Texas 2019 - 86th Regular

Texas Senate Bill SB1426 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Zaffirini S.B. No. 1426
2		-	(Thompson of Harris)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the establishment by a county of public guardians for
8	7		certain incapacitated persons and funding for guardianships by
9	8		public guardians and related services.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Chapter 1002, Estates Code, is amended by adding
12	11		Sections 1002.0215 and 1002.0265 to read as follows:
13	12		Sec. 1002.0215. OFFICE OF PUBLIC GUARDIAN. "Office of
14	13		public guardian" means an office of public guardian established by
15	14		the commissioners court of a county under Subchapter G-1, Chapter
16	15		1104.
17	16		Sec. 1002.0265. PUBLIC GUARDIAN. "Public guardian" means a
18	17		person:
19	18		(1) appointed to administer an office of public
20	19		guardian by the commissioners court of a county under Subchapter
21	20		G-1, Chapter 1104; or
22	21		(2) with which one or more counties enter into an
23	22		agreement under Section 1104.327(a)(2) or (d).
24	23		SECTION 2. Section 1104.251(a), Estates Code, is amended to
25	24		read as follows:
26	25		(a) An individual must be certified under Subchapter C,
27	26		Chapter 155, Government Code, if the individual:
28	27		(1) is a private professional guardian;
29	28		(2) will represent the interests of a ward as a
30	29		guardian on behalf of a private professional guardian;
31	30		(3) is providing guardianship services to a ward of a
32	31		guardianship program on the program's behalf, except as provided by
33	32		Section 1104.254; [or]
34	33		(4) is an employee of the Health and Human Services
35	34		Commission [Department of Aging and Disability Services] providing
36	35		guardianship services to a ward of the commission;
37	36		(5) is a public guardian; or
38	37		(6) will represent the interests of a ward as a
39	38		guardian on behalf of a public guardian [department].
40	39		SECTION 3. Chapter 1104, Estates Code, is amended by adding
41	40		Subchapter G-1 to read as follows:
42	41		SUBCHAPTER G-1. PUBLIC GUARDIANS
43	42		Sec. 1104.326. DEFINITION. In this subchapter, unless the
44	43		context otherwise requires, "office" means an office of public
45	44		guardian established under this subchapter.
46	45		Sec. 1104.327. ESTABLISHMENT OF OFFICES; PUBLIC GUARDIANS.
47	46		(a) The commissioners court of a county by order may:
48	47		(1) create an office of public guardian to provide
49	48		guardianship services described by Section 1104.334 to
50	49		incapacitated persons; or
51	50		(2) enter into an agreement with a person operating a
52	51		nonprofit guardianship program or private professional
53	52		guardianship program located in the county or in an adjacent county
54	53		to act as a public guardian by providing guardianship services
55	54		described by Section 1104.334 to incapacitated persons.
56	55		(b) Subject to Subsection (c) and Section 1104.328, the
57	56		commissioners court of a county shall appoint an individual as
58	57		public guardian to administer the office of public guardian
59	58		established under Subsection (a)(1) and may employ or authorize the
60	59		public guardian to employ personnel necessary to perform the duties
61	60		of the office, including personnel who will represent the interests
62	61		of a ward as a guardian on behalf of the office if approved by the
63	62		commissioners court.
64	63		(c) The commissioners court of a county may enter into an
65	64		agreement with an individual to act as public guardian under
66	65		Subsection (b) on a part-time basis with appropriate compensation
67	66		if:
68	67		(1) the commissioners court determines a full-time
69	68		appointment does not serve the needs of the county; and
70	69		(2) the individual who is appointed on a part-time
71	70		basis is not employed in or does not hold another position that
72	71		presents a conflict of interest.
73	72		(d) The commissioners courts of two or more counties may
74	73		collectively enter into an agreement:
75	74		(1) to create and fund an office of public guardian for
76	75		purposes of Subsection (a)(1) and to appoint the same individual as
77	76		public guardian to that office under Subsection (b); or
78	77		(2) with a person operating a guardianship program
79	78		described by Subsection (a)(2) to serve as a public guardian for
80	79		purposes of that subdivision.
81	80		(e) An individual appointed as public guardian under
82	81		Subsection (b) serves a term of five years.
83	82		Sec. 1104.328. QUALIFICATIONS OF PUBLIC GUARDIAN. To be
84	83		appointed as public guardian under Section 1104.327(b), an
85	84		individual must:
86	85		(1) be a licensed attorney or be certified under
87	86		Subchapter C, Chapter 155, Government Code; and
88	87		(2) have demonstrable guardianship experience.
89	88		Sec. 1104.329. CONFLICT OF INTEREST. (a) Except as
90	89		provided by Subsection (b), an office or public guardian must be
91	90		independent from providers of services to wards and proposed wards
92	91		and may not directly provide housing, medical, legal, or other
93	92		direct, non-surrogate decision-making services to a ward or
94	93		proposed ward, unless approved by the court.
95	94		(b) An office or public guardian may provide money
96	95		management services described by Section 531.125, Government Code,
97	96		or other representative payee services to a ward or proposed ward.
98	97		Sec. 1104.330. COMPENSATION. A person appointed or acting
99	98		as public guardian under Section 1104.327 shall receive
100	99		compensation as set by the commissioners court and is not entitled
101	100		to compensation under Subchapter A, Chapter 1155, unless approved
102	101		by the court or the person is appointed as guardian of a ward in
103	102		accordance with Section 1104.334(a)(2)(B).
104	103		Sec. 1104.331. BOND REQUIREMENT. (a) A public guardian
105	104		shall file with the court clerk a general bond in an amount fixed by
106	105		the commissioners court payable to the county and issued by a surety
107	106		company approved by the county judge. The bond must be conditioned
108	107		on the faithful performance by the person of the person's duties
109	108		and, if the public guardian administers an office, the office's
110	109		duties.
111	110		(b) The bond required by this section satisfies any bond
112	111		required under Chapter 1105.
113	112		Sec. 1104.332. VACANCY. If an individual appointed as
114	113		public guardian under Section 1104.327(b) vacates the position, the
115	114		commissioners court shall appoint, subject to Section 1104.328, an
116	115		individual to serve as public guardian for the unexpired term.
117	116		Sec. 1104.333. POWERS AND DUTIES. (a) An office or public
118	117		guardian shall:
119	118		(1) if applicable, evaluate the financial status of a
120	119		proposed ward to determine whether the proposed ward is eligible to
121	120		have the office or public guardian appointed guardian of the ward
122	121		under Section 1104.334(a)(2)(A); and
123	122		(2) serve as guardian of the person or of the estate of
124	123		a ward, or both, on appointment by a court in accordance with the
125	124		requirements of this title.
126	125		(b) In connection with a financial evaluation under
127	126		Subsection (a)(1) and on the request of an office or public
128	127		guardian, a court with jurisdiction over the guardianship
129	128		proceeding may order the release of public and private records,
130	129		including otherwise confidential records, to the office or public
131	130		guardian.
132	131		(c) Notwithstanding Section 552.261, Government Code, a
133	132		state agency may not charge an office or public guardian for
134	133		providing the office or public guardian with a copy of public
135	134		information requested from the agency by the office or public
136	135		guardian.
137	136		Sec. 1104.334. APPOINTMENT OF OFFICE OR PUBLIC GUARDIAN AS
138	137		GUARDIAN. (a) In accordance with applicable law, including
139	138		Subchapter C, Chapter 1101, a court may appoint an office or public
140	139		guardian to serve as guardian of the person or of the estate of a
141	140		ward, or both, if:
142	141		(1) on the date the guardianship application is filed,
143	142		the ward resides in or is located in the county served by the office
144	143		or public guardian; and
145	144		(2) the court finds that the ward:
146	145		(A) does not have sufficient assets or other
147	146		resources to pay a private professional guardian to serve as the
148	147		ward's guardian and the appointment is in the ward's best interest;
149	148		or
150	149		(B) has sufficient assets or other resources to
151	150		pay a private professional guardian to serve as the ward's
152	151		guardian, the appointment is in the ward's best interest, and:
153	152		(i) the ward's family members who are
154	153		eligible for appointment as the ward's guardian agree to the
155	154		appointment of an office or public guardian to serve as the ward's
156	155		guardian or are unable to agree on the person or persons that should
157	156		be appointed as the ward's guardian; or
158	157		(ii) the ward does not have a family member,
159	158		friend, or other suitable person willing and able to serve as the
160	159		ward's guardian.
161	160		(b) For purposes of Subsection (a)(2), the determination of
162	161		a ward's ability to pay a private professional guardian is
163	162		dependent on:
164	163		(1) the nature, extent, and liquidity of the ward's
165	164		assets;
166	165		(2) the ward's disposable net income, including income
167	166		of a recipient of medical assistance that is used to pay expenses
168	167		under Section 1155.202(a);
169	168		(3) the nature of the guardianship;
170	169		(4) the type, duration, and complexity of services
171	170		required by the ward; and
172	171		(5) additional, foreseeable expenses.
173	172		(c) The number of appointments of an office under this
174	173		section may not exceed 35 wards for each guardian representing the
175	174		interests of wards on behalf of the office.
176	175		(d) If each guardian representing the interests of wards on
177	176		behalf of an office reaches the limitation provided by Subsection
178	177		(c), the office shall immediately give notice to the courts.
179	178		Sec. 1104.335. CONFIDENTIALITY AND DISCLOSURE OF
180	179		INFORMATION. (a) All files, reports, records, communications, or
181	180		working papers used or developed by an office or public guardian in
182	181		the performance of duties relating to a financial evaluation under
183	182		Section 1104.333(a)(1) or the provision of guardianship services
184	183		are confidential and not subject to disclosure under Chapter 552,
185	184		Government Code.
186	185		(b) Confidential information may be disclosed only for a
187	186		purpose consistent with this subchapter, as required by other state
188	187		or federal law, or as necessary to enable an office or public
189	188		guardian to exercise the powers and duties as guardian of the person
190	189		or of the estate of a ward, or both.
191	190		(c) A court on its own motion or on the motion of an
192	191		interested person may order disclosure of confidential information
193	192		only if:
194	193		(1) a hearing on the motion is conducted;
195	194		(2) notice of the hearing is served on the office or
196	195		public guardian and each interested person; and
197	196		(3) the court determines after the hearing and an in
198	197		camera review of the information that disclosure is essential to
199	198		the administration of justice and will not endanger the life or
200	199		safety of any individual who:
201	200		(A) is being assessed for guardianship services;
202	201		(B) is a ward of the office or public guardian; or
203	202		(C) provides services to a ward of the office or
204	203		public guardian.
205	204		(d) The Office of Court Administration of the Texas Judicial
206	205		System shall establish policies and procedures for the exchange of
207	206		information between offices, public guardians, and other
208	207		appropriate governmental entities, as necessary for offices,
209	208		public guardians, and governmental entities to properly execute
210	209		their respective duties and responsibilities relating to
211	210		guardianship services or other needed services for a ward. An
212	211		exchange of information under this subsection does not constitute a
213	212		release for purposes of waiving the confidentiality of the
214	213		information exchanged.
215	214		(e) To the extent consistent with policies and procedures
216	215		adopted by an office or public guardian, the office or public
217	216		guardian on request may release confidential information in the
218	217		record of an individual who is a former ward of the office or public
219	218		guardian to:
220	219		(1) the individual;
221	220		(2) the individual's guardian; or
222	221		(3) an executor or administrator of the individual's
223	222		estate.
224	223		(f) Before releasing confidential information under
225	224		Subsection (e), an office or public guardian shall edit the
226	225		information to protect the identity of any individual whose life or
227	226		safety may be endangered by the release. A release of information
228	227		under Subsection (e) does not constitute a release for purposes of
229	228		waiving the confidentiality of the information released.
230	229		Sec. 1104.336. CERTAIN ADMINISTRATIVE COSTS. (a) If an
231	230		office or public guardian is appointed guardian of the person or of
232	231		the estate of a ward, or both, the administrative costs of the
233	232		guardianship services provided to the ward may not be charged to the
234	233		ward's estate unless the court determines, subject to Subsection
235	234		(b), that the ward is financially able to pay all or part of the
236	235		costs.
237	236		(b) A court shall measure a ward's ability to pay for costs
238	237		under Subsection (a) by whether the ward has sufficient assets or
239	238		other resources to pay a private professional guardian to serve as
240	239		the ward's guardian in accordance with Section 1104.334(b).
241	240		Sec. 1104.337. OFFICE OF COURT ADMINISTRATION OF THE TEXAS
242	241		JUDICIAL SYSTEM; REPORT. (a) Not later than December 1 of each
243	242		even-numbered year, the Office of Court Administration of the Texas
244	243		Judicial System shall submit a report to the governor and the
245	244		legislature that contains an evaluation of public guardians
246	245		established under this subchapter, including the establishment and
247	246		operation of offices of public guardians under this subchapter and
248	247		the provision of guardianship services by the offices. The report
249	248		must include:
250	249		(1) an analysis of costs and offsetting savings or
251	250		other benefits to the state as a result of the establishment and
252	251		operation of offices and public guardians under this subchapter;
253	252		and
254	253		(2) recommendations for legislation, if any.
255	254		(b) If it is cost-effective and feasible, the Office of
256	255		Court Administration of the Texas Judicial System may contract with
257	256		an appropriate research or public policy entity with expertise in
258	257		gerontology, disabilities, and public administration to conduct
259	258		the analysis described by Subsection (a)(1).
260	259		Sec. 1104.338. RULES. The supreme court, in consultation
261	260		with the Office of Court Administration of the Texas Judicial
262	261		System and the presiding judge of the statutory probate courts
263	262		elected under Section 25.0022, Government Code, shall adopt rules
264	263		necessary to implement this subchapter.
265	264		SECTION 4. Section 1104.402(a), Estates Code, is amended to
266	265		read as follows:
267	266		(a) Except as provided by Section 1104.403, 1104.404, or
268	267		1104.406(a), the clerk of the county having venue of the proceeding
269	268		for the appointment of a guardian shall obtain criminal history
270	269		record information that is maintained by the Department of Public
271	270		Safety or the Federal Bureau of Investigation identification
272	271		division relating to:
273	272		(1) a private professional guardian;
274	273		(2) each person who represents or plans to represent
275	274		the interests of a ward as a guardian on behalf of the private
276	275		professional guardian;
277	276		(3) each person employed by a private professional
278	277		guardian who will:
279	278		(A) have personal contact with a ward or proposed
280	279		ward;
281	280		(B) exercise control over and manage a ward's
282	281		estate; or
283	282		(C) perform any duties with respect to the
284	283		management of a ward's estate;
285	284		(4) each person employed by or volunteering or
286	285		contracting with a guardianship program to provide guardianship
287	286		services to a ward of the program on the program's behalf; [or]
288	287		(5) a public guardian appointed under Section
289	288		1104.327(b);
290	289		(6) each person who represents or plans to represent
291	290		the interests of a ward as a guardian on behalf of an office of
292	291		public guardian;
293	292		(7) each person employed by an office of public
294	293		guardian who will:
295	294		(A) have personal contact with a ward or proposed
296	295		ward;
297	296		(B) exercise control over and manage a ward's
298	297		estate; or
299	298		(C) perform any duties with respect to the
300	299		management of a ward's estate; or
301	300		(8) any other person proposed to serve as a guardian
302	301		under this title, including a proposed temporary guardian and a
303	302		proposed successor guardian, other than an attorney.
304	303		SECTION 5. Section 1104.409, Estates Code, is amended to
305	304		read as follows:
306	305		Sec. 1104.409. USE OF INFORMATION BY COURT. The court shall
307	306		use the information obtained under this subchapter only in
308	307		determining whether to:
309	308		(1) appoint, remove, or continue the appointment of a
310	309		private professional guardian, a guardianship program, an office of
311	310		public guardian, or the Health and Human Services Commission
312	311		[department]; or
313	312		(2) appoint any other person proposed to serve as a
314	313		guardian under this title, including a proposed temporary guardian
315	314		and a proposed successor guardian, other than an attorney.
316	315		SECTION 6. Section 1155.151(a-2), Estates Code, is amended
317	316		to read as follows:
318	317		(a-2) Notwithstanding any other law requiring the payment
319	318		of court costs in a guardianship proceeding, the following are not
320	319		required to pay court costs on the filing of or during a
321	320		guardianship proceeding:
322	321		(1) an attorney ad litem;
323	322		(2) a guardian ad litem;
324	323		(3) a person or entity who files an affidavit of
325	324		inability to pay the costs under Rule 145, Texas Rules of Civil
326	325		Procedure, that shows the person or entity is unable to afford the
327	326		costs;
328	327		(4) a nonprofit guardianship program;
329	328		(5) a governmental entity, including an office of
330	329		public guardian; and
331	330		(6) a government agency or nonprofit agency providing
332	331		guardianship services.
333	332		SECTION 7. Section 1163.005(a), Estates Code, is amended to
334	333		read as follows:
335	334		(a) The guardian of the estate shall attach to an account
336	335		the guardian's affidavit stating:
337	336		(1) that the account contains a correct and complete
338	337		statement of the matters to which the account relates;
339	338		(2) that the guardian has paid the bond premium for the
340	339		next accounting period;
341	340		(3) that the guardian has filed all tax returns of the
342	341		ward due during the accounting period;
343	342		(4) that the guardian has paid all taxes the ward owed
344	343		during the accounting period, the amount of the taxes, the date the
345	344		guardian paid the taxes, and the name of the governmental entity to
346	345		which the guardian paid the taxes; and
347	346		(5) if the guardian is a private professional
348	347		guardian, a guardianship program, an office of public guardian, or
349	348		the Health and Human Services Commission [Department of Aging and
350	349		Disability Services], whether the guardian or an individual
351	350		certified under Subchapter C, Chapter 155 [111], Government Code,
352	351		who is providing guardianship services to the ward and who is
353	352		swearing to the account on the guardian's behalf, is or has been the
354	353		subject of an investigation conducted by the Judicial Branch
355	354		[Guardianship] Certification Commission [Board] during the
356	355		accounting period.
357	356		SECTION 8. Section 1163.101(c), Estates Code, is amended to
358	357		read as follows:
359	358		(c) The guardian of the person shall file a sworn affidavit
360	359		that contains:
361	360		(1) the guardian's current name, address, and
362	361		telephone number;
363	362		(2) the ward's date of birth and current name, address,
364	363		telephone number, and age;
365	364		(3) a description of the type of home in which the ward
366	365		resides, which shall be described as:
367	366		(A) the ward's own home;
368	367		(B) a nursing home;
369	368		(C) a guardian's home;
370	369		(D) a foster home;
371	370		(E) a boarding home;
372	371		(F) a relative's home, in which case the
373	372		description must specify the relative's relationship to the ward;
374	373		(G) a hospital or medical facility; or
375	374		(H) another type of residence;
376	375		(4) statements indicating:
377	376		(A) the length of time the ward has resided in the
378	377		present home;
379	378		(B) the reason for a change in the ward's
380	379		residence, if a change in the ward's residence has occurred in the
381	380		past year;
382	381		(C) the date the guardian most recently saw the
383	382		ward;
384	383		(D) how frequently the guardian has seen the ward
385	384		in the past year;
386	385		(E) whether the guardian has possession or
387	386		control of the ward's estate;
388	387		(F) whether the ward's mental health has
389	388		improved, deteriorated, or remained unchanged during the past year,
390	389		including a description of the change if a change has occurred;
391	390		(G) whether the ward's physical health has
392	391		improved, deteriorated, or remained unchanged during the past year,
393	392		including a description of the change if a change has occurred;
394	393		(H) whether the ward has regular medical care;
395	394		and
396	395		(I) the ward's treatment or evaluation by any of
397	396		the following persons during the past year, including the person's
398	397		name and a description of the treatment:
399	398		(i) a physician;
400	399		(ii) a psychiatrist, psychologist, or other
401	400		mental health care provider;
402	401		(iii) a dentist;
403	402		(iv) a social or other caseworker; or
404	403		(v) any other individual who provided
405	404		treatment;
406	405		(5) a description of the ward's activities during the
407	406		past year, including recreational, educational, social, and
408	407		occupational activities, or a statement that no activities were
409	408		available or that the ward was unable or refused to participate in
410	409		activities;
411	410		(6) the guardian's evaluation of:
412	411		(A) the ward's living arrangements as excellent,
413	412		average, or below average, including an explanation if the
414	413		conditions are below average;
415	414		(B) whether the ward is content or unhappy with
416	415		the ward's living arrangements; and
417	416		(C) unmet needs of the ward;
418	417		(7) a statement indicating whether the guardian's
419	418		power should be increased, decreased, or unaltered, including an
420	419		explanation if a change is recommended;
421	420		(8) a statement indicating that the guardian has paid
422	421		the bond premium for the next reporting period;
423	422		(9) if the guardian is a private professional
424	423		guardian, a guardianship program, an office of public guardian, or
425	424		the Health and Human Services Commission [Department of Aging and
426	425		Disability Services], whether the guardian or an individual
427	426		certified under Subchapter C, Chapter 155, Government Code, who is
428	427		providing guardianship services to the ward and who is filing the
429	428		affidavit on the guardian's behalf, is or has been the subject of an
430	429		investigation conducted by the Judicial Branch [Guardianship]
431	430		Certification Commission [Board] during the preceding year; and
432	431		(10) any additional information the guardian desires
433	432		to share with the court regarding the ward, including:
434	433		(A) whether the guardian has filed for emergency
435	434		detention of the ward under Subchapter A, Chapter 573, Health and
436	435		Safety Code; and
437	436		(B) if applicable, the number of times the
438	437		guardian has filed for emergency detention and the dates of the
439	438		applications for emergency detention.
440	439		SECTION 9. Section 101.0814, Government Code, is amended to
441	440		read as follows:
442	441		Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS:
443	442		LOCAL GOVERNMENT CODE. The clerk of a statutory county court shall
444	443		collect fees and costs under the Local Government Code as follows:
445	444		(1) additional filing fee to fund contingency fund for
446	445		liability insurance, if authorized by the county commissioners
447	446		court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
448	447		(2) civil court actions (Sec. 118.052, Local
449	448		Government Code):
450	449		(A) filing of original action (Secs. 118.052 and
451	450		118.053, Local Government Code):
452	451		(i) garnishment after judgment (Sec.
453	452		118.052, Local Government Code) . . . $15; and
454	453		(ii) all others (Sec. 118.052, Local
455	454		Government Code) . . . $40;
456	455		(B) filing of action other than original (Secs.
457	456		118.052 and 118.054, Local Government Code) . . . $30; and
458	457		(C) services rendered after judgment in original
459	458		action (Secs. 118.052 and 118.0545, Local Government Code):
460	459		(i) abstract of judgment (Sec. 118.052,
461	460		Local Government Code) . . . $5; and
462	461		(ii) execution, order of sale, writ, or
463	462		other process (Sec. 118.052, Local Government Code) . . . $5;
464	463		(3) probate court actions (Sec. 118.052, Local
465	464		Government Code):
466	465		(A) probate original action (Secs. 118.052 and
467	466		118.055, Local Government Code):
468	467		(i) probate of a will with independent
469	468		executor, administration with will attached, administration of an
470	469		estate, guardianship or receivership of an estate, or muniment of
471	470		title (Sec. 118.052, Local Government Code) . . . $40;
472	471		(ii) community survivors (Sec. 118.052,
473	472		Local Government Code) . . . $40;
474	473		(iii) small estates (Sec. 118.052, Local
475	474		Government Code) . . . $40;
476	475		(iv) declarations of heirship (Sec.
477	476		118.052, Local Government Code) . . . $40;
478	477		(v) mental health or chemical dependency
479	478		services (Sec. 118.052, Local Government Code) . . . $40; and
480	479		(vi) additional, special fee (Secs. 118.052
481	480		and 118.064, Local Government Code) . . . $5;
482	481		(B) services in pending probate action (Secs.
483	482		118.052 and 118.056, Local Government Code):
484	483		(i) filing an inventory and appraisement
485	484		(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
486	485		(ii) approving and recording bond (Sec.
487	486		118.052, Local Government Code) . . . $3;
488	487		(iii) administering oath (Sec. 118.052,
489	488		Local Government Code) . . . $2;
490	489		(iv) filing annual or final account of
491	490		estate (Sec. 118.052, Local Government Code) . . . $25;
492	491		(v) filing application for sale of real or
493	492		personal property (Sec. 118.052, Local Government Code) . . . $25;
494	493		(vi) filing annual or final report of
495	494		guardian of a person (Sec. 118.052, Local Government Code) . . .
496	495		$10; and
497	496		(vii) filing a document not listed under
498	497		this paragraph after the filing of an order approving the inventory
499	498		and appraisement or after the 120th day after the date of the
500	499		initial filing of the action, whichever occurs first (Secs. 118.052
501	500		and 191.007, Local Government Code), if more than 25 pages . . .
502	501		$25;
503	502		(C) adverse probate action (Secs. 118.052 and
504	503		118.057, Local Government Code) . . . $40;
505	504		(D) claim against estate (Secs. 118.052 and
506	505		118.058, Local Government Code) . . . $10;
507	506		(E) supplemental public [court-initiated]
508	507		guardianship and related services fee (Secs. 118.052 and 118.067,
509	508		Local Government Code) . . . $20; and
510	509		(F) supplemental public probate administrator
511	510		fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
512	511		(4) other fees (Sec. 118.052, Local Government Code):
513	512		(A) issuing document (Secs. 118.052 and 118.059,
514	513		Local Government Code):
515	514		(i) original document and one copy (Sec.
516	515		118.052, Local Government Code) . . . $4; and
517	516		(ii) each additional set of an original and
518	517		one copy (Sec. 118.052, Local Government Code) . . . $4;
519	518		(B) certified papers (Secs. 118.052 and 118.060,
520	519		Local Government Code):
521	520		(i) for the clerk's certificate (Sec.
522	521		118.052, Local Government Code) . . . $5; and
523	522		(ii) a fee per page or part of a page (Sec.
524	523		118.052, Local Government Code) . . . $1;
525	524		(C) noncertified papers, for each page or part of
526	525		a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
527	526		$1;
528	527		(D) letters testamentary, letter of
529	528		guardianship, letter of administration, or abstract of judgment
530	529		(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
531	530		(E) safekeeping of wills (Secs. 118.052 and
532	531		118.062, Local Government Code) . . . $5;
533	532		(F) mail service of process (Secs. 118.052 and
534	533		118.063, Local Government Code) . . . same as sheriff; and
535	534		(G) records management and preservation fee
536	535		(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
537	536		. . . $5;
538	537		(5) additional filing fee for filing any civil action
539	538		or proceeding requiring a filing fee, including an appeal, and on
540	539		the filing of any counterclaim, cross-action, intervention,
541	540		interpleader, or third-party action requiring a filing fee, to fund
542	541		civil legal services for the indigent (Sec. 133.153, Local
543	542		Government Code) . . . $10;
544	543		(6) on the filing of a civil suit, an additional filing
545	544		fee to be used for court-related purposes for the support of the
546	545		judiciary (Sec. 133.154, Local Government Code) . . . $42;
547	546		(7) additional filing fee to fund the courthouse
548	547		security fund, if authorized by the county commissioners court
549	548		(Sec. 291.008, Local Government Code) . . . not to exceed $5;
550	549		(8) additional filing fee for filing documents not
551	550		subject to certain filing fees to fund the courthouse security
552	551		fund, if authorized by the county commissioners court (Sec.
553	552		291.008, Local Government Code) . . . $1;
554	553		(9) additional filing fee to fund the courthouse
555	554		security fund in Webb County, if authorized by the county
556	555		commissioners court (Sec. 291.009, Local Government Code) . . . not
557	556		to exceed $20; and
558	557		(10) court cost in civil cases other than suits for
559	558		delinquent taxes to fund the county law library fund, if authorized
560	559		by the county commissioners court (Sec. 323.023, Local Government
561	560		Code) . . . not to exceed $35.
562	561		SECTION 10. Section 101.1013, Government Code, is amended
563	562		to read as follows:
564	563		Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS:
565	564		LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall
566	565		collect fees and costs under the Local Government Code as follows:
567	566		(1) additional filing fee for filing any civil action
568	567		or proceeding requiring a filing fee, including an appeal, and on
569	568		the filing of any counterclaim, cross-action, intervention,
570	569		interpleader, or third-party action requiring a filing fee to fund
571	570		civil legal services for the indigent (Sec. 133.153, Local
572	571		Government Code) . . . $10;
573	572		(2) additional filing fee to fund contingency fund for
574	573		liability insurance, if authorized by the county commissioners
575	574		court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
576	575		(3) probate court actions (Sec. 118.052, Local
577	576		Government Code):
578	577		(A) probate original action (Secs. 118.052 and
579	578		118.055, Local Government Code):
580	579		(i) probate of a will with independent
581	580		executor, administration with will attached, administration of an
582	581		estate, guardianship or receivership of an estate, or muniment of
583	582		title (Sec. 118.052, Local Government Code) . . . $40;
584	583		(ii) community survivors (Sec. 118.052,
585	584		Local Government Code) . . . $40;
586	585		(iii) small estates (Sec. 118.052, Local
587	586		Government Code) . . . $40;
588	587		(iv) declarations of heirship (Sec.
589	588		118.052, Local Government Code) . . . $40;
590	589		(v) mental health or chemical dependency
591	590		services (Sec. 118.052, Local Government Code) . . . $40; and
592	591		(vi) additional, special fee (Secs. 118.052
593	592		and 118.064, Local Government Code) . . . $5;
594	593		(B) services in pending probate action (Secs.
595	594		118.052 and 118.056, Local Government Code):
596	595		(i) filing an inventory and appraisement
597	596		(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
598	597		(ii) approving and recording bond (Sec.
599	598		118.052, Local Government Code) . . . $3;
600	599		(iii) administering oath (Sec. 118.052,
601	600		Local Government Code) . . . $2;
602	601		(iv) filing annual or final account of
603	602		estate (Sec. 118.052, Local Government Code). . . $25;
604	603		(v) filing application for sale of real or
605	604		personal property (Sec. 118.052, Local Government Code) . . . $25;
606	605		(vi) filing annual or final report of
607	606		guardian of a person (Sec. 118.052, Local Government Code) . . .
608	607		$10; and
609	608		(vii) filing a document not listed under
610	609		this paragraph after the filing of an order approving the inventory
611	610		and appraisement or after the 120th day after the date of the
612	611		initial filing of the action, whichever occurs first (Secs. 118.052
613	612		and 191.007, Local Government Code), if more than 25 pages . . .
614	613		$25;
615	614		(C) adverse probate action (Secs. 118.052 and
616	615		118.057, Local Government Code) . . . $40;
617	616		(D) claim against estate (Secs. 118.052 and
618	617		118.058, Local Government Code) . . . $10;
619	618		(E) supplemental public [court-initiated]
620	619		guardianship and related services fee (Secs. 118.052 and 118.067,
621	620		Local Government Code) . . . $20; and
622	621		(F) supplemental public probate administrator
623	622		fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
624	623		(4) other fees (Sec. 118.052, Local Government Code):
625	624		(A) issuing document (Secs. 118.052 and 118.059,
626	625		Local Government Code):
627	626		(i) original document and one copy (Sec.
628	627		118.052, Local Government Code) . . . $4; and
629	628		(ii) each additional set of an original and
630	629		one copy (Sec. 118.052, Local Government Code) . . . $4;
631	630		(B) certified papers (Secs. 118.052 and 118.060,
632	631		Local Government Code):
633	632		(i) for the clerk's certificate (Sec.
634	633		118.052, Local Government Code) . . . $5; and
635	634		(ii) a fee per page or part of a page (Sec.
636	635		118.052, Local Government Code) . . . $1;
637	636		(C) noncertified papers, for each page or part of
638	637		a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
639	638		$1;
640	639		(D) letters testamentary, letter of
641	640		guardianship, letter of administration, or abstract of judgment
642	641		(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
643	642		(E) safekeeping of wills (Secs. 118.052 and
644	643		118.062, Local Government Code) . . . $5;
645	644		(F) mail service of process (Secs. 118.052 and
646	645		118.063, Local Government Code) . . . same as sheriff; and
647	646		(G) records management and preservation fee
648	647		(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
649	648		(5) court cost in civil cases other than suits for
650	649		delinquent taxes to fund the county law library fund, if authorized
651	650		by the county commissioners court (Sec. 323.023, Local Government
652	651		Code) . . . not to exceed $35.
653	652		SECTION 11. Section 101.1214, Government Code, is amended
654	653		to read as follows:
655	654		Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL
656	655		GOVERNMENT CODE. The clerk of a county court shall collect the
657	656		following fees and costs under the Local Government Code:
658	657		(1) additional filing fee to fund contingency fund for
659	658		liability insurance, if authorized by the county commissioners
660	659		court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
661	660		(2) civil court actions (Sec. 118.052, Local
662	661		Government Code):
663	662		(A) filing of original action (Secs. 118.052 and
664	663		118.053, Local Government Code):
665	664		(i) garnishment after judgment (Sec.
666	665		118.052, Local Government Code) . . . $15; and
667	666		(ii) all others (Sec. 118.052, Local
668	667		Government Code) . . . $40;
669	668		(B) filing of action other than original (Secs.
670	669		118.052 and 118.054, Local Government Code) . . . $30; and
671	670		(C) services rendered after judgment in original
672	671		action (Secs. 118.052 and 118.0545, Local Government Code):
673	672		(i) abstract of judgment (Sec. 118.052,
674	673		Local Government Code) . . . $5; and
675	674		(ii) execution, order of sale, writ, or
676	675		other process (Sec. 118.052, Local Government Code) . . . $5;
677	676		(3) probate court actions (Sec. 118.052, Local
678	677		Government Code):
679	678		(A) probate original action (Secs. 118.052 and
680	679		118.055, Local Government Code):
681	680		(i) probate of a will with independent
682	681		executor, administration with will attached, administration of an
683	682		estate, guardianship or receivership of an estate, or muniment of
684	683		title (Sec. 118.052, Local Government Code) . . . $40;
685	684		(ii) community survivors (Sec. 118.052,
686	685		Local Government Code) . . . $40;
687	686		(iii) small estates (Sec. 118.052, Local
688	687		Government Code) . . . $40;
689	688		(iv) declarations of heirship (Sec.
690	689		118.052, Local Government Code) . . . $40;
691	690		(v) mental health or chemical dependency
692	691		services (Sec. 118.052, Local Government Code) . . . $40; and
693	692		(vi) additional, special fee (Secs. 118.052
694	693		and 118.064, Local Government Code) . . . $5;
695	694		(B) services in pending probate action (Secs.
696	695		118.052 and 118.056, Local Government Code):
697	696		(i) filing an inventory and appraisement
698	697		(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
699	698		(ii) approving and recording bond (Sec.
700	699		118.052, Local Government Code) . . . $3;
701	700		(iii) administering oath (Sec. 118.052,
702	701		Local Government Code) . . . $2;
703	702		(iv) filing annual or final account of
704	703		estate (Sec. 118.052, Local Government Code) . . . $25;
705	704		(v) filing application for sale of real or
706	705		personal property (Sec. 118.052, Local Government Code) . . . $25;
707	706		(vi) filing annual or final report of
708	707		guardian of a person (Sec. 118.052, Local Government Code) . . .
709	708		$10; and
710	709		(vii) filing a document not listed under
711	710		this paragraph after the filing of an order approving the inventory
712	711		and appraisement or after the 120th day after the date of the
713	712		initial filing of the action, whichever occurs first (Secs. 118.052
714	713		and 191.007, Local Government Code), if more than 25 pages . . .
715	714		$25;
716	715		(C) adverse probate action (Secs. 118.052 and
717	716		118.057, Local Government Code) . . . $40;
718	717		(D) claim against estate (Secs. 118.052 and
719	718		118.058, Local Government Code) . . . $10;
720	719		(E) supplemental public [court-initiated]
721	720		guardianship and related services fee (Secs. 118.052 and 118.067,
722	721		Local Government Code) . . . $20; and
723	722		(F) supplemental public probate administrator
724	723		fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
725	724		(4) other fees (Sec. 118.052, Local Government Code):
726	725		(A) issuing document (Secs. 118.052 and 118.059,
727	726		Local Government Code):
728	727		(i) original document and one copy (Sec.
729	728		118.052, Local Government Code) . . . $4; and
730	729		(ii) each additional set of an original and
731	730		one copy (Sec. 118.052, Local Government Code) . . . $4;
732	731		(B) certified papers (Secs. 118.052 and 118.060,
733	732		Local Government Code):
734	733		(i) for the clerk's certificate (Sec.
735	734		118.052, Local Government Code) . . . $5; and
736	735		(ii) a fee per page or part of a page (Sec.
737	736		118.052, Local Government Code) . . . $1;
738	737		(C) noncertified papers, for each page or part of
739	738		a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
740	739		$1;
741	740		(D) letters testamentary, letter of
742	741		guardianship, letter of administration, or abstract of judgment
743	742		(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
744	743		(E) safekeeping of wills (Secs. 118.052 and
745	744		118.062, Local Government Code) . . . $5;
746	745		(F) mail service of process (Secs. 118.052 and
747	746		118.063, Local Government Code) . . . same as sheriff; and
748	747		(G) records management and preservation fee
749	748		(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
750	749		. . . $5;
751	750		(5) deposit on filing petition requesting permission
752	751		to create a municipal civic center authority (Sec. 281.013, Local
753	752		Government Code) . . . $200;
754	753		(6) additional filing fee to fund the courthouse
755	754		security fund, if authorized by the county commissioners court
756	755		(Sec. 291.008, Local Government Code) . . . not to exceed $5;
757	756		(7) additional filing fee for filing documents not
758	757		subject to certain filing fees to fund the courthouse security
759	758		fund, if authorized by the county commissioners court (Sec.
760	759		291.008, Local Government Code) . . . $1;
761	760		(8) additional filing fee to fund the courthouse
762	761		security fund in Webb County, if authorized by the county
763	762		commissioners court (Sec. 291.009, Local Government Code) . . . not
764	763		to exceed $20;
765	764		(9) court cost in civil cases other than suits for
766	765		delinquent taxes to fund the county law library fund, if authorized
767	766		by the county commissioners court (Sec. 323.023, Local Government
768	767		Code) . . . not to exceed $35;
769	768		(10) additional filing fee for filing any civil action
770	769		or proceeding requiring a filing fee, including an appeal, and on
771	770		the filing of any counterclaim, cross-action, intervention,
772	771		interpleader, or third-party action requiring a filing fee, to fund
773	772		civil legal services for the indigent (Sec. 133.153, Local
774	773		Government Code) . . . $10; and
775	774		(11) on the filing of a civil suit an additional filing
776	775		fee to be used for court-related purposes for the support of the
777	776		judiciary (Sec. 133.154, Local Government Code) . . . $42.
778	777		SECTION 12. Section 155.001, Government Code, is amended by
779	778		amending Subdivisions (4), (6), and (6-a) and adding Subdivisions
780	779		(5-a) and (6-b) to read as follows:
781	780		(4) "Guardianship program" means a local, county, or
782	781		regional program, other than an office of public guardian, that
783	782		provides guardianship and related services to an incapacitated
784	783		person or other person who needs assistance in making decisions
785	784		concerning the person's own welfare or financial affairs.
786	785		(5-a) "Office of public guardian" has the meaning
787	786		assigned by Section 1002.0215, Estates Code.
788	787		(6) "Private professional guardian" means a person,
789	788		other than an attorney, [or] a corporate fiduciary, or an office of
790	789		public guardian, who is engaged in the business of providing
791	790		guardianship services.
792	791		(6-a) "Public guardian" has the meaning assigned by
793	792		Section 1002.0265, Estates Code.
794	793		(6-b) Notwithstanding Section 151.001, "registration"
795	794		means registration of a guardianship under this chapter.
796	795		SECTION 13. Subchapter B, Chapter 155, Government Code, is
797	796		amended by adding Section 155.053 to read as follows:
798	797		Sec. 155.053. MONITORING OF COUNTY PUBLIC GUARDIANSHIP AND
799	798		RELATED SERVICES FUNDS. The office shall monitor counties to
800	799		ensure money is appropriately deposited into the public
801	800		guardianship and related services funds established by counties
802	801		under Section 118.067, Local Government Code, and being used in
803	802		compliance with that section. Not later than December 1 of each
804	803		year, the office shall submit a report to the legislature detailing
805	804		how money in the funds is being used by counties across the state.
806	805		SECTION 14. Section 155.101(a), Government Code, is amended
807	806		to read as follows:
808	807		(a) The commission shall adopt minimum standards for:
809	808		(1) the provision of guardianship services or other
810	809		similar but less restrictive types of assistance or services by:
811	810		(A) individuals employed by or contracting with
812	811		guardianship programs to provide the assistance or services on
813	812		behalf of the programs; and
814	813		(B) private professional guardians; [and]
815	814		(2) the provision of guardianship services by the
816	815		Health and Human Services Commission; and
817	816		(3) the provision of guardianship services by offices
818	817		of public guardians [Department of Aging and Disability Services or
819	818		its successor agency].
820	819		SECTION 15. Section 155.102(a), Government Code, is amended
821	820		to read as follows:
822	821		(a) To provide guardianship services in this state, the
823	822		following individuals must hold a certificate issued under this
824	823		section:
825	824		(1) an individual who is a private professional
826	825		guardian;
827	826		(2) an individual who will provide those services to a
828	827		ward of a private professional guardian on the guardian's behalf;
829	828		[and]
830	829		(3) an individual, other than a volunteer, who will
831	830		provide those services or other services under Section 161.114,
832	831		Human Resources Code, to a ward of a guardianship program or the
833	832		Health and Human Services Commission [Department of Aging and
834	833		Disability Services] on the program's or commission's
835	834		[department's] behalf;
836	835		(4) an individual who is a public guardian; and
837	836		(5) an individual who will provide those services to a
838	837		ward of an office of public guardian.
839	838		SECTION 16. Section 155.105, Government Code, is amended by
840	839		adding Subsection (b-1) to read as follows:
841	840		(b-1) Not later than January 31 of each year, each office of
842	841		public guardian shall provide to the commission a report containing
843	842		for the preceding year:
844	843		(1) the number of wards served by the office;
845	844		(2) the total amount of any money received from this
846	845		state for the provision of guardianship services; and
847	846		(3) the amount of money received from any other public
848	847		source, including a county or the federal government, for the
849	848		provision of guardianship services, reported by source, and the
850	849		total amount of money received from those public sources.
851	850		SECTION 17. Section 411.1386(a), Government Code, is
852	851		amended to read as follows:
853	852		(a) Except as provided by Subsections (a-1), (a-5), and
854	853		(a-6), the clerk of the county having venue over a proceeding for
855	854		the appointment of a guardian under Title 3, Estates Code, shall
856	855		obtain from the department criminal history record information
857	856		maintained by the department that relates to:
858	857		(1) a private professional guardian;
859	858		(2) each person who represents or plans to represent
860	859		the interests of a ward as a guardian on behalf of the private
861	860		professional guardian;
862	861		(3) each person employed by a private professional
863	862		guardian who will:
864	863		(A) have personal contact with a ward or proposed
865	864		ward;
866	865		(B) exercise control over and manage a ward's
867	866		estate; or
868	867		(C) perform any duties with respect to the
869	868		management of a ward's estate;
870	869		(4) each person employed by or volunteering or
871	870		contracting with a guardianship program to provide guardianship
872	871		services to a ward of the program on the program's behalf; [or]
873	872		(5) a public guardian, as defined by Section
874	873		1002.0265(1), Estates Code;
875	874		(6) each person who represents or plans to represent
876	875		the interests of a ward as a guardian on behalf of an office of
877	876		public guardian;
878	877		(7) each person employed by an office of public
879	878		guardian, as defined by Section 1002.0215, Estates Code, who will:
880	879		(A) have personal contact with a ward or proposed
881	880		ward;
882	881		(B) exercise control over and manage a ward's
883	882		estate; or
884	883		(C) perform any duties with respect to the
885	884		management of a ward's estate; or
886	885		(8) any other person proposed to serve as a guardian
887	886		under Title 3, Estates Code, including a proposed temporary
888	887		guardian and a proposed successor guardian, other than an attorney.
889	888		SECTION 18. Section 161.103, Human Resources Code, is
890	889		amended to read as follows:
891	890		Sec. 161.103. CONTRACT FOR GUARDIANSHIP SERVICES. (a) If
892	891		appropriate, the commission [department] may contract with a
893	892		political subdivision of this state, a guardianship program as
894	893		defined by Section 1002.016, Estates Code, a private agency, or
895	894		another state agency for the provision of guardianship services
896	895		under this section.
897	896		(b) A contract under Subsection (a) may allow for the
898	897		provision of guardianship services by an office of public guardian,
899	898		as defined by Section 1002.0215, Estates Code.
900	899		SECTION 19. Section 118.052, Local Government Code, is
901	900		amended to read as follows:
902	901		Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
903	902		shall collect the following fees for services rendered to any
904	903		person:
905	904		(1) CIVIL COURT ACTIONS
906	905		(A) Filing of Original Action (Sec. 118.053):
907	906		(i) Garnishment after judgment . . . $15.00
908	907		(ii) All others . . . $40.00
909	908		(B) Filing of Action Other than Original (Sec.
910	909		118.054) . . . $30.00
911	910		(C) Services Rendered After Judgment in Original
912	911		Action (Sec. 118.0545):
913	912		(i) Abstract of judgment . . . $ 5.00
914	913		(ii) Execution, order of sale, writ, or
915	914		other process . . . $ 5.00
916	915		(2) PROBATE COURT ACTIONS
917	916		(A) Probate Original Action (Sec. 118.055):
918	917		(i) Probate of a will with independent
919	918		executor, administration with will attached, administration of an
920	919		estate, guardianship or receivership of an estate, or muniment of
921	920		title . . . $40.00
922	921		(ii) Community survivors . . . $40.00
923	922		(iii) Small estates . . . $40.00
924	923		(iv) Declarations of heirship . . . $40.00
925	924		(v) Mental health or chemical dependency
926	925		services . . . $40.00
927	926		(vi) Additional, special fee (Sec. 118.064)
928	927		. . . $ 5.00
929	928		(B) Services in Pending Probate Action (Sec.
930	929		118.056):
931	930		(i) Filing an inventory and appraisement as
932	931		provided by Section 118.056(d) . . . $25.00
933	932		(ii) Approving and recording bond . . . $
934	933		3.00
935	934		(iii) Administering oath . . . $ 2.00
936	935		(iv) Filing annual or final account of
937	936		estate . . . $25.00
938	937		(v) Filing application for sale of real or
939	938		personal property . . . $25.00
940	939		(vi) Filing annual or final report of
941	940		guardian of a person . . . $10.00
942	941		(vii) Filing a document not listed under
943	942		this paragraph after the filing of an order approving the inventory
944	943		and appraisement or after the 120th day after the date of the
945	944		initial filing of the action, whichever occurs first, if more than
946	945		25 pages . . . $25.00
947	946		(C) Adverse Probate Action (Sec. 118.057) . . .
948	947		$40.00
949	948		(D) Claim Against Estate (Sec. 118.058) . . .
950	949		$10.00
951	950		(E) Supplemental Public [Court-Initiated]
952	951		Guardianship and Related Services Fee in Probate Original Actions
953	952		and Adverse Probate Actions (Sec. 118.067) . . . $20.00
954	953		(F) Supplemental Public Probate Administrator
955	954		Fee For Counties That Have Appointed a Public Probate Administrator
956	955		(Sec. 118.068) . . . $10.00
957	956		(3) OTHER FEES
958	957		(A) Issuing Document (Sec. 118.059):
959	958		original document and one copy . . . $ 4.00
960	959		each additional set of an original and one copy . . . $ 4.00
961	960		(B) Certified Papers (Sec. 118.060):
962	961		for the clerk's certificate . . . $ 5.00
963	962		plus a fee per page or part of a page of . . . $ 1.00
964	963		(C) Noncertified Papers (Sec. 118.0605):
965	964		for each page or part of a page . . . $ 1.00
966	965		(D) Letters Testamentary, Letter of
967	966		Guardianship, Letter of Administration, or Abstract of Judgment
968	967		(Sec. 118.061) . . . $ 2.00
969	968		(E) Deposit and Safekeeping of Wills (Sec.
970	969		118.062) . . . $ 5.00
971	970		(F) Mail Service of Process (Sec. 118.063) . . .
972	971		same as sheriff
973	972		(G) Records Management and Preservation Fee
974	973		. . . $ 5.00
975	974		(H) Records Technology and Infrastructure Fee if
976	975		authorized by the commissioners court of the county (Sec. 118.026)
977	976		. . . $ 2.00
978	977		SECTION 20. Section 118.067, Local Government Code, is
979	978		amended to read as follows:
980	979		Sec. 118.067. SUPPLEMENTAL PUBLIC [COURT-INITIATED]
981	980		GUARDIANSHIP AND RELATED SERVICES FEE. (a) The "supplemental
982	981		public [court-initiated] guardianship and related services fee"
983	982		under Section 118.052(2)(E) is for the support of guardianship
984	983		services provided by public guardians, as defined by Section
985	984		1002.0265 [the judiciary in guardianships initiated under Chapter
986	985		1102], Estates Code, or guardianship and other less restrictive
987	986		alternative services provided to indigent incapacitated persons
988	987		who do not have family members suitable and willing to serve as
989	988		guardians or provide less restrictive alternative services. Fees
990	989		collected under Section 118.052(2)(E) shall be deposited in a
991	990		public [court-initiated] guardianship and related services fund in
992	991		the county treasury and may be used only to supplement, rather than
993	992		supplant, other available county funds used to fund guardianship
994	993		services or other less restrictive alternative services provided to
995	994		individuals who are indigent[:
996	995		[(1) pay the compensation of a guardian ad litem
997	996		appointed by a court under Section 1102.001, Estates Code;
998	997		[(2) pay the compensation of an attorney ad litem
999	998		appointed by a court to represent a proposed ward in a guardianship
1000	999		proceeding initiated under Chapter 1102, Estates Code; and
1001	1000		[(3) fund local guardianship programs that provide
1002	1001		guardians for indigent incapacitated persons who do not have family
1003	1002		members suitable and willing to serve as guardians].
1004	1003		(b) The supplemental public [court-initiated] guardianship
1005	1004		and related services fee is charged for:
1006	1005		(1) a probate original action described by Section
1007	1006		118.055 and for which a fee is charged in accordance with Section
1008	1007		118.052(2)(A)(i), (ii), (iii), (iv), or (v); and
1009	1008		(2) an adverse probate action described by Section
1010	1009		118.057 and for which a fee is charged in accordance with Section
1011	1010		118.052(2)(C).
1012	1011		(c) The supplemental public [court-initiated] guardianship
1013	1012		and related services fee must be paid by the person against whom the
1014	1013		fee for a probate original action or adverse probate action, as
1015	1014		applicable, is charged and is due at the time that fee is due.
1016	1015		(d) The supplemental public [court-initiated] guardianship
1017	1016		and related services fee is in addition to all other fees charged in
1018	1017		probate original actions and adverse probate actions.
1019	1018		SECTION 21. Not later than January 1, 2020, the supreme
1020	1019		court shall adopt rules necessary to implement Subchapter G-1,
1021	1020		Chapter 1104, Estates Code, as added by this Act, including rules
1022	1021		governing the transfer of a guardianship of the person or of the
1023	1022		estate of a ward, or both, if appropriate, to an office of public
1024	1023		guardian established under that subchapter or a public guardian
1025	1024		contracted under that subchapter.
1026	1025		SECTION 22. (a) The changes in law made by this Act apply
1027	1026		only to the appointment of a guardian of the person or of the estate
1028	1027		of a ward, or both, made on or after July 1, 2020.
1029	1028		(b) Notwithstanding any other law, a person who,
1030	1029		immediately before July 1, 2020, is serving as guardian of the
1031	1030		person or of the estate of a ward, or both, who, under Section
1032	1031		1104.334, Estates Code, as added by this Act, would be eligible for
1033	1032		appointment of an office of public guardian as the ward's guardian,
1034	1033		may continue to serve as guardian of the person or of the estate of
1035	1034		the ward, or both, unless otherwise removed as provided by law.
1036	1035		SECTION 23. This Act takes effect September 1, 2019.