| 1 | 1 | | 81R3158 KLA-D |
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| 2 | 2 | | By: Naishtat H.B. No. 587 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the payment of attorney's fees to an attorney |
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| 8 | 8 | | representing an applicant for the appointment of a guardian. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 665B, Texas Probate Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 665B. PAYMENT OF ATTORNEY'S FEES TO [COMPENSATION OF] |
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| 13 | 13 | | CERTAIN ATTORNEYS. (a) A court that creates a guardianship for a |
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| 14 | 14 | | ward under this chapter, on request of a person who filed an |
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| 15 | 15 | | application to be appointed guardian of the proposed ward or for the |
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| 16 | 16 | | appointment of another suitable person as guardian of the proposed |
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| 17 | 17 | | ward, may authorize the payment of reasonable and necessary |
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| 18 | 18 | | attorney's fees, as determined by the court, to [compensation of] |
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| 19 | 19 | | an attorney who represents the person who filed the application at |
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| 20 | 20 | | the application hearing, regardless of whether the person is |
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| 21 | 21 | | appointed the ward's guardian, from: |
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| 22 | 22 | | (1) available funds of the ward's estate; or |
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| 23 | 23 | | (2) subject to Subsection (c) of this section, the |
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| 24 | 24 | | county treasury if: |
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| 25 | 25 | | (A) the ward's estate is insufficient to pay for |
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| 26 | 26 | | the services provided by the attorney; and |
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| 27 | 27 | | (B) funds in the county treasury are budgeted for |
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| 28 | 28 | | that purpose. |
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| 29 | 29 | | (b) The court may not authorize attorney's fees |
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| 30 | 30 | | [compensation] under this section unless the court finds that the |
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| 31 | 31 | | applicant acted in good faith and for just cause in the filing and |
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| 32 | 32 | | prosecution of the application. |
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| 33 | 33 | | (c) The court may authorize the payment of attorney's fees |
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| 34 | 34 | | from the county treasury under Subsection (a) of this section only |
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| 35 | 35 | | if the court is satisfied that the attorney to whom the fees will be |
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| 36 | 36 | | paid has not received, and is not seeking, payment for the services |
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| 37 | 37 | | described by that subsection from any other source. |
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| 38 | 38 | | SECTION 2. Section 665B, Texas Probate Code, as amended by |
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| 39 | 39 | | this Act, applies only to the payment of attorney's fees with |
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| 40 | 40 | | respect to an application for the appointment of a guardian that is |
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| 41 | 41 | | filed on or after the effective date of this Act. The payment of |
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| 42 | 42 | | attorney's fees with respect to an application for the appointment |
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| 43 | 43 | | of a guardian filed before the effective date of this Act is |
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| 44 | 44 | | governed by the law in effect on the date the application was filed, |
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| 45 | 45 | | and the former law is continued in effect for that purpose. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2009. |
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