By: Thompson of Harris H.B. No. 2915
A BILL TO BE ENTITLED
AN ACT
relating to relating to notice and costs in guardianship
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1053.052 of the Texas Estates Code is
amended to add the following subsection (d):
Sec. 1053.052. SECURITY FOR CERTAIN COSTS. (a) The clerk
may require a person who files an application, complaint, or
opposition relating to a guardianship matter, other than a
guardian, attorney ad litem, or guardian ad litem, to provide
security for the probable costs of the guardianship proceeding
before filing the application, complaint, or opposition.
(b) At any time before the trial of an application,
complaint, or opposition described by Subsection (a), an officer of
the court or a person interested in the guardianship or in the
welfare of the ward may, by written motion, obtain from the court an
order requiring the person who filed the application, complaint, or
opposition to provide security for the probable costs of the
proceeding. The rules governing civil suits in the county court
with respect to providing security for the probable costs of a
proceeding control in cases described by Subsection (a) and this
subsection.
(c) A guardian, attorney ad litem, or guardian ad litem
appointed under this title by a court of this state may not be
required to provide security for costs in an action brought by the
guardian, attorney ad litem, or guardian ad litem in the
guardian's, attorney ad litem's, or guardian ad litem's fiduciary
capacity.
(d) Security for costs may be required of a person pursuant
to this Section, other than a person excluded by Subsection (c),
regardless whether costs can be assessed against such person
following a determination of the application on the merits.
SECTION 2. Section 1155.051 of the Texas Estates Code is
amended to read as follows:
Sec. 1155.051. COMPENSATION FOR PROFESSIONAL SERVICES IN
GENERAL. (a) The court shall order the payment of a fee set by the
court as compensation to any attorneys, mental health
professionals, and interpreters appointed under this title to be
taxed as costs in the case.
(b) If after examining a 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 title, as applicable, the county is
responsible for the cost of those services; provided, however, that
the court may tax these costs against a trust benefiting the
proposed ward.
(c) Costs to create a guardianship are chargeable against an
Applicant unless the Applicant files an affidavit of indigency or
is a government or nonprofit agency providing guardianship
services. Nothing herein prevents an Applicant from being
reimbursed from the guardianship estate, if one exists, or from any
trust in which the ward has a beneficial interest.
SECTION 3. Section 1155.151 of the Texas Estates Code is
amended to read as follows:
Sec. 1155.151. COST OF PROCEEDING IN GUARDIANSHIP MATTER.
(a) Except as provided by Subsection (b), the cost of the proceeding
in a guardianship matter, including the cost of the guardian ad
litem or court visitor, shall be paid out of (i) the guardianship
estate [,] or a trust benefiting the ward then existing or
thereafter created or (ii) [the cost of the proceeding shall be paid
out of] the county treasury if the estate is insufficient to pay the
cost, and the court shall issue the judgment accordingly.
(b) An applicant for the appointment of a guardian under
this title shall pay the cost of the proceeding if the court denies
the application based on the recommendation of a court
investigator.
(c) For purposes of this Section 1155.151, the costs of the
proceeding do not include any fees assessed by the county clerk upon
the filing of an application for the creation of a guardianship.
After the creation of a guardianship, an applicant paying such fees
can seek reimbursement from a ward's estate or a trust created to
benefit the ward.
SECTION 4. The change in law made by this Act to the Estates
Code applies only to a proceeding brought on or after the effective
date of this Act. An action brought before the effective date of
this Act is governed by the law in effect immediately before that
date, and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect January 1, 2014.