81R3158 KLA-D
By: Naishtat H.B. No. 587
A BILL TO BE ENTITLED
AN ACT
relating to the payment of attorney's fees to an attorney
representing an applicant for the appointment of a guardian.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 665B, Texas Probate Code, is amended to
read as follows:
Sec. 665B. PAYMENT OF ATTORNEY'S FEES TO [COMPENSATION OF]
CERTAIN ATTORNEYS. (a) A court that creates a guardianship for a
ward under this chapter, on request of a person who filed an
application to be appointed guardian of the proposed ward or for the
appointment of another suitable person as guardian of the proposed
ward, may authorize the payment of reasonable and necessary
attorney's fees, as determined by the court, to [compensation of]
an attorney who represents the person who filed the application at
the application hearing, regardless of whether the person is
appointed the ward's guardian, from:
(1) available funds of the ward's estate; or
(2) subject to Subsection (c) of this section, the
county treasury if:
(A) the ward's estate is insufficient to pay for
the services provided by the attorney; and
(B) funds in the county treasury are budgeted for
that purpose.
(b) The court may not authorize attorney's fees
[compensation] under this section unless the court finds that the
applicant acted in good faith and for just cause in the filing and
prosecution of the application.
(c) The court may authorize the payment of attorney's fees
from the county treasury under Subsection (a) of this section only
if the court is satisfied that the attorney to whom the fees will be
paid has not received, and is not seeking, payment for the services
described by that subsection from any other source.
SECTION 2. Section 665B, Texas Probate Code, as amended by
this Act, applies only to the payment of attorney's fees with
respect to an application for the appointment of a guardian that is
filed on or after the effective date of this Act. The payment of
attorney's fees with respect to 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 that purpose.
SECTION 3. This Act takes effect September 1, 2009.