| 1 | 1 | | By: Zaffirini S.B. No. 37 |
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| 2 | 2 | | (Gutierrez) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirement to obtain certification for attorneys |
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| 8 | 8 | | representing persons in guardianship proceedings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Chapter 1054, Estates Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND |
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| 13 | 13 | | ATTORNEYS |
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| 14 | 14 | | SECTION 2. The heading to Subchapter E, Chapter 1054, |
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| 15 | 15 | | Estates Code, is amended to read as follows: |
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| 16 | 16 | | SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED] |
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| 17 | 17 | | ATTORNEY |
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| 18 | 18 | | SECTION 3. Section 1054.201(a), Estates Code, is amended to |
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| 19 | 19 | | read as follows: |
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| 20 | 20 | | (a) An attorney representing any person's interests [for an |
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| 21 | 21 | | applicant for guardianship and a court-appointed attorney] in a |
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| 22 | 22 | | guardianship proceeding, including an attorney ad litem, must be |
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| 23 | 23 | | certified by the State Bar of Texas, or a person or other entity |
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| 24 | 24 | | designated by the state bar, as having successfully completed a |
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| 25 | 25 | | course of study in guardianship law and procedure sponsored by the |
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| 26 | 26 | | state bar or the state bar's designee. |
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| 27 | 27 | | SECTION 4. Section 81.114(a), Government Code, is amended |
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| 28 | 28 | | to read as follows: |
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| 29 | 29 | | (a) The state bar shall provide a course of instruction for |
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| 30 | 30 | | attorneys who represent any person's interests [parties] in |
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| 31 | 31 | | guardianship cases or who serve as court-appointed guardians. |
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| 32 | 32 | | SECTION 5. The changes in law made by this Act to Section |
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| 33 | 33 | | 1054.201, Estates Code, apply only to a guardianship proceeding |
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| 34 | 34 | | filed on or after the effective date of this Act. A guardianship |
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| 35 | 35 | | proceeding filed before the effective date of this Act is governed |
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| 36 | 36 | | by the law in effect on the date the proceeding was filed, and the |
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| 37 | 37 | | former law is continued in effect for that purpose. |
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| 38 | 38 | | SECTION 6. This Act takes effect September 1, 2017. |
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