Texas 2019 - 86th Regular

Texas Senate Bill SB1975 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R31840 MTB-D
2	1		By: Zaffirini S.B. No. 1975
3		-	(Thompson of Harris)
4		-	Substitute the following for S.B. No. 1975: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to probate and guardianship matters and proceedings and
10	7		other matters involving probate courts.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Section 30.014(a), Civil Practice and Remedies
13	10		Code, is amended to read as follows:
14	11		(a) In a civil action, including a probate or guardianship
15	12		proceeding, filed in a district court, county court, [or] statutory
16	13		county court, or statutory probate court, each party or the party's
17	14		attorney shall include in its initial pleading:
18	15		(1) the last three numbers of the party's driver's
19	16		license number, if the party has been issued a driver's license; and
20	17		(2) the last three numbers of the party's social
21	18		security number, if the party has been issued a social security
22	19		number.
23	20		SECTION 2. Section 33.101, Estates Code, is amended to read
24	21		as follows:
25	22		Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
26	23		PROPER. If probate proceedings involving the same estate are
27	24		commenced in more than one county and the court making a
28	25		determination of venue as provided by Section 33.053 determines
29	26		that venue is proper in another county, the court clerk shall make
30	27		and retain a copy of the entire file in the case and transmit the
31	28		original file in electronic or paper form to the court in the county
32	29		in which venue is proper. The court to which the file is
33	30		transmitted shall conduct the proceeding in the same manner as if
34	31		the proceeding had originally been commenced in that county.
35	32		SECTION 3. Section 33.102(a), Estates Code, is amended to
36	33		read as follows:
37	34		(a) If it appears to the court at any time before the final
38	35		order in a probate proceeding is rendered that the court does not
39	36		have priority of venue over the proceeding, the court shall, on the
40	37		application of an interested person, transfer the proceeding to the
41	38		proper county by transmitting to the proper court in that county in
42	39		electronic or paper form:
43	40		(1) the original file in the case; and
44	41		(2) certified copies of all entries that have been
45	42		made in the judge's probate docket in the proceeding.
46	43		SECTION 4. Section 33.103, Estates Code, is amended by
47	44		adding Subsection (c) to read as follows:
48	45		(c) The transmittal under Subsection (b) of the original
49	46		file and the certified copy of the index may be in electronic or
50	47		paper form, except that an original will filed in the probate
51	48		proceeding, if any, must be delivered to the court to which the
52	49		proceeding is transferred.
53	50		SECTION 5. Section 51.003(b), Estates Code, is amended to
54	51		read as follows:
55	52		(b) A citation or notice issued by the county clerk must be
56	53		styled "The State of Texas" and be signed by the clerk under the
57	54		court's [clerk's] seal.
58	55		SECTION 6. Section 202.054, Estates Code, is amended to
59	56		read as follows:
60	57		Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE REQUIRED.
61	58		(a) The court may require that service of citation in a proceeding
62	59		to declare heirship be made by personal service on some or all of
63	60		those named as distributees in the application filed under Section
64	61		202.005.
65	62		(b) If a distributee to be cited under Subsection (a) is
66	63		absent from or is not a resident of this state, any disinterested
67	64		person competent to make an oath that the citation was served may
68	65		serve the citation.
69	66		SECTION 7. Section 351.351, Estates Code, is amended to
70	67		read as follows:
71	68		Sec. 351.351. APPLICABILITY. This subchapter does not
72	69		apply to:
73	70		(1) the appointment of an independent executor or
74	71		administrator under Section 401.002 or 401.003(a); or
75	72		(2) the appointment of a successor independent
76	73		administrator [executor] under Section 404.005.
77	74		SECTION 8. Section 404.0036(b), Estates Code, is amended to
78	75		read as follows:
79	76		(b) If an independent executor is removed by the court under
80	77		Section 404.003 or 404.0035, the court may, on application, appoint
81	78		a successor independent administrator [executor] as provided by
82	79		Section 404.005.
83	80		SECTION 9. The heading to Section 404.005, Estates Code, is
84	81		amended to read as follows:
85	82		Sec. 404.005. COURT-APPOINTED SUCCESSOR INDEPENDENT
86	83		ADMINISTRATOR [EXECUTOR].
87	84		SECTION 10. Sections 404.005(a), (b), (c), (h), and (i),
88	85		Estates Code, are amended to read as follows:
89	86		(a) If the will of a person who dies testate names an
90	87		independent executor who, having qualified, fails for any reason to
91	88		continue to serve, or is removed for cause by the court, and the
92	89		will does not name a successor independent executor or if each
93	90		successor executor named in the will fails for any reason to qualify
94	91		as executor or indicates by affidavit filed with the application
95	92		for an order continuing independent administration the successor
96	93		executor's inability or unwillingness to serve as successor
97	94		independent executor, all of the distributees of the decedent as of
98	95		the filing of the application for an order continuing independent
99	96		administration may apply to the probate court for the appointment
100	97		of a qualified person, firm, or corporation to serve as successor
101	98		independent administrator [executor]. If the probate court finds
102	99		that continued administration of the estate is necessary, the court
103	100		shall enter an order continuing independent administration and
104	101		appointing the person, firm, or corporation designated in the
105	102		application as successor independent administrator [executor],
106	103		unless the probate court finds that it would not be in the best
107	104		interest of the estate to do so. The successor independent
108	105		administrator [executor] shall serve with all of the powers and
109	106		privileges granted to the successor's predecessor independent
110	107		executor.
111	108		(b) Except as otherwise provided by this subsection, if a
112	109		distributee described in this section is an incapacitated person,
113	110		the guardian of the person of the distributee may sign the
114	111		application on behalf of the distributee. If the probate court
115	112		finds that either the continuing of independent administration or
116	113		the appointment of the person, firm, or corporation designated in
117	114		the application as successor independent administrator [executor]
118	115		would not be in the best interest of the incapacitated person, then,
119	116		notwithstanding Subsection (a), the court may not enter an order
120	117		continuing independent administration of the estate. If the
121	118		distributee is an incapacitated person and has no guardian of the
122	119		person, the court may appoint a guardian ad litem to make
123	120		application on behalf of the incapacitated person if the probate
124	121		court considers such an appointment necessary to protect the
125	122		interest of that distributee. If a distributee described in this
126	123		section is a minor and has no guardian of the person, a natural
127	124		guardian of the minor may sign the application for the order
128	125		continuing independent administration on the minor's behalf unless
129	126		a conflict of interest exists between the minor and the natural
130	127		guardian.
131	128		(c) Except as otherwise provided by this subsection, if a
132	129		trust is created in the decedent's will or if the decedent's will
133	130		devises property to a trustee as described by Section 254.001, the
134	131		person or class of persons entitled to receive property outright
135	132		from the trust on the decedent's death and those first eligible to
136	133		receive the income from the trust, determined as if the trust were
137	134		to be in existence on the date of the filing of the application for
138	135		an order continuing independent administration, shall, for the
139	136		purposes of this section, be considered to be the distributee or
140	137		distributees on behalf of the trust, and any other trust or trusts
141	138		coming into existence on the termination of the trust, and are
142	139		authorized to apply for an order continuing independent
143	140		administration on behalf of the trust without the consent or
144	141		agreement of the trustee or any other beneficiary of the trust, or
145	142		the trustee or any beneficiary of any other trust which may come
146	143		into existence on the termination of the trust. If a person
147	144		considered to be a distributee under this subsection is an
148	145		incapacitated person, the trustee or cotrustee may apply for the
149	146		order continuing independent administration or sign the
150	147		application on the incapacitated person's behalf if the trustee or
151	148		cotrustee is not the person proposed to serve as the independent
152	149		administrator [executor].
153	150		(h) If a successor independent administrator [executor] is
154	151		appointed under this section, then, unless the probate court shall
155	152		waive bond on application for waiver, the successor independent
156	153		administrator [executor] shall be required to enter into bond
157	154		payable to and to be approved by the judge and the judge's
158	155		successors in a sum that is found by the judge to be adequate under
159	156		all circumstances, or a bond with one surety in an amount that is
160	157		found by the judge to be adequate under all circumstances, if the
161	158		surety is an authorized corporate surety.
162	159		(i) Absent proof of fraud or collusion on the part of a
163	160		judge, the judge may not be held civilly liable for the commission
164	161		of misdeeds or the omission of any required act of any person, firm,
165	162		or corporation designated as a successor independent administrator
166	163		[executor] under this section. Section 351.354 does not apply to an
167	164		appointment of a successor independent administrator [executor]
168	165		under this section.
169	166		SECTION 11. Section 452.006, Estates Code, is amended by
170	167		adding Subsection (c) to read as follows:
171	168		(c) The appointee shall file with the court proof of service
172	169		of the notice required under Subsection (a) in the manner provided
173	170		by Section 51.103(b)(3).
174	171		SECTION 12. Section 503.002, Estates Code, is amended to
175	172		read as follows:
176	173		Sec. 503.002. RECORDING OF CERTAIN FOREIGN TESTAMENTARY
177	174		INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH [ORIGINAL SIGNATURES NOT
178	175		REQUIRED]. (a) An authenticated copy of a will or other
179	176		testamentary instrument described by Section 503.001(a), along
180	177		with a copy of the judgment, order, or decree by which the
181	178		instrument was admitted to probate that has the attestation and
182	179		certificate required by Section 501.002(c), that is written in
183	180		whole or in part in a language other than English may be filed for
184	181		recording in the deed records in any county in this state in which
185	182		the land conveyed or disposed of in the instrument is located if:
186	183		(1) a correct English translation is recorded with the
187	184		authenticated copies of the will or other testamentary instrument
188	185		and judgment, order, or decree by which the instrument was admitted
189	186		to probate; and
190	187		(2) the accuracy of the translation is sworn to before
191	188		an officer authorized to administer oaths [Notwithstanding Section
192	189		501.002(c), the original signatures required by that section may
193	190		not be required for a recordation in the deed records in accordance
194	191		with Section 503.001 or for a purpose described by Section 503.051
195	192		or 503.052].
196	193		(b) The recording of an authenticated copy of a will or
197	194		other testamentary instrument and a copy of the judgment, order, or
198	195		decree in the manner provided by Subsection (a) operates as
199	196		constructive notice from the date of filing to all persons of the:
200	197		(1) existence of the instrument; and
201	198		(2) title or titles conferred by the instrument.
202	199		SECTION 13. Section 1023.006, Estates Code, is amended to
203	200		read as follows:
204	201		Sec. 1023.006. TRANSFER OF RECORD. When an order of
205	202		transfer is made under Section 1023.005, the clerk shall record any
206	203		unrecorded papers of the guardianship required to be recorded. On
207	204		payment of the clerk's fee, the clerk shall transmit in electronic
208	205		or paper form to the county clerk of the county to which the
209	206		guardianship was ordered transferred:
210	207		(1) the case file of the guardianship proceedings; and
211	208		(2) a certified copy of the index of the guardianship
212	209		records.
213	210		SECTION 14. Section 1023.007, Estates Code, is amended to
214	211		read as follows:
215	212		Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring
216	213		a guardianship does not take effect until:
217	214		(1) the case file and a certified copy of the index
218	215		required by Section 1023.006 are filed in electronic or paper form
219	216		in the office of the county clerk of the county to which the
220	217		guardianship was ordered transferred; and
221	218		(2) a certificate under the clerk's official seal and
222	219		reporting the filing of the case file and a certified copy of the
223	220		index is filed in electronic or paper form in the court ordering the
224	221		transfer by the county clerk of the county to which the guardianship
225	222		was ordered transferred.
226	223		SECTION 15. Section 1051.003(b), Estates Code, is amended
227	224		to read as follows:
228	225		(b) A citation or notice issued by the county clerk must be
229	226		styled "The State of Texas" and be signed by the clerk under the
230	227		court's [clerk's] seal.
231	228		SECTION 16. The heading to Chapter 1054, Estates Code, is
232	229		amended to read as follows:
233	230		CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND
234	231		ATTORNEYS
235	232		SECTION 17. The heading to Subchapter E, Chapter 1054,
236	233		Estates Code, is amended to read as follows:
237	234		SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED]
238	235		ATTORNEY
239	236		SECTION 18. Section 1054.201, Estates Code, is amended by
240	237		amending Subsection (a) and adding Subsection (c) to read as
241	238		follows:
242	239		(a) Except as provided by Subsection (c), an [An] attorney
243	240		representing any person's interests [for an applicant for
244	241		guardianship and a court-appointed attorney] in a guardianship
245	242		proceeding, including an attorney ad litem, must be certified by
246	243		the State Bar of Texas, or a person or other entity designated by
247	244		the state bar, as having successfully completed a course of study in
248	245		guardianship law and procedure sponsored by the state bar or the
249	246		state bar's designee.
250	247		(c) An attorney may commence representation of a person's
251	248		interests and file an appearance in a guardianship proceeding
252	249		before completing the course required for certification under
253	250		Subsection (a), but must complete the course not later than the 14th
254	251		day after the date of filing the appearance and before filing any
255	252		substantive motion in the guardianship proceeding.
256	253		SECTION 19. Section 1101.001(b), Estates Code, is amended
257	254		to read as follows:
258	255		(b) The application must be sworn to by the applicant and
259	256		state:
260	257		(1) the proposed ward's name, sex, date of birth, and
261	258		address;
262	259		(2) the name, former name, if any, relationship, and
263	260		address of the person the applicant seeks to have appointed as
264	261		guardian;
265	262		(3) whether guardianship of the person or estate, or
266	263		both, is sought;
267	264		(3-a) whether alternatives to guardianship and
268	265		available supports and services to avoid guardianship were
269	266		considered;
270	267		(3-b) whether any alternatives to guardianship and
271	268		supports and services available to the proposed ward considered are
272	269		feasible and would avoid the need for a guardianship;
273	270		(4) the nature and degree of the alleged incapacity,
274	271		the specific areas of protection and assistance requested, and the
275	272		limitation or termination of rights requested to be included in the
276	273		court's order of appointment, including a termination of:
277	274		(A) the right of a proposed ward who is 18 years
278	275		of age or older to vote in a public election;
279	276		(B) the proposed ward's eligibility to hold or
280	277		obtain a license to operate a motor vehicle under Chapter 521,
281	278		Transportation Code; and
282	279		(C) the right of a proposed ward to make personal
283	280		decisions regarding residence;
284	281		(5) the facts requiring the appointment of a guardian;
285	282		(6) the interest of the applicant in the appointment
286	283		of a guardian;
287	284		(7) the nature and description of any kind of
288	285		guardianship existing for the proposed ward in any other state;
289	286		(8) the name and address of any person or institution
290	287		having the care and custody of the proposed ward;
291	288		(9) the approximate value and a detailed description
292	289		of the proposed ward's property, including:
293	290		(A) liquid assets, including any compensation,
294	291		pension, insurance, or allowance to which the proposed ward may be
295	292		entitled; and
296	293		(B) non-liquid assets, including real property;
297	294		(10) the name and address of any person whom the
298	295		applicant knows to hold a power of attorney signed by the proposed
299	296		ward and a description of the type of power of attorney;
300	297		(11) for a proposed ward who is a minor, the following
301	298		information if known by the applicant:
302	299		(A) the name of each of the proposed ward's
303	300		parents and either the parent's address or that the parent is
304	301		deceased;
305	302		(B) the name and age of each of the proposed
306	303		ward's siblings, if any, and either the sibling's address or that
307	304		the sibling is deceased; and
308	305		(C) if each of the proposed ward's parents and
309	306		adult siblings are deceased, the names and addresses of the
310	307		proposed ward's other living relatives who are related to the
311	308		proposed ward within the third degree by consanguinity and who are
312	309		adults;
313	310		(12) for a proposed ward who is a minor, whether the
314	311		minor was the subject of a legal or conservatorship proceeding in
315	312		the preceding two years and, if so:
316	313		(A) the court involved;
317	314		(B) the nature of the proceeding; and
318	315		(C) any final disposition of the proceeding;
319	316		(13) for a proposed ward who is an adult, the following
320	317		information if known by the applicant:
321	318		(A) the name of the proposed ward's spouse, if
322	319		any, and either the spouse's address or that the spouse is deceased;
323	320		(B) the name of each of the proposed ward's
324	321		parents and either the parent's address or that the parent is
325	322		deceased;
326	323		(C) the name and age of each of the proposed
327	324		ward's siblings, if any, and either the sibling's address or that
328	325		the sibling is deceased;
329	326		(D) the name and age of each of the proposed
330	327		ward's children, if any, and either the child's address or that the
331	328		child is deceased; and
332	329		(E) if there is no living spouse, parent, adult
333	330		sibling, or adult child of the proposed ward, the names and
334	331		addresses of the proposed ward's other living relatives who are
335	332		related to the proposed ward within the third degree by
336	333		consanguinity and who are adults;
337	334		(14) facts showing that the court has venue of the
338	335		proceeding; and
339	336		(15) if applicable, that the person whom the applicant
340	337		seeks to have appointed as a guardian is a private professional
341	338		guardian who is certified under Subchapter C, Chapter 155,
342	339		Government Code, and has complied with the requirements of
343	340		Subchapter G, Chapter 1104.
344	341		SECTION 20. Section 1101.153(a), Estates Code, is amended
345	342		to read as follows:
346	343		(a) A court order appointing a guardian must:
347	344		(1) specify:
348	345		(A) [(1)] the name of the person appointed;
349	346		(B) [(2)] the name of the ward;
350	347		(C) [(3)] whether the guardian is of the person
351	348		or estate of the ward, or both;
352	349		(D) [(4)] the amount of any bond required;
353	350		(E) [(5)] if it is a guardianship of the estate
354	351		of the ward and the court considers an appraisal to be necessary,
355	352		one, two, or three disinterested persons to appraise the estate and
356	353		to return the appraisement to the court; and
357	354		(F) [(6)] that the clerk will issue letters of
358	355		guardianship to the person appointed when the person has qualified
359	356		according to law; and
360	357		(2) if the court waives the guardian's training
361	358		requirement, contain a finding that the waiver is in accordance
362	359		with rules adopted by the supreme court under Section 155.203,
363	360		Government Code.
364	361		SECTION 21. Section 1104.402, Estates Code, is amended to
365	362		read as follows:
366	363		Sec. 1104.402. COURT CLERK'S DUTY TO OBTAIN CRIMINAL
367	364		HISTORY RECORD INFORMATION[; AUTHORITY TO CHARGE FEE]. [(a)]
368	365		Except as provided by Section [1104.403,] 1104.404[,] or
369	366		1104.406(a), the clerk of the county having venue of the proceeding
370	367		for the appointment of a guardian shall obtain criminal history
371	368		record information that is maintained by the Department of Public
372	369		Safety or the Federal Bureau of Investigation identification
373	370		division relating to:
374	371		(1) a private professional guardian;
375	372		(2) each person who represents or plans to represent
376	373		the interests of a ward as a guardian on behalf of the private
377	374		professional guardian;
378	375		(3) each person employed by a private professional
379	376		guardian who will:
380	377		(A) have personal contact with a ward or proposed
381	378		ward;
382	379		(B) exercise control over and manage a ward's
383	380		estate; or
384	381		(C) perform any duties with respect to the
385	382		management of a ward's estate;
386	383		(4) each person employed by or volunteering or
387	384		contracting with a guardianship program to provide guardianship
388	385		services to a ward of the program on the program's behalf; or
389	386		(5) any other person proposed to serve as a guardian
390	387		under this title, including a proposed temporary guardian and a
391	388		proposed successor guardian, other than an attorney.
392	389		[(b) The clerk may charge a $10 fee to recover the costs of
393	390		obtaining criminal history record information under Subsection
394	391		(a).]
395	392		SECTION 22. Section 1104.405(a), Estates Code, is amended
396	393		to read as follows:
397	394		(a) Criminal history record information obtained or
398	395		provided under Section 1104.402[, 1104.403,] or 1104.404 is
399	396		privileged and confidential and is for the exclusive use of the
400	397		court. The criminal history record information may not be released
401	398		or otherwise disclosed to any person or agency except on court order
402	399		or consent of the person being investigated.
403	400		SECTION 23. Subchapter A, Chapter 1151, Estates Code, is
404	401		amended by adding Section 1151.005 to read as follows:
405	402		Sec. 1151.005. LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR
406	403		WITNESS. The guardian of the person or of the estate of a ward may
407	404		not be excluded from attending a legal proceeding in which the ward
408	405		is:
409	406		(1) a party; or
410	407		(2) participating as a witness.
411	408		SECTION 24. Section 1253.001, Estates Code, is amended to
412	409		read as follows:
413	410		Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO
414	411		FOREIGN JURISDICTION. On application of the guardian or on the
415	412		court's own motion, a [A guardian of the person or estate may apply
416	413		to the] court that has jurisdiction over the guardianship may [to]
417	414		transfer the guardianship to a court in a foreign jurisdiction to
418	415		which the ward has permanently moved.
419	416		SECTION 25. Section 25.0006, Government Code, is amended by
420	417		amending Subsection (a) and adding Subsection (a-5) to read as
421	418		follows:
422	419		(a) Notwithstanding any other law except Subsection (a-4),
423	420		Subsections (a-1), (a-2), [and] (a-3), and (a-5) control over a
424	421		specific provision for a particular court or county that attempts
425	422		to create a requirement for a bond or insurance that conflicts with
426	423		those subsections.
427	424		(a-5) A bond executed under Subsection (a-1) by the judge
428	425		elected or appointed to a statutory county court or an insurance
429	426		policy obtained under Subsection (a-3) shall provide the same
430	427		coverage to a visiting judge assigned to the court as the bond or
431	428		insurance policy provides to the judge elected or appointed to the
432	429		court.
433	430		SECTION 26. Section 25.00231, Government Code, is amended
434	431		by adding Subsection (f) to read as follows:
435	432		(f) Notwithstanding Subsection (e), a bond executed under
436	433		Subsection (b) by the judge elected or appointed to a statutory
437	434		probate court or an insurance policy obtained under Subsection (c)
438	435		shall provide the same coverage to a visiting judge assigned to the
439	436		court as the bond or insurance policy provides to the judge elected
440	437		or appointed to the court.
441	438		SECTION 27. Section 26.001, Government Code, is amended by
442	439		adding Subsection (d) to read as follows:
443	440		(d) A bond executed under Subsection (a) by the judge
444	441		elected or appointed to a county court or an insurance policy
445	442		obtained under Subsection (c) shall provide the same coverage to a
446	443		visiting judge assigned to the court as the bond or insurance policy
447	444		provides to the judge elected or appointed to the court.
448	445		SECTION 28. Section 81.114, Government Code, is amended by
449	446		amending Subsection (a) and adding Subsection (e) to read as
450	447		follows:
451	448		(a) The state bar shall provide a course of instruction for
452	449		attorneys who represent any person's interests [parties] in
453	450		guardianship cases or who serve as court-appointed guardians.
454		-	(e) The ~~course~~ of ~~instruction~~ described by this section ~~must~~
455		-	~~be low-cost~~ ~~and available~~ to ~~persons throughout this state,~~
456		-	~~including on~~ the ~~Internet provided through the state bar~~.
	451	+	(e) The provider of a course described by this section may
	452	+	not charge more than the amount necessary to cover the costs of
	453	+	providing the course.
457	454		SECTION 29. Section 1104.403, Estates Code, is repealed.
458	455		SECTION 30. (a) Section 202.054, Estates Code, as amended
459	456		by this Act, applies only to a proceeding to declare heirship
460	457		commenced on or after the effective date of this Act. A proceeding
461	458		to declare heirship commenced before that date is governed by the
462	459		law in effect on the date the proceeding was commenced, and the
463	460		former law is continued in effect for that purpose.
464	461		(b) Section 452.006(c), Estates Code, as added by this Act,
465	462		applies only to a temporary administrator appointed on or after the
466	463		effective date of this Act. A temporary administrator appointed
467	464		before the effective date of this Act is governed by the law in
468	465		effect on the date the administrator was appointed, and the former
469	466		law is continued in effect for that purpose.
470	467		(c) Section 503.002, Estates Code, as amended by this Act,
471	468		applies only to a copy of a testamentary instrument or other
472	469		document filed for recording on or after the effective date of this
473	470		Act. A copy of a testamentary instrument or other document filed
474	471		before the effective date of this Act is governed by the law in
475	472		effect on the date the instrument or document was filed, and the
476	473		former law is continued in effect for that purpose.
477	474		(d) Section 1101.001, Estates Code, as amended by this Act,
478	475		applies only to an application for the appointment of a guardian
479	476		filed on or after the effective date of this Act. An application
480	477		for the appointment of a guardian filed before the effective date of
481	478		this Act is governed by the law in effect on the date the
482	479		application was filed, and the former law is continued in effect for
483	480		that purpose.
484	481		(e) Sections 1054.201 and 1101.153, Estates Code, as
485	482		amended by this Act, apply only to a guardianship proceeding
486	483		commenced on or after the effective date of this Act. A
487	484		guardianship proceeding commenced before the effective date of this
488	485		Act is governed by the law applicable to the proceeding immediately
489	486		before the effective date of this Act, and the former law is
490	487		continued in effect for that purpose.
491	488		(f) Section 1253.001, Estates Code, as amended by this Act,
492	489		applies to a guardianship created before, on, or after the
493	490		effective date of this Act.
494	491		(g) The changes in law made by this Act to Sections 25.0006,
495	492		25.00231, and 26.001, Government Code, apply only to an insurance
496	493		policy delivered, issued for delivery, or renewed on or after
497	494		January 1, 2020. An insurance policy delivered, issued for
498	495		delivery, or renewed before January 1, 2020, is governed by the law
499	496		as it existed immediately before the effective date of this Act, and
500	497		that law is continued in effect for that purpose.
501	498		SECTION 31. This Act takes effect September 1, 2019.