Texas 2019 - 86th Regular

Texas House Bill HB3543 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R25211~~ CLG-F
	1	+	86R3313 CLG-F
2	2		By: Thompson of Harris H.B. No. 3543
3		-	Substitute the following for H.B. No. 3543:
4		-	By: J. Johnson of Dallas C.S.H.B. No. 3543
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to guardianships, management trusts, and certain other
10	8		procedures and proceedings for persons who are incapacitated.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 1021.001, Estates Code, is amended to
13	11		read as follows:
14	12		Sec. 1021.001. MATTERS RELATED TO GUARDIANSHIP PROCEEDING.
15	13		(a) For purposes of this code, in a county in which there is no
16	14		statutory probate court or county court of law exercising original
17	15		probate jurisdiction, a matter related to a guardianship proceeding
18	16		includes:
19	17		(1) the granting of letters of guardianship;
20	18		(2) the settling of an account of a guardian and all
21	19		other matters relating to the settlement, partition, or
22	20		distribution of a ward's estate;
23	21		(3) a claim brought by or against a guardianship
24	22		estate;
25	23		(4) an action for trial of title to real property that
26	24		is guardianship estate property, including the enforcement of a
27	25		lien against the property;
28	26		(5) an action for trial of the right of property that
29	27		is guardianship estate property;
30	28		(6) after a guardianship of the estate of a ward is
31	29		required to be settled as provided by Section 1204.001:
32	30		(A) an action brought by or on behalf of the
33	31		former ward against a former guardian of the ward for alleged
34	32		misconduct arising from the performance of the person's duties as
35	33		guardian;
36	34		(B) an action calling on the surety of a guardian
37	35		or former guardian to perform in place of the guardian or former
38	36		guardian, which may include the award of a judgment against the
39	37		guardian or former guardian in favor of the surety;
40	38		(C) an action against a former guardian of the
41	39		former ward that is brought by a surety that is called on to perform
42	40		in place of the former guardian;
43	41		(D) a claim for the payment of compensation,
44	42		expenses, and court costs, and any other matter authorized under
45	43		Chapter 1155; and
46	44		(E) a matter related to an authorization made or
47	45		duty performed by a guardian under Chapter 1204; and
48	46		(7) the appointment of a trustee for a trust created
49	47		under Section 1301.053 or 1301.054, the settling of an account of
50	48		the trustee, and all other matters relating to the trust.
51	49		(a-1) For purposes of this code, in a county in which there
52	50		is no statutory probate court, but in which there is a county court
53	51		at law exercising original probate jurisdiction, a matter related
54	52		to a guardianship proceeding includes:
55	53		(1) all matters and actions described in Subsection
56	54		(a);
57	55		(2) the interpretation and administration of a
58	56		testamentary trust in which a ward is an income or remainder
59	57		beneficiary; and
60	58		(3) the interpretation and administration of an inter
61	59		vivos trust in which a ward is an income or remainder beneficiary.
62	60		(b) For purposes of this code, in a county in which there is
63	61		a statutory probate court, a matter related to a guardianship
64	62		proceeding includes:
65	63		(1) all matters and actions described in Subsections
66	64		[Subsection] (a) and (a-1);
67	65		(2) a suit, action, or application filed against or on
68	66		behalf of a guardianship or a trustee of a trust created under
69	67		Section 1301.053 or 1301.054; and
70	68		(3) a cause of action in which a guardian in a
71	69		guardianship pending in the statutory probate court is a party.
72	70		SECTION 2. Section 1151.351(b), Estates Code, is amended to
73	71		read as follows:
74	72		(b) Unless limited by a court or otherwise restricted by
75	73		law, a ward is authorized to the following:
76	74		(1) to have a copy of the guardianship order and
77	75		letters of guardianship and contact information for the probate
78	76		court that issued the order and letters;
79	77		(2) to have a guardianship that encourages the
80	78		development or maintenance of maximum self-reliance and
81	79		independence in the ward with the eventual goal, if possible, of
82	80		self-sufficiency;
83	81		(3) to be treated with respect, consideration, and
84	82		recognition of the ward's dignity and individuality;
85	83		(4) to reside and receive support services in the most
86	84		integrated setting, including home-based or other community-based
87	85		settings, as required by Title II of the Americans with
88	86		Disabilities Act (42 U.S.C. Section 12131 et seq.);
89	87		(5) to consideration of the ward's current and
90	88		previously stated personal preferences, desires, medical and
91	89		psychiatric treatment preferences, religious beliefs, living
92	90		arrangements, and other preferences and opinions;
93	91		(6) to financial self-determination for all public
94	92		benefits after essential living expenses and health needs are met
95	93		and to have access to a monthly personal allowance;
96	94		(7) to receive timely and appropriate health care and
97	95		medical treatment that does not violate the ward's rights granted
98	96		by the constitution and laws of this state and the United States;
99	97		(8) to exercise full control of all aspects of life not
100	98		specifically granted by the court to the guardian;
101	99		(9) to control the ward's personal environment based
102	100		on the ward's preferences;
103	101		(10) to complain or raise concerns regarding the
104	102		guardian or guardianship to the court, including living
105	103		arrangements, retaliation by the guardian, conflicts of interest
106	104		between the guardian and service providers, or a violation of any
107	105		rights under this section;
108	106		(11) to receive notice in the ward's native language,
109	107		or preferred mode of communication, and in a manner accessible to
110	108		the ward, of a court proceeding to continue, modify, or terminate
111	109		the guardianship and the opportunity to appear before the court to
112	110		express the ward's preferences and concerns regarding whether the
113	111		guardianship should be continued, modified, or terminated;
114	112		(12) to have a court investigator or[,] guardian ad
115	113		litem[, or attorney ad litem] appointed by the court to investigate
116	114		a complaint received by the court from the ward or any person about
117	115		the guardianship;
118	116		(13) to participate in social, religious, and
119	117		recreational activities, training, employment, education,
120	118		habilitation, and rehabilitation of the ward's choice in the most
121	119		integrated setting;
122	120		(14) to self-determination in the substantial
123	121		maintenance, disposition, and management of real and personal
124	122		property after essential living expenses and health needs are met,
125	123		including the right to receive notice and object about the
126	124		substantial maintenance, disposition, or management of clothing,
127	125		furniture, vehicles, and other personal effects;
128	126		(15) to personal privacy and confidentiality in
129	127		personal matters, subject to state and federal law;
130	128		(16) to unimpeded, private, and uncensored
131	129		communication and visitation with persons of the ward's choice,
132	130		except that if the guardian determines that certain communication
133	131		or visitation causes substantial harm to the ward:
134	132		(A) the guardian may limit, supervise, or
135	133		restrict communication or visitation, but only to the extent
136	134		necessary to protect the ward from substantial harm; and
137	135		(B) the ward may request a hearing to remove any
138	136		restrictions on communication or visitation imposed by the guardian
139	137		under Paragraph (A);
140	138		(17) to petition the court and retain counsel of the
141	139		ward's choice who holds a certificate required by Subchapter E,
142	140		Chapter 1054, to represent the ward's interest for capacity
143	141		restoration, modification of the guardianship, the appointment of a
144	142		different guardian, or for other appropriate relief under this
145	143		subchapter, including a transition to a supported decision-making
146	144		agreement, except as limited by Section 1054.006;
147	145		(18) to vote in a public election, marry, and retain a
148	146		license to operate a motor vehicle, unless restricted by the court;
149	147		(19) to personal visits from the guardian or the
150	148		guardian's designee at least once every three months, but more
151	149		often, if necessary, unless the court orders otherwise;
152	150		(20) to be informed of the name, address, phone
153	151		number, and purpose of Disability Rights Texas, an organization
154	152		whose mission is to protect the rights of, and advocate for, persons
155	153		with disabilities, and to communicate and meet with representatives
156	154		of that organization;
157	155		(21) to be informed of the name, address, phone
158	156		number, and purpose of an independent living center, an area agency
159	157		on aging, an aging and disability resource center, and the local
160	158		mental health and intellectual and developmental disability
161	159		center, and to communicate and meet with representatives from these
162	160		agencies and organizations;
163	161		(22) to be informed of the name, address, phone
164	162		number, and purpose of the Judicial Branch Certification Commission
165	163		and the procedure for filing a complaint against a certified
166	164		guardian;
167	165		(23) to contact the Department of Family and
168	166		Protective Services to report abuse, neglect, exploitation, or
169	167		violation of personal rights without fear of punishment,
170	168		interference, coercion, or retaliation; and
171	169		(24) to have the guardian, on appointment and on
172	170		annual renewal of the guardianship, explain the rights delineated
173	171		in this subsection in the ward's native language, or preferred mode
174	172		of communication, and in a manner accessible to the ward.
175	173		SECTION 3. Sections 1153.001(a) and (c), Estates Code, are
176	174		amended to read as follows:
177	175		(a) Within one month after receiving letters of
178	176		guardianship, a guardian of an estate shall provide notice
179	177		requiring each person who has a claim against the estate to present
180	178		the claim within the period prescribed by law. The notice must be:
181	179		(1) published in a newspaper of general circulation
182	180		[printed] in the county in which the letters were issued; and
183	181		(2) sent to the comptroller by certified or registered
184	182		mail, if the ward remitted or should have remitted taxes
185	183		administered by the comptroller.
186	184		(c) If there is no [a] newspaper of general circulation [is
187	185		not printed] in the county in which the letters of guardianship were
188	186		issued, the notice must be posted and the return made and filed as
189	187		otherwise required by this title.
190	188		SECTION 4. Section 1155.054(d), Estates Code, is amended to
191	189		read as follows:
192	190		(d) If the court finds that a party in a guardianship
193	191		proceeding acted in bad faith or without just cause in prosecuting
194	192		or objecting to an application in the proceeding, the court may
195	193		order [require] the party to reimburse the ward's estate for all or
196	194		part of the attorney's fees awarded under this section and shall
197	195		issue judgment against the party and in favor of the estate for the
198	196		amount of attorney's fees ordered [required] to be reimbursed to
199	197		the estate.
200		-	SECTION 5. Section 1163.005(a), Estates Code, is amended to
	198	+	SECTION 5. Section 1155.151(a), Estates Code, is amended to
	199	+	read as follows:
	200	+	(a) In a guardianship proceeding, the court costs of the
	201	+	proceeding, including the costs described by Subsection (a-1),
	202	+	shall, except as provided by Subsection (c), be paid as follows, and
	203	+	the court shall issue the judgment accordingly:
	204	+	(1) out of the guardianship estate, if a guardianship
	205	+	of the estate has been created for the benefit of the ward and the
	206	+	court determines it is in the ward's best interest;
	207	+	(2) out of the management trust, if a management trust
	208	+	has been created for the benefit of the ward under Chapter 1301 and
	209	+	the court determines it is in the ward's best interest;
	210	+	(3) by the party to the proceeding who incurred the
	211	+	costs, unless that party filed, on the party's own behalf, an
	212	+	affidavit of inability to pay the costs under Rule 145, Texas Rules
	213	+	of Civil Procedure, that shows the party is unable to afford the
	214	+	costs, if:
	215	+	(A) there is no guardianship estate or no
	216	+	management trust has been created for the ward's benefit; or
	217	+	(B) the assets of the guardianship estate or
	218	+	management trust, as appropriate, are insufficient to pay the
	219	+	costs; or
	220	+	(4) out of the county treasury if:
	221	+	(A)(i) there is no guardianship estate or
	222	+	management trust;
	223	+	(ii) [or] the assets of the guardianship
	224	+	estate or management trust, as appropriate, are insufficient to pay
	225	+	the costs; or
	226	+	(iii) a guardianship of the estate has been
	227	+	created for the benefit of the ward and the court determines it is
	228	+	not in the ward's best interest to pay the costs; and
	229	+	(B) the party to the proceeding who incurred the
	230	+	costs filed, on the party's own behalf, an affidavit of inability to
	231	+	pay the costs under Rule 145, Texas Rules of Civil Procedure, that
	232	+	shows the party is unable to afford the costs.
	233	+	SECTION 6. Section 1163.005(a), Estates Code, is amended to
201	234		read as follows:
202	235		(a) The guardian of the estate shall attach to an account
203	236		the guardian's affidavit stating:
204	237		(1) that the account contains a correct and complete
205	238		statement of the matters to which the account relates;
206	239		(2) that the guardian has paid the bond premium for the
207	240		next accounting period;
208	241		(3) that the guardian has filed all tax returns of the
209	242		ward due during the accounting period;
210	243		(4) that the guardian has paid all taxes the ward owed
211	244		during the accounting period, the amount of the taxes, the date the
212	245		guardian paid the taxes, and the name of the governmental entity to
213	246		which the guardian paid the taxes; and
214	247		(5) if the guardian is a private professional
215	248		guardian, a guardianship program, or the Health and Human Services
216	249		Commission [Department of Aging and Disability Services], whether
217	250		the guardian or an individual certified under Subchapter C, Chapter
218	251		155 [111], Government Code, who is providing guardianship services
219	252		to the ward and who is swearing to the account on the guardian's
220	253		behalf, is or has been the subject of an investigation conducted by
221	254		the Judicial Branch [Guardianship] Certification Commission
222	255		[Board] during the accounting period.
223		-	SECTION 6. Section 1163.101(c), Estates Code, is amended to
	256	+	SECTION 7. Section 1163.101(c), Estates Code, is amended to
224	257		read as follows:
225	258		(c) The guardian of the person shall file a sworn affidavit
226	259		that contains:
227	260		(1) the guardian's current name, address, and
228	261		telephone number;
229	262		(2) the ward's date of birth and current name, address,
230	263		telephone number, and age;
231	264		(3) a description of the type of home in which the ward
232	265		resides, which shall be described as:
233	266		(A) the ward's own home;
234	267		(B) a nursing home;
235	268		(C) a guardian's home;
236	269		(D) a foster home;
237	270		(E) a boarding home;
238	271		(F) a relative's home, in which case the
239	272		description must specify the relative's relationship to the ward;
240	273		(G) a hospital or medical facility; or
241	274		(H) another type of residence;
242	275		(4) statements indicating:
243	276		(A) the length of time the ward has resided in the
244	277		present home;
245	278		(B) the reason for a change in the ward's
246	279		residence, if a change in the ward's residence has occurred in the
247	280		past year;
248	281		(C) the date the guardian most recently saw the
249	282		ward;
250	283		(D) how frequently the guardian has seen the ward
251	284		in the past year;
252	285		(E) whether the guardian has possession or
253	286		control of the ward's estate;
254	287		(F) whether the ward's mental health has
255	288		improved, deteriorated, or remained unchanged during the past year,
256	289		including a description of the change if a change has occurred;
257	290		(G) whether the ward's physical health has
258	291		improved, deteriorated, or remained unchanged during the past year,
259	292		including a description of the change if a change has occurred;
260	293		(H) whether the ward has regular medical care;
261	294		and
262	295		(I) the ward's treatment or evaluation by any of
263	296		the following persons during the past year, including the person's
264	297		name and a description of the treatment:
265	298		(i) a physician;
266	299		(ii) a psychiatrist, psychologist, or other
267	300		mental health care provider;
268	301		(iii) a dentist;
269	302		(iv) a social or other caseworker; or
270	303		(v) any other individual who provided
271	304		treatment;
272	305		(5) a description of the ward's activities during the
273	306		past year, including recreational, educational, social, and
274	307		occupational activities, or a statement that no activities were
275	308		available or that the ward was unable or refused to participate in
276	309		activities;
277	310		(6) the guardian's evaluation of:
278	311		(A) the ward's living arrangements as excellent,
279	312		average, or below average, including an explanation if the
280	313		conditions are below average;
281	314		(B) whether the ward is content or unhappy with
282	315		the ward's living arrangements; and
283	316		(C) unmet needs of the ward;
284	317		(7) a statement indicating whether the guardian's
285	318		power should be increased, decreased, or unaltered, including an
286	319		explanation if a change is recommended;
287	320		(8) a statement indicating that the guardian has paid
288	321		the bond premium for the next reporting period;
289	322		(9) if the guardian is a private professional
290	323		guardian, a guardianship program, or the Health and Human Services
291	324		Commission [Department of Aging and Disability Services], whether
292	325		the guardian or an individual certified under Subchapter C, Chapter
293	326		155, Government Code, who is providing guardianship services to the
294	327		ward and who is filing the affidavit on the guardian's behalf, is or
295	328		has been the subject of an investigation conducted by the Judicial
296	329		Branch [Guardianship] Certification Commission [Board] during the
297	330		preceding year; and
298	331		(10) any additional information the guardian desires
299	332		to share with the court regarding the ward, including:
300	333		(A) whether the guardian has filed for emergency
301	334		detention of the ward under Subchapter A, Chapter 573, Health and
302	335		Safety Code; and
303	336		(B) if applicable, the number of times the
304	337		guardian has filed for emergency detention and the dates of the
305	338		applications for emergency detention.
306		-	SECTION 7. Subchapter B, Chapter 1301, Estates Code, is
	339	+	SECTION 8. Subchapter B, Chapter 1301, Estates Code, is
307	340		amended by adding Section 1301.0511 to read as follows:
308	341		Sec. 1301.0511. NOTICE REQUIRED FOR APPLICATION FOR
309	342		CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED. (a) On the
310	343		filing of an application for creation of a management trust and
311	344		except as provided by Subsection (d), notice shall be issued and
312	345		served in the manner provided by Subchapter C, Chapter 1051, for the
313	346		issuance and service of notice on the filing of an application for
314	347		guardianship.
315	348		(b) It is not necessary to serve a citation on a person who
316	349		files an application for the creation of a management trust under
317	350		this subchapter or for that person to waive the issuance and
318	351		personal service of citation.
319	352		(c) If the person for whom an application for creation of a
320	353		management trust is filed is a ward, the sheriff or other officer,
321	354		in addition to serving the persons described by Section 1051.103,
322	355		shall personally serve each guardian of the ward with citation to
323	356		appear and answer the application.
324	357		(d) Notice under this section is not required if a
325	358		proceeding for the appointment of a guardian is pending for the
326	359		person for whom an application for creation of a management trust is
327	360		filed.
328		-	SECTION 8. Section 1301.101(a), Estates Code, is amended to
	361	+	SECTION 9. Section 1301.101(a), Estates Code, is amended to
329	362		read as follows:
330	363		(a) Except as provided by Subsection (c), a management trust
331	364		created for a ward or incapacitated person must provide that:
332	365		(1) the ward or incapacitated person is the sole
333	366		beneficiary of the trust;
334	367		(2) the trustee may disburse an amount of the trust's
335	368		principal or income as the trustee determines is necessary to spend
336	369		for the health, education, maintenance, or support of the person
337	370		for whom the trust is created;
338	371		(3) the trust income that the trustee does not
339	372		disburse under Subdivision (2) must be added to the trust
340	373		principal;
341	374		(4) a trustee that is a corporate fiduciary serves
342	375		without giving a bond; [and]
343	376		(5) subject to the court's approval and Subsection
344	377		(b), a trustee is entitled to receive reasonable compensation for
345	378		services the trustee provides to the person for whom the trust is
346	379		created as the person's trustee; and
347	380		(6) the trust terminates:
348	381		(A) except as provided by Paragraph (B), if the
349	382		person for whom the trust is created is a minor:
350	383		(i) on the earlier of:
351	384		(a) the person's death; or
352	385		(b) the person's 18th birthday; or
353	386		(ii) on the date provided by court order,
354	387		which may not be later than the person's 25th birthday;
355	388		(B) if the person for whom the trust is created is
356	389		a minor and is also incapacitated for a reason other than being a
357	390		minor:
358	391		(i) on the person's death; or
359	392		(ii) when the person regains capacity; or
360	393		(C) if the person for whom the trust is created is
361	394		not a minor:
362	395		(i) according to the terms of the trust;
363	396		(ii) on the date the court determines that
364	397		continuing the trust is no longer in the person's best interests,
365	398		subject to Section 1301.202(c); or
366	399		(iii) on the person's death.
367		-	SECTION 9. Section 1301.154(b), Estates Code, is amended to
368		-	read as follows:
	400	+	SECTION 10. Section 1301.154(b), Estates Code, is amended
	401	+	to read as follows:
369	402		(b) The trustee of a management trust created for a ward
370	403		shall provide a copy of the annual account to each [the] guardian of
371	404		the ward [ward's estate or person].
372		-	SECTION 10. Section 1301.203, Estates Code, is amended by
	405	+	SECTION 11. Section 1301.203, Estates Code, is amended by
373	406		amending Subsection (a) and adding Subsection (a-1) to read as
374	407		follows:
375	408		(a) Except as provided by Subsection (a-1), if [If] the
376	409		person for whom a management trust is created is a minor, the trust
377	410		terminates on:
378	411		(1) the earlier of:
379	412		(A) the person's death; or
380	413		(B) the person's 18th birthday; or
381	414		(2) the date provided by court order, which may not be
382	415		later than the person's 25th birthday.
383	416		(a-1) If the person for whom a management trust is created
384	417		is a minor and is also incapacitated for a reason other than being a
385	418		minor, the trust terminates:
386	419		(1) on the person's death; or
387	420		(2) when the person regains capacity.
388		-	SECTION 11. Sections 1355.002(b), (c), (d), (e), and (f),
	421	+	SECTION 12. Sections 1355.002(b), (c), (d), (e), and (f),
389	422		Estates Code, are amended to read as follows:
390	423		(b) This section applies only to a nonresident creditor who
391	424		is:
392	425		(1) a nonresident minor and has a nonresident guardian
393	426		of the estate appointed by a foreign court;
394	427		(2) [,] a nonresident person who is adjudged by a
395	428		foreign court [of competent jurisdiction] to be incapacitated and
396	429		has a nonresident guardian of the estate appointed by that
397	430		court;[,] or
398	431		(3) the nonresident former ward of a guardianship
399	432		terminated under Chapter 1204 who has no legal guardian qualified
400	433		in this state.
401	434		(c) A debtor in this state who owes money to a nonresident
402	435		creditor to whom this section applies may pay the money:
403	436		(1) to the creditor's guardian of the estate qualified
404	437		in the domiciliary jurisdiction; or
405	438		(2) to the county clerk of:
406	439		(A) any county in this state in which real
407	440		property owned by the creditor is located; or
408	441		(B) if the creditor is not known to own real
409	442		property in this state, the county in which the debtor resides.
410	443		(d) A payment made under this section is for the nonresident
411	444		creditor's account and for the nonresident creditor's use and
412	445		benefit.
413	446		(e) A receipt for payment signed by the county clerk is
414	447		binding on the nonresident creditor as of the date and to the extent
415	448		of payment if the receipt states:
416	449		(1) the creditor's name; and
417	450		(2) the creditor's post office address, if the address
418	451		is known.
419	452		(f) A county clerk who receives a payment under Subsection
420	453		(c) for a nonresident creditor shall handle the money in the same
421	454		manner as provided for a payment to the account of a resident
422	455		creditor under Sections 1355.001, 1355.051, 1355.052, 1355.102,
423	456		1355.103, and 1355.104. Those sections apply to the handling and
424	457		disposition of money or any increase, dividend, or income paid to
425	458		the clerk for the use, benefit, and account of the nonresident
426	459		creditor to whom this section applies.
427		-	SECTION 12. Section 1355.105, Estates Code, is amended to
	460	+	SECTION 13. Section 1355.105, Estates Code, is amended to
428	461		read as follows:
429	462		Sec. 1355.105. WITHDRAWAL OF MONEY BY CREDITOR OR
430	463		CREDITOR'S HEIR, [OR] REPRESENTATIVE, OR GUARDIAN. (a) On
431	464		presentation to the court clerk of an order of a county or probate
432	465		court of the county in which the money is held, money that is not
433	466		withdrawn by an authorized person as provided by this chapter may be
434	467		withdrawn by:
435	468		(1) the creditor, after termination of the creditor's
436	469		disability;
437	470		(2) a subsequent personal representative of the
438	471		creditor; [or]
439	472		(3) the creditor's heirs; or
440	473		(4) a nonresident guardian of the estate appointed by
441	474		a foreign court for a creditor who is:
442	475		(A) a nonresident minor; or
443	476		(B) a nonresident person who is adjudged to be
444	477		incapacitated.
445	478		(b) Except as provided by Subsection (b-1), a [A] withdrawal
446	479		under Subsection (a) may be made at any time and without a special
447	480		bond for that purpose.
448	481		(b-1) A court may require a nonresident guardian of the
449	482		estate of a creditor who is a nonresident minor or nonresident
450	483		incapacitated person as described by Subsection (a)(4) to provide
451	484		proof that the nonresident guardian of the estate gave an adequate
452	485		bond in the foreign jurisdiction if the court determines that it is
453	486		in the nonresident minor's or nonresident incapacitated person's
454	487		best interest.
455	488		(c) The order presented under Subsection (a) must direct the
456	489		court clerk to deliver the money to:
457	490		(1) the creditor;
458	491		(2) [,] the creditor's personal representative;
459	492		(3) [, or] the creditor's heirs named in the order; or
460	493		(4) if the creditor is a nonresident minor or
461	494		nonresident person who is adjudged to be incapacitated, the
462	495		creditor's nonresident guardian of the estate.
463	496		(d) Before the court may issue an order under this section,
464	497		the person's identity and credentials must be proved to the court's
465	498		satisfaction. For purposes of this subsection, a nonresident
466	499		guardian of the estate described by Subsection (c)(4) must present
467	500		to the court exemplified copies of the order of a foreign court
468	501		appointing the guardian and current letters of guardianship issued
469	502		in the foreign jurisdiction.
470		-	SECTION 13. (a) Except as otherwise provided by this
	503	+	SECTION 14. (a) Except as otherwise provided by this
471	504		section, the changes in law made by this Act apply to:
472	505		(1) a guardianship created before, on, or after the
473	506		effective date of this Act; and
474	507		(2) an application for a guardianship pending on, or
475	508		filed on or after, the effective date of this Act.
476	509		(b) The changes in law made by this Act to Section 1021.001,
477	510		Estates Code, apply only to an action filed on or after the
478	511		effective date of this Act. An action filed before the effective
479	512		date of this Act is governed by the law in effect on the date the
480	513		action was filed, and the former law is continued in effect for that
481	514		purpose.
482		-	(c) The changes in law made by this Act to ~~Section~~
483		-	1155.054(d), Estates Code, apply only to a ~~guardianship proceeding~~
484		-	commenced on or after the effective date of ~~this Act. A~~
485		-	guardianship proceeding commenced before the effective ~~date of this~~
486		-	Act is governed by the law in effect on the date the ~~proceeding was~~
487		-	commenced, and the former law is continued in effect ~~for that~~
488		-	purpose.
	515	+	(c) The changes in law made by this Act to Sections
	516	+	1155.054(d) and 1155.151(a), Estates Code, apply only to a
	517	+	guardianship proceeding commenced on or after the effective date of
	518	+	this Act. A guardianship proceeding commenced before the effective
	519	+	date of this Act is governed by the law in effect on the date the
	520	+	proceeding was commenced, and the former law is continued in effect
	521	+	for that purpose.
489	522		(d) Section 1301.0511, Estates Code, as added by this Act,
490	523		applies only to an application for creation of a management trust
491	524		filed on or after the effective date of this Act. An application
492	525		for creation of a management trust filed before the effective date
493	526		of this Act is governed by the law in effect on the date the
494	527		application was filed, and the former law is continued in effect for
495	528		that purpose.
496	529		(e) The changes in law made by this Act to Sections 1301.101
497	530		and 1301.203, Estates Code, apply only to an application for the
498	531		creation or modification of a management trust filed on or after the
499	532		effective date of this Act. An application for the creation or
500	533		modification of a management trust filed before the effective date
501	534		of this Act is governed by the law in effect on the date the
502	535		application was filed, and the former law is continued in effect for
503	536		that purpose.
504	537		(f) The changes in law made by this Act to Section 1355.105,
505	538		Estates Code, apply only to an application for an order for the
506	539		delivery of money that is filed on or after the effective date of
507	540		this Act. An application for an order for the delivery of money
508	541		that is filed before the effective date of this Act is governed by
509	542		the law in effect on the date the application was filed, and the
510	543		former law is continued in effect for that purpose.
511		-	SECTION 14. This Act takes effect September 1, 2019.
	544	+	SECTION 15. This Act takes effect September 1, 2019.