(c) Sections 867 and 870, Texas Probate Code, as amended by
505	505	this Act, and Section 868C, Texas Probate Code, as added by this
506	506	Act, apply to an application for the creation, modification, or
507	507	termination of a management trust under Subpart N, Part 4, Chapter
508	508	XIII, Texas Probate Code, that is filed on or after the effective
509	509	date of this Act. An application for the creation, modification, or
510	510	termination of a management trust filed before the effective date
511	511	of this Act is governed by the law in effect on the date the
512	512	application was filed, and the former law is continued in effect for
513	513	that purpose.
514	514	(d) Subpart I, Part 5, Chapter XIII, Texas Probate Code, as
515	515	added by this Act, applies to an application for the establishment
516	516	of a subaccount of a pooled trust that is filed on or after the
517	517	effective date of this Act.
518	518	SECTION 15. This Act takes effect September 1, 2009.
519	519	______________________________ ______________________________
520	520	President of the Senate Speaker of the House
521	521	I certify that H.B. No. 3080 was passed by the House on April
522	522	28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
523	523	voting.
524	524	______________________________
525	525	Chief Clerk of the House
526	526	I certify that H.B. No. 3080 was passed by the Senate on May
527	527	27, 2009, by the following vote: Yeas 31, Nays 0.
528	528	______________________________
529	529	Secretary of the Senate
530	530	APPROVED: _____________________
531	531	Date
532	532	_____________________
533	533	Governor