Texas 2019 - 86th Regular

Texas Senate Bill SB667 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 667
	1	+	By: Zaffirini S.B. No. 667
	2	+	(Thompson of Harris)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5		-	relating to ~~probate and guardianship matters~~ and certain ~~procedures~~
6		-	for persons who are incapacitated ~~or have a mental illness~~.
	7	+	relating to guardianships, management trusts, and certain other
	8	+	procedures and proceedings for persons who are incapacitated.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. Section 30.014(a), Civil Practice and Remedies
9		-	Code, is amended to read as follows:
10		-	(a) In a civil action, including a probate or guardianship
11		-	proceeding, filed in a district court, county court, [or] statutory
12		-	county court, or statutory probate court, each party or the party's
13		-	attorney shall include in its initial pleading:
14		-	(1) the last three numbers of the party's driver's
15		-	license number, if the party has been issued a driver's license; and
16		-	(2) the last three numbers of the party's social
17		-	security number, if the party has been issued a social security
18		-	number.
19		-	SECTION 2. Section 33.101, Estates Code, is amended to read
20		-	as follows:
21		-	Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
22		-	PROPER. If probate proceedings involving the same estate are
23		-	commenced in more than one county and the court making a
24		-	determination of venue as provided by Section 33.053 determines
25		-	that venue is proper in another county, the court clerk shall make
26		-	and retain a copy of the entire file in the case and transmit the
27		-	original file in electronic or paper form to the court in the county
28		-	in which venue is proper. The court to which the file is
29		-	transmitted shall conduct the proceeding in the same manner as if
30		-	the proceeding had originally been commenced in that county.
31		-	SECTION 3. Section 33.102(a), Estates Code, is amended to
32		-	read as follows:
33		-	(a) If it appears to the court at any time before the final
34		-	order in a probate proceeding is rendered that the court does not
35		-	have priority of venue over the proceeding, the court shall, on the
36		-	application of an interested person, transfer the proceeding to the
37		-	proper county by transmitting to the proper court in that county in
38		-	electronic or paper form:
39		-	(1) the original file in the case; and
40		-	(2) certified copies of all entries that have been
41		-	made in the judge's probate docket in the proceeding.
42		-	SECTION 4. Section 33.103, Estates Code, is amended by
43		-	adding Subsection (c) to read as follows:
44		-	(c) The transmittal under Subsection (b) of the original
45		-	file and the certified copy of the index may be in electronic or
46		-	paper form, except that an original will filed in the probate
47		-	proceeding, if any, must be delivered to the court to which the
48		-	proceeding is transferred.
49		-	SECTION 5. Section 51.003(b), Estates Code, is amended to
50		-	read as follows:
51		-	(b) A citation or notice issued by the county clerk must be
52		-	styled "The State of Texas" and be signed by the clerk under the
53		-	court's [clerk's] seal.
54		-	SECTION 6. Section 202.054, Estates Code, is amended to
55		-	read as follows:
56		-	Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE REQUIRED.
57		-	(a) The court may require that service of citation in a proceeding
58		-	to declare heirship be made by personal service on some or all of
59		-	those named as distributees in the application filed under Section
60		-	202.005.
61		-	(b) If a distributee to be cited under Subsection (a) is
62		-	absent from or is not a resident of this state, any disinterested
63		-	person competent to make an oath that the citation was served may
64		-	serve the citation.
65		-	SECTION 7. Section 351.351, Estates Code, is amended to
66		-	read as follows:
67		-	Sec. 351.351. APPLICABILITY. This subchapter does not
68		-	apply to:
69		-	(1) the appointment of an independent executor or
70		-	administrator under Section 401.002 or 401.003(a); or
71		-	(2) the appointment of a successor independent
72		-	administrator [executor] under Section 404.005.
73		-	SECTION 8. Section 404.0036(b), Estates Code, is amended to
74		-	read as follows:
75		-	(b) If an independent executor is removed by the court under
76		-	Section 404.003 or 404.0035, the court may, on application, appoint
77		-	a successor independent administrator [executor] as provided by
78		-	Section 404.005.
79		-	SECTION 9. The heading to Section 404.005, Estates Code, is
80		-	amended to read as follows:
81		-	Sec. 404.005. COURT-APPOINTED SUCCESSOR INDEPENDENT
82		-	ADMINISTRATOR [EXECUTOR].
83		-	SECTION 10. Sections 404.005(a), (b), (c), (h), and (i),
84		-	Estates Code, are amended to read as follows:
85		-	(a) If the will of a person who dies testate names an
86		-	independent executor who, having qualified, fails for any reason to
87		-	continue to serve, or is removed for cause by the court, and the
88		-	will does not name a successor independent executor or if each
89		-	successor executor named in the will fails for any reason to qualify
90		-	as executor or indicates by affidavit filed with the application
91		-	for an order continuing independent administration the successor
92		-	executor's inability or unwillingness to serve as successor
93		-	independent executor, all of the distributees of the decedent as of
94		-	the filing of the application for an order continuing independent
95		-	administration may apply to the probate court for the appointment
96		-	of a qualified person, firm, or corporation to serve as successor
97		-	independent administrator [executor]. If the probate court finds
98		-	that continued administration of the estate is necessary, the court
99		-	shall enter an order continuing independent administration and
100		-	appointing the person, firm, or corporation designated in the
101		-	application as successor independent administrator [executor],
102		-	unless the probate court finds that it would not be in the best
103		-	interest of the estate to do so. The successor independent
104		-	administrator [executor] shall serve with all of the powers and
105		-	privileges granted to the successor's predecessor independent
106		-	executor.
107		-	(b) Except as otherwise provided by this subsection, if a
108		-	distributee described in this section is an incapacitated person,
109		-	the guardian of the person of the distributee may sign the
110		-	application on behalf of the distributee. If the probate court
111		-	finds that either the continuing of independent administration or
112		-	the appointment of the person, firm, or corporation designated in
113		-	the application as successor independent administrator [executor]
114		-	would not be in the best interest of the incapacitated person, then,
115		-	notwithstanding Subsection (a), the court may not enter an order
116		-	continuing independent administration of the estate. If the
117		-	distributee is an incapacitated person and has no guardian of the
118		-	person, the court may appoint a guardian ad litem to make
119		-	application on behalf of the incapacitated person if the probate
120		-	court considers such an appointment necessary to protect the
121		-	interest of that distributee. If a distributee described in this
122		-	section is a minor and has no guardian of the person, a natural
123		-	guardian of the minor may sign the application for the order
124		-	continuing independent administration on the minor's behalf unless
125		-	a conflict of interest exists between the minor and the natural
126		-	guardian.
127		-	(c) Except as otherwise provided by this subsection, if a
128		-	trust is created in the decedent's will or if the decedent's will
129		-	devises property to a trustee as described by Section 254.001, the
130		-	person or class of persons entitled to receive property outright
131		-	from the trust on the decedent's death and those first eligible to
132		-	receive the income from the trust, determined as if the trust were
133		-	to be in existence on the date of the filing of the application for
134		-	an order continuing independent administration, shall, for the
135		-	purposes of this section, be considered to be the distributee or
136		-	distributees on behalf of the trust, and any other trust or trusts
137		-	coming into existence on the termination of the trust, and are
138		-	authorized to apply for an order continuing independent
139		-	administration on behalf of the trust without the consent or
140		-	agreement of the trustee or any other beneficiary of the trust, or
141		-	the trustee or any beneficiary of any other trust which may come
142		-	into existence on the termination of the trust. If a person
143		-	considered to be a distributee under this subsection is an
144		-	incapacitated person, the trustee or cotrustee may apply for the
145		-	order continuing independent administration or sign the
146		-	application on the incapacitated person's behalf if the trustee or
147		-	cotrustee is not the person proposed to serve as the independent
148		-	administrator [executor].
149		-	(h) If a successor independent administrator [executor] is
150		-	appointed under this section, then, unless the probate court shall
151		-	waive bond on application for waiver, the successor independent
152		-	administrator [executor] shall be required to enter into bond
153		-	payable to and to be approved by the judge and the judge's
154		-	successors in a sum that is found by the judge to be adequate under
155		-	all circumstances, or a bond with one surety in an amount that is
156		-	found by the judge to be adequate under all circumstances, if the
157		-	surety is an authorized corporate surety.
158		-	(i) Absent proof of fraud or collusion on the part of a
159		-	judge, the judge may not be held civilly liable for the commission
160		-	of misdeeds or the omission of any required act of any person, firm,
161		-	or corporation designated as a successor independent administrator
162		-	[executor] under this section. Section 351.354 does not apply to an
163		-	appointment of a successor independent administrator [executor]
164		-	under this section.
165		-	SECTION 11. Section 452.006, Estates Code, is amended by
166		-	adding Subsection (c) to read as follows:
167		-	(c) The appointee shall file with the court proof of service
168		-	of the notice required under Subsection (a) in the manner provided
169		-	by Section 51.103(b)(3).
170		-	SECTION 12. Section 503.002, Estates Code, is amended to
171		-	read as follows:
172		-	Sec. 503.002. RECORDING OF CERTAIN FOREIGN TESTAMENTARY
173		-	INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH [ORIGINAL SIGNATURES NOT
174		-	REQUIRED]. (a) An authenticated copy of a will or other
175		-	testamentary instrument described by Section 503.001(a), along
176		-	with a copy of the judgment, order, or decree by which the
177		-	instrument was admitted to probate that has the attestation and
178		-	certificate required by Section 501.002(c), that is written in
179		-	whole or in part in a language other than English may be filed for
180		-	recording in the deed records in any county in this state in which
181		-	the land conveyed or disposed of in the instrument is located if:
182		-	(1) a correct English translation is recorded with the
183		-	authenticated copies of the will or other testamentary instrument
184		-	and judgment, order, or decree by which the instrument was admitted
185		-	to probate; and
186		-	(2) the accuracy of the translation is sworn to before
187		-	an officer authorized to administer oaths [Notwithstanding Section
188		-	501.002(c), the original signatures required by that section may
189		-	not be required for a recordation in the deed records in accordance
190		-	with Section 503.001 or for a purpose described by Section 503.051
191		-	or 503.052].
192		-	(b) The recording of an authenticated copy of a will or
193		-	other testamentary instrument and a copy of the judgment, order, or
194		-	decree in the manner provided by Subsection (a) operates as
195		-	constructive notice from the date of filing to all persons of the:
196		-	(1) existence of the instrument; and
197		-	(2) title or titles conferred by the instrument.
198		-	SECTION 13. Chapter 1002, Estates Code, is amended by
199		-	adding Sections 1002.0215 and 1002.0265 to read as follows:
200		-	Sec. 1002.0215. OFFICE OF PUBLIC GUARDIAN. "Office of
201		-	public guardian" means an office of public guardian established by
202		-	the commissioners court of a county under Subchapter G-1, Chapter
203		-	1104.
204		-	Sec. 1002.0265. PUBLIC GUARDIAN. "Public guardian" means a
205		-	person:
206		-	(1) appointed to administer an office of public
207		-	guardian by the commissioners court of a county under Subchapter
208		-	G-1, Chapter 1104; or
209		-	(2) with which one or more counties enter into an
210		-	agreement under Section 1104.327(a)(2) or (d).
211		-	SECTION 14. Section 1021.001, Estates Code, is amended to
	10	+	SECTION 1. Section 1021.001, Estates Code, is amended to
212	11		read as follows:
213	12		Sec. 1021.001. MATTERS RELATED TO GUARDIANSHIP PROCEEDING.
214	13		(a) For purposes of this code, in a county in which there is no
215	14		statutory probate court or county court of law exercising original
216	15		probate jurisdiction, a matter related to a guardianship proceeding
217	16		includes:
218	17		(1) the granting of letters of guardianship;
219	18		(2) the settling of an account of a guardian and all
220	19		other matters relating to the settlement, partition, or
221	20		distribution of a ward's estate;
222	21		(3) a claim brought by or against a guardianship
223	22		estate;
224	23		(4) an action for trial of title to real property that
225	24		is guardianship estate property, including the enforcement of a
226	25		lien against the property;
227	26		(5) an action for trial of the right of property that
228	27		is guardianship estate property;
229	28		(6) after a guardianship of the estate of a ward is
230	29		required to be settled as provided by Section 1204.001:
231	30		(A) an action brought by or on behalf of the
232	31		former ward against a former guardian of the ward for alleged
233	32		misconduct arising from the performance of the person's duties as
234	33		guardian;
235	34		(B) an action calling on the surety of a guardian
236	35		or former guardian to perform in place of the guardian or former
237	36		guardian, which may include the award of a judgment against the
238	37		guardian or former guardian in favor of the surety;
239	38		(C) an action against a former guardian of the
240	39		former ward that is brought by a surety that is called on to perform
241	40		in place of the former guardian;
242	41		(D) a claim for the payment of compensation,
243	42		expenses, and court costs, and any other matter authorized under
244	43		Chapter 1155; and
245	44		(E) a matter related to an authorization made or
246	45		duty performed by a guardian under Chapter 1204; and
247	46		(7) the appointment of a trustee for a trust created
248	47		under Section 1301.053 or 1301.054, the settling of an account of
249	48		the trustee, and all other matters relating to the trust.
250	49		(a-1) For purposes of this code, in a county in which there
251	50		is no statutory probate court, but in which there is a county court
252	51		at law exercising original probate jurisdiction, a matter related
253	52		to a guardianship proceeding includes:
254	53		(1) all matters and actions described in Subsection
255	54		(a);
256	55		(2) the interpretation and administration of a
257	56		testamentary trust in which a ward is an income or remainder
258	57		beneficiary; and
259	58		(3) the interpretation and administration of an inter
260	59		vivos trust in which a ward is an income or remainder beneficiary.
261	60		(b) For purposes of this code, in a county in which there is
262	61		a statutory probate court, a matter related to a guardianship
263	62		proceeding includes:
264	63		(1) all matters and actions described in Subsections
265	64		[Subsection] (a) and (a-1);
266	65		(2) a suit, action, or application filed against or on
267	66		behalf of a guardianship or a trustee of a trust created under
268	67		Section 1301.053 or 1301.054; and
269	68		(3) a cause of action in which a guardian in a
270	69		guardianship pending in the statutory probate court is a party.
271		-	SECTION 15. Section ~~1023~~.~~006~~, Estates Code, is amended to
	70	+	SECTION 2. Section 1151.351(b), Estates Code, is amended to
272	71		read as follows:
273		-	Sec. 1023.006. TRANSFER OF RECORD. When an order of
274		-	transfer is made under Section 1023.005, the clerk shall record any
275		-	unrecorded papers of the guardianship required to be recorded. On
276		-	payment of the clerk's fee, the clerk shall transmit in electronic
277		-	or paper form to the county clerk of the county to which the
278		-	guardianship was ordered transferred:
279		-	(1) the case file of the guardianship proceedings; and
280		-	(2) a certified copy of the index of the guardianship
281		-	records.
282		-	SECTION 16. Section 1023.007, Estates Code, is amended to
283		-	read as follows:
284		-	Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring
285		-	a guardianship does not take effect until:
286		-	(1) the case file and a certified copy of the index
287		-	required by Section 1023.006 are filed in electronic or paper form
288		-	in the office of the county clerk of the county to which the
289		-	guardianship was ordered transferred; and
290		-	(2) a certificate under the clerk's official seal and
291		-	reporting the filing of the case file and a certified copy of the
292		-	index is filed in electronic or paper form in the court ordering the
293		-	transfer by the county clerk of the county to which the guardianship
294		-	was ordered transferred.
295		-	SECTION 17. Section 1051.003(b), Estates Code, is amended
296		-	to read as follows:
297		-	(b) A citation or notice issued by the county clerk must be
298		-	styled "The State of Texas" and be signed by the clerk under the
299		-	court's [clerk's] seal.
300		-	SECTION 18. The heading to Chapter 1054, Estates Code, is
301		-	amended to read as follows:
302		-	CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND
303		-	ATTORNEYS
304		-	SECTION 19. The heading to Subchapter E, Chapter 1054,
305		-	Estates Code, is amended to read as follows:
306		-	SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED]
307		-	ATTORNEY
308		-	SECTION 20. Section 1054.201, Estates Code, is amended by
309		-	amending Subsection (a) and adding Subsection (c) to read as
310		-	follows:
311		-	(a) Except as provided by Subsection (c), an [An] attorney
312		-	representing any person's interests [for an applicant for
313		-	guardianship and a court-appointed attorney] in a guardianship
314		-	proceeding, including an attorney ad litem, must be certified by
315		-	the State Bar of Texas, or a person or other entity designated by
316		-	the state bar, as having successfully completed a course of study in
317		-	guardianship law and procedure sponsored by the state bar or the
318		-	state bar's designee.
319		-	(c) An attorney may commence representation of a person's
320		-	interests and file an appearance in a guardianship proceeding
321		-	before completing the course required for certification under
322		-	Subsection (a), but must complete the course not later than the 14th
323		-	day after the date of filing the appearance and before filing any
324		-	substantive motion in the guardianship proceeding.
325		-	SECTION 21. Section 1101.001(b), Estates Code, is amended
326		-	to read as follows:
327		-	(b) The application must be sworn to by the applicant and
328		-	state:
329		-	(1) the proposed ward's name, sex, date of birth, and
330		-	address;
331		-	(2) the name, former name, if any, relationship, and
332		-	address of the person the applicant seeks to have appointed as
333		-	guardian;
334		-	(3) whether guardianship of the person or estate, or
335		-	both, is sought;
336		-	(3-a) whether alternatives to guardianship and
337		-	available supports and services to avoid guardianship were
338		-	considered;
339		-	(3-b) whether any alternatives to guardianship and
340		-	supports and services available to the proposed ward considered are
341		-	feasible and would avoid the need for a guardianship;
342		-	(4) the nature and degree of the alleged incapacity,
343		-	the specific areas of protection and assistance requested, and the
344		-	limitation or termination of rights requested to be included in the
345		-	court's order of appointment, including a termination of:
346		-	(A) the right of a proposed ward who is 18 years
347		-	of age or older to vote in a public election;
348		-	(B) the proposed ward's eligibility to hold or
349		-	obtain a license to operate a motor vehicle under Chapter 521,
350		-	Transportation Code; and
351		-	(C) the right of a proposed ward to make personal
352		-	decisions regarding residence;
353		-	(5) the facts requiring the appointment of a guardian;
354		-	(6) the interest of the applicant in the appointment
355		-	of a guardian;
356		-	(7) the nature and description of any kind of
357		-	guardianship existing for the proposed ward in any other state;
358		-	(8) the name and address of any person or institution
359		-	having the care and custody of the proposed ward;
360		-	(9) the approximate value and a detailed description
361		-	of the proposed ward's property, including:
362		-	(A) liquid assets, including any compensation,
363		-	pension, insurance, or allowance to which the proposed ward may be
364		-	entitled; and
365		-	(B) non-liquid assets, including real property;
366		-	(10) the name and address of any person whom the
367		-	applicant knows to hold a power of attorney signed by the proposed
368		-	ward and a description of the type of power of attorney;
369		-	(11) for a proposed ward who is a minor, the following
370		-	information if known by the applicant:
371		-	(A) the name of each of the proposed ward's
372		-	parents and either the parent's address or that the parent is
373		-	deceased;
374		-	(B) the name and age of each of the proposed
375		-	ward's siblings, if any, and either the sibling's address or that
376		-	the sibling is deceased; and
377		-	(C) if each of the proposed ward's parents and
378		-	adult siblings are deceased, the names and addresses of the
379		-	proposed ward's other living relatives who are related to the
380		-	proposed ward within the third degree by consanguinity and who are
381		-	adults;
382		-	(12) for a proposed ward who is a minor, whether the
383		-	minor was the subject of a legal or conservatorship proceeding in
384		-	the preceding two years and, if so:
385		-	(A) the court involved;
386		-	(B) the nature of the proceeding; and
387		-	(C) any final disposition of the proceeding;
388		-	(13) for a proposed ward who is an adult, the following
389		-	information if known by the applicant:
390		-	(A) the name of the proposed ward's spouse, if
391		-	any, and either the spouse's address or that the spouse is deceased;
392		-	(B) the name of each of the proposed ward's
393		-	parents and either the parent's address or that the parent is
394		-	deceased;
395		-	(C) the name and age of each of the proposed
396		-	ward's siblings, if any, and either the sibling's address or that
397		-	the sibling is deceased;
398		-	(D) the name and age of each of the proposed
399		-	ward's children, if any, and either the child's address or that the
400		-	child is deceased; and
401		-	(E) if there is no living spouse, parent, adult
402		-	sibling, or adult child of the proposed ward, the names and
403		-	addresses of the proposed ward's other living relatives who are
404		-	related to the proposed ward within the third degree by
405		-	consanguinity and who are adults;
406		-	(14) facts showing that the court has venue of the
407		-	proceeding; and
408		-	(15) if applicable, that the person whom the applicant
409		-	seeks to have appointed as a guardian is a private professional
410		-	guardian who is certified under Subchapter C, Chapter 155,
411		-	Government Code, and has complied with the requirements of
412		-	Subchapter G, Chapter 1104.
413		-	SECTION 22. Section 1101.153(a), Estates Code, is amended
414		-	to read as follows:
415		-	(a) A court order appointing a guardian must:
416		-	(1) specify:
417		-	(A) [(1)] the name of the person appointed;
418		-	(B) [(2)] the name of the ward;
419		-	(C) [(3)] whether the guardian is of the person
420		-	or estate of the ward, or both;
421		-	(D) [(4)] the amount of any bond required;
422		-	(E) [(5)] if it is a guardianship of the estate
423		-	of the ward and the court considers an appraisal to be necessary,
424		-	one, two, or three disinterested persons to appraise the estate and
425		-	to return the appraisement to the court; and
426		-	(F) [(6)] that the clerk will issue letters of
427		-	guardianship to the person appointed when the person has qualified
428		-	according to law; and
429		-	(2) if the court waives the guardian's training
430		-	requirement, contain a finding that the waiver is in accordance
431		-	with rules adopted by the supreme court under Section 155.203,
432		-	Government Code.
433		-	SECTION 23. Section 1104.251(a), Estates Code, is amended
434		-	to read as follows:
435		-	(a) An individual must be certified under Subchapter C,
436		-	Chapter 155, Government Code, if the individual:
437		-	(1) is a private professional guardian;
438		-	(2) will represent the interests of a ward as a
439		-	guardian on behalf of a private professional guardian;
440		-	(3) is providing guardianship services to a ward of a
441		-	guardianship program on the program's behalf, except as provided by
442		-	Section 1104.254; [or]
443		-	(4) is an employee of the Health and Human Services
444		-	Commission [Department of Aging and Disability Services] providing
445		-	guardianship services to a ward of the commission;
446		-	(5) is a public guardian; or
447		-	(6) will represent the interests of a ward as a
448		-	guardian on behalf of a public guardian [department].
449		-	SECTION 24. Chapter 1104, Estates Code, is amended by
450		-	adding Subchapter G-1 to read as follows:
451		-	SUBCHAPTER G-1. PUBLIC GUARDIANS
452		-	Sec. 1104.326. DEFINITION. In this subchapter, unless the
453		-	context otherwise requires, "office" means an office of public
454		-	guardian established under this subchapter.
455		-	Sec. 1104.327. ESTABLISHMENT OF OFFICES; PUBLIC GUARDIANS.
456		-	(a) The commissioners court of a county by order may:
457		-	(1) create an office of public guardian to provide
458		-	guardianship services described by Section 1104.334 to
459		-	incapacitated persons; or
460		-	(2) enter into an agreement with a person operating a
461		-	nonprofit guardianship program or private professional
462		-	guardianship program located in the county or in an adjacent county
463		-	to act as a public guardian by providing guardianship services
464		-	described by Section 1104.334 to incapacitated persons.
465		-	(b) Subject to Subsection (c) and Section 1104.328, the
466		-	commissioners court of a county shall appoint an individual as
467		-	public guardian to administer the office of public guardian
468		-	established under Subsection (a)(1) and may employ or authorize the
469		-	public guardian to employ personnel necessary to perform the duties
470		-	of the office, including personnel who will represent the interests
471		-	of a ward as a guardian on behalf of the office if approved by the
472		-	commissioners court.
473		-	(c) The commissioners court of a county may enter into an
474		-	agreement with an individual to act as public guardian under
475		-	Subsection (b) on a part-time basis with appropriate compensation
476		-	if:
477		-	(1) the commissioners court determines a full-time
478		-	appointment does not serve the needs of the county; and
479		-	(2) the individual who is appointed on a part-time
480		-	basis is not employed in or does not hold another position that
481		-	presents a conflict of interest.
482		-	(d) The commissioners courts of two or more counties may
483		-	collectively enter into an agreement:
484		-	(1) to create and fund an office of public guardian for
485		-	purposes of Subsection (a)(1) and to appoint the same individual as
486		-	public guardian to that office under Subsection (b); or
487		-	(2) with a person operating a guardianship program
488		-	described by Subsection (a)(2) to serve as a public guardian for
489		-	purposes of that subdivision.
490		-	(e) An individual appointed as public guardian under
491		-	Subsection (b) serves a term of five years.
492		-	Sec. 1104.328. QUALIFICATIONS OF PUBLIC GUARDIAN. To be
493		-	appointed as public guardian under Section 1104.327(b), an
494		-	individual must:
495		-	(1) be a licensed attorney or be certified under
496		-	Subchapter C, Chapter 155, Government Code; and
497		-	(2) have demonstrable guardianship experience.
498		-	Sec. 1104.329. CONFLICT OF INTEREST. (a) Except as
499		-	provided by Subsection (b), an office or public guardian must be
500		-	independent from providers of services to wards and proposed wards
501		-	and may not directly provide housing, medical, legal, or other
502		-	direct, non-surrogate decision-making services to a ward or
503		-	proposed ward, unless approved by the court.
504		-	(b) An office or public guardian may provide money
505		-	management services described by Section 531.125, Government Code,
506		-	or other representative payee services to a ward or proposed ward.
507		-	Sec. 1104.330. COMPENSATION. A person appointed or acting
508		-	as public guardian under Section 1104.327 shall receive
509		-	compensation as set by the commissioners court and is not entitled
510		-	to compensation under Subchapter A, Chapter 1155, unless approved
511		-	by the court or the person is appointed as guardian of a ward in
512		-	accordance with Section 1104.334(a)(2)(B).
513		-	Sec. 1104.331. BOND REQUIREMENT. (a) A public guardian
514		-	shall file with the court clerk a general bond in an amount fixed by
515		-	the commissioners court payable to the county and issued by a surety
516		-	company approved by the county judge. The bond must be conditioned
517		-	on the faithful performance by the person of the person's duties
518		-	and, if the public guardian administers an office, the office's
519		-	duties.
520		-	(b) The bond required by this section satisfies any bond
521		-	required under Chapter 1105.
522		-	Sec. 1104.332. VACANCY. If an individual appointed as
523		-	public guardian under Section 1104.327(b) vacates the position, the
524		-	commissioners court shall appoint, subject to Section 1104.328, an
525		-	individual to serve as public guardian for the unexpired term.
526		-	Sec. 1104.333. POWERS AND DUTIES. (a) An office or public
527		-	guardian shall:
528		-	(1) if applicable, evaluate the financial status of a
529		-	proposed ward to determine whether the proposed ward is eligible to
530		-	have the office or public guardian appointed guardian of the ward
531		-	under Section 1104.334(a)(2)(A); and
532		-	(2) serve as guardian of the person or of the estate of
533		-	a ward, or both, on appointment by a court in accordance with the
534		-	requirements of this title.
535		-	(b) In connection with a financial evaluation under
536		-	Subsection (a)(1) and on the request of an office or public
537		-	guardian, a court with jurisdiction over the guardianship
538		-	proceeding may order the release of public and private records,
539		-	including otherwise confidential records, to the office or public
540		-	guardian.
541		-	(c) Notwithstanding Section 552.261, Government Code, a
542		-	state agency may not charge an office or public guardian for
543		-	providing the office or public guardian with a copy of public
544		-	information requested from the agency by the office or public
545		-	guardian.
546		-	Sec. 1104.334. APPOINTMENT OF OFFICE OR PUBLIC GUARDIAN AS
547		-	GUARDIAN. (a) In accordance with applicable law, including
548		-	Subchapter C, Chapter 1101, a court may appoint an office or public
549		-	guardian to serve as guardian of the person or of the estate of a
550		-	ward, or both, if:
551		-	(1) on the date the guardianship application is filed,
552		-	the ward resides in or is located in the county served by the office
553		-	or public guardian; and
554		-	(2) the court finds that the ward:
555		-	(A) does not have sufficient assets or other
556		-	resources to pay a private professional guardian to serve as the
557		-	ward's guardian and the appointment is in the ward's best interest;
558		-	or
559		-	(B) has sufficient assets or other resources to
560		-	pay a private professional guardian to serve as the ward's
561		-	guardian, the appointment is in the ward's best interest, and:
562		-	(i) the ward's family members who are
563		-	eligible for appointment as the ward's guardian agree to the
564		-	appointment of an office or public guardian to serve as the ward's
565		-	guardian or are unable to agree on the person or persons that should
566		-	be appointed as the ward's guardian; or
567		-	(ii) the ward does not have a family member,
568		-	friend, or other suitable person willing and able to serve as the
569		-	ward's guardian.
570		-	(b) For purposes of Subsection (a)(2), the determination of
571		-	a ward's ability to pay a private professional guardian is
572		-	dependent on:
573		-	(1) the nature, extent, and liquidity of the ward's
574		-	assets;
575		-	(2) the ward's disposable net income, including income
576		-	of a recipient of medical assistance that is used to pay expenses
577		-	under Section 1155.202(a);
578		-	(3) the nature of the guardianship;
579		-	(4) the type, duration, and complexity of services
580		-	required by the ward; and
581		-	(5) additional, foreseeable expenses.
582		-	(c) The number of appointments of an office under this
583		-	section may not exceed 35 wards for each guardian representing the
584		-	interests of wards on behalf of the office.
585		-	(d) If each guardian representing the interests of wards on
586		-	behalf of an office reaches the limitation provided by Subsection
587		-	(c), the office shall immediately give notice to the courts.
588		-	Sec. 1104.335. CONFIDENTIALITY AND DISCLOSURE OF
589		-	INFORMATION. (a) All files, reports, records, communications, or
590		-	working papers used or developed by an office or public guardian in
591		-	the performance of duties relating to a financial evaluation under
592		-	Section 1104.333(a)(1) or the provision of guardianship services
593		-	are confidential and not subject to disclosure under Chapter 552,
594		-	Government Code.
595		-	(b) Confidential information may be disclosed only for a
596		-	purpose consistent with this subchapter, as required by other state
597		-	or federal law, or as necessary to enable an office or public
598		-	guardian to exercise the powers and duties as guardian of the person
599		-	or of the estate of a ward, or both.
600		-	(c) A court on its own motion or on the motion of an
601		-	interested person may order disclosure of confidential information
602		-	only if:
603		-	(1) a hearing on the motion is conducted;
604		-	(2) notice of the hearing is served on the office or
605		-	public guardian and each interested person; and
606		-	(3) the court determines after the hearing and an in
607		-	camera review of the information that disclosure is essential to
608		-	the administration of justice and will not endanger the life or
609		-	safety of any individual who:
610		-	(A) is being assessed for guardianship services;
611		-	(B) is a ward of the office or public guardian; or
612		-	(C) provides services to a ward of the office or
613		-	public guardian.
614		-	(d) The Office of Court Administration of the Texas Judicial
615		-	System shall establish policies and procedures for the exchange of
616		-	information between offices, public guardians, and other
617		-	appropriate governmental entities, as necessary for offices,
618		-	public guardians, and governmental entities to properly execute
619		-	their respective duties and responsibilities relating to
620		-	guardianship services or other needed services for a ward. An
621		-	exchange of information under this subsection does not constitute a
622		-	release for purposes of waiving the confidentiality of the
623		-	information exchanged.
624		-	(e) To the extent consistent with policies and procedures
625		-	adopted by an office or public guardian, the office or public
626		-	guardian on request may release confidential information in the
627		-	record of an individual who is a former ward of the office or public
628		-	guardian to:
629		-	(1) the individual;
630		-	(2) the individual's guardian; or
631		-	(3) an executor or administrator of the individual's
632		-	estate.
633		-	(f) Before releasing confidential information under
634		-	Subsection (e), an office or public guardian shall edit the
635		-	information to protect the identity of any individual whose life or
636		-	safety may be endangered by the release. A release of information
637		-	under Subsection (e) does not constitute a release for purposes of
638		-	waiving the confidentiality of the information released.
639		-	Sec. 1104.336. CERTAIN ADMINISTRATIVE COSTS. (a) If an
640		-	office or public guardian is appointed guardian of the person or of
641		-	the estate of a ward, or both, the administrative costs of the
642		-	guardianship services provided to the ward may not be charged to the
643		-	ward's estate unless the court determines, subject to Subsection
644		-	(b), that the ward is financially able to pay all or part of the
645		-	costs.
646		-	(b) A court shall measure a ward's ability to pay for costs
647		-	under Subsection (a) by whether the ward has sufficient assets or
648		-	other resources to pay a private professional guardian to serve as
649		-	the ward's guardian in accordance with Section 1104.334(b).
650		-	Sec. 1104.337. OFFICE OF COURT ADMINISTRATION OF THE TEXAS
651		-	JUDICIAL SYSTEM; REPORT. (a) Not later than December 1 of each
652		-	even-numbered year, the Office of Court Administration of the Texas
653		-	Judicial System shall submit a report to the governor and the
654		-	legislature that contains an evaluation of public guardians
655		-	established under this subchapter, including the establishment and
656		-	operation of offices of public guardians under this subchapter and
657		-	the provision of guardianship services by the offices. The report
658		-	must include:
659		-	(1) an analysis of costs and offsetting savings or
660		-	other benefits to the state as a result of the establishment and
661		-	operation of offices and public guardians under this subchapter;
662		-	and
663		-	(2) recommendations for legislation, if any.
664		-	(b) If it is cost-effective and feasible, the Office of
665		-	Court Administration of the Texas Judicial System may contract with
666		-	an appropriate research or public policy entity with expertise in
667		-	gerontology, disabilities, and public administration to conduct
668		-	the analysis described by Subsection (a)(1).
669		-	Sec. 1104.338. RULES. The supreme court, in consultation
670		-	with the Office of Court Administration of the Texas Judicial
671		-	System and the presiding judge of the statutory probate courts
672		-	elected under Section 25.0022, Government Code, shall adopt rules
673		-	necessary to implement this subchapter.
674		-	SECTION 25. Section 1104.402, Estates Code, is amended to
675		-	read as follows:
676		-	Sec. 1104.402. COURT CLERK'S DUTY TO OBTAIN CRIMINAL
677		-	HISTORY RECORD INFORMATION[; AUTHORITY TO CHARGE FEE].
678		-	[(a)] Except as provided by Section [1104.403,] 1104.404[,] or
679		-	1104.406(a), the clerk of the county having venue of the proceeding
680		-	for the appointment of a guardian shall obtain criminal history
681		-	record information that is maintained by the Department of Public
682		-	Safety or the Federal Bureau of Investigation identification
683		-	division relating to:
684		-	(1) a private professional guardian;
685		-	(2) each person who represents or plans to represent
686		-	the interests of a ward as a guardian on behalf of the private
687		-	professional guardian;
688		-	(3) each person employed by a private professional
689		-	guardian who will:
690		-	(A) have personal contact with a ward or proposed
691		-	ward;
692		-	(B) exercise control over and manage a ward's
693		-	estate; or
694		-	(C) perform any duties with respect to the
695		-	management of a ward's estate;
696		-	(4) each person employed by or volunteering or
697		-	contracting with a guardianship program to provide guardianship
698		-	services to a ward of the program on the program's behalf; or
699		-	(5) any other person proposed to serve as a guardian
700		-	under this title, including a proposed temporary guardian and a
701		-	proposed successor guardian, other than an attorney.
702		-	[(b) The clerk may charge a $10 fee to recover the costs of
703		-	obtaining criminal history record information under Subsection
704		-	(a).]
705		-	SECTION 26. Section 1104.402(a), Estates Code, is amended
706		-	to read as follows:
707		-	(a) Except as provided by Section 1104.403, 1104.404, or
708		-	1104.406(a), the clerk of the county having venue of the proceeding
709		-	for the appointment of a guardian shall obtain criminal history
710		-	record information that is maintained by the Department of Public
711		-	Safety or the Federal Bureau of Investigation identification
712		-	division relating to:
713		-	(1) a private professional guardian;
714		-	(2) each person who represents or plans to represent
715		-	the interests of a ward as a guardian on behalf of the private
716		-	professional guardian;
717		-	(3) each person employed by a private professional
718		-	guardian who will:
719		-	(A) have personal contact with a ward or proposed
720		-	ward;
721		-	(B) exercise control over and manage a ward's
722		-	estate; or
723		-	(C) perform any duties with respect to the
724		-	management of a ward's estate;
725		-	(4) each person employed by or volunteering or
726		-	contracting with a guardianship program to provide guardianship
727		-	services to a ward of the program on the program's behalf; [or]
728		-	(5) a public guardian appointed under Section
729		-	1104.327(b);
730		-	(6) each person who represents or plans to represent
731		-	the interests of a ward as a guardian on behalf of an office of
732		-	public guardian;
733		-	(7) each person employed by an office of public
734		-	guardian who will:
735		-	(A) have personal contact with a ward or proposed
736		-	ward;
737		-	(B) exercise control over and manage a ward's
738		-	estate; or
739		-	(C) perform any duties with respect to the
740		-	management of a ward's estate; or
741		-	(8) any other person proposed to serve as a guardian
742		-	under this title, including a proposed temporary guardian and a
743		-	proposed successor guardian, other than an attorney.
744		-	SECTION 27. Section 1104.405(a), Estates Code, is amended
745		-	to read as follows:
746		-	(a) Criminal history record information obtained or
747		-	provided under Section 1104.402[, 1104.403,] or 1104.404 is
748		-	privileged and confidential and is for the exclusive use of the
749		-	court. The criminal history record information may not be released
750		-	or otherwise disclosed to any person or agency except on court order
751		-	or consent of the person being investigated.
752		-	SECTION 28. Section 1104.409, Estates Code, is amended to
753		-	read as follows:
754		-	Sec. 1104.409. USE OF INFORMATION BY COURT. The court shall
755		-	use the information obtained under this subchapter only in
756		-	determining whether to:
757		-	(1) appoint, remove, or continue the appointment of a
758		-	private professional guardian, a guardianship program, an office of
759		-	public guardian, or the Health and Human Services Commission
760		-	[department]; or
761		-	(2) appoint any other person proposed to serve as a
762		-	guardian under this title, including a proposed temporary guardian
763		-	and a proposed successor guardian, other than an attorney.
764		-	SECTION 29. Subchapter A, Chapter 1151, Estates Code, is
765		-	amended by adding Section 1151.005 to read as follows:
766		-	Sec. 1151.005. LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR
767		-	WITNESS. The guardian of the person or of the estate of a ward may
768		-	not be excluded from attending a legal proceeding in which the ward
769		-	is:
770		-	(1) a party; or
771		-	(2) participating as a witness.
772		-	SECTION 30. Section 1151.351(b), Estates Code, is amended
773		-	to read as follows:
774	72		(b) Unless limited by a court or otherwise restricted by
775	73		law, a ward is authorized to the following:
776	74		(1) to have a copy of the guardianship order and
777	75		letters of guardianship and contact information for the probate
778	76		court that issued the order and letters;
779	77		(2) to have a guardianship that encourages the
780	78		development or maintenance of maximum self-reliance and
781	79		independence in the ward with the eventual goal, if possible, of
782	80		self-sufficiency;
783	81		(3) to be treated with respect, consideration, and
784	82		recognition of the ward's dignity and individuality;
785	83		(4) to reside and receive support services in the most
786	84		integrated setting, including home-based or other community-based
787	85		settings, as required by Title II of the Americans with
788	86		Disabilities Act (42 U.S.C. Section 12131 et seq.);
789	87		(5) to consideration of the ward's current and
790	88		previously stated personal preferences, desires, medical and
791	89		psychiatric treatment preferences, religious beliefs, living
792	90		arrangements, and other preferences and opinions;
793	91		(6) to financial self-determination for all public
794	92		benefits after essential living expenses and health needs are met
795	93		and to have access to a monthly personal allowance;
796	94		(7) to receive timely and appropriate health care and
797	95		medical treatment that does not violate the ward's rights granted
798	96		by the constitution and laws of this state and the United States;
799	97		(8) to exercise full control of all aspects of life not
800	98		specifically granted by the court to the guardian;
801	99		(9) to control the ward's personal environment based
802	100		on the ward's preferences;
803	101		(10) to complain or raise concerns regarding the
804	102		guardian or guardianship to the court, including living
805	103		arrangements, retaliation by the guardian, conflicts of interest
806	104		between the guardian and service providers, or a violation of any
807	105		rights under this section;
808	106		(11) to receive notice in the ward's native language,
809	107		or preferred mode of communication, and in a manner accessible to
810	108		the ward, of a court proceeding to continue, modify, or terminate
811	109		the guardianship and the opportunity to appear before the court to
812	110		express the ward's preferences and concerns regarding whether the
813	111		guardianship should be continued, modified, or terminated;
814	112		(12) to have a court investigator or[,] guardian ad
815	113		litem[, or attorney ad litem] appointed by the court to investigate
816	114		a complaint received by the court from the ward or any person about
817	115		the guardianship;
818	116		(13) to participate in social, religious, and
819	117		recreational activities, training, employment, education,
820	118		habilitation, and rehabilitation of the ward's choice in the most
821	119		integrated setting;
822	120		(14) to self-determination in the substantial
823	121		maintenance, disposition, and management of real and personal
824	122		property after essential living expenses and health needs are met,
825	123		including the right to receive notice and object about the
826	124		substantial maintenance, disposition, or management of clothing,
827	125		furniture, vehicles, and other personal effects;
828	126		(15) to personal privacy and confidentiality in
829	127		personal matters, subject to state and federal law;
830	128		(16) to unimpeded, private, and uncensored
831	129		communication and visitation with persons of the ward's choice,
832	130		except that if the guardian determines that certain communication
833	131		or visitation causes substantial harm to the ward:
834	132		(A) the guardian may limit, supervise, or
835	133		restrict communication or visitation, but only to the extent
836	134		necessary to protect the ward from substantial harm; and
837	135		(B) the ward may request a hearing to remove any
838	136		restrictions on communication or visitation imposed by the guardian
839	137		under Paragraph (A);
840	138		(17) to petition the court and retain counsel of the
841	139		ward's choice who holds a certificate required by Subchapter E,
842	140		Chapter 1054, to represent the ward's interest for capacity
843	141		restoration, modification of the guardianship, the appointment of a
844	142		different guardian, or for other appropriate relief under this
845	143		subchapter, including a transition to a supported decision-making
846	144		agreement, except as limited by Section 1054.006;
847	145		(18) to vote in a public election, marry, and retain a
848	146		license to operate a motor vehicle, unless restricted by the court;
849	147		(19) to personal visits from the guardian or the
850	148		guardian's designee at least once every three months, but more
851	149		often, if necessary, unless the court orders otherwise;
852	150		(20) to be informed of the name, address, phone
853	151		number, and purpose of Disability Rights Texas, an organization
854	152		whose mission is to protect the rights of, and advocate for, persons
855	153		with disabilities, and to communicate and meet with representatives
856	154		of that organization;
857	155		(21) to be informed of the name, address, phone
858	156		number, and purpose of an independent living center, an area agency
859	157		on aging, an aging and disability resource center, and the local
860	158		mental health and intellectual and developmental disability
861	159		center, and to communicate and meet with representatives from these
862	160		agencies and organizations;
863	161		(22) to be informed of the name, address, phone
864	162		number, and purpose of the Judicial Branch Certification Commission
865	163		and the procedure for filing a complaint against a certified
866	164		guardian;
867	165		(23) to contact the Department of Family and
868	166		Protective Services to report abuse, neglect, exploitation, or
869	167		violation of personal rights without fear of punishment,
870	168		interference, coercion, or retaliation; and
871	169		(24) to have the guardian, on appointment and on
872	170		annual renewal of the guardianship, explain the rights delineated
873	171		in this subsection in the ward's native language, or preferred mode
874	172		of communication, and in a manner accessible to the ward.
875		-	SECTION 31. Sections 1153.001(a) and (c), Estates Code, are
	173	+	SECTION 3. Sections 1153.001(a) and (c), Estates Code, are
876	174		amended to read as follows:
877	175		(a) Within one month after receiving letters of
878	176		guardianship, a guardian of an estate shall provide notice
879	177		requiring each person who has a claim against the estate to present
880	178		the claim within the period prescribed by law. The notice must be:
881	179		(1) published in a newspaper of general circulation
882	180		[printed] in the county in which the letters were issued; and
883	181		(2) sent to the comptroller by certified or registered
884	182		mail, if the ward remitted or should have remitted taxes
885	183		administered by the comptroller.
886	184		(c) If there is no [a] newspaper of general circulation [is
887	185		not printed] in the county in which the letters of guardianship were
888	186		issued, the notice must be posted and the return made and filed as
889	187		otherwise required by this title.
890		-	SECTION 32. Section 1155.054(d), Estates Code, is amended
891		-	to read as follows:
	188	+	SECTION 4. Section 1155.054(d), Estates Code, is amended to
	189	+	read as follows:
892	190		(d) If the court finds that a party in a guardianship
893	191		proceeding acted in bad faith or without just cause in prosecuting
894	192		or objecting to an application in the proceeding, the court may
895	193		order [require] the party to reimburse the ward's estate for all or
896	194		part of the attorney's fees awarded under this section and shall
897	195		issue judgment against the party and in favor of the estate for the
898	196		amount of attorney's fees ordered [required] to be reimbursed to
899	197		the estate.
900		-	SECTION 33. Section 1155.151(a), Estates Code, is amended
901		-	to read as follows:
	198	+	SECTION 5. Section 1155.151(a), Estates Code, is amended to
	199	+	read as follows:
902	200		(a) In a guardianship proceeding, the court costs of the
903	201		proceeding, including the costs described by Subsection (a-1),
904	202		shall, except as provided by Subsection (c), be paid as follows, and
905	203		the court shall issue the judgment accordingly:
906	204		(1) out of the guardianship estate, if a guardianship
907	205		of the estate has been created for the benefit of the ward and the
908	206		court determines it is in the ward's best interest;
909	207		(2) out of the management trust, if a management trust
910	208		has been created for the benefit of the ward under Chapter 1301 and
911	209		the court determines it is in the ward's best interest;
912	210		(3) by the party to the proceeding who incurred the
913	211		costs, unless that party filed, on the party's own behalf, an
914	212		affidavit of inability to pay the costs under Rule 145, Texas Rules
915	213		of Civil Procedure, that shows the party is unable to afford the
916	214		costs, if:
917	215		(A) there is no guardianship estate or no
918	216		management trust has been created for the ward's benefit; or
919	217		(B) the assets of the guardianship estate or
920	218		management trust, as appropriate, are insufficient to pay the
921	219		costs; or
922	220		(4) out of the county treasury if:
923	221		(A)(i) there is no guardianship estate or
924	222		management trust;
925	223		(ii) [or] the assets of the guardianship
926	224		estate or management trust, as appropriate, are insufficient to pay
927	225		the costs; or
928	226		(iii) a guardianship of the estate has been
929	227		created for the benefit of the ward and the court determines it is
930	228		not in the ward's best interest to pay the costs; and
931	229		(B) the party to the proceeding who incurred the
932	230		costs filed, on the party's own behalf, an affidavit of inability to
933	231		pay the costs under Rule 145, Texas Rules of Civil Procedure, that
934	232		shows the party is unable to afford the costs.
935		-	SECTION 34. Section 1155.151(a-2), Estates Code, is amended
936		-	to read as follows:
937		-	(a-2) Notwithstanding any other law requiring the payment
938		-	of court costs in a guardianship proceeding, the following are not
939		-	required to pay court costs on the filing of or during a
940		-	guardianship proceeding:
941		-	(1) an attorney ad litem;
942		-	(2) a guardian ad litem;
943		-	(3) a person or entity who files an affidavit of
944		-	inability to pay the costs under Rule 145, Texas Rules of Civil
945		-	Procedure, that shows the person or entity is unable to afford the
946		-	costs;
947		-	(4) a nonprofit guardianship program;
948		-	(5) a governmental entity, including an office of
949		-	public guardian; and
950		-	(6) a government agency or nonprofit agency providing
951		-	guardianship services.
952		-	SECTION 35. Section 1163.005(a), Estates Code, is amended
953		-	to read as follows:
	233	+	SECTION 6. Section 1163.005(a), Estates Code, is amended to
	234	+	read as follows:
954	235		(a) The guardian of the estate shall attach to an account
955	236		the guardian's affidavit stating:
956	237		(1) that the account contains a correct and complete
957	238		statement of the matters to which the account relates;
958	239		(2) that the guardian has paid the bond premium for the
959	240		next accounting period;
960	241		(3) that the guardian has filed all tax returns of the
961	242		ward due during the accounting period;
962	243		(4) that the guardian has paid all taxes the ward owed
963	244		during the accounting period, the amount of the taxes, the date the
964	245		guardian paid the taxes, and the name of the governmental entity to
965	246		which the guardian paid the taxes; and
966	247		(5) if the guardian is a private professional
967		-	guardian, a guardianship program, an office of public guardian, or
968		-	the Health and Human Services Commission [Department of Aging and
969		-	Disability Services], whether the guardian or an individual
970		-	certified under Subchapter C, Chapter 155 [111], Government Code,
971		-	who is providing guardianship services to the ward and who is
972		-	swearing to the account on the guardian's behalf, is or has been the
973		-	subject of an investigation conducted by the Judicial Branch
974		-	[Guardianship] Certification Commission [Board] during the
975		-	accounting period.
976		-	SECTION 36. Section 1163.101(c), Estates Code, is amended
977		-	to read as follows:
	248	+	guardian, a guardianship program, or the Health and Human Services
	249	+	Commission [Department of Aging and Disability Services], whether
	250	+	the guardian or an individual certified under Subchapter C, Chapter
	251	+	155 [111], Government Code, who is providing guardianship services
	252	+	to the ward and who is swearing to the account on the guardian's
	253	+	behalf, is or has been the subject of an investigation conducted by
	254	+	the Judicial Branch [Guardianship] Certification Commission
	255	+	[Board] during the accounting period.
	256	+	SECTION 7. Section 1163.101(c), Estates Code, is amended to
	257	+	read as follows:
978	258		(c) The guardian of the person shall file a sworn affidavit
979	259		that contains:
980	260		(1) the guardian's current name, address, and
981	261		telephone number;
982	262		(2) the ward's date of birth and current name, address,
983	263		telephone number, and age;
984	264		(3) a description of the type of home in which the ward
985	265		resides, which shall be described as:
986	266		(A) the ward's own home;
987	267		(B) a nursing home;
988	268		(C) a guardian's home;
989	269		(D) a foster home;
990	270		(E) a boarding home;
991	271		(F) a relative's home, in which case the
992	272		description must specify the relative's relationship to the ward;
993	273		(G) a hospital or medical facility; or
994	274		(H) another type of residence;
995	275		(4) statements indicating:
996	276		(A) the length of time the ward has resided in the
997	277		present home;
998	278		(B) the reason for a change in the ward's
999	279		residence, if a change in the ward's residence has occurred in the
1000	280		past year;
1001	281		(C) the date the guardian most recently saw the
1002	282		ward;
1003	283		(D) how frequently the guardian has seen the ward
1004	284		in the past year;
1005	285		(E) whether the guardian has possession or
1006	286		control of the ward's estate;
1007	287		(F) whether the ward's mental health has
1008	288		improved, deteriorated, or remained unchanged during the past year,
1009	289		including a description of the change if a change has occurred;
1010	290		(G) whether the ward's physical health has
1011	291		improved, deteriorated, or remained unchanged during the past year,
1012	292		including a description of the change if a change has occurred;
1013	293		(H) whether the ward has regular medical care;
1014	294		and
1015	295		(I) the ward's treatment or evaluation by any of
1016	296		the following persons during the past year, including the person's
1017	297		name and a description of the treatment:
1018	298		(i) a physician;
1019	299		(ii) a psychiatrist, psychologist, or other
1020	300		mental health care provider;
1021	301		(iii) a dentist;
1022	302		(iv) a social or other caseworker; or
1023	303		(v) any other individual who provided
1024	304		treatment;
1025	305		(5) a description of the ward's activities during the
1026	306		past year, including recreational, educational, social, and
1027	307		occupational activities, or a statement that no activities were
1028	308		available or that the ward was unable or refused to participate in
1029	309		activities;
1030	310		(6) the guardian's evaluation of:
1031	311		(A) the ward's living arrangements as excellent,
1032	312		average, or below average, including an explanation if the
1033	313		conditions are below average;
1034	314		(B) whether the ward is content or unhappy with
1035	315		the ward's living arrangements; and
1036	316		(C) unmet needs of the ward;
1037	317		(7) a statement indicating whether the guardian's
1038	318		power should be increased, decreased, or unaltered, including an
1039	319		explanation if a change is recommended;
1040	320		(8) a statement indicating that the guardian has paid
1041	321		the bond premium for the next reporting period;
1042	322		(9) if the guardian is a private professional
1043		-	guardian, a guardianship program, ~~an office of public guardian,~~ or
1044		-	~~the Health and Human Services~~ Commission [Department of Aging and
1045		-	~~Disability Services], whether~~ the guardian or an individual
1046		-	~~certified under Subchapter C, Chapter~~ 155, Government Code, who is
1047		-	~~providing guardianship services to the~~ ward and who is filing the
1048		-	~~affidavit on the guardian's behalf, is or~~ has been the subject of an
1049		-	~~investigation conducted by the Judicial~~ Branch [Guardianship]
1050		-	~~Certification Commission [Board] during the~~ preceding year; and
	323	+	guardian, a guardianship program, or the Health and Human Services
	324	+	Commission [Department of Aging and Disability Services], whether
	325	+	the guardian or an individual certified under Subchapter C, Chapter
	326	+	155, Government Code, who is providing guardianship services to the
	327	+	ward and who is filing the affidavit on the guardian's behalf, is or
	328	+	has been the subject of an investigation conducted by the Judicial
	329	+	Branch [Guardianship] Certification Commission [Board] during the
	330	+	preceding year; and
1051	331		(10) any additional information the guardian desires
1052	332		to share with the court regarding the ward, including:
1053	333		(A) whether the guardian has filed for emergency
1054	334		detention of the ward under Subchapter A, Chapter 573, Health and
1055	335		Safety Code; and
1056	336		(B) if applicable, the number of times the
1057	337		guardian has filed for emergency detention and the dates of the
1058	338		applications for emergency detention.
1059		-	SECTION 37. Section 1253.001, Estates Code, is amended to
1060		-	read as follows:
1061		-	Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO
1062		-	FOREIGN JURISDICTION. On application of the guardian or on the
1063		-	court's own motion, a [A guardian of the person or estate may apply
1064		-	to the] court that has jurisdiction over the guardianship may [to]
1065		-	transfer the guardianship to a court in a foreign jurisdiction to
1066		-	which the ward has permanently moved.
1067		-	SECTION 38. Subchapter B, Chapter 1301, Estates Code, is
	339	+	SECTION 8. Subchapter B, Chapter 1301, Estates Code, is
1068	340		amended by adding Section 1301.0511 to read as follows:
1069	341		Sec. 1301.0511. NOTICE REQUIRED FOR APPLICATION FOR
1070	342		CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED. (a) On the
1071	343		filing of an application for creation of a management trust and
1072	344		except as provided by Subsection (d), notice shall be issued and
1073	345		served in the manner provided by Subchapter C, Chapter 1051, for the
1074	346		issuance and service of notice on the filing of an application for
1075	347		guardianship.
1076	348		(b) It is not necessary to serve a citation on a person who
1077	349		files an application for the creation of a management trust under
1078	350		this subchapter or for that person to waive the issuance and
1079	351		personal service of citation.
1080	352		(c) If the person for whom an application for creation of a
1081	353		management trust is filed is a ward, the sheriff or other officer,
1082	354		in addition to serving the persons described by Section 1051.103,
1083	355		shall personally serve each guardian of the ward with citation to
1084	356		appear and answer the application.
1085	357		(d) Notice under this section is not required if a
1086	358		proceeding for the appointment of a guardian is pending for the
1087	359		person for whom an application for creation of a management trust is
1088	360		filed.
1089		-	SECTION 39. Section 1301.101(a), Estates Code, is amended
1090		-	to read as follows:
	361	+	SECTION 9. Section 1301.101(a), Estates Code, is amended to
	362	+	read as follows:
1091	363		(a) Except as provided by Subsection (c), a management trust
1092	364		created for a ward or incapacitated person must provide that:
1093	365		(1) the ward or incapacitated person is the sole
1094	366		beneficiary of the trust;
1095	367		(2) the trustee may disburse an amount of the trust's
1096	368		principal or income as the trustee determines is necessary to spend
1097	369		for the health, education, maintenance, or support of the person
1098	370		for whom the trust is created;
1099	371		(3) the trust income that the trustee does not
1100	372		disburse under Subdivision (2) must be added to the trust
1101	373		principal;
1102	374		(4) a trustee that is a corporate fiduciary serves
1103	375		without giving a bond; [and]
1104	376		(5) subject to the court's approval and Subsection
1105	377		(b), a trustee is entitled to receive reasonable compensation for
1106	378		services the trustee provides to the person for whom the trust is
1107	379		created as the person's trustee; and
1108	380		(6) the trust terminates:
1109	381		(A) except as provided by Paragraph (B), if the
1110	382		person for whom the trust is created is a minor:
1111	383		(i) on the earlier of:
1112	384		(a) the person's death; or
1113	385		(b) the person's 18th birthday; or
1114	386		(ii) on the date provided by court order,
1115	387		which may not be later than the person's 25th birthday;
1116	388		(B) if the person for whom the trust is created is
1117	389		a minor and is also incapacitated for a reason other than being a
1118	390		minor:
1119	391		(i) on the person's death; or
1120	392		(ii) when the person regains capacity; or
1121	393		(C) if the person for whom the trust is created is
1122	394		not a minor:
1123	395		(i) according to the terms of the trust;
1124	396		(ii) on the date the court determines that
1125	397		continuing the trust is no longer in the person's best interests,
1126	398		subject to Section 1301.202(c); or
1127	399		(iii) on the person's death.
1128		-	SECTION 40. Section 1301.154(b), Estates Code, is amended
	400	+	SECTION 10. Section 1301.154(b), Estates Code, is amended
1129	401		to read as follows:
1130	402		(b) The trustee of a management trust created for a ward
1131	403		shall provide a copy of the annual account to each [the] guardian of
1132	404		the ward [ward's estate or person].
1133		-	SECTION 41. Section 1301.203, Estates Code, is amended by
	405	+	SECTION 11. Section 1301.203, Estates Code, is amended by
1134	406		amending Subsection (a) and adding Subsection (a-1) to read as
1135	407		follows:
1136	408		(a) Except as provided by Subsection (a-1), if [If] the
1137	409		person for whom a management trust is created is a minor, the trust
1138	410		terminates on:
1139	411		(1) the earlier of:
1140	412		(A) the person's death; or
1141	413		(B) the person's 18th birthday; or
1142	414		(2) the date provided by court order, which may not be
1143	415		later than the person's 25th birthday.
1144	416		(a-1) If the person for whom a management trust is created
1145	417		is a minor and is also incapacitated for a reason other than being a
1146	418		minor, the trust terminates:
1147	419		(1) on the person's death; or
1148	420		(2) when the person regains capacity.
1149		-	SECTION 42. Sections 1355.002(b), (c), (d), (e), and (f),
	421	+	SECTION 12. Sections 1355.002(b), (c), (d), (e), and (f),
1150	422		Estates Code, are amended to read as follows:
1151	423		(b) This section applies only to a nonresident creditor who
1152	424		is:
1153	425		(1) a nonresident minor and has a nonresident guardian
1154	426		of the estate appointed by a foreign court;
1155	427		(2) [,] a nonresident person who is adjudged by a
1156	428		foreign court [of competent jurisdiction] to be incapacitated and
1157	429		has a nonresident guardian of the estate appointed by that
1158	430		court;[,] or
1159	431		(3) the nonresident former ward of a guardianship
1160	432		terminated under Chapter 1204 who has no legal guardian qualified
1161	433		in this state.
1162	434		(c) A debtor in this state who owes money to a nonresident
1163	435		creditor to whom this section applies may pay the money:
1164	436		(1) to the creditor's guardian of the estate qualified
1165	437		in the domiciliary jurisdiction; or
1166	438		(2) to the county clerk of:
1167	439		(A) any county in this state in which real
1168	440		property owned by the creditor is located; or
1169	441		(B) if the creditor is not known to own real
1170	442		property in this state, the county in which the debtor resides.
1171	443		(d) A payment made under this section is for the nonresident
1172	444		creditor's account and for the nonresident creditor's use and
1173	445		benefit.
1174	446		(e) A receipt for payment signed by the county clerk is
1175	447		binding on the nonresident creditor as of the date and to the extent
1176	448		of payment if the receipt states:
1177	449		(1) the creditor's name; and
1178	450		(2) the creditor's post office address, if the address
1179	451		is known.
1180	452		(f) A county clerk who receives a payment under Subsection
1181	453		(c) for a nonresident creditor shall handle the money in the same
1182	454		manner as provided for a payment to the account of a resident
1183	455		creditor under Sections 1355.001, 1355.051, 1355.052, 1355.102,
1184	456		1355.103, and 1355.104. Those sections apply to the handling and
1185	457		disposition of money or any increase, dividend, or income paid to
1186	458		the clerk for the use, benefit, and account of the nonresident
1187	459		creditor to whom this section applies.
1188		-	SECTION 43. Section 1355.105, Estates Code, is amended to
	460	+	SECTION 13. Section 1355.105, Estates Code, is amended to
1189	461		read as follows:
1190	462		Sec. 1355.105. WITHDRAWAL OF MONEY BY CREDITOR OR
1191	463		CREDITOR'S HEIR, [OR] REPRESENTATIVE, OR GUARDIAN. (a) On
1192	464		presentation to the court clerk of an order of a county or probate
1193	465		court of the county in which the money is held, money that is not
1194	466		withdrawn by an authorized person as provided by this chapter may be
1195	467		withdrawn by:
1196	468		(1) the creditor, after termination of the creditor's
1197	469		disability;
1198	470		(2) a subsequent personal representative of the
1199	471		creditor; [or]
1200	472		(3) the creditor's heirs; or
1201	473		(4) a nonresident guardian of the estate appointed by
1202	474		a foreign court for a creditor who is:
1203	475		(A) a nonresident minor; or
1204	476		(B) a nonresident person who is adjudged to be
1205	477		incapacitated.
1206	478		(b) Except as provided by Subsection (b-1), a [A] withdrawal
1207	479		under Subsection (a) may be made at any time and without a special
1208	480		bond for that purpose.
1209	481		(b-1) A court may require a nonresident guardian of the
1210	482		estate of a creditor who is a nonresident minor or nonresident
1211	483		incapacitated person as described by Subsection (a)(4) to provide
1212	484		proof that the nonresident guardian of the estate gave an adequate
1213	485		bond in the foreign jurisdiction if the court determines that it is
1214	486		in the nonresident minor's or nonresident incapacitated person's
1215	487		best interest.
1216	488		(c) The order presented under Subsection (a) must direct the
1217	489		court clerk to deliver the money to:
1218	490		(1) the creditor;
1219	491		(2) [,] the creditor's personal representative;
1220	492		(3) [, or] the creditor's heirs named in the order; or
1221	493		(4) if the creditor is a nonresident minor or
1222	494		nonresident person who is adjudged to be incapacitated, the
1223	495		creditor's nonresident guardian of the estate.
1224	496		(d) Before the court may issue an order under this section,
1225	497		the person's identity and credentials must be proved to the court's
1226	498		satisfaction. For purposes of this subsection, a nonresident
1227	499		guardian of the estate described by Subsection (c)(4) must present
1228	500		to the court exemplified copies of the order of a foreign court
1229	501		appointing the guardian and current letters of guardianship issued
1230	502		in the foreign jurisdiction.
1231		-	SECTION 44. Section 25.0006, Government Code, is amended by
1232		-	amending Subsection (a) and adding Subsection (a-5) to read as
1233		-	follows:
1234		-	(a) Notwithstanding any other law except Subsection (a-4),
1235		-	Subsections (a-1), (a-2), [and] (a-3), and (a-5) control over a
1236		-	specific provision for a particular court or county that attempts
1237		-	to create a requirement for a bond or insurance that conflicts with
1238		-	those subsections.
1239		-	(a-5) A bond executed under Subsection (a-1) by the judge
1240		-	elected or appointed to a statutory county court or an insurance
1241		-	policy obtained under Subsection (a-3) shall provide the same
1242		-	coverage to a visiting judge assigned to the court as the bond or
1243		-	insurance policy provides to the judge elected or appointed to the
1244		-	court.
1245		-	SECTION 45. Section 25.00231, Government Code, is amended
1246		-	by adding Subsection (f) to read as follows:
1247		-	(f) Notwithstanding Subsection (e), a bond executed under
1248		-	Subsection (b) by the judge elected or appointed to a statutory
1249		-	probate court or an insurance policy obtained under Subsection (c)
1250		-	shall provide the same coverage to a visiting judge assigned to the
1251		-	court as the bond or insurance policy provides to the judge elected
1252		-	or appointed to the court.
1253		-	SECTION 46. Section 26.001, Government Code, is amended by
1254		-	adding Subsection (d) to read as follows:
1255		-	(d) A bond executed under Subsection (a) by the judge
1256		-	elected or appointed to a county court or an insurance policy
1257		-	obtained under Subsection (c) shall provide the same coverage to a
1258		-	visiting judge assigned to the court as the bond or insurance policy
1259		-	provides to the judge elected or appointed to the court.
1260		-	SECTION 47. Section 81.114, Government Code, is amended by
1261		-	amending Subsection (a) and adding Subsection (e) to read as
1262		-	follows:
1263		-	(a) The state bar shall provide a course of instruction for
1264		-	attorneys who represent any person's interests [parties] in
1265		-	guardianship cases or who serve as court-appointed guardians.
1266		-	(e) The course of instruction described by this section must
1267		-	be low-cost and available to persons throughout this state,
1268		-	including on the Internet provided through the state bar.
1269		-	SECTION 48. Section 101.0814, Government Code, is amended
1270		-	to read as follows:
1271		-	Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS:
1272		-	LOCAL GOVERNMENT CODE. The clerk of a statutory county court shall
1273		-	collect fees and costs under the Local Government Code as follows:
1274		-	(1) additional filing fee to fund contingency fund for
1275		-	liability insurance, if authorized by the county commissioners
1276		-	court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
1277		-	(2) civil court actions (Sec. 118.052, Local
1278		-	Government Code):
1279		-	(A) filing of original action (Secs. 118.052 and
1280		-	118.053, Local Government Code):
1281		-	(i) garnishment after judgment (Sec.
1282		-	118.052, Local Government Code) . . . $15; and
1283		-	(ii) all others (Sec. 118.052, Local
1284		-	Government Code) . . . $40;
1285		-	(B) filing of action other than original (Secs.
1286		-	118.052 and 118.054, Local Government Code) . . . $30; and
1287		-	(C) services rendered after judgment in original
1288		-	action (Secs. 118.052 and 118.0545, Local Government Code):
1289		-	(i) abstract of judgment (Sec. 118.052,
1290		-	Local Government Code) . . . $5; and
1291		-	(ii) execution, order of sale, writ, or
1292		-	other process (Sec. 118.052, Local Government Code) . . . $5;
1293		-	(3) probate court actions (Sec. 118.052, Local
1294		-	Government Code):
1295		-	(A) probate original action (Secs. 118.052 and
1296		-	118.055, Local Government Code):
1297		-	(i) probate of a will with independent
1298		-	executor, administration with will attached, administration of an
1299		-	estate, guardianship or receivership of an estate, or muniment of
1300		-	title (Sec. 118.052, Local Government Code) . . . $40;
1301		-	(ii) community survivors (Sec. 118.052,
1302		-	Local Government Code) . . . $40;
1303		-	(iii) small estates (Sec. 118.052, Local
1304		-	Government Code) . . . $40;
1305		-	(iv) declarations of heirship (Sec.
1306		-	118.052, Local Government Code) . . . $40;
1307		-	(v) mental health or chemical dependency
1308		-	services (Sec. 118.052, Local Government Code) . . . $40; and
1309		-	(vi) additional, special fee (Secs. 118.052
1310		-	and 118.064, Local Government Code) . . . $5;
1311		-	(B) services in pending probate action (Secs.
1312		-	118.052 and 118.056, Local Government Code):
1313		-	(i) filing an inventory and appraisement
1314		-	(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
1315		-	(ii) approving and recording bond (Sec.
1316		-	118.052, Local Government Code) . . . $3;
1317		-	(iii) administering oath (Sec. 118.052,
1318		-	Local Government Code) . . . $2;
1319		-	(iv) filing annual or final account of
1320		-	estate (Sec. 118.052, Local Government Code) . . . $25;
1321		-	(v) filing application for sale of real or
1322		-	personal property (Sec. 118.052, Local Government Code) . . . $25;
1323		-	(vi) filing annual or final report of
1324		-	guardian of a person (Sec. 118.052, Local Government Code) . . .
1325		-	$10; and
1326		-	(vii) filing a document not listed under
1327		-	this paragraph after the filing of an order approving the inventory
1328		-	and appraisement or after the 120th day after the date of the
1329		-	initial filing of the action, whichever occurs first (Secs. 118.052
1330		-	and 191.007, Local Government Code), if more than 25 pages . . .
1331		-	$25;
1332		-	(C) adverse probate action (Secs. 118.052 and
1333		-	118.057, Local Government Code) . . . $40;
1334		-	(D) claim against estate (Secs. 118.052 and
1335		-	118.058, Local Government Code) . . . $10;
1336		-	(E) supplemental public [court-initiated]
1337		-	guardianship and related services fee (Secs. 118.052 and 118.067,
1338		-	Local Government Code) . . . $20; and
1339		-	(F) supplemental public probate administrator
1340		-	fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
1341		-	(4) other fees (Sec. 118.052, Local Government Code):
1342		-	(A) issuing document (Secs. 118.052 and 118.059,
1343		-	Local Government Code):
1344		-	(i) original document and one copy (Sec.
1345		-	118.052, Local Government Code) . . . $4; and
1346		-	(ii) each additional set of an original and
1347		-	one copy (Sec. 118.052, Local Government Code) . . . $4;
1348		-	(B) certified papers (Secs. 118.052 and 118.060,
1349		-	Local Government Code):
1350		-	(i) for the clerk's certificate (Sec.
1351		-	118.052, Local Government Code) . . . $5; and
1352		-	(ii) a fee per page or part of a page (Sec.
1353		-	118.052, Local Government Code) . . . $1;
1354		-	(C) noncertified papers, for each page or part of
1355		-	a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
1356		-	$1;
1357		-	(D) letters testamentary, letter of
1358		-	guardianship, letter of administration, or abstract of judgment
1359		-	(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
1360		-	(E) safekeeping of wills (Secs. 118.052 and
1361		-	118.062, Local Government Code) . . . $5;
1362		-	(F) mail service of process (Secs. 118.052 and
1363		-	118.063, Local Government Code) . . . same as sheriff; and
1364		-	(G) records management and preservation fee
1365		-	(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
1366		-	. . . $5;
1367		-	(5) additional filing fee for filing any civil action
1368		-	or proceeding requiring a filing fee, including an appeal, and on
1369		-	the filing of any counterclaim, cross-action, intervention,
1370		-	interpleader, or third-party action requiring a filing fee, to fund
1371		-	civil legal services for the indigent (Sec. 133.153, Local
1372		-	Government Code) . . . $10;
1373		-	(6) on the filing of a civil suit, an additional filing
1374		-	fee to be used for court-related purposes for the support of the
1375		-	judiciary (Sec. 133.154, Local Government Code) . . . $42;
1376		-	(7) additional filing fee to fund the courthouse
1377		-	security fund, if authorized by the county commissioners court
1378		-	(Sec. 291.008, Local Government Code) . . . not to exceed $5;
1379		-	(8) additional filing fee for filing documents not
1380		-	subject to certain filing fees to fund the courthouse security
1381		-	fund, if authorized by the county commissioners court (Sec.
1382		-	291.008, Local Government Code) . . . $1;
1383		-	(9) additional filing fee to fund the courthouse
1384		-	security fund in Webb County, if authorized by the county
1385		-	commissioners court (Sec. 291.009, Local Government Code) . . . not
1386		-	to exceed $20; and
1387		-	(10) court cost in civil cases other than suits for
1388		-	delinquent taxes to fund the county law library fund, if authorized
1389		-	by the county commissioners court (Sec. 323.023, Local Government
1390		-	Code) . . . not to exceed $35.
1391		-	SECTION 49. Section 101.1013, Government Code, is amended
1392		-	to read as follows:
1393		-	Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS:
1394		-	LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall
1395		-	collect fees and costs under the Local Government Code as follows:
1396		-	(1) additional filing fee for filing any civil action
1397		-	or proceeding requiring a filing fee, including an appeal, and on
1398		-	the filing of any counterclaim, cross-action, intervention,
1399		-	interpleader, or third-party action requiring a filing fee to fund
1400		-	civil legal services for the indigent (Sec. 133.153, Local
1401		-	Government Code) . . . $10;
1402		-	(2) additional filing fee to fund contingency fund for
1403		-	liability insurance, if authorized by the county commissioners
1404		-	court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
1405		-	(3) probate court actions (Sec. 118.052, Local
1406		-	Government Code):
1407		-	(A) probate original action (Secs. 118.052 and
1408		-	118.055, Local Government Code):
1409		-	(i) probate of a will with independent
1410		-	executor, administration with will attached, administration of an
1411		-	estate, guardianship or receivership of an estate, or muniment of
1412		-	title (Sec. 118.052, Local Government Code) . . . $40;
1413		-	(ii) community survivors (Sec. 118.052,
1414		-	Local Government Code) . . . $40;
1415		-	(iii) small estates (Sec. 118.052, Local
1416		-	Government Code) . . . $40;
1417		-	(iv) declarations of heirship (Sec.
1418		-	118.052, Local Government Code) . . . $40;
1419		-	(v) mental health or chemical dependency
1420		-	services (Sec. 118.052, Local Government Code) . . . $40; and
1421		-	(vi) additional, special fee (Secs. 118.052
1422		-	and 118.064, Local Government Code) . . . $5;
1423		-	(B) services in pending probate action (Secs.
1424		-	118.052 and 118.056, Local Government Code):
1425		-	(i) filing an inventory and appraisement
1426		-	(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
1427		-	(ii) approving and recording bond (Sec.
1428		-	118.052, Local Government Code) . . . $3;
1429		-	(iii) administering oath (Sec. 118.052,
1430		-	Local Government Code) . . . $2;
1431		-	(iv) filing annual or final account of
1432		-	estate (Sec. 118.052, Local Government Code). . . $25;
1433		-	(v) filing application for sale of real or
1434		-	personal property (Sec. 118.052, Local Government Code) . . . $25;
1435		-	(vi) filing annual or final report of
1436		-	guardian of a person (Sec. 118.052, Local Government Code) . . .
1437		-	$10; and
1438		-	(vii) filing a document not listed under
1439		-	this paragraph after the filing of an order approving the inventory
1440		-	and appraisement or after the 120th day after the date of the
1441		-	initial filing of the action, whichever occurs first (Secs. 118.052
1442		-	and 191.007, Local Government Code), if more than 25 pages . . .
1443		-	$25;
1444		-	(C) adverse probate action (Secs. 118.052 and
1445		-	118.057, Local Government Code) . . . $40;
1446		-	(D) claim against estate (Secs. 118.052 and
1447		-	118.058, Local Government Code) . . . $10;
1448		-	(E) supplemental public [court-initiated]
1449		-	guardianship and related services fee (Secs. 118.052 and 118.067,
1450		-	Local Government Code) . . . $20; and
1451		-	(F) supplemental public probate administrator
1452		-	fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
1453		-	(4) other fees (Sec. 118.052, Local Government Code):
1454		-	(A) issuing document (Secs. 118.052 and 118.059,
1455		-	Local Government Code):
1456		-	(i) original document and one copy (Sec.
1457		-	118.052, Local Government Code) . . . $4; and
1458		-	(ii) each additional set of an original and
1459		-	one copy (Sec. 118.052, Local Government Code) . . . $4;
1460		-	(B) certified papers (Secs. 118.052 and 118.060,
1461		-	Local Government Code):
1462		-	(i) for the clerk's certificate (Sec.
1463		-	118.052, Local Government Code) . . . $5; and
1464		-	(ii) a fee per page or part of a page (Sec.
1465		-	118.052, Local Government Code) . . . $1;
1466		-	(C) noncertified papers, for each page or part of
1467		-	a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
1468		-	$1;
1469		-	(D) letters testamentary, letter of
1470		-	guardianship, letter of administration, or abstract of judgment
1471		-	(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
1472		-	(E) safekeeping of wills (Secs. 118.052 and
1473		-	118.062, Local Government Code) . . . $5;
1474		-	(F) mail service of process (Secs. 118.052 and
1475		-	118.063, Local Government Code) . . . same as sheriff; and
1476		-	(G) records management and preservation fee
1477		-	(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
1478		-	(5) court cost in civil cases other than suits for
1479		-	delinquent taxes to fund the county law library fund, if authorized
1480		-	by the county commissioners court (Sec. 323.023, Local Government
1481		-	Code) . . . not to exceed $35.
1482		-	SECTION 50. Section 101.1214, Government Code, is amended
1483		-	to read as follows:
1484		-	Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL
1485		-	GOVERNMENT CODE. The clerk of a county court shall collect the
1486		-	following fees and costs under the Local Government Code:
1487		-	(1) additional filing fee to fund contingency fund for
1488		-	liability insurance, if authorized by the county commissioners
1489		-	court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
1490		-	(2) civil court actions (Sec. 118.052, Local
1491		-	Government Code):
1492		-	(A) filing of original action (Secs. 118.052 and
1493		-	118.053, Local Government Code):
1494		-	(i) garnishment after judgment (Sec.
1495		-	118.052, Local Government Code) . . . $15; and
1496		-	(ii) all others (Sec. 118.052, Local
1497		-	Government Code) . . . $40;
1498		-	(B) filing of action other than original (Secs.
1499		-	118.052 and 118.054, Local Government Code) . . . $30; and
1500		-	(C) services rendered after judgment in original
1501		-	action (Secs. 118.052 and 118.0545, Local Government Code):
1502		-	(i) abstract of judgment (Sec. 118.052,
1503		-	Local Government Code) . . . $5; and
1504		-	(ii) execution, order of sale, writ, or
1505		-	other process (Sec. 118.052, Local Government Code) . . . $5;
1506		-	(3) probate court actions (Sec. 118.052, Local
1507		-	Government Code):
1508		-	(A) probate original action (Secs. 118.052 and
1509		-	118.055, Local Government Code):
1510		-	(i) probate of a will with independent
1511		-	executor, administration with will attached, administration of an
1512		-	estate, guardianship or receivership of an estate, or muniment of
1513		-	title (Sec. 118.052, Local Government Code) . . . $40;
1514		-	(ii) community survivors (Sec. 118.052,
1515		-	Local Government Code) . . . $40;
1516		-	(iii) small estates (Sec. 118.052, Local
1517		-	Government Code) . . . $40;
1518		-	(iv) declarations of heirship (Sec.
1519		-	118.052, Local Government Code) . . . $40;
1520		-	(v) mental health or chemical dependency
1521		-	services (Sec. 118.052, Local Government Code) . . . $40; and
1522		-	(vi) additional, special fee (Secs. 118.052
1523		-	and 118.064, Local Government Code) . . . $5;
1524		-	(B) services in pending probate action (Secs.
1525		-	118.052 and 118.056, Local Government Code):
1526		-	(i) filing an inventory and appraisement
1527		-	(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
1528		-	(ii) approving and recording bond (Sec.
1529		-	118.052, Local Government Code) . . . $3;
1530		-	(iii) administering oath (Sec. 118.052,
1531		-	Local Government Code) . . . $2;
1532		-	(iv) filing annual or final account of
1533		-	estate (Sec. 118.052, Local Government Code) . . . $25;
1534		-	(v) filing application for sale of real or
1535		-	personal property (Sec. 118.052, Local Government Code) . . . $25;
1536		-	(vi) filing annual or final report of
1537		-	guardian of a person (Sec. 118.052, Local Government Code) . . .
1538		-	$10; and
1539		-	(vii) filing a document not listed under
1540		-	this paragraph after the filing of an order approving the inventory
1541		-	and appraisement or after the 120th day after the date of the
1542		-	initial filing of the action, whichever occurs first (Secs. 118.052
1543		-	and 191.007, Local Government Code), if more than 25 pages . . .
1544		-	$25;
1545		-	(C) adverse probate action (Secs. 118.052 and
1546		-	118.057, Local Government Code) . . . $40;
1547		-	(D) claim against estate (Secs. 118.052 and
1548		-	118.058, Local Government Code) . . . $10;
1549		-	(E) supplemental public [court-initiated]
1550		-	guardianship and related services fee (Secs. 118.052 and 118.067,
1551		-	Local Government Code) . . . $20; and
1552		-	(F) supplemental public probate administrator
1553		-	fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
1554		-	(4) other fees (Sec. 118.052, Local Government Code):
1555		-	(A) issuing document (Secs. 118.052 and 118.059,
1556		-	Local Government Code):
1557		-	(i) original document and one copy (Sec.
1558		-	118.052, Local Government Code) . . . $4; and
1559		-	(ii) each additional set of an original and
1560		-	one copy (Sec. 118.052, Local Government Code) . . . $4;
1561		-	(B) certified papers (Secs. 118.052 and 118.060,
1562		-	Local Government Code):
1563		-	(i) for the clerk's certificate (Sec.
1564		-	118.052, Local Government Code) . . . $5; and
1565		-	(ii) a fee per page or part of a page (Sec.
1566		-	118.052, Local Government Code) . . . $1;
1567		-	(C) noncertified papers, for each page or part of
1568		-	a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
1569		-	$1;
1570		-	(D) letters testamentary, letter of
1571		-	guardianship, letter of administration, or abstract of judgment
1572		-	(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
1573		-	(E) safekeeping of wills (Secs. 118.052 and
1574		-	118.062, Local Government Code) . . . $5;
1575		-	(F) mail service of process (Secs. 118.052 and
1576		-	118.063, Local Government Code) . . . same as sheriff; and
1577		-	(G) records management and preservation fee
1578		-	(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
1579		-	. . . $5;
1580		-	(5) deposit on filing petition requesting permission
1581		-	to create a municipal civic center authority (Sec. 281.013, Local
1582		-	Government Code) . . . $200;
1583		-	(6) additional filing fee to fund the courthouse
1584		-	security fund, if authorized by the county commissioners court
1585		-	(Sec. 291.008, Local Government Code) . . . not to exceed $5;
1586		-	(7) additional filing fee for filing documents not
1587		-	subject to certain filing fees to fund the courthouse security
1588		-	fund, if authorized by the county commissioners court (Sec.
1589		-	291.008, Local Government Code) . . . $1;
1590		-	(8) additional filing fee to fund the courthouse
1591		-	security fund in Webb County, if authorized by the county
1592		-	commissioners court (Sec. 291.009, Local Government Code) . . . not
1593		-	to exceed $20;
1594		-	(9) court cost in civil cases other than suits for
1595		-	delinquent taxes to fund the county law library fund, if authorized
1596		-	by the county commissioners court (Sec. 323.023, Local Government
1597		-	Code) . . . not to exceed $35;
1598		-	(10) additional filing fee for filing any civil action
1599		-	or proceeding requiring a filing fee, including an appeal, and on
1600		-	the filing of any counterclaim, cross-action, intervention,
1601		-	interpleader, or third-party action requiring a filing fee, to fund
1602		-	civil legal services for the indigent (Sec. 133.153, Local
1603		-	Government Code) . . . $10; and
1604		-	(11) on the filing of a civil suit an additional filing
1605		-	fee to be used for court-related purposes for the support of the
1606		-	judiciary (Sec. 133.154, Local Government Code) . . . $42.
1607		-	SECTION 51. Section 155.001, Government Code, is amended by
1608		-	amending Subdivisions (4), (6), and (6-a) and adding Subdivisions
1609		-	(5-a) and (6-b) to read as follows:
1610		-	(4) "Guardianship program" means a local, county, or
1611		-	regional program, other than an office of public guardian, that
1612		-	provides guardianship and related services to an incapacitated
1613		-	person or other person who needs assistance in making decisions
1614		-	concerning the person's own welfare or financial affairs.
1615		-	(5-a) "Office of public guardian" has the meaning
1616		-	assigned by Section 1002.0215, Estates Code.
1617		-	(6) "Private professional guardian" means a person,
1618		-	other than an attorney, [or] a corporate fiduciary, or an office of
1619		-	public guardian, who is engaged in the business of providing
1620		-	guardianship services.
1621		-	(6-a) "Public guardian" has the meaning assigned by
1622		-	Section 1002.0265, Estates Code.
1623		-	(6-b) Notwithstanding Section 151.001, "registration"
1624		-	means registration of a guardianship under this chapter.
1625		-	SECTION 52. Subchapter B, Chapter 155, Government Code, is
1626		-	amended by adding Section 155.053 to read as follows:
1627		-	Sec. 155.053. MONITORING OF COUNTY PUBLIC GUARDIANSHIP AND
1628		-	RELATED SERVICES FUNDS. The office shall monitor counties to
1629		-	ensure money is appropriately deposited into the public
1630		-	guardianship and related services funds established by counties
1631		-	under Section 118.067, Local Government Code, and being used in
1632		-	compliance with that section. Not later than December 1 of each
1633		-	year, the office shall submit a report to the legislature detailing
1634		-	how money in the funds is being used by counties across the state.
1635		-	SECTION 53. Section 155.101(a), Government Code, is amended
1636		-	to read as follows:
1637		-	(a) The commission shall adopt minimum standards for:
1638		-	(1) the provision of guardianship services or other
1639		-	similar but less restrictive types of assistance or services by:
1640		-	(A) individuals employed by or contracting with
1641		-	guardianship programs to provide the assistance or services on
1642		-	behalf of the programs; and
1643		-	(B) private professional guardians; [and]
1644		-	(2) the provision of guardianship services by the
1645		-	Health and Human Services Commission; and
1646		-	(3) the provision of guardianship services by offices
1647		-	of public guardians [Department of Aging and Disability Services or
1648		-	its successor agency].
1649		-	SECTION 54. Section 155.102(a), Government Code, is amended
1650		-	to read as follows:
1651		-	(a) To provide guardianship services in this state, the
1652		-	following individuals must hold a certificate issued under this
1653		-	section:
1654		-	(1) an individual who is a private professional
1655		-	guardian;
1656		-	(2) an individual who will provide those services to a
1657		-	ward of a private professional guardian on the guardian's behalf;
1658		-	[and]
1659		-	(3) an individual, other than a volunteer, who will
1660		-	provide those services or other services under Section 161.114,
1661		-	Human Resources Code, to a ward of a guardianship program or the
1662		-	Health and Human Services Commission [Department of Aging and
1663		-	Disability Services] on the program's or commission's
1664		-	[department's] behalf;
1665		-	(4) an individual who is a public guardian; and
1666		-	(5) an individual who will provide those services to a
1667		-	ward of an office of public guardian.
1668		-	SECTION 55. Section 155.105, Government Code, is amended by
1669		-	adding Subsection (b-1) to read as follows:
1670		-	(b-1) Not later than January 31 of each year, each office of
1671		-	public guardian shall provide to the commission a report containing
1672		-	for the preceding year:
1673		-	(1) the number of wards served by the office;
1674		-	(2) the total amount of any money received from this
1675		-	state for the provision of guardianship services; and
1676		-	(3) the amount of money received from any other public
1677		-	source, including a county or the federal government, for the
1678		-	provision of guardianship services, reported by source, and the
1679		-	total amount of money received from those public sources.
1680		-	SECTION 56. Section 155.205(b), Government Code, is amended
	503	+	SECTION 14. Section 155.205(b), Government Code, is amended
1681	504		to read as follows:
1682	505		(b) The commission shall obtain:
1683	506		(1) fingerprint-based criminal history record
1684	507		information of a proposed guardian [an applicant] if:
1685	508		(A) the liquid assets of the estate of a ward
1686	509		exceed $50,000; or
1687	510		(B) the proposed guardian is not a resident of
1688	511		this state; or
1689	512		(2) name-based criminal history record information of
1690	513		a proposed guardian, including any criminal history record
1691	514		information under the current name and all former names of the
1692	515		proposed guardian, [an applicant] if:
1693	516		(A) the liquid assets of the estate of a ward are
1694	517		$50,000 or less; and
1695	518		(B) the proposed guardian is a resident of this
1696	519		state.
1697		-	SECTION 57. Section 411.1386(a), Government Code, is
1698		-	amended to read as follows:
1699		-	(a) Except as provided by Subsections (a-1), (a-5), and
1700		-	(a-6), the clerk of the county having venue over a proceeding for
1701		-	the appointment of a guardian under Title 3, Estates Code, shall
1702		-	obtain from the department criminal history record information
1703		-	maintained by the department that relates to:
1704		-	(1) a private professional guardian;
1705		-	(2) each person who represents or plans to represent
1706		-	the interests of a ward as a guardian on behalf of the private
1707		-	professional guardian;
1708		-	(3) each person employed by a private professional
1709		-	guardian who will:
1710		-	(A) have personal contact with a ward or proposed
1711		-	ward;
1712		-	(B) exercise control over and manage a ward's
1713		-	estate; or
1714		-	(C) perform any duties with respect to the
1715		-	management of a ward's estate;
1716		-	(4) each person employed by or volunteering or
1717		-	contracting with a guardianship program to provide guardianship
1718		-	services to a ward of the program on the program's behalf; [or]
1719		-	(5) a public guardian, as defined by Section
1720		-	1002.0265(1), Estates Code;
1721		-	(6) each person who represents or plans to represent
1722		-	the interests of a ward as a guardian on behalf of an office of
1723		-	public guardian;
1724		-	(7) each person employed by an office of public
1725		-	guardian, as defined by Section 1002.0215, Estates Code, who will:
1726		-	(A) have personal contact with a ward or proposed
1727		-	ward;
1728		-	(B) exercise control over and manage a ward's
1729		-	estate; or
1730		-	(C) perform any duties with respect to the
1731		-	management of a ward's estate; or
1732		-	(8) any other person proposed to serve as a guardian
1733		-	under Title 3, Estates Code, including a proposed temporary
1734		-	guardian and a proposed successor guardian, other than an attorney.
1735		-	SECTION 58. Section 571.013, Health and Safety Code, is
1736		-	amended to read as follows:
1737		-	Sec. 571.013. METHOD OF GIVING NOTICE. Except as otherwise
1738		-	provided by this subtitle, notice required under this subtitle may
1739		-	be given by:
1740		-	(1) personal delivery of [delivering] a copy of the
1741		-	notice or document by a constable or sheriff of the county; [in
1742		-	person] or
1743		-	(2) [in] another manner directed by the court that is
1744		-	reasonably calculated to give actual notice.
1745		-	SECTION 59. Section 571.014(c), Health and Safety Code, is
1746		-	amended to read as follows:
1747		-	(c) A person may [initially] file a paper with the county
1748		-	clerk by the use of reproduced, photocopied, or electronically
1749		-	transmitted paper copies of [if the person files] the original
1750		-	signed copies of the paper. A person who files a reproduced,
1751		-	photocopied, or electronically transmitted paper must maintain
1752		-	possession of the original signed copies of the paper and shall make
1753		-	the original paper available for inspection on request by the
1754		-	parties or the court [with the clerk not later than the 72nd hour
1755		-	after the hour on which the initial filing is made. If the 72-hour
1756		-	period ends on a Saturday, Sunday, or legal holiday, the filing
1757		-	period is extended until 4 p.m. on the first succeeding business
1758		-	day. If extremely hazardous weather conditions exist or a disaster
1759		-	occurs, the presiding judge or magistrate may by written order made
1760		-	each day extend the filing period until 4 p.m. on the first
1761		-	succeeding business day. The written order must declare that an
1762		-	emergency exists because of the weather or the occurrence of a
1763		-	disaster. If a person detained under this subtitle would otherwise
1764		-	be released because the original signed copy of a paper is not filed
1765		-	within the 72-hour period but for the extension of the filing period
1766		-	under this section, the person may be detained until the expiration
1767		-	of the extended filing period. This subsection does not affect
1768		-	another provision of this subtitle requiring the release or
1769		-	discharge of a person].
1770		-	SECTION 60. Section 161.103, Human Resources Code, is
1771		-	amended to read as follows:
1772		-	Sec. 161.103. CONTRACT FOR GUARDIANSHIP SERVICES. (a) If
1773		-	appropriate, the commission [department] may contract with a
1774		-	political subdivision of this state, a guardianship program as
1775		-	defined by Section 1002.016, Estates Code, a private agency, or
1776		-	another state agency for the provision of guardianship services
1777		-	under this section.
1778		-	(b) A contract under Subsection (a) may allow for the
1779		-	provision of guardianship services by an office of public guardian,
1780		-	as defined by Section 1002.0215, Estates Code.
1781		-	SECTION 61. Section 118.052, Local Government Code, is
1782		-	amended to read as follows:
1783		-	Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
1784		-	shall collect the following fees for services rendered to any
1785		-	person:
1786		-	(1) CIVIL COURT ACTIONS
1787		-	(A) Filing of Original Action (Sec. 118.053):
1788		-	(i) Garnishment after judgment . . . $15.00
1789		-	(ii) All others . . . $40.00
1790		-	(B) Filing of Action Other than Original (Sec.
1791		-	118.054) . . . $30.00
1792		-	(C) Services Rendered After Judgment in Original
1793		-	Action (Sec. 118.0545):
1794		-	(i) Abstract of judgment . . . $5.00
1795		-	(ii) Execution, order of sale, writ, or
1796		-	other process . . . $5.00
1797		-	(2) PROBATE COURT ACTIONS
1798		-	(A) Probate Original Action (Sec. 118.055):
1799		-	(i) Probate of a will with independent
1800		-	executor, administration with will attached, administration of an
1801		-	estate, guardianship or receivership of an estate, or muniment of
1802		-	title . . . $40.00
1803		-	(ii) Community survivors . . . $40.00
1804		-	(iii) Small estates . . . $40.00
1805		-	(iv) Declarations of heirship . . . $40.00
1806		-	(v) Mental health or chemical dependency
1807		-	services . . . $40.00
1808		-	(vi) Additional, special fee (Sec. 118.064)
1809		-	. . . $5.00
1810		-	(B) Services in Pending Probate Action (Sec.
1811		-	118.056):
1812		-	(i) Filing an inventory and appraisement as
1813		-	provided by Section 118.056(d) . . . $25.00
1814		-	(ii) Approving and recording bond . . .
1815		-	$3.00
1816		-	(iii) Administering oath . . . $2.00
1817		-	(iv) Filing annual or final account of
1818		-	estate . . . $25.00
1819		-	(v) Filing application for sale of real or
1820		-	personal property . . . $25.00
1821		-	(vi) Filing annual or final report of
1822		-	guardian of a person . . . $10.00
1823		-	(vii) Filing a document not listed under
1824		-	this paragraph after the filing of an order approving the inventory
1825		-	and appraisement or after the 120th day after the date of the
1826		-	initial filing of the action, whichever occurs first, if more than
1827		-	25 pages . . . $25.00
1828		-	(C) Adverse Probate Action (Sec. 118.057) . . .
1829		-	$40.00
1830		-	(D) Claim Against Estate (Sec. 118.058) . . .
1831		-	$10.00
1832		-	(E) Supplemental Public [Court-Initiated]
1833		-	Guardianship and Related Services Fee in Probate Original Actions
1834		-	and Adverse Probate Actions (Sec. 118.067) . . . $20.00
1835		-	(F) Supplemental Public Probate Administrator
1836		-	Fee For Counties That Have Appointed a Public Probate Administrator
1837		-	(Sec. 118.068) . . . $10.00
1838		-	(3) OTHER FEES
1839		-	(A) Issuing Document (Sec. 118.059):
1840		-	original document and one copy . . . $4.00
1841		-	each additional set of an original and one copy . . . $4.00
1842		-	(B) Certified Papers (Sec. 118.060):
1843		-	for the clerk's certificate . . . $5.00
1844		-	plus a fee per page or part of a page of . . . $1.00
1845		-	(C) Noncertified Papers (Sec. 118.0605):
1846		-	for each page or part of a page . . . $1.00
1847		-	(D) Letters Testamentary, Letter of
1848		-	Guardianship, Letter of Administration, or Abstract of Judgment
1849		-	(Sec. 118.061) . . . $2.00
1850		-	(E) Deposit and Safekeeping of Wills (Sec.
1851		-	118.062) . . . $5.00
1852		-	(F) Mail Service of Process (Sec. 118.063) . . .
1853		-	same as sheriff
1854		-	(G) Records Management and Preservation Fee
1855		-	. . . $5.00
1856		-	(H) Records Technology and Infrastructure Fee if
1857		-	authorized by the commissioners court of the county (Sec. 118.026)
1858		-	. . . $2.00
1859		-	SECTION 62. Section 118.067, Local Government Code, is
1860		-	amended to read as follows:
1861		-	Sec. 118.067. SUPPLEMENTAL PUBLIC [COURT-INITIATED]
1862		-	GUARDIANSHIP AND RELATED SERVICES FEE. (a) The "supplemental
1863		-	public [court-initiated] guardianship and related services fee"
1864		-	under Section 118.052(2)(E) is for the support of guardianship
1865		-	services provided by public guardians, as defined by Section
1866		-	1002.0265 [the judiciary in guardianships initiated under Chapter
1867		-	1102], Estates Code, or guardianship and other less restrictive
1868		-	alternative services provided to indigent incapacitated persons
1869		-	who do not have family members suitable and willing to serve as
1870		-	guardians or provide less restrictive alternative services. Fees
1871		-	collected under Section 118.052(2)(E) shall be deposited in a
1872		-	public [court-initiated] guardianship and related services fund in
1873		-	the county treasury and may be used only to supplement, rather than
1874		-	supplant, other available county funds used to fund guardianship
1875		-	services or other less restrictive alternative services provided to
1876		-	individuals who are indigent[:
1877		-	[(1) pay the compensation of a guardian ad litem
1878		-	appointed by a court under Section 1102.001, Estates Code;
1879		-	[(2) pay the compensation of an attorney ad litem
1880		-	appointed by a court to represent a proposed ward in a guardianship
1881		-	proceeding initiated under Chapter 1102, Estates Code; and
1882		-	[(3) fund local guardianship programs that provide
1883		-	guardians for indigent incapacitated persons who do not have family
1884		-	members suitable and willing to serve as guardians].
1885		-	(b) The supplemental public [court-initiated] guardianship
1886		-	and related services fee is charged for:
1887		-	(1) a probate original action described by Section
1888		-	118.055 and for which a fee is charged in accordance with Section
1889		-	118.052(2)(A)(i), (ii), (iii), (iv), or (v); and
1890		-	(2) an adverse probate action described by Section
1891		-	118.057 and for which a fee is charged in accordance with Section
1892		-	118.052(2)(C).
1893		-	(c) The supplemental public [court-initiated] guardianship
1894		-	and related services fee must be paid by the person against whom the
1895		-	fee for a probate original action or adverse probate action, as
1896		-	applicable, is charged and is due at the time that fee is due.
1897		-	(d) The supplemental public [court-initiated] guardianship
1898		-	and related services fee is in addition to all other fees charged in
1899		-	probate original actions and adverse probate actions.
1900		-	SECTION 63. Section 1104.403, Estates Code, is repealed.
1901		-	SECTION 64. Section 571.014(d), Health and Safety Code, is
1902		-	repealed.
1903		-	SECTION 65. (a) Section 202.054, Estates Code, as amended
1904		-	by this Act, applies only to a proceeding to declare heirship
1905		-	commenced on or after the effective date of this Act. A proceeding
1906		-	to declare heirship commenced before that date is governed by the
1907		-	law in effect on the date the proceeding was commenced, and the
1908		-	former law is continued in effect for that purpose.
1909		-	(b) Section 452.006(c), Estates Code, as added by this Act,
1910		-	applies only to a temporary administrator appointed on or after the
1911		-	effective date of this Act. A temporary administrator appointed
1912		-	before the effective date of this Act is governed by the law in
1913		-	effect on the date the administrator was appointed, and the former
1914		-	law is continued in effect for that purpose.
1915		-	(c) Section 503.002, Estates Code, as amended by this Act,
1916		-	applies only to a copy of a testamentary instrument or other
1917		-	document filed for recording on or after the effective date of this
1918		-	Act. A copy of a testamentary instrument or other document filed
1919		-	before the effective date of this Act is governed by the law in
1920		-	effect on the date the instrument or document was filed, and the
1921		-	former law is continued in effect for that purpose.
1922		-	(d) The changes in law made by this Act to Sections 25.0006,
1923		-	25.00231, and 26.001, Government Code, apply only to an insurance
1924		-	policy delivered, issued for delivery, or renewed on or after
1925		-	January 1, 2020. An insurance policy delivered, issued for
1926		-	delivery, or renewed before January 1, 2020, is governed by the law
1927		-	as it existed immediately before the effective date of this Act, and
1928		-	that law is continued in effect for that purpose.
1929		-	SECTION 66. (a) Except as otherwise provided by this
	520	+	SECTION 15. (a) Except as otherwise provided by this
1930	521		section, the changes in law made by this Act apply to:
1931	522		(1) a guardianship created before, on, or after the
1932	523		effective date of this Act; and
1933	524		(2) an application for a guardianship pending on, or
1934	525		filed on or after, the effective date of this Act.
1935	526		(b) The changes in law made by this Act to Section 1021.001,
1936	527		Estates Code, apply only to an action filed on or after the
1937	528		effective date of this Act. An action filed before the effective
1938	529		date of this Act is governed by the law in effect on the date the
1939	530		action was filed, and the former law is continued in effect for that
1940	531		purpose.
1941	532		(c) The changes in law made by this Act to Sections
1942		-	~~1054.201, 1101.153,~~ 1155.054(d), and 1155.151(a), Estates Code,
1943		-	~~and Section 155.205(b),~~ Government Code, apply only to a
1944		-	~~guardianship proceeding commenced~~ on or after the effective date of
1945		-	~~this Act. A guardianship~~ proceeding commenced before the effective
1946		-	~~date of this Act is~~ governed by the law in effect on the date the
1947		-	~~proceeding was~~ commenced, and the former law is continued in effect
1948		-	~~for that~~ purpose.
	533	+	1155.054(d) and 1155.151(a), Estates Code, and Section 155.205(b),
	534	+	Government Code, apply only to a guardianship proceeding commenced
	535	+	on or after the effective date of this Act. A guardianship
	536	+	proceeding commenced before the effective date of this Act is
	537	+	governed by the law in effect on the date the proceeding was
	538	+	commenced, and the former law is continued in effect for that
	539	+	purpose.
1949	540		(d) Section 1301.0511, Estates Code, as added by this Act,
1950	541		applies only to an application for creation of a management trust
1951	542		filed on or after the effective date of this Act. An application
1952	543		for creation of a management trust filed before the effective date
1953	544		of this Act is governed by the law in effect on the date the
1954	545		application was filed, and the former law is continued in effect for
1955	546		that purpose.
1956	547		(e) The changes in law made by this Act to Sections 1301.101
1957	548		and 1301.203, Estates Code, apply only to an application for the
1958	549		creation or modification of a management trust filed on or after the
1959	550		effective date of this Act. An application for the creation or
1960	551		modification of a management trust filed before the effective date
1961	552		of this Act is governed by the law in effect on the date the
1962	553		application was filed, and the former law is continued in effect for
1963	554		that purpose.
1964	555		(f) The changes in law made by this Act to Section 1355.105,
1965	556		Estates Code, apply only to an application for an order for the
1966	557		delivery of money that is filed on or after the effective date of
1967	558		this Act. An application for an order for the delivery of money
1968	559		that is filed before the effective date of this Act is governed by
1969	560		the law in effect on the date the application was filed, and the
1970	561		former law is continued in effect for that purpose.
1971		-	(g) Section 1101.001, Estates Code, as amended by this Act,
1972		-	applies only to an application for the appointment of a guardian
1973		-	filed on or after the effective date of this Act. An application
1974		-	for the appointment of a guardian filed before the effective date of
1975		-	this Act is governed by the law in effect on the date the
1976		-	application was filed, and the former law is continued in effect for
1977		-	that purpose.
1978		-	(h) The following provisions of this Act apply only to the
1979		-	appointment of a guardian of the person or of the estate of a ward,
1980		-	or both, made on or after July 1, 2020:
1981		-	(1) Sections 1002.0215 and 1002.0265 and Subchapter
1982		-	G-1, Chapter 1104, Estates Code, as added by this Act;
1983		-	(2) Sections 1104.251(a), 1104.402(a), 1104.409,
1984		-	1155.151(a-2), 1163.005(a), and 1163.101(c), Estates Code, as
1985		-	amended by this Act;
1986		-	(3) Sections 101.0814, 101.1013, 101.1214,
1987		-	155.001(4), (6), and (6-a), 155.101(a), 155.102(a), and
1988		-	411.1386(a), Government Code, as amended by this Act;
1989		-	(4) Sections 155.001(5-a) and (6-b), 155.053, and
1990		-	155.105(b-1), Government Code, as added by this Act;
1991		-	(5) Section 161.103, Human Resources Code, as amended
1992		-	by this Act; and
1993		-	(6) Sections 118.052 and 118.067, Local Government
1994		-	Code, as amended by this Act.
1995		-	(i) Notwithstanding any other law, a person who,
1996		-	immediately before July 1, 2020, is serving as guardian of the
1997		-	person or of the estate of a ward, or both, and who, under Section
1998		-	1104.334, Estates Code, as added by this Act, would be eligible for
1999		-	appointment of an office of public guardian as the ward's guardian,
2000		-	may continue to serve as guardian of the person or of the estate of
2001		-	the ward, or both, unless otherwise removed as provided by law.
2002		-	SECTION 67. Not later than January 1, 2020, the supreme
2003		-	court shall adopt rules necessary to implement Subchapter G-1,
2004		-	Chapter 1104, Estates Code, as added by this Act, including rules
2005		-	governing the transfer of a guardianship of the person or of the
2006		-	estate of a ward, or both, if appropriate, to an office of public
2007		-	guardian established under that subchapter or a public guardian
2008		-	contracted under that subchapter.
2009		-	SECTION 68. This Act takes effect September 1, 2019.
2010		-	______________________________ ______________________________
2011		-	President of the Senate Speaker of the House
2012		-	I hereby certify that S.B. No. 667 passed the Senate on
2013		-	March 26, 2019, by the following vote: Yeas 31, Nays 0; and that
2014		-	the Senate concurred in House amendments on May 23, 2019, by the
2015		-	following vote: Yeas 31, Nays 0.
2016		-	______________________________
2017		-	Secretary of the Senate
2018		-	I hereby certify that S.B. No. 667 passed the House, with
2019		-	amendments, on May 21, 2019, by the following vote: Yeas 115,
2020		-	Nays 26, two present not voting.
2021		-	______________________________
2022		-	Chief Clerk of the House
2023		-	Approved:
2024		-	______________________________
2025		-	Date
2026		-	______________________________
2027		-	Governor
	562	+	SECTION 16. This Act takes effect September 1, 2019.