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