Texas 2017 - 85th Regular

Texas Senate Bill SB1559 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1559
	1	+	By: Taylor of Galveston, et al. S.B. No. 1559
	2	+	(Bonnen of Galveston)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to a fee exemption for guardianship proceedings of certain
6	8		military servicemembers and certain law enforcement officers,
7	9		firefighters, and other first responders.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subchapter B, Chapter 1053, Estates Code, is
10	12		amended by adding Sections 1053.053 and 1053.054 to read as
11	13		follows:
12	14		Sec. 1053.053. EXEMPTION FROM GUARDIANSHIP PROCEEDING FEES
13	15		FOR CERTAIN MILITARY SERVICEMEMBERS. (a) In this section, "combat
14	16		zone" means an area that the president of the United States by
15	17		executive order designates for purposes of 26 U.S.C. Section 112 as
16	18		an area in which armed forces of the United States are or have
17	19		engaged in combat.
18	20		(b) Notwithstanding any other law, the clerk of a county
19	21		court may not charge, or collect from, the estate of a proposed ward
20	22		or ward any of the following fees if the court finds that the
21	23		proposed ward or ward became incapacitated as a result of a personal
22	24		injury sustained while in active service as a member of the armed
23	25		forces of the United States in a combat zone:
24	26		(1) a fee for the filing of a guardianship proceeding;
25	27		and
26	28		(2) a fee for any service rendered by the court
27	29		regarding the administration of the guardianship.
28	30		(c) The clerk of a county court is not required to refund a
29	31		fee exempt under this section that is paid before September 1, 2017.
30	32		This subsection expires September 1, 2019.
31	33		Sec. 1053.054. EXEMPTION FROM GUARDIANSHIP FEES FOR CERTAIN
32	34		LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS. (a) In this
33	35		section:
34	36		(1) "Eligible proposed ward" or "eligible ward" means
35	37		an individual listed in Section 615.003, Government Code.
36	38		(2) "Line of duty" and "personal injury" have the
37	39		meanings assigned by Section 615.021(e), Government Code.
38	40		(b) Notwithstanding any other law, the clerk of a court may
39	41		not charge, or collect from, the estate of an eligible proposed ward
40	42		or eligible ward any of the following fees if the court finds the
41	43		proposed ward or ward became incapacitated as a result of a personal
42	44		injury sustained in the line of duty in the individual's position as
43	45		described by Section 615.003, Government Code:
44	46		(1) a fee for the filing of a guardianship proceeding;
45	47		and
46	48		(2) a fee for any service rendered by the court
47	49		regarding the administration of the guardianship.
48	50		(c) The clerk of a county court is not required to refund a
49	51		fee exempt under this section that is paid before September 1, 2017.
50	52		This subsection expires September 1, 2019.
51	53		SECTION 2. The changes in law made by this Act apply to a
52	54		guardianship proceeding that is pending or commenced on or after
53	55		the effective date of this Act.
54	56		SECTION 3. This Act takes effect September 1, 2017.
55		-	______________________________ ______________________________
56		-	President of the Senate Speaker of the House
57		-	I hereby certify that S.B. No. 1559 passed the Senate on
58		-	May 11, 2017, by the following vote: Yeas 31, Nays 0.
59		-	______________________________
60		-	Secretary of the Senate
61		-	I hereby certify that S.B. No. 1559 passed the House on
62		-	May 23, 2017, by the following vote: Yeas 145, Nays 0, one
63		-	present not voting.
64		-	______________________________
65		-	Chief Clerk of the House
66		-	Approved:
67		-	______________________________
68		-	Date
69		-	______________________________
70		-	Governor