By: Taylor of Galveston, Perry S.B. No. 1559
(In the Senate - Filed March 8, 2017; March 21, 2017, read
first time and referred to Committee on State Affairs; May 1, 2017,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 9, Nays 0; May 1, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1559 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to a fee exemption for guardianship proceedings of certain
military servicemembers and certain law enforcement officers,
firefighters, and other first responders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 1053, Estates Code, is
amended by adding Sections 1053.053 and 1053.054 to read as
follows:
Sec. 1053.053. EXEMPTION FROM GUARDIANSHIP PROCEEDING FEES
FOR CERTAIN MILITARY SERVICEMEMBERS. (a) In this section, "combat
zone" means an area that the president of the United States by
executive order designates for purposes of 26 U.S.C. Section 112 as
an area in which armed forces of the United States are or have
engaged in combat.
(b) Notwithstanding any other law, the clerk of a county
court may not charge, or collect from, the estate of a proposed ward
or ward any of the following fees if the court finds that the
proposed ward or ward became incapacitated as a result of a personal
injury sustained while in active service as a member of the armed
forces of the United States in a combat zone:
(1) a fee for the filing of a guardianship proceeding;
and
(2) a fee for any service rendered by the court
regarding the administration of the guardianship.
(c) The clerk of a county court is not required to refund a
fee exempt under this section that is paid before September 1, 2017.
This subsection expires September 1, 2019.
Sec. 1053.054. EXEMPTION FROM GUARDIANSHIP FEES FOR CERTAIN
LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS. (a) In this
section:
(1) "Eligible proposed ward" or "eligible ward" means
an individual listed in Section 615.003, Government Code.
(2) "Line of duty" and "personal injury" have the
meanings assigned by Section 615.021(e), Government Code.
(b) Notwithstanding any other law, the clerk of a court may
not charge, or collect from, the estate of an eligible proposed ward
or eligible ward any of the following fees if the court finds the
proposed ward or ward became incapacitated as a result of a personal
injury sustained in the line of duty in the individual's position as
described by Section 615.003, Government Code:
(1) a fee for the filing of a guardianship proceeding;
and
(2) a fee for any service rendered by the court
regarding the administration of the guardianship.
(c) The clerk of a county court is not required to refund a
fee exempt under this section that is paid before September 1, 2017.
This subsection expires September 1, 2019.
SECTION 2. The changes in law made by this Act apply to a
guardianship proceeding that is pending or commenced on or after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.
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