Texas 2011 - 82nd Regular

Texas House Bill HB1325 Compare Versions

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Old	New	Differences
1	1	82R14746 KLA-D
2	2	By: Hartnett H.B. No. 1325
3	3	Substitute the following for H.B. No. 1325:
4	4	By: S. Davis of Harris C.S.H.B. No. 1325
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to payment of the costs for services of a guardian ad
10	10	litem, court visitor, and attorney ad litem in a guardianship
11	11	proceeding.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 665A, Texas Probate Code, is amended to
14	14	read as follows:
15	15	Sec. 665A. PAYMENT FOR PROFESSIONAL SERVICES. (a) The
16	16	court shall order the payment of a fee set by the court as
17	17	compensation to the attorneys, mental health professionals, and
18	18	interpreters appointed under this chapter, as applicable, to be
19	19	taxed as costs in the case. If after examining the proposed ward's
20	20	assets the court determines the proposed ward is unable to pay for
21	21	services provided by an attorney, a mental health professional, or
22	22	an interpreter appointed under this chapter, as applicable, the
23	23	county is responsible for the cost of those services, except as
24	24	provided by Subsection (b) of this section.
25	25	(b) The court may order the applicant in a guardianship
26	26	proceeding to pay the cost of an attorney ad litem appointed under
27	27	this chapter if:
28	28	(1) the proposed ward's assets are insufficient to pay
29	29	that cost; and
30	30	(2) the applicant's gross annual family income exceeds
31	31	200 percent of the federal poverty level.
32	32	SECTION 2. The heading to Section 669, Texas Probate Code,
33	33	is amended to read as follows:
34	34	Sec. 669. COSTS IN [AGAINST] GUARDIANSHIP PROCEEDING
35	35	GENERALLY.
36	36	SECTION 3. Section 669, Texas Probate Code, is amended by
37	37	amending Subsection (a) and adding Subsection (c) to read as
38	38	follows:
39	39	(a) Except as provided by Subsection (b) of this section, in
40	40	a guardianship matter, the cost of the proceeding, including the
41	41	cost of the guardian ad litem or court visitor, shall be paid out of
42	42	the guardianship estate, or, if the estate is insufficient to pay
43	43	for the cost of the proceeding, the cost of the proceeding shall be
44	44	paid out of the county treasury, except as provided by Subsection
45	45	(c) of this section, and the judgment of the court shall be issued
46	46	accordingly.
47	47	(c) The court may order the applicant in a guardianship
48	48	proceeding to pay the cost of the guardian ad litem or court visitor
49	49	appointed in the proceeding if:
50	50	(1) the guardianship estate is insufficient to pay
51	51	that cost; and
52	52	(2) the applicant's gross annual family income exceeds
53	53	200 percent of the federal poverty level.
54	54	SECTION 4. The changes in law made by this Act apply to a
55	55	guardianship created before, on, or after the effective date of
56	56	this Act.
57	57	SECTION 5. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2011.