82R14746 KLA-D
By: Hartnett H.B. No. 1325
Substitute the following for H.B. No. 1325:
By: S. Davis of Harris C.S.H.B. No. 1325
A BILL TO BE ENTITLED
AN ACT
relating to payment of the costs for services of a guardian ad
litem, court visitor, and attorney ad litem in a guardianship
proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 665A, Texas Probate Code, is amended to
read as follows:
Sec. 665A. PAYMENT FOR PROFESSIONAL SERVICES. (a) The
court shall order the payment of a fee set by the court as
compensation to the attorneys, mental health professionals, and
interpreters appointed under this chapter, as applicable, to be
taxed as costs in the case. If after examining the proposed ward's
assets the court determines the proposed ward is unable to pay for
services provided by an attorney, a mental health professional, or
an interpreter appointed under this chapter, as applicable, the
county is responsible for the cost of those services, except as
provided by Subsection (b) of this section.
(b) The court may order the applicant in a guardianship
proceeding to pay the cost of an attorney ad litem appointed under
this chapter if:
(1) the proposed ward's assets are insufficient to pay
that cost; and
(2) the applicant's gross annual family income exceeds
200 percent of the federal poverty level.
SECTION 2. The heading to Section 669, Texas Probate Code,
is amended to read as follows:
Sec. 669. COSTS IN [AGAINST] GUARDIANSHIP PROCEEDING
GENERALLY.
SECTION 3. Section 669, Texas Probate Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (b) of this section, in
a guardianship matter, the cost of the proceeding, including the
cost of the guardian ad litem or court visitor, shall be paid out of
the guardianship estate, or, if the estate is insufficient to pay
for the cost of the proceeding, the cost of the proceeding shall be
paid out of the county treasury, except as provided by Subsection
(c) of this section, and the judgment of the court shall be issued
accordingly.
(c) The court may order the applicant in a guardianship
proceeding to pay the cost of the guardian ad litem or court visitor
appointed in the proceeding if:
(1) the guardianship estate is insufficient to pay
that cost; and
(2) the applicant's gross annual family income exceeds
200 percent of the federal poverty level.
SECTION 4. The changes in law made by this Act apply to a
guardianship created before, on, or after the effective date of
this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.