Texas Senate Bill SB667 Latest Draft

                            S.B. No. 667


 AN ACT
 relating to probate and guardianship matters and certain procedures
 for persons who are incapacitated or have a mental illness.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 30.014(a), Civil Practice and Remedies
 Code, is amended to read as follows:
 (a)  In a civil action, including a probate or guardianship
 proceeding, filed in a district court, county court, [or] statutory
 county court, or statutory probate court, each party or the party's
 attorney shall include in its initial pleading:
 (1)  the last three numbers of the party's driver's
 license number, if the party has been issued a driver's license; and
 (2)  the last three numbers of the party's social
 security number, if the party has been issued a social security
 number.
 SECTION 2.  Section 33.101, Estates Code, is amended to read
 as follows:
 Sec. 33.101.  TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
 PROPER.  If probate proceedings involving the same estate are
 commenced in more than one county and the court making a
 determination of venue as provided by Section 33.053 determines
 that venue is proper in another county, the court clerk shall make
 and retain a copy of the entire file in the case and transmit the
 original file in electronic or paper form to the court in the county
 in which venue is proper.  The court to which the file is
 transmitted shall conduct the proceeding in the same manner as if
 the proceeding had originally been commenced in that county.
 SECTION 3.  Section 33.102(a), Estates Code, is amended to
 read as follows:
 (a)  If it appears to the court at any time before the final
 order in a probate proceeding is rendered that the court does not
 have priority of venue over the proceeding, the court shall, on the
 application of an interested person, transfer the proceeding to the
 proper county by transmitting to the proper court in that county in
 electronic or paper form:
 (1)  the original file in the case; and
 (2)  certified copies of all entries that have been
 made in the judge's probate docket in the proceeding.
 SECTION 4.  Section 33.103, Estates Code, is amended by
 adding Subsection (c) to read as follows:
 (c)  The transmittal under Subsection (b) of the original
 file and the certified copy of the index may be in electronic or
 paper form, except that an original will filed in the probate
 proceeding, if any, must be delivered to the court to which the
 proceeding is transferred.
 SECTION 5.  Section 51.003(b), Estates Code, is amended to
 read as follows:
 (b)  A citation or notice issued by the county clerk must be
 styled "The State of Texas" and be signed by the clerk under the
 court's [clerk's] seal.
 SECTION 6.  Section 202.054, Estates Code, is amended to
 read as follows:
 Sec. 202.054.  PERSONAL SERVICE OF CITATION MAY BE REQUIRED.
 (a)  The court may require that service of citation in a proceeding
 to declare heirship be made by personal service on some or all of
 those named as distributees in the application filed under Section
 202.005.
 (b)  If a distributee to be cited under Subsection (a) is
 absent from or is not a resident of this state, any disinterested
 person competent to make an oath that the citation was served may
 serve the citation.
 SECTION 7.  Section 351.351, Estates Code, is amended to
 read as follows:
 Sec. 351.351.  APPLICABILITY.  This subchapter does not
 apply to:
 (1)  the appointment of an independent executor or
 administrator under Section 401.002 or 401.003(a); or
 (2)  the appointment of a successor independent
 administrator [executor] under Section 404.005.
 SECTION 8.  Section 404.0036(b), Estates Code, is amended to
 read as follows:
 (b)  If an independent executor is removed by the court under
 Section 404.003 or 404.0035, the court may, on application, appoint
 a successor independent administrator [executor] as provided by
 Section 404.005.
 SECTION 9.  The heading to Section 404.005, Estates Code, is
 amended to read as follows:
 Sec. 404.005.  COURT-APPOINTED SUCCESSOR INDEPENDENT
 ADMINISTRATOR [EXECUTOR].
 SECTION 10.  Sections 404.005(a), (b), (c), (h), and (i),
 Estates Code, are amended to read as follows:
 (a)  If the will of a person who dies testate names an
 independent executor who, having qualified, fails for any reason to
 continue to serve, or is removed for cause by the court, and the
 will does not name a successor independent executor or if each
 successor executor named in the will fails for any reason to qualify
 as executor or indicates by affidavit filed with the application
 for an order continuing independent administration the successor
 executor's inability or unwillingness to serve as successor
 independent executor, all of the distributees of the decedent as of
 the filing of the application for an order continuing independent
 administration may apply to the probate court for the appointment
 of a qualified person, firm, or corporation to serve as successor
 independent administrator [executor].  If the probate court finds
 that continued administration of the estate is necessary, the court
 shall enter an order continuing independent administration and
 appointing the person, firm, or corporation designated in the
 application as successor independent administrator [executor],
 unless the probate court finds that it would not be in the best
 interest of the estate to do so.  The successor independent
 administrator [executor] shall serve with all of the powers and
 privileges granted to the successor's predecessor independent
 executor.
 (b)  Except as otherwise provided by this subsection, if a
 distributee described in this section is an incapacitated person,
 the guardian of the person of the distributee may sign the
 application on behalf of the distributee.  If the probate court
 finds that either the continuing of independent administration or
 the appointment of the person, firm, or corporation designated in
 the application as successor independent administrator [executor]
 would not be in the best interest of the incapacitated person, then,
 notwithstanding Subsection (a), the court may not enter an order
 continuing independent administration of the estate.  If the
 distributee is an incapacitated person and has no guardian of the
 person, the court may appoint a guardian ad litem to make
 application on behalf of the incapacitated person if the probate
 court considers such an appointment necessary to protect the
 interest of that distributee.  If a distributee described in this
 section is a minor and has no guardian of the person, a natural
 guardian of the minor may sign the application for the order
 continuing independent administration on the minor's behalf unless
 a conflict of interest exists between the minor and the natural
 guardian.
 (c)  Except as otherwise provided by this subsection, if a
 trust is created in the decedent's will or if the decedent's will
 devises property to a trustee as described by Section 254.001, the
 person or class of persons entitled to receive property outright
 from the trust on the decedent's death and those first eligible to
 receive the income from the trust, determined as if the trust were
 to be in existence on the date of the filing of the application for
 an order continuing independent administration, shall, for the
 purposes of this section, be considered to be the distributee or
 distributees on behalf of the trust, and any other trust or trusts
 coming into existence on the termination of the trust, and are
 authorized to apply for an order continuing independent
 administration on behalf of the trust without the consent or
 agreement of the trustee or any other beneficiary of the trust, or
 the trustee or any beneficiary of any other trust which may come
 into existence on the termination of the trust.  If a person
 considered to be a distributee under this subsection is an
 incapacitated person, the trustee or cotrustee may apply for the
 order continuing independent administration or sign the
 application on the incapacitated person's behalf if the trustee or
 cotrustee is not the person proposed to serve as the independent
 administrator [executor].
 (h)  If a successor independent administrator [executor] is
 appointed under this section, then, unless the probate court shall
 waive bond on application for waiver, the successor independent
 administrator [executor] shall be required to enter into bond
 payable to and to be approved by the judge and the judge's
 successors in a sum that is found by the judge to be adequate under
 all circumstances, or a bond with one surety in an amount that is
 found by the judge to be adequate under all circumstances, if the
 surety is an authorized corporate surety.
 (i)  Absent proof of fraud or collusion on the part of a
 judge, the judge may not be held civilly liable for the commission
 of misdeeds or the omission of any required act of any person, firm,
 or corporation designated as a successor independent administrator
 [executor] under this section.  Section 351.354 does not apply to an
 appointment of a successor independent administrator [executor]
 under this section.
 SECTION 11.  Section 452.006, Estates Code, is amended by
 adding Subsection (c) to read as follows:
 (c)  The appointee shall file with the court proof of service
 of the notice required under Subsection (a) in the manner provided
 by Section 51.103(b)(3).
 SECTION 12.  Section 503.002, Estates Code, is amended to
 read as follows:
 Sec. 503.002.  RECORDING OF CERTAIN FOREIGN TESTAMENTARY
 INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH [ORIGINAL SIGNATURES NOT
 REQUIRED].  (a)  An authenticated copy of a will or other
 testamentary instrument described by Section 503.001(a), along
 with a copy of the judgment, order, or decree by which the
 instrument was admitted to probate that has the attestation and
 certificate required by Section 501.002(c), that is written in
 whole or in part in a language other than English may be filed for
 recording in the deed records in any county in this state in which
 the land conveyed or disposed of in the instrument is located if:
 (1)  a correct English translation is recorded with the
 authenticated copies of the will or other testamentary instrument
 and judgment, order, or decree by which the instrument was admitted
 to probate; and
 (2)  the accuracy of the translation is sworn to before
 an officer authorized to administer oaths [Notwithstanding Section
 501.002(c), the original signatures required by that section may
 not be required for a recordation in the deed records in accordance
 with Section 503.001 or for a purpose described by Section 503.051
 or 503.052].
 (b)  The recording of an authenticated copy of a will or
 other testamentary instrument and a copy of the judgment, order, or
 decree in the manner provided by Subsection (a) operates as
 constructive notice from the date of filing to all persons of the:
 (1)  existence of the instrument; and
 (2)  title or titles conferred by the instrument.
 SECTION 13.  Chapter 1002, Estates Code, is amended by
 adding Sections 1002.0215 and 1002.0265 to read as follows:
 Sec. 1002.0215.  OFFICE OF PUBLIC GUARDIAN. "Office of
 public guardian" means an office of public guardian established by
 the commissioners court of a county under Subchapter G-1, Chapter
 1104.
 Sec. 1002.0265.  PUBLIC GUARDIAN. "Public guardian" means a
 person:
 (1)  appointed to administer an office of public
 guardian by the commissioners court of a county under Subchapter
 G-1, Chapter 1104; or
 (2)  with which one or more counties enter into an
 agreement under Section 1104.327(a)(2) or (d).
 SECTION 14.  Section 1021.001, Estates Code, is amended to
 read as follows:
 Sec. 1021.001.  MATTERS RELATED TO GUARDIANSHIP PROCEEDING.
 (a)  For purposes of this code, in a county in which there is no
 statutory probate court or county court of law exercising original
 probate jurisdiction, a matter related to a guardianship proceeding
 includes:
 (1)  the granting of letters of guardianship;
 (2)  the settling of an account of a guardian and all
 other matters relating to the settlement, partition, or
 distribution of a ward's estate;
 (3)  a claim brought by or against a guardianship
 estate;
 (4)  an action for trial of title to real property that
 is guardianship estate property, including the enforcement of a
 lien against the property;
 (5)  an action for trial of the right of property that
 is guardianship estate property;
 (6)  after a guardianship of the estate of a ward is
 required to be settled as provided by Section 1204.001:
 (A)  an action brought by or on behalf of the
 former ward against a former guardian of the ward for alleged
 misconduct arising from the performance of the person's duties as
 guardian;
 (B)  an action calling on the surety of a guardian
 or former guardian to perform in place of the guardian or former
 guardian, which may include the award of a judgment against the
 guardian or former guardian in favor of the surety;
 (C)  an action against a former guardian of the
 former ward that is brought by a surety that is called on to perform
 in place of the former guardian;
 (D)  a claim for the payment of compensation,
 expenses, and court costs, and any other matter authorized under
 Chapter 1155; and
 (E)  a matter related to an authorization made or
 duty performed by a guardian under Chapter 1204; and
 (7)  the appointment of a trustee for a trust created
 under Section 1301.053 or 1301.054, the settling of an account of
 the trustee, and all other matters relating to the trust.
 (a-1)  For purposes of this code, in a county in which there
 is no statutory probate court, but in which there is a county court
 at law exercising original probate jurisdiction, a matter related
 to a guardianship proceeding includes:
 (1)  all matters and actions described in Subsection
 (a);
 (2)  the interpretation and administration of a
 testamentary trust in which a ward is an income or remainder
 beneficiary; and
 (3)  the interpretation and administration of an inter
 vivos trust in which a ward is an income or remainder beneficiary.
 (b)  For purposes of this code, in a county in which there is
 a statutory probate court, a matter related to a guardianship
 proceeding includes:
 (1)  all matters and actions described in Subsections
 [Subsection] (a) and (a-1);
 (2)  a suit, action, or application filed against or on
 behalf of a guardianship or a trustee of a trust created under
 Section 1301.053 or 1301.054; and
 (3)  a cause of action in which a guardian in a
 guardianship pending in the statutory probate court is a party.
 SECTION 15.  Section 1023.006, Estates Code, is amended to
 read as follows:
 Sec. 1023.006.  TRANSFER OF RECORD.  When an order of
 transfer is made under Section 1023.005, the clerk shall record any
 unrecorded papers of the guardianship required to be recorded.  On
 payment of the clerk's fee, the clerk shall transmit in electronic
 or paper form to the county clerk of the county to which the
 guardianship was ordered transferred:
 (1)  the case file of the guardianship proceedings; and
 (2)  a certified copy of the index of the guardianship
 records.
 SECTION 16.  Section 1023.007, Estates Code, is amended to
 read as follows:
 Sec. 1023.007.  TRANSFER EFFECTIVE.  The order transferring
 a guardianship does not take effect until:
 (1)  the case file and a certified copy of the index
 required by Section 1023.006 are filed in electronic or paper form
 in the office of the county clerk of the county to which the
 guardianship was ordered transferred; and
 (2)  a certificate under the clerk's official seal and
 reporting the filing of the case file and a certified copy of the
 index is filed in electronic or paper form in the court ordering the
 transfer by the county clerk of the county to which the guardianship
 was ordered transferred.
 SECTION 17.  Section 1051.003(b), Estates Code, is amended
 to read as follows:
 (b)  A citation or notice issued by the county clerk must be
 styled "The State of Texas" and be signed by the clerk under the
 court's [clerk's] seal.
 SECTION 18.  The heading to Chapter 1054, Estates Code, is
 amended to read as follows:
 CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND
 ATTORNEYS
 SECTION 19.  The heading to Subchapter E, Chapter 1054,
 Estates Code, is amended to read as follows:
 SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED]
 ATTORNEY
 SECTION 20.  Section 1054.201, Estates Code, is amended by
 amending Subsection (a) and adding Subsection (c) to read as
 follows:
 (a)  Except as provided by Subsection (c), an [An] attorney
 representing any person's interests [for an applicant for
 guardianship and a court-appointed attorney] in a guardianship
 proceeding, including an attorney ad litem, must be certified by
 the State Bar of Texas, or a person or other entity designated by
 the state bar, as having successfully completed a course of study in
 guardianship law and procedure sponsored by the state bar or the
 state bar's designee.
 (c)  An attorney may commence representation of a person's
 interests and file an appearance in a guardianship proceeding
 before completing the course required for certification under
 Subsection (a), but must complete the course not later than the 14th
 day after the date of filing the appearance and before filing any
 substantive motion in the guardianship proceeding.
 SECTION 21.  Section 1101.001(b), Estates Code, is amended
 to read as follows:
 (b)  The application must be sworn to by the applicant and
 state:
 (1)  the proposed ward's name, sex, date of birth, and
 address;
 (2)  the name, former name, if any, relationship, and
 address of the person the applicant seeks to have appointed as
 guardian;
 (3)  whether guardianship of the person or estate, or
 both, is sought;
 (3-a)  whether alternatives to guardianship and
 available supports and services to avoid guardianship were
 considered;
 (3-b)  whether any alternatives to guardianship and
 supports and services available to the proposed ward considered are
 feasible and would avoid the need for a guardianship;
 (4)  the nature and degree of the alleged incapacity,
 the specific areas of protection and assistance requested, and the
 limitation or termination of rights requested to be included in the
 court's order of appointment, including a termination of:
 (A)  the right of a proposed ward who is 18 years
 of age or older to vote in a public election;
 (B)  the proposed ward's eligibility to hold or
 obtain a license to operate a motor vehicle under Chapter 521,
 Transportation Code; and
 (C)  the right of a proposed ward to make personal
 decisions regarding residence;
 (5)  the facts requiring the appointment of a guardian;
 (6)  the interest of the applicant in the appointment
 of a guardian;
 (7)  the nature and description of any kind of
 guardianship existing for the proposed ward in any other state;
 (8)  the name and address of any person or institution
 having the care and custody of the proposed ward;
 (9)  the approximate value and a detailed description
 of the proposed ward's property, including:
 (A)  liquid assets, including any compensation,
 pension, insurance, or allowance to which the proposed ward may be
 entitled; and
 (B)  non-liquid assets, including real property;
 (10)  the name and address of any person whom the
 applicant knows to hold a power of attorney signed by the proposed
 ward and a description of the type of power of attorney;
 (11)  for a proposed ward who is a minor, the following
 information if known by the applicant:
 (A)  the name of each of the proposed ward's
 parents and either the parent's address or that the parent is
 deceased;
 (B)  the name and age of each of the proposed
 ward's siblings, if any, and either the sibling's address or that
 the sibling is deceased; and
 (C)  if each of the proposed ward's parents and
 adult siblings are deceased, the names and addresses of the
 proposed ward's other living relatives who are related to the
 proposed ward within the third degree by consanguinity and who are
 adults;
 (12)  for a proposed ward who is a minor, whether the
 minor was the subject of a legal or conservatorship proceeding in
 the preceding two years and, if so:
 (A)  the court involved;
 (B)  the nature of the proceeding; and
 (C)  any final disposition of the proceeding;
 (13)  for a proposed ward who is an adult, the following
 information if known by the applicant:
 (A)  the name of the proposed ward's spouse, if
 any, and either the spouse's address or that the spouse is deceased;
 (B)  the name of each of the proposed ward's
 parents and either the parent's address or that the parent is
 deceased;
 (C)  the name and age of each of the proposed
 ward's siblings, if any, and either the sibling's address or that
 the sibling is deceased;
 (D)  the name and age of each of the proposed
 ward's children, if any, and either the child's address or that the
 child is deceased; and
 (E)  if there is no living spouse, parent, adult
 sibling, or adult child of the proposed ward, the names and
 addresses of the proposed ward's other living relatives who are
 related to the proposed ward within the third degree by
 consanguinity and who are adults;
 (14)  facts showing that the court has venue of the
 proceeding; and
 (15)  if applicable, that the person whom the applicant
 seeks to have appointed as a guardian is a private professional
 guardian who is certified under Subchapter C, Chapter 155,
 Government Code, and has complied with the requirements of
 Subchapter G, Chapter 1104.
 SECTION 22.  Section 1101.153(a), Estates Code, is amended
 to read as follows:
 (a)  A court order appointing a guardian must:
 (1)  specify:
 (A) [(1)]  the name of the person appointed;
 (B) [(2)]  the name of the ward;
 (C) [(3)]  whether the guardian is of the person
 or estate of the ward, or both;
 (D) [(4)]  the amount of any bond required;
 (E) [(5)]  if it is a guardianship of the estate
 of the ward and the court considers an appraisal to be necessary,
 one, two, or three disinterested persons to appraise the estate and
 to return the appraisement to the court; and
 (F) [(6)]  that the clerk will issue letters of
 guardianship to the person appointed when the person has qualified
 according to law; and
 (2)  if the court waives the guardian's training
 requirement, contain a finding that the waiver is in accordance
 with rules adopted by the supreme court under Section 155.203,
 Government Code.
 SECTION 23.  Section 1104.251(a), Estates Code, is amended
 to read as follows:
 (a)  An individual must be certified under Subchapter C,
 Chapter 155, Government Code, if the individual:
 (1)  is a private professional guardian;
 (2)  will represent the interests of a ward as a
 guardian on behalf of a private professional guardian;
 (3)  is providing guardianship services to a ward of a
 guardianship program on the program's behalf, except as provided by
 Section 1104.254; [or]
 (4)  is an employee of the Health and Human Services
 Commission [Department of Aging and Disability Services] providing
 guardianship services to a ward of the commission;
 (5)  is a public guardian; or
 (6)  will represent the interests of a ward as a
 guardian on behalf of a public guardian [department].
 SECTION 24.  Chapter 1104, Estates Code, is amended by
 adding Subchapter G-1 to read as follows:
 SUBCHAPTER G-1. PUBLIC GUARDIANS
 Sec. 1104.326.  DEFINITION. In this subchapter, unless the
 context otherwise requires, "office" means an office of public
 guardian established under this subchapter.
 Sec. 1104.327.  ESTABLISHMENT OF OFFICES; PUBLIC GUARDIANS.
 (a)  The commissioners court of a county by order may:
 (1)  create an office of public guardian to provide
 guardianship services described by Section 1104.334 to
 incapacitated persons; or
 (2)  enter into an agreement with a person operating a
 nonprofit guardianship program or private professional
 guardianship program located in the county or in an adjacent county
 to act as a public guardian by providing guardianship services
 described by Section 1104.334 to incapacitated persons.
 (b)  Subject to Subsection (c) and Section 1104.328, the
 commissioners court of a county shall appoint an individual as
 public guardian to administer the office of public guardian
 established under Subsection (a)(1) and may employ or authorize the
 public guardian to employ personnel necessary to perform the duties
 of the office, including personnel who will represent the interests
 of a ward as a guardian on behalf of the office if approved by the
 commissioners court.
 (c)  The commissioners court of a county may enter into an
 agreement with an individual to act as public guardian under
 Subsection (b) on a part-time basis with appropriate compensation
 if:
 (1)  the commissioners court determines a full-time
 appointment does not serve the needs of the county; and
 (2)  the individual who is appointed on a part-time
 basis is not employed in or does not hold another position that
 presents a conflict of interest.
 (d)  The commissioners courts of two or more counties may
 collectively enter into an agreement:
 (1)  to create and fund an office of public guardian for
 purposes of Subsection (a)(1) and to appoint the same individual as
 public guardian to that office under Subsection (b); or
 (2)  with a person operating a guardianship program
 described by Subsection (a)(2) to serve as a public guardian for
 purposes of that subdivision.
 (e)  An individual appointed as public guardian under
 Subsection (b) serves a term of five years.
 Sec. 1104.328.  QUALIFICATIONS OF PUBLIC GUARDIAN. To be
 appointed as public guardian under Section 1104.327(b), an
 individual must:
 (1)  be a licensed attorney or be certified under
 Subchapter C, Chapter 155, Government Code; and
 (2)  have demonstrable guardianship experience.
 Sec. 1104.329.  CONFLICT OF INTEREST. (a)  Except as
 provided by Subsection (b), an office or public guardian must be
 independent from providers of services to wards and proposed wards
 and may not directly provide housing, medical, legal, or other
 direct, non-surrogate decision-making services to a ward or
 proposed ward, unless approved by the court.
 (b)  An office or public guardian may provide money
 management services described by Section 531.125, Government Code,
 or other representative payee services to a ward or proposed ward.
 Sec. 1104.330.  COMPENSATION. A person appointed or acting
 as public guardian under Section 1104.327 shall receive
 compensation as set by the commissioners court and is not entitled
 to compensation under Subchapter A, Chapter 1155, unless approved
 by the court or the person is appointed as guardian of a ward in
 accordance with Section 1104.334(a)(2)(B).
 Sec. 1104.331.  BOND REQUIREMENT. (a)  A public guardian
 shall file with the court clerk a general bond in an amount fixed by
 the commissioners court payable to the county and issued by a surety
 company approved by the county judge. The bond must be conditioned
 on the faithful performance by the person of the person's duties
 and, if the public guardian administers an office, the office's
 duties.
 (b)  The bond required by this section satisfies any bond
 required under Chapter 1105.
 Sec. 1104.332.  VACANCY. If an individual appointed as
 public guardian under Section 1104.327(b) vacates the position, the
 commissioners court shall appoint, subject to Section 1104.328, an
 individual to serve as public guardian for the unexpired term.
 Sec. 1104.333.  POWERS AND DUTIES. (a)  An office or public
 guardian shall:
 (1)  if applicable, evaluate the financial status of a
 proposed ward to determine whether the proposed ward is eligible to
 have the office or public guardian appointed guardian of the ward
 under Section 1104.334(a)(2)(A); and
 (2)  serve as guardian of the person or of the estate of
 a ward, or both, on appointment by a court in accordance with the
 requirements of this title.
 (b)  In connection with a financial evaluation under
 Subsection (a)(1) and on the request of an office or public
 guardian, a court with jurisdiction over the guardianship
 proceeding may order the release of public and private records,
 including otherwise confidential records, to the office or public
 guardian.
 (c)  Notwithstanding Section 552.261, Government Code, a
 state agency may not charge an office or public guardian for
 providing the office or public guardian with a copy of public
 information requested from the agency by the office or public
 guardian.
 Sec. 1104.334.  APPOINTMENT OF OFFICE OR PUBLIC GUARDIAN AS
 GUARDIAN. (a)  In accordance with applicable law, including
 Subchapter C, Chapter 1101, a court may appoint an office or public
 guardian to serve as guardian of the person or of the estate of a
 ward, or both, if:
 (1)  on the date the guardianship application is filed,
 the ward resides in or is located in the county served by the office
 or public guardian; and
 (2)  the court finds that the ward:
 (A)  does not have sufficient assets or other
 resources to pay a private professional guardian to serve as the
 ward's guardian and the appointment is in the ward's best interest;
 or
 (B)  has sufficient assets or other resources to
 pay a private professional guardian to serve as the ward's
 guardian, the appointment is in the ward's best interest, and:
 (i)  the ward's family members who are
 eligible for appointment as the ward's guardian agree to the
 appointment of an office or public guardian to serve as the ward's
 guardian or are unable to agree on the person or persons that should
 be appointed as the ward's guardian; or
 (ii)  the ward does not have a family member,
 friend, or other suitable person willing and able to serve as the
 ward's guardian.
 (b)  For purposes of Subsection (a)(2), the determination of
 a ward's ability to pay a private professional guardian is
 dependent on:
 (1)  the nature, extent, and liquidity of the ward's
 assets;
 (2)  the ward's disposable net income, including income
 of a recipient of medical assistance that is used to pay expenses
 under Section 1155.202(a);
 (3)  the nature of the guardianship;
 (4)  the type, duration, and complexity of services
 required by the ward; and
 (5)  additional, foreseeable expenses.
 (c)  The number of appointments of an office under this
 section may not exceed 35 wards for each guardian representing the
 interests of wards on behalf of the office.
 (d)  If each guardian representing the interests of wards on
 behalf of an office reaches the limitation provided by Subsection
 (c), the office shall immediately give notice to the courts.
 Sec. 1104.335.  CONFIDENTIALITY AND DISCLOSURE OF
 INFORMATION. (a)  All files, reports, records, communications, or
 working papers used or developed by an office or public guardian in
 the performance of duties relating to a financial evaluation under
 Section 1104.333(a)(1) or the provision of guardianship services
 are confidential and not subject to disclosure under Chapter 552,
 Government Code.
 (b)  Confidential information may be disclosed only for a
 purpose consistent with this subchapter, as required by other state
 or federal law, or as necessary to enable an office or public
 guardian to exercise the powers and duties as guardian of the person
 or of the estate of a ward, or both.
 (c)  A court on its own motion or on the motion of an
 interested person may order disclosure of confidential information
 only if:
 (1)  a hearing on the motion is conducted;
 (2)  notice of the hearing is served on the office or
 public guardian and each interested person; and
 (3)  the court determines after the hearing and an in
 camera review of the information that disclosure is essential to
 the administration of justice and will not endanger the life or
 safety of any individual who:
 (A)  is being assessed for guardianship services;
 (B)  is a ward of the office or public guardian; or
 (C)  provides services to a ward of the office or
 public guardian.
 (d)  The Office of Court Administration of the Texas Judicial
 System shall establish policies and procedures for the exchange of
 information between offices, public guardians, and other
 appropriate governmental entities, as necessary for offices,
 public guardians, and governmental entities to properly execute
 their respective duties and responsibilities relating to
 guardianship services or other needed services for a ward. An
 exchange of information under this subsection does not constitute a
 release for purposes of waiving the confidentiality of the
 information exchanged.
 (e)  To the extent consistent with policies and procedures
 adopted by an office or public guardian, the office or public
 guardian on request may release confidential information in the
 record of an individual who is a former ward of the office or public
 guardian to:
 (1)  the individual;
 (2)  the individual's guardian; or
 (3)  an executor or administrator of the individual's
 estate.
 (f)  Before releasing confidential information under
 Subsection (e), an office or public guardian shall edit the
 information to protect the identity of any individual whose life or
 safety may be endangered by the release. A release of information
 under Subsection (e) does not constitute a release for purposes of
 waiving the confidentiality of the information released.
 Sec. 1104.336.  CERTAIN ADMINISTRATIVE COSTS. (a)  If an
 office or public guardian is appointed guardian of the person or of
 the estate of a ward, or both, the administrative costs of the
 guardianship services provided to the ward may not be charged to the
 ward's estate unless the court determines, subject to Subsection
 (b), that the ward is financially able to pay all or part of the
 costs.
 (b)  A court shall measure a ward's ability to pay for costs
 under Subsection (a) by whether the ward has sufficient assets or
 other resources to pay a private professional guardian to serve as
 the ward's guardian in accordance with Section 1104.334(b).
 Sec. 1104.337.  OFFICE OF COURT ADMINISTRATION OF THE TEXAS
 JUDICIAL SYSTEM; REPORT. (a)  Not later than December 1 of each
 even-numbered year, the Office of Court Administration of the Texas
 Judicial System shall submit a report to the governor and the
 legislature that contains an evaluation of public guardians
 established under this subchapter, including the establishment and
 operation of offices of public guardians under this subchapter and
 the provision of guardianship services by the offices. The report
 must include:
 (1)  an analysis of costs and offsetting savings or
 other benefits to the state as a result of the establishment and
 operation of offices and public guardians under this subchapter;
 and
 (2)  recommendations for legislation, if any.
 (b)  If it is cost-effective and feasible, the Office of
 Court Administration of the Texas Judicial System may contract with
 an appropriate research or public policy entity with expertise in
 gerontology, disabilities, and public administration to conduct
 the analysis described by Subsection (a)(1).
 Sec. 1104.338.  RULES. The supreme court, in consultation
 with the Office of Court Administration of the Texas Judicial
 System and the presiding judge of the statutory probate courts
 elected under Section 25.0022, Government Code, shall adopt rules
 necessary to implement this subchapter.
 SECTION 25.  Section 1104.402, Estates Code, is amended to
 read as follows:
 Sec. 1104.402.  COURT CLERK'S DUTY TO OBTAIN CRIMINAL
 HISTORY RECORD INFORMATION[; AUTHORITY TO CHARGE FEE].
 [(a)]  Except as provided by Section [1104.403,] 1104.404[,] or
 1104.406(a), the clerk of the county having venue of the proceeding
 for the appointment of a guardian shall obtain criminal history
 record information that is maintained by the Department of Public
 Safety or the Federal Bureau of Investigation identification
 division relating to:
 (1)  a private professional guardian;
 (2)  each person who represents or plans to represent
 the interests of a ward as a guardian on behalf of the private
 professional guardian;
 (3)  each person employed by a private professional
 guardian who will:
 (A)  have personal contact with a ward or proposed
 ward;
 (B)  exercise control over and manage a ward's
 estate; or
 (C)  perform any duties with respect to the
 management of a ward's estate;
 (4)  each person employed by or volunteering or
 contracting with a guardianship program to provide guardianship
 services to a ward of the program on the program's behalf; or
 (5)  any other person proposed to serve as a guardian
 under this title, including a proposed temporary guardian and a
 proposed successor guardian, other than an attorney.
 [(b)     The clerk may charge a $10 fee to recover the costs of
 obtaining criminal history record information under Subsection
 (a).]
 SECTION 26.  Section 1104.402(a), Estates Code, is amended
 to read as follows:
 (a)  Except as provided by Section 1104.403, 1104.404, or
 1104.406(a), the clerk of the county having venue of the proceeding
 for the appointment of a guardian shall obtain criminal history
 record information that is maintained by the Department of Public
 Safety or the Federal Bureau of Investigation identification
 division relating to:
 (1)  a private professional guardian;
 (2)  each person who represents or plans to represent
 the interests of a ward as a guardian on behalf of the private
 professional guardian;
 (3)  each person employed by a private professional
 guardian who will:
 (A)  have personal contact with a ward or proposed
 ward;
 (B)  exercise control over and manage a ward's
 estate; or
 (C)  perform any duties with respect to the
 management of a ward's estate;
 (4)  each person employed by or volunteering or
 contracting with a guardianship program to provide guardianship
 services to a ward of the program on the program's behalf; [or]
 (5)  a public guardian appointed under Section
 1104.327(b);
 (6)  each person who represents or plans to represent
 the interests of a ward as a guardian on behalf of an office of
 public guardian;
 (7)  each person employed by an office of public
 guardian who will:
 (A)  have personal contact with a ward or proposed
 ward;
 (B)  exercise control over and manage a ward's
 estate; or
 (C)  perform any duties with respect to the
 management of a ward's estate; or
 (8)  any other person proposed to serve as a guardian
 under this title, including a proposed temporary guardian and a
 proposed successor guardian, other than an attorney.
 SECTION 27.  Section 1104.405(a), Estates Code, is amended
 to read as follows:
 (a)  Criminal history record information obtained or
 provided under Section 1104.402[, 1104.403,] or 1104.404 is
 privileged and confidential and is for the exclusive use of the
 court. The criminal history record information may not be released
 or otherwise disclosed to any person or agency except on court order
 or consent of the person being investigated.
 SECTION 28.  Section 1104.409, Estates Code, is amended to
 read as follows:
 Sec. 1104.409.  USE OF INFORMATION BY COURT. The court shall
 use the information obtained under this subchapter only in
 determining whether to:
 (1)  appoint, remove, or continue the appointment of a
 private professional guardian, a guardianship program, an office of
 public guardian, or the Health and Human Services Commission
 [department]; or
 (2)  appoint any other person proposed to serve as a
 guardian under this title, including a proposed temporary guardian
 and a proposed successor guardian, other than an attorney.
 SECTION 29.  Subchapter A, Chapter 1151, Estates Code, is
 amended by adding Section 1151.005 to read as follows:
 Sec. 1151.005.  LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR
 WITNESS.  The guardian of the person or of the estate of a ward may
 not be excluded from attending a legal proceeding in which the ward
 is:
 (1)  a party; or
 (2)  participating as a witness.
 SECTION 30.  Section 1151.351(b), Estates Code, is amended
 to read as follows:
 (b)  Unless limited by a court or otherwise restricted by
 law, a ward is authorized to the following:
 (1)  to have a copy of the guardianship order and
 letters of guardianship and contact information for the probate
 court that issued the order and letters;
 (2)  to have a guardianship that encourages the
 development or maintenance of maximum self-reliance and
 independence in the ward with the eventual goal, if possible, of
 self-sufficiency;
 (3)  to be treated with respect, consideration, and
 recognition of the ward's dignity and individuality;
 (4)  to reside and receive support services in the most
 integrated setting, including home-based or other community-based
 settings, as required by Title II of the Americans with
 Disabilities Act (42 U.S.C. Section 12131 et seq.);
 (5)  to consideration of the ward's current and
 previously stated personal preferences, desires, medical and
 psychiatric treatment preferences, religious beliefs, living
 arrangements, and other preferences and opinions;
 (6)  to financial self-determination for all public
 benefits after essential living expenses and health needs are met
 and to have access to a monthly personal allowance;
 (7)  to receive timely and appropriate health care and
 medical treatment that does not violate the ward's rights granted
 by the constitution and laws of this state and the United States;
 (8)  to exercise full control of all aspects of life not
 specifically granted by the court to the guardian;
 (9)  to control the ward's personal environment based
 on the ward's preferences;
 (10)  to complain or raise concerns regarding the
 guardian or guardianship to the court, including living
 arrangements, retaliation by the guardian, conflicts of interest
 between the guardian and service providers, or a violation of any
 rights under this section;
 (11)  to receive notice in the ward's native language,
 or preferred mode of communication, and in a manner accessible to
 the ward, of a court proceeding to continue, modify, or terminate
 the guardianship and the opportunity to appear before the court to
 express the ward's preferences and concerns regarding whether the
 guardianship should be continued, modified, or terminated;
 (12)  to have a court investigator or[,] guardian ad
 litem[, or attorney ad litem] appointed by the court to investigate
 a complaint received by the court from the ward or any person about
 the guardianship;
 (13)  to participate in social, religious, and
 recreational activities, training, employment, education,
 habilitation, and rehabilitation of the ward's choice in the most
 integrated setting;
 (14)  to self-determination in the substantial
 maintenance, disposition, and management of real and personal
 property after essential living expenses and health needs are met,
 including the right to receive notice and object about the
 substantial maintenance, disposition, or management of clothing,
 furniture, vehicles, and other personal effects;
 (15)  to personal privacy and confidentiality in
 personal matters, subject to state and federal law;
 (16)  to unimpeded, private, and uncensored
 communication and visitation with persons of the ward's choice,
 except that if the guardian determines that certain communication
 or visitation causes substantial harm to the ward:
 (A)  the guardian may limit, supervise, or
 restrict communication or visitation, but only to the extent
 necessary to protect the ward from substantial harm; and
 (B)  the ward may request a hearing to remove any
 restrictions on communication or visitation imposed by the guardian
 under Paragraph (A);
 (17)  to petition the court and retain counsel of the
 ward's choice who holds a certificate required by Subchapter E,
 Chapter 1054, to represent the ward's interest for capacity
 restoration, modification of the guardianship, the appointment of a
 different guardian, or for other appropriate relief under this
 subchapter, including a transition to a supported decision-making
 agreement, except as limited by Section 1054.006;
 (18)  to vote in a public election, marry, and retain a
 license to operate a motor vehicle, unless restricted by the court;
 (19)  to personal visits from the guardian or the
 guardian's designee at least once every three months, but more
 often, if necessary, unless the court orders otherwise;
 (20)  to be informed of the name, address, phone
 number, and purpose of Disability Rights Texas, an organization
 whose mission is to protect the rights of, and advocate for, persons
 with disabilities, and to communicate and meet with representatives
 of that organization;
 (21)  to be informed of the name, address, phone
 number, and purpose of an independent living center, an area agency
 on aging, an aging and disability resource center, and the local
 mental health and intellectual and developmental disability
 center, and to communicate and meet with representatives from these
 agencies and organizations;
 (22)  to be informed of the name, address, phone
 number, and purpose of the Judicial Branch Certification Commission
 and the procedure for filing a complaint against a certified
 guardian;
 (23)  to contact the Department of Family and
 Protective Services to report abuse, neglect, exploitation, or
 violation of personal rights without fear of punishment,
 interference, coercion, or retaliation; and
 (24)  to have the guardian, on appointment and on
 annual renewal of the guardianship, explain the rights delineated
 in this subsection in the ward's native language, or preferred mode
 of communication, and in a manner accessible to the ward.
 SECTION 31.  Sections 1153.001(a) and (c), Estates Code, are
 amended to read as follows:
 (a)  Within one month after receiving letters of
 guardianship, a guardian of an estate shall provide notice
 requiring each person who has a claim against the estate to present
 the claim within the period prescribed by law. The notice must be:
 (1)  published in a newspaper of general circulation
 [printed] in the county in which the letters were issued; and
 (2)  sent to the comptroller by certified or registered
 mail, if the ward remitted or should have remitted taxes
 administered by the comptroller.
 (c)  If there is no [a] newspaper of general circulation [is
 not printed] in the county in which the letters of guardianship were
 issued, the notice must be posted and the return made and filed as
 otherwise required by this title.
 SECTION 32.  Section 1155.054(d), Estates Code, is amended
 to read as follows:
 (d)  If the court finds that a party in a guardianship
 proceeding acted in bad faith or without just cause in prosecuting
 or objecting to an application in the proceeding, the court may
 order [require] the party to reimburse the ward's estate for all or
 part of the attorney's fees awarded under this section and shall
 issue judgment against the party and in favor of the estate for the
 amount of attorney's fees ordered [required] to be reimbursed to
 the estate.
 SECTION 33.  Section 1155.151(a), Estates Code, is amended
 to read as follows:
 (a)  In a guardianship proceeding, the court costs of the
 proceeding, including the costs described by Subsection (a-1),
 shall, except as provided by Subsection (c), be paid as follows, and
 the court shall issue the judgment accordingly:
 (1)  out of the guardianship estate, if a guardianship
 of the estate has been created for the benefit of the ward and the
 court determines it is in the ward's best interest;
 (2)  out of the management trust, if a management trust
 has been created for the benefit of the ward under Chapter 1301 and
 the court determines it is in the ward's best interest;
 (3)  by the party to the proceeding who incurred the
 costs, unless that party filed, on the party's own behalf, an
 affidavit of inability to pay the costs under Rule 145, Texas Rules
 of Civil Procedure, that shows the party is unable to afford the
 costs, if:
 (A)  there is no guardianship estate or no
 management trust has been created for the ward's benefit; or
 (B)  the assets of the guardianship estate or
 management trust, as appropriate, are insufficient to pay the
 costs; or
 (4)  out of the county treasury if:
 (A)(i)  there is no guardianship estate or
 management trust;
 (ii)  [or] the assets of the guardianship
 estate or management trust, as appropriate, are insufficient to pay
 the costs; or
 (iii)  a guardianship of the estate has been
 created for the benefit of the ward and the court determines it is
 not in the ward's best interest to pay the costs; and
 (B)  the party to the proceeding who incurred the
 costs filed, on the party's own behalf, an affidavit of inability to
 pay the costs under Rule 145, Texas Rules of Civil Procedure, that
 shows the party is unable to afford the costs.
 SECTION 34.  Section 1155.151(a-2), Estates Code, is amended
 to read as follows:
 (a-2)  Notwithstanding any other law requiring the payment
 of court costs in a guardianship proceeding, the following are not
 required to pay court costs on the filing of or during a
 guardianship proceeding:
 (1)  an attorney ad litem;
 (2)  a guardian ad litem;
 (3)  a person or entity who files an affidavit of
 inability to pay the costs under Rule 145, Texas Rules of Civil
 Procedure, that shows the person or entity is unable to afford the
 costs;
 (4)  a nonprofit guardianship program;
 (5)  a governmental entity, including an office of
 public guardian; and
 (6)  a government agency or nonprofit agency providing
 guardianship services.
 SECTION 35.  Section 1163.005(a), Estates Code, is amended
 to read as follows:
 (a)  The guardian of the estate shall attach to an account
 the guardian's affidavit stating:
 (1)  that the account contains a correct and complete
 statement of the matters to which the account relates;
 (2)  that the guardian has paid the bond premium for the
 next accounting period;
 (3)  that the guardian has filed all tax returns of the
 ward due during the accounting period;
 (4)  that the guardian has paid all taxes the ward owed
 during the accounting period, the amount of the taxes, the date the
 guardian paid the taxes, and the name of the governmental entity to
 which the guardian paid the taxes; and
 (5)  if the guardian is a private professional
 guardian, a guardianship program, an office of public guardian, or
 the Health and Human Services Commission [Department of Aging and
 Disability Services], whether the guardian or an individual
 certified under Subchapter C, Chapter 155 [111], Government Code,
 who is providing guardianship services to the ward and who is
 swearing to the account on the guardian's behalf, is or has been the
 subject of an investigation conducted by the Judicial Branch
 [Guardianship] Certification Commission [Board] during the
 accounting period.
 SECTION 36.  Section 1163.101(c), Estates Code, is amended
 to read as follows:
 (c)  The guardian of the person shall file a sworn affidavit
 that contains:
 (1)  the guardian's current name, address, and
 telephone number;
 (2)  the ward's date of birth and current name, address,
 telephone number, and age;
 (3)  a description of the type of home in which the ward
 resides, which shall be described as:
 (A)  the ward's own home;
 (B)  a nursing home;
 (C)  a guardian's home;
 (D)  a foster home;
 (E)  a boarding home;
 (F)  a relative's home, in which case the
 description must specify the relative's relationship to the ward;
 (G)  a hospital or medical facility; or
 (H)  another type of residence;
 (4)  statements indicating:
 (A)  the length of time the ward has resided in the
 present home;
 (B)  the reason for a change in the ward's
 residence, if a change in the ward's residence has occurred in the
 past year;
 (C)  the date the guardian most recently saw the
 ward;
 (D)  how frequently the guardian has seen the ward
 in the past year;
 (E)  whether the guardian has possession or
 control of the ward's estate;
 (F)  whether the ward's mental health has
 improved, deteriorated, or remained unchanged during the past year,
 including a description of the change if a change has occurred;
 (G)  whether the ward's physical health has
 improved, deteriorated, or remained unchanged during the past year,
 including a description of the change if a change has occurred;
 (H)  whether the ward has regular medical care;
 and
 (I)  the ward's treatment or evaluation by any of
 the following persons during the past year, including the person's
 name and a description of the treatment:
 (i)  a physician;
 (ii)  a psychiatrist, psychologist, or other
 mental health care provider;
 (iii)  a dentist;
 (iv)  a social or other caseworker; or
 (v)  any other individual who provided
 treatment;
 (5)  a description of the ward's activities during the
 past year, including recreational, educational, social, and
 occupational activities, or a statement that no activities were
 available or that the ward was unable or refused to participate in
 activities;
 (6)  the guardian's evaluation of:
 (A)  the ward's living arrangements as excellent,
 average, or below average, including an explanation if the
 conditions are below average;
 (B)  whether the ward is content or unhappy with
 the ward's living arrangements; and
 (C)  unmet needs of the ward;
 (7)  a statement indicating whether the guardian's
 power should be increased, decreased, or unaltered, including an
 explanation if a change is recommended;
 (8)  a statement indicating that the guardian has paid
 the bond premium for the next reporting period;
 (9)  if the guardian is a private professional
 guardian, a guardianship program, an office of public guardian, or
 the Health and Human Services Commission [Department of Aging and
 Disability Services], whether the guardian or an individual
 certified under Subchapter C, Chapter 155, Government Code, who is
 providing guardianship services to the ward and who is filing the
 affidavit on the guardian's behalf, is or has been the subject of an
 investigation conducted by the Judicial Branch [Guardianship]
 Certification Commission [Board] during the preceding year; and
 (10)  any additional information the guardian desires
 to share with the court regarding the ward, including:
 (A)  whether the guardian has filed for emergency
 detention of the ward under Subchapter A, Chapter 573, Health and
 Safety Code; and
 (B)  if applicable, the number of times the
 guardian has filed for emergency detention and the dates of the
 applications for emergency detention.
 SECTION 37.  Section 1253.001, Estates Code, is amended to
 read as follows:
 Sec. 1253.001.  APPLICATION TO TRANSFER GUARDIANSHIP TO
 FOREIGN JURISDICTION.  On application of the guardian or on the
 court's own motion, a [A guardian of the person or estate may apply
 to the] court that has jurisdiction over the guardianship may [to]
 transfer the guardianship to a court in a foreign jurisdiction to
 which the ward has permanently moved.
 SECTION 38.  Subchapter B, Chapter 1301, Estates Code, is
 amended by adding Section 1301.0511 to read as follows:
 Sec. 1301.0511.  NOTICE REQUIRED FOR APPLICATION FOR
 CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED. (a)  On the
 filing of an application for creation of a management trust and
 except as provided by Subsection (d), notice shall be issued and
 served in the manner provided by Subchapter C, Chapter 1051, for the
 issuance and service of notice on the filing of an application for
 guardianship.
 (b)  It is not necessary to serve a citation on a person who
 files an application for the creation of a management trust under
 this subchapter or for that person to waive the issuance and
 personal service of citation.
 (c)  If the person for whom an application for creation of a
 management trust is filed is a ward, the sheriff or other officer,
 in addition to serving the persons described by Section 1051.103,
 shall personally serve each guardian of the ward with citation to
 appear and answer the application.
 (d)  Notice under this section is not required if a
 proceeding for the appointment of a guardian is pending for the
 person for whom an application for creation of a management trust is
 filed.
 SECTION 39.  Section 1301.101(a), Estates Code, is amended
 to read as follows:
 (a)  Except as provided by Subsection (c), a management trust
 created for a ward or incapacitated person must provide that:
 (1)  the ward or incapacitated person is the sole
 beneficiary of the trust;
 (2)  the trustee may disburse an amount of the trust's
 principal or income as the trustee determines is necessary to spend
 for the health, education, maintenance, or support of the person
 for whom the trust is created;
 (3)  the trust income that the trustee does not
 disburse under Subdivision (2) must be added to the trust
 principal;
 (4)  a trustee that is a corporate fiduciary serves
 without giving a bond; [and]
 (5)  subject to the court's approval and Subsection
 (b), a trustee is entitled to receive reasonable compensation for
 services the trustee provides to the person for whom the trust is
 created as the person's trustee; and
 (6)  the trust terminates:
 (A)  except as provided by Paragraph (B), if the
 person for whom the trust is created is a minor:
 (i)  on the earlier of:
 (a)  the person's death; or
 (b)  the person's 18th birthday; or
 (ii)  on the date provided by court order,
 which may not be later than the person's 25th birthday;
 (B)  if the person for whom the trust is created is
 a minor and is also incapacitated for a reason other than being a
 minor:
 (i)  on the person's death; or
 (ii)  when the person regains capacity; or
 (C)  if the person for whom the trust is created is
 not a minor:
 (i)  according to the terms of the trust;
 (ii)  on the date the court determines that
 continuing the trust is no longer in the person's best interests,
 subject to Section 1301.202(c); or
 (iii)  on the person's death.
 SECTION 40.  Section 1301.154(b), Estates Code, is amended
 to read as follows:
 (b)  The trustee of a management trust created for a ward
 shall provide a copy of the annual account to each [the] guardian of
 the ward [ward's estate or person].
 SECTION 41.  Section 1301.203, Estates Code, is amended by
 amending Subsection (a) and adding Subsection (a-1) to read as
 follows:
 (a)  Except as provided by Subsection (a-1), if [If] the
 person for whom a management trust is created is a minor, the trust
 terminates on:
 (1)  the earlier of:
 (A)  the person's death; or
 (B)  the person's 18th birthday; or
 (2)  the date provided by court order, which may not be
 later than the person's 25th birthday.
 (a-1)  If the person for whom a management trust is created
 is a minor and is also incapacitated for a reason other than being a
 minor, the trust terminates:
 (1)  on the person's death; or
 (2)  when the person regains capacity.
 SECTION 42.  Sections 1355.002(b), (c), (d), (e), and (f),
 Estates Code, are amended to read as follows:
 (b)  This section applies only to a nonresident creditor who
 is:
 (1)  a nonresident minor and has a nonresident guardian
 of the estate appointed by a foreign court;
 (2)  [,] a nonresident person who is adjudged by a
 foreign court [of competent jurisdiction] to be incapacitated and
 has a nonresident guardian of the estate appointed by that
 court;[,] or
 (3)  the nonresident former ward of a guardianship
 terminated under Chapter 1204 who has no legal guardian qualified
 in this state.
 (c)  A debtor in this state who owes money to a nonresident
 creditor to whom this section applies may pay the money:
 (1)  to the creditor's guardian of the estate qualified
 in the domiciliary jurisdiction; or
 (2)  to the county clerk of:
 (A)  any county in this state in which real
 property owned by the creditor is located; or
 (B)  if the creditor is not known to own real
 property in this state, the county in which the debtor resides.
 (d)  A payment made under this section is for the nonresident
 creditor's account and for the nonresident creditor's use and
 benefit.
 (e)  A receipt for payment signed by the county clerk is
 binding on the nonresident creditor as of the date and to the extent
 of payment if the receipt states:
 (1)  the creditor's name; and
 (2)  the creditor's post office address, if the address
 is known.
 (f)  A county clerk who receives a payment under Subsection
 (c) for a nonresident creditor shall handle the money in the same
 manner as provided for a payment to the account of a resident
 creditor under Sections 1355.001, 1355.051, 1355.052, 1355.102,
 1355.103, and 1355.104. Those sections apply to the handling and
 disposition of money or any increase, dividend, or income paid to
 the clerk for the use, benefit, and account of the nonresident
 creditor to whom this section applies.
 SECTION 43.  Section 1355.105, Estates Code, is amended to
 read as follows:
 Sec. 1355.105.  WITHDRAWAL OF MONEY BY CREDITOR OR
 CREDITOR'S HEIR, [OR] REPRESENTATIVE, OR GUARDIAN. (a)  On
 presentation to the court clerk of an order of a county or probate
 court of the county in which the money is held, money that is not
 withdrawn by an authorized person as provided by this chapter may be
 withdrawn by:
 (1)  the creditor, after termination of the creditor's
 disability;
 (2)  a subsequent personal representative of the
 creditor; [or]
 (3)  the creditor's heirs; or
 (4)  a nonresident guardian of the estate appointed by
 a foreign court for a creditor who is:
 (A)  a nonresident minor; or
 (B)  a nonresident person who is adjudged to be
 incapacitated.
 (b)  Except as provided by Subsection (b-1), a [A] withdrawal
 under Subsection (a) may be made at any time and without a special
 bond for that purpose.
 (b-1)  A court may require a nonresident guardian of the
 estate of a creditor who is a nonresident minor or nonresident
 incapacitated person as described by Subsection (a)(4) to provide
 proof that the nonresident guardian of the estate gave an adequate
 bond in the foreign jurisdiction if the court determines that it is
 in the nonresident minor's or nonresident incapacitated person's
 best interest.
 (c)  The order presented under Subsection (a) must direct the
 court clerk to deliver the money to:
 (1)  the creditor;
 (2)  [,] the creditor's personal representative;
 (3)  [, or] the creditor's heirs named in the order; or
 (4)  if the creditor is a nonresident minor or
 nonresident person who is adjudged to be incapacitated, the
 creditor's nonresident guardian of the estate.
 (d)  Before the court may issue an order under this section,
 the person's identity and credentials must be proved to the court's
 satisfaction. For purposes of this subsection, a nonresident
 guardian of the estate described by Subsection (c)(4) must present
 to the court exemplified copies of the order of a foreign court
 appointing the guardian and current letters of guardianship issued
 in the foreign jurisdiction.
 SECTION 44.  Section 25.0006, Government Code, is amended by
 amending Subsection (a) and adding Subsection (a-5) to read as
 follows:
 (a)  Notwithstanding any other law except Subsection (a-4),
 Subsections (a-1), (a-2), [and] (a-3), and (a-5) control over a
 specific provision for a particular court or county that attempts
 to create a requirement for a bond or insurance that conflicts with
 those subsections.
 (a-5)  A bond executed under Subsection (a-1) by the judge
 elected or appointed to a statutory county court or an insurance
 policy obtained under Subsection (a-3) shall provide the same
 coverage to a visiting judge assigned to the court as the bond or
 insurance policy provides to the judge elected or appointed to the
 court.
 SECTION 45.  Section 25.00231, Government Code, is amended
 by adding Subsection (f) to read as follows:
 (f)  Notwithstanding Subsection (e), a bond executed under
 Subsection (b) by the judge elected or appointed to a statutory
 probate court or an insurance policy obtained under Subsection (c)
 shall provide the same coverage to a visiting judge assigned to the
 court as the bond or insurance policy provides to the judge elected
 or appointed to the court.
 SECTION 46.  Section 26.001, Government Code, is amended by
 adding Subsection (d) to read as follows:
 (d)  A bond executed under Subsection (a) by the judge
 elected or appointed to a county court or an insurance policy
 obtained under Subsection (c) shall provide the same coverage to a
 visiting judge assigned to the court as the bond or insurance policy
 provides to the judge elected or appointed to the court.
 SECTION 47.  Section 81.114, Government Code, is amended by
 amending Subsection (a) and adding Subsection (e) to read as
 follows:
 (a)  The state bar shall provide a course of instruction for
 attorneys who represent any person's interests [parties] in
 guardianship cases or who serve as court-appointed guardians.
 (e)  The course of instruction described by this section must
 be low-cost and available to persons throughout this state,
 including on the Internet provided through the state bar.
 SECTION 48.  Section 101.0814, Government Code, is amended
 to read as follows:
 Sec. 101.0814.  STATUTORY COUNTY COURT FEES AND COSTS:
 LOCAL GOVERNMENT CODE.  The clerk of a statutory county court shall
 collect fees and costs under the Local Government Code as follows:
 (1)  additional filing fee to fund contingency fund for
 liability insurance, if authorized by the county commissioners
 court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
 (2)  civil court actions (Sec. 118.052, Local
 Government Code):
 (A)  filing of original action (Secs. 118.052 and
 118.053, Local Government Code):
 (i)  garnishment after judgment (Sec.
 118.052, Local Government Code) . . . $15; and
 (ii)  all others (Sec. 118.052, Local
 Government Code) . . . $40;
 (B)  filing of action other than original (Secs.
 118.052 and 118.054, Local Government Code) . . . $30; and
 (C)  services rendered after judgment in original
 action (Secs. 118.052 and 118.0545, Local Government Code):
 (i)  abstract of judgment (Sec. 118.052,
 Local Government Code) . . . $5; and
 (ii)  execution, order of sale, writ, or
 other process (Sec. 118.052, Local Government Code) . . . $5;
 (3)  probate court actions (Sec. 118.052, Local
 Government Code):
 (A)  probate original action (Secs. 118.052 and
 118.055, Local Government Code):
 (i)  probate of a will with independent
 executor, administration with will attached, administration of an
 estate, guardianship or receivership of an estate, or muniment of
 title (Sec. 118.052, Local Government Code) . . . $40;
 (ii)  community survivors (Sec. 118.052,
 Local Government Code) . . . $40;
 (iii)  small estates (Sec. 118.052, Local
 Government Code) . . . $40;
 (iv)  declarations of heirship (Sec.
 118.052, Local Government Code) . . . $40;
 (v)  mental health or chemical dependency
 services (Sec. 118.052, Local Government Code) . . . $40; and
 (vi)  additional, special fee (Secs. 118.052
 and 118.064, Local Government Code) . . . $5;
 (B)  services in pending probate action (Secs.
 118.052 and 118.056, Local Government Code):
 (i)  filing an inventory and appraisement
 (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
 (ii)  approving and recording bond (Sec.
 118.052, Local Government Code) . . . $3;
 (iii)  administering oath (Sec. 118.052,
 Local Government Code) . . . $2;
 (iv)  filing annual or final account of
 estate (Sec. 118.052, Local Government Code) . . . $25;
 (v)  filing application for sale of real or
 personal property (Sec. 118.052, Local Government Code) . . . $25;
 (vi)  filing annual or final report of
 guardian of a person (Sec. 118.052, Local Government Code) . . .
 $10; and
 (vii)  filing a document not listed under
 this paragraph after the filing of an order approving the inventory
 and appraisement or after the 120th day after the date of the
 initial filing of the action, whichever occurs first (Secs. 118.052
 and 191.007, Local Government Code), if more than 25 pages . . .
 $25;
 (C)  adverse probate action (Secs. 118.052 and
 118.057, Local Government Code) . . . $40;
 (D)  claim against estate (Secs. 118.052 and
 118.058, Local Government Code) . . . $10;
 (E)  supplemental public [court-initiated]
 guardianship and related services fee (Secs. 118.052 and 118.067,
 Local Government Code) . . . $20; and
 (F)  supplemental public probate administrator
 fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
 (4)  other fees (Sec. 118.052, Local Government Code):
 (A)  issuing document (Secs. 118.052 and 118.059,
 Local Government Code):
 (i)  original document and one copy (Sec.
 118.052, Local Government Code) . . . $4; and
 (ii)  each additional set of an original and
 one copy (Sec. 118.052, Local Government Code) . . . $4;
 (B)  certified papers (Secs. 118.052 and 118.060,
 Local Government Code):
 (i)  for the clerk's certificate (Sec.
 118.052, Local Government Code) . . . $5; and
 (ii)  a fee per page or part of a page (Sec.
 118.052, Local Government Code) . . . $1;
 (C)  noncertified papers, for each page or part of
 a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
 $1;
 (D)  letters testamentary, letter of
 guardianship, letter of administration, or abstract of judgment
 (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
 (E)  safekeeping of wills (Secs. 118.052 and
 118.062, Local Government Code) . . . $5;
 (F)  mail service of process (Secs. 118.052 and
 118.063, Local Government Code) . . . same as sheriff; and
 (G)  records management and preservation fee
 (Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
 . . . $5;
 (5)  additional filing fee for filing any civil action
 or proceeding requiring a filing fee, including an appeal, and on
 the filing of any counterclaim, cross-action, intervention,
 interpleader, or third-party action requiring a filing fee, to fund
 civil legal services for the indigent (Sec. 133.153, Local
 Government Code) . . . $10;
 (6)  on the filing of a civil suit, an additional filing
 fee to be used for court-related purposes for the support of the
 judiciary (Sec. 133.154, Local Government Code) . . . $42;
 (7)  additional filing fee to fund the courthouse
 security fund, if authorized by the county commissioners court
 (Sec. 291.008, Local Government Code) . . . not to exceed $5;
 (8)  additional filing fee for filing documents not
 subject to certain filing fees to fund the courthouse security
 fund, if authorized by the county commissioners court (Sec.
 291.008, Local Government Code) . . . $1;
 (9)  additional filing fee to fund the courthouse
 security fund in Webb County, if authorized by the county
 commissioners court (Sec. 291.009, Local Government Code) . . . not
 to exceed $20; and
 (10)  court cost in civil cases other than suits for
 delinquent taxes to fund the county law library fund, if authorized
 by the county commissioners court (Sec. 323.023, Local Government
 Code) . . . not to exceed $35.
 SECTION 49.  Section 101.1013, Government Code, is amended
 to read as follows:
 Sec. 101.1013.  STATUTORY PROBATE COURT FEES AND COSTS:
 LOCAL GOVERNMENT CODE.  The clerk of a statutory probate court shall
 collect fees and costs under the Local Government Code as follows:
 (1)  additional filing fee for filing any civil action
 or proceeding requiring a filing fee, including an appeal, and on
 the filing of any counterclaim, cross-action, intervention,
 interpleader, or third-party action requiring a filing fee to fund
 civil legal services for the indigent (Sec. 133.153, Local
 Government Code) . . . $10;
 (2)  additional filing fee to fund contingency fund for
 liability insurance, if authorized by the county commissioners
 court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
 (3)  probate court actions (Sec. 118.052, Local
 Government Code):
 (A)  probate original action (Secs. 118.052 and
 118.055, Local Government Code):
 (i)  probate of a will with independent
 executor, administration with will attached, administration of an
 estate, guardianship or receivership of an estate, or muniment of
 title (Sec. 118.052, Local Government Code) . . . $40;
 (ii)  community survivors (Sec. 118.052,
 Local Government Code) . . . $40;
 (iii)  small estates (Sec. 118.052, Local
 Government Code) . . . $40;
 (iv)  declarations of heirship (Sec.
 118.052, Local Government Code) . . . $40;
 (v)  mental health or chemical dependency
 services (Sec. 118.052, Local Government Code) . . . $40; and
 (vi)  additional, special fee (Secs. 118.052
 and 118.064, Local Government Code) . . . $5;
 (B)  services in pending probate action (Secs.
 118.052 and 118.056, Local Government Code):
 (i)  filing an inventory and appraisement
 (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
 (ii)  approving and recording bond (Sec.
 118.052, Local Government Code) . . . $3;
 (iii)  administering oath (Sec. 118.052,
 Local Government Code) . . . $2;
 (iv)  filing annual or final account of
 estate (Sec. 118.052, Local Government Code). . . $25;
 (v)  filing application for sale of real or
 personal property (Sec. 118.052, Local Government Code) . . . $25;
 (vi)  filing annual or final report of
 guardian of a person (Sec. 118.052, Local Government Code) . . .
 $10; and
 (vii)  filing a document not listed under
 this paragraph after the filing of an order approving the inventory
 and appraisement or after the 120th day after the date of the
 initial filing of the action, whichever occurs first (Secs. 118.052
 and 191.007, Local Government Code), if more than 25 pages . . .
 $25;
 (C)  adverse probate action (Secs. 118.052 and
 118.057, Local Government Code) . . . $40;
 (D)  claim against estate (Secs. 118.052 and
 118.058, Local Government Code) . . . $10;
 (E)  supplemental public [court-initiated]
 guardianship and related services fee (Secs. 118.052 and 118.067,
 Local Government Code) . . . $20; and
 (F)  supplemental public probate administrator
 fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
 (4)  other fees (Sec. 118.052, Local Government Code):
 (A)  issuing document (Secs. 118.052 and 118.059,
 Local Government Code):
 (i)  original document and one copy (Sec.
 118.052, Local Government Code) . . . $4; and
 (ii)  each additional set of an original and
 one copy (Sec. 118.052, Local Government Code) . . . $4;
 (B)  certified papers (Secs. 118.052 and 118.060,
 Local Government Code):
 (i)  for the clerk's certificate (Sec.
 118.052, Local Government Code) . . . $5; and
 (ii)  a fee per page or part of a page (Sec.
 118.052, Local Government Code) . . . $1;
 (C)  noncertified papers, for each page or part of
 a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
 $1;
 (D)  letters testamentary, letter of
 guardianship, letter of administration, or abstract of judgment
 (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
 (E)  safekeeping of wills (Secs. 118.052 and
 118.062, Local Government Code) . . . $5;
 (F)  mail service of process (Secs. 118.052 and
 118.063, Local Government Code) . . . same as sheriff; and
 (G)  records management and preservation fee
 (Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
 (5)  court cost in civil cases other than suits for
 delinquent taxes to fund the county law library fund, if authorized
 by the county commissioners court (Sec. 323.023, Local Government
 Code) . . . not to exceed $35.
 SECTION 50.  Section 101.1214, Government Code, is amended
 to read as follows:
 Sec. 101.1214.  COUNTY COURT FEES AND COSTS: LOCAL
 GOVERNMENT CODE. The clerk of a county court shall collect the
 following fees and costs under the Local Government Code:
 (1)  additional filing fee to fund contingency fund for
 liability insurance, if authorized by the county commissioners
 court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
 (2)  civil court actions (Sec. 118.052, Local
 Government Code):
 (A)  filing of original action (Secs. 118.052 and
 118.053, Local Government Code):
 (i)  garnishment after judgment (Sec.
 118.052, Local Government Code) . . . $15; and
 (ii)  all others (Sec. 118.052, Local
 Government Code) . . . $40;
 (B)  filing of action other than original (Secs.
 118.052 and 118.054, Local Government Code) . . . $30; and
 (C)  services rendered after judgment in original
 action (Secs. 118.052 and 118.0545, Local Government Code):
 (i)  abstract of judgment (Sec. 118.052,
 Local Government Code) . . . $5; and
 (ii)  execution, order of sale, writ, or
 other process (Sec. 118.052, Local Government Code) . . . $5;
 (3)  probate court actions (Sec. 118.052, Local
 Government Code):
 (A)  probate original action (Secs. 118.052 and
 118.055, Local Government Code):
 (i)  probate of a will with independent
 executor, administration with will attached, administration of an
 estate, guardianship or receivership of an estate, or muniment of
 title (Sec. 118.052, Local Government Code) . . . $40;
 (ii)  community survivors (Sec. 118.052,
 Local Government Code) . . . $40;
 (iii)  small estates (Sec. 118.052, Local
 Government Code) . . . $40;
 (iv)  declarations of heirship (Sec.
 118.052, Local Government Code) . . . $40;
 (v)  mental health or chemical dependency
 services (Sec. 118.052, Local Government Code) . . . $40; and
 (vi)  additional, special fee (Secs. 118.052
 and 118.064, Local Government Code) . . . $5;
 (B)  services in pending probate action (Secs.
 118.052 and 118.056, Local Government Code):
 (i)  filing an inventory and appraisement
 (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
 (ii)  approving and recording bond (Sec.
 118.052, Local Government Code) . . . $3;
 (iii)  administering oath (Sec. 118.052,
 Local Government Code) . . . $2;
 (iv)  filing annual or final account of
 estate (Sec. 118.052, Local Government Code) . . . $25;
 (v)  filing application for sale of real or
 personal property (Sec. 118.052, Local Government Code) . . . $25;
 (vi)  filing annual or final report of
 guardian of a person (Sec. 118.052, Local Government Code) . . .
 $10; and
 (vii)  filing a document not listed under
 this paragraph after the filing of an order approving the inventory
 and appraisement or after the 120th day after the date of the
 initial filing of the action, whichever occurs first (Secs. 118.052
 and 191.007, Local Government Code), if more than 25 pages . . .
 $25;
 (C)  adverse probate action (Secs. 118.052 and
 118.057, Local Government Code) . . . $40;
 (D)  claim against estate (Secs. 118.052 and
 118.058, Local Government Code) . . . $10;
 (E)  supplemental public [court-initiated]
 guardianship and related services fee (Secs. 118.052 and 118.067,
 Local Government Code) . . . $20; and
 (F)  supplemental public probate administrator
 fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
 (4)  other fees (Sec. 118.052, Local Government Code):
 (A)  issuing document (Secs. 118.052 and 118.059,
 Local Government Code):
 (i)  original document and one copy (Sec.
 118.052, Local Government Code) . . . $4; and
 (ii)  each additional set of an original and
 one copy (Sec. 118.052, Local Government Code) . . . $4;
 (B)  certified papers (Secs. 118.052 and 118.060,
 Local Government Code):
 (i)  for the clerk's certificate (Sec.
 118.052, Local Government Code) . . . $5; and
 (ii)  a fee per page or part of a page (Sec.
 118.052, Local Government Code) . . . $1;
 (C)  noncertified papers, for each page or part of
 a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
 $1;
 (D)  letters testamentary, letter of
 guardianship, letter of administration, or abstract of judgment
 (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
 (E)  safekeeping of wills (Secs. 118.052 and
 118.062, Local Government Code) . . . $5;
 (F)  mail service of process (Secs. 118.052 and
 118.063, Local Government Code) . . . same as sheriff; and
 (G)  records management and preservation fee
 (Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
 . . . $5;
 (5)  deposit on filing petition requesting permission
 to create a municipal civic center authority (Sec. 281.013, Local
 Government Code) . . . $200;
 (6)  additional filing fee to fund the courthouse
 security fund, if authorized by the county commissioners court
 (Sec. 291.008, Local Government Code) . . . not to exceed $5;
 (7)  additional filing fee for filing documents not
 subject to certain filing fees to fund the courthouse security
 fund, if authorized by the county commissioners court (Sec.
 291.008, Local Government Code) . . . $1;
 (8)  additional filing fee to fund the courthouse
 security fund in Webb County, if authorized by the county
 commissioners court (Sec. 291.009, Local Government Code) . . . not
 to exceed $20;
 (9)  court cost in civil cases other than suits for
 delinquent taxes to fund the county law library fund, if authorized
 by the county commissioners court (Sec. 323.023, Local Government
 Code) . . . not to exceed $35;
 (10)  additional filing fee for filing any civil action
 or proceeding requiring a filing fee, including an appeal, and on
 the filing of any counterclaim, cross-action, intervention,
 interpleader, or third-party action requiring a filing fee, to fund
 civil legal services for the indigent (Sec. 133.153, Local
 Government Code) . . . $10; and
 (11)  on the filing of a civil suit an additional filing
 fee to be used for court-related purposes for the support of the
 judiciary (Sec. 133.154, Local Government Code) . . . $42.
 SECTION 51.  Section 155.001, Government Code, is amended by
 amending Subdivisions (4), (6), and (6-a) and adding Subdivisions
 (5-a) and (6-b) to read as follows:
 (4)  "Guardianship program" means a local, county, or
 regional program, other than an office of public guardian, that
 provides guardianship and related services to an incapacitated
 person or other person who needs assistance in making decisions
 concerning the person's own welfare or financial affairs.
 (5-a)  "Office of public guardian" has the meaning
 assigned by Section 1002.0215, Estates Code.
 (6)  "Private professional guardian" means a person,
 other than an attorney, [or] a corporate fiduciary, or an office of
 public guardian, who is engaged in the business of providing
 guardianship services.
 (6-a)  "Public guardian" has the meaning assigned by
 Section 1002.0265, Estates Code.
 (6-b)  Notwithstanding Section 151.001, "registration"
 means registration of a guardianship under this chapter.
 SECTION 52.  Subchapter B, Chapter 155, Government Code, is
 amended by adding Section 155.053 to read as follows:
 Sec. 155.053.  MONITORING OF COUNTY PUBLIC GUARDIANSHIP AND
 RELATED SERVICES FUNDS. The office shall monitor counties to
 ensure money is appropriately deposited into the public
 guardianship and related services funds established by counties
 under Section 118.067, Local Government Code, and being used in
 compliance with that section. Not later than December 1 of each
 year, the office shall submit a report to the legislature detailing
 how money in the funds is being used by counties across the state.
 SECTION 53.  Section 155.101(a), Government Code, is amended
 to read as follows:
 (a)  The commission shall adopt minimum standards for:
 (1)  the provision of guardianship services or other
 similar but less restrictive types of assistance or services by:
 (A)  individuals employed by or contracting with
 guardianship programs to provide the assistance or services on
 behalf of the programs; and
 (B)  private professional guardians; [and]
 (2)  the provision of guardianship services by the
 Health and Human Services Commission; and
 (3)  the provision of guardianship services by offices
 of public guardians [Department of Aging and Disability Services or
 its successor agency].
 SECTION 54.  Section 155.102(a), Government Code, is amended
 to read as follows:
 (a)  To provide guardianship services in this state, the
 following individuals must hold a certificate issued under this
 section:
 (1)  an individual who is a private professional
 guardian;
 (2)  an individual who will provide those services to a
 ward of a private professional guardian on the guardian's behalf;
 [and]
 (3)  an individual, other than a volunteer, who will
 provide those services or other services under Section 161.114,
 Human Resources Code, to a ward of a guardianship program or the
 Health and Human Services Commission [Department of Aging and
 Disability Services] on the program's or commission's
 [department's] behalf;
 (4)  an individual who is a public guardian; and
 (5)  an individual who will provide those services to a
 ward of an office of public guardian.
 SECTION 55.  Section 155.105, Government Code, is amended by
 adding Subsection (b-1) to read as follows:
 (b-1)  Not later than January 31 of each year, each office of
 public guardian shall provide to the commission a report containing
 for the preceding year:
 (1)  the number of wards served by the office;
 (2)  the total amount of any money received from this
 state for the provision of guardianship services; and
 (3)  the amount of money received from any other public
 source, including a county or the federal government, for the
 provision of guardianship services, reported by source, and the
 total amount of money received from those public sources.
 SECTION 56.  Section 155.205(b), Government Code, is amended
 to read as follows:
 (b)  The commission shall obtain:
 (1)  fingerprint-based criminal history record
 information of a proposed guardian [an applicant] if:
 (A)  the liquid assets of the estate of a ward
 exceed $50,000; or
 (B)  the proposed guardian is not a resident of
 this state; or
 (2)  name-based criminal history record information of
 a proposed guardian, including any criminal history record
 information under the current name and all former names of the
 proposed guardian, [an applicant] if:
 (A)  the liquid assets of the estate of a ward are
 $50,000 or less; and
 (B)  the proposed guardian is a resident of this
 state.
 SECTION 57.  Section 411.1386(a), Government Code, is
 amended to read as follows:
 (a)  Except as provided by Subsections (a-1), (a-5), and
 (a-6), the clerk of the county having venue over a proceeding for
 the appointment of a guardian under Title 3, Estates Code, shall
 obtain from the department criminal history record information
 maintained by the department that relates to:
 (1)  a private professional guardian;
 (2)  each person who represents or plans to represent
 the interests of a ward as a guardian on behalf of the private
 professional guardian;
 (3)  each person employed by a private professional
 guardian who will:
 (A)  have personal contact with a ward or proposed
 ward;
 (B)  exercise control over and manage a ward's
 estate; or
 (C)  perform any duties with respect to the
 management of a ward's estate;
 (4)  each person employed by or volunteering or
 contracting with a guardianship program to provide guardianship
 services to a ward of the program on the program's behalf; [or]
 (5)  a public guardian, as defined by Section
 1002.0265(1), Estates Code;
 (6)  each person who represents or plans to represent
 the interests of a ward as a guardian on behalf of an office of
 public guardian;
 (7)  each person employed by an office of public
 guardian, as defined by Section 1002.0215, Estates Code, who will:
 (A)  have personal contact with a ward or proposed
 ward;
 (B)  exercise control over and manage a ward's
 estate; or
 (C)  perform any duties with respect to the
 management of a ward's estate; or
 (8)  any other person proposed to serve as a guardian
 under Title 3, Estates Code, including a proposed temporary
 guardian and a proposed successor guardian, other than an attorney.
 SECTION 58.  Section 571.013, Health and Safety Code, is
 amended to read as follows:
 Sec. 571.013.  METHOD OF GIVING NOTICE. Except as otherwise
 provided by this subtitle, notice required under this subtitle may
 be given by:
 (1)  personal delivery of [delivering] a copy of the
 notice or document by a constable or sheriff of the county; [in
 person] or
 (2)  [in] another manner directed by the court that is
 reasonably calculated to give actual notice.
 SECTION 59.  Section 571.014(c), Health and Safety Code, is
 amended to read as follows:
 (c)  A person may [initially] file a paper with the county
 clerk by the use of reproduced, photocopied, or electronically
 transmitted paper copies of [if the person files] the original
 signed copies of the paper. A person who files a reproduced,
 photocopied, or electronically transmitted paper must maintain
 possession of the original signed copies of the paper and shall make
 the original paper available for inspection on request by the
 parties or the court [with the clerk not later than the 72nd hour
 after the hour on which the initial filing is made. If the 72-hour
 period ends on a Saturday, Sunday, or legal holiday, the filing
 period is extended until 4 p.m. on the first succeeding business
 day. If extremely hazardous weather conditions exist or a disaster
 occurs, the presiding judge or magistrate may by written order made
 each day extend the filing period until 4 p.m. on the first
 succeeding business day. The written order must declare that an
 emergency exists because of the weather or the occurrence of a
 disaster. If a person detained under this subtitle would otherwise
 be released because the original signed copy of a paper is not filed
 within the 72-hour period but for the extension of the filing period
 under this section, the person may be detained until the expiration
 of the extended filing period. This subsection does not affect
 another provision of this subtitle requiring the release or
 discharge of a person].
 SECTION 60.  Section 161.103, Human Resources Code, is
 amended to read as follows:
 Sec. 161.103.  CONTRACT FOR GUARDIANSHIP SERVICES. (a)  If
 appropriate, the commission [department] may contract with a
 political subdivision of this state, a guardianship program as
 defined by Section 1002.016, Estates Code, a private agency, or
 another state agency for the provision of guardianship services
 under this section.
 (b)  A contract under Subsection (a) may allow for the
 provision of guardianship services by an office of public guardian,
 as defined by Section 1002.0215, Estates Code.
 SECTION 61.  Section 118.052, Local Government Code, is
 amended to read as follows:
 Sec. 118.052.  FEE SCHEDULE.  Each clerk of a county court
 shall collect the following fees for services rendered to any
 person:
 (1)  CIVIL COURT ACTIONS
 (A)  Filing of Original Action (Sec. 118.053):
 (i)  Garnishment after judgment . . . $15.00
 (ii)  All others . . . $40.00
 (B)  Filing of Action Other than Original (Sec.
 118.054) . . . $30.00
 (C)  Services Rendered After Judgment in Original
 Action (Sec. 118.0545):
 (i)  Abstract of judgment . . . $5.00
 (ii)  Execution, order of sale, writ, or
 other process . . . $5.00
 (2)  PROBATE COURT ACTIONS
 (A)  Probate Original Action (Sec. 118.055):
 (i)  Probate of a will with independent
 executor, administration with will attached, administration of an
 estate, guardianship or receivership of an estate, or muniment of
 title . . . $40.00
 (ii)  Community survivors . . . $40.00
 (iii)  Small estates . . . $40.00
 (iv)  Declarations of heirship . . . $40.00
 (v)  Mental health or chemical dependency
 services . . . $40.00
 (vi)  Additional, special fee (Sec. 118.064)
 . . . $5.00
 (B)  Services in Pending Probate Action (Sec.
 118.056):
 (i)  Filing an inventory and appraisement as
 provided by Section 118.056(d) . . . $25.00
 (ii)  Approving and recording bond . . .
 $3.00
 (iii)  Administering oath . . . $2.00
 (iv)  Filing annual or final account of
 estate . . . $25.00
 (v)  Filing application for sale of real or
 personal property . . . $25.00
 (vi)  Filing annual or final report of
 guardian of a person . . . $10.00
 (vii)  Filing a document not listed under
 this paragraph after the filing of an order approving the inventory
 and appraisement or after the 120th day after the date of the
 initial filing of the action, whichever occurs first, if more than
 25 pages . . . $25.00
 (C)  Adverse Probate Action (Sec. 118.057) . . .
 $40.00
 (D)  Claim Against Estate (Sec. 118.058) . . .
 $10.00
 (E)  Supplemental Public [Court-Initiated]
 Guardianship and Related Services Fee in Probate Original Actions
 and Adverse Probate Actions (Sec. 118.067) . . . $20.00
 (F)  Supplemental Public Probate Administrator
 Fee For Counties That Have Appointed a Public Probate Administrator
 (Sec. 118.068) . . . $10.00
 (3)  OTHER FEES
 (A)  Issuing Document (Sec. 118.059):
 original document and one copy . . . $4.00
 each additional set of an original and one copy . . . $4.00
 (B)  Certified Papers (Sec. 118.060):
 for the clerk's certificate . . . $5.00
 plus a fee per page or part of a page of . . . $1.00
 (C)  Noncertified Papers (Sec. 118.0605):
 for each page or part of a page . . . $1.00
 (D)  Letters Testamentary, Letter of
 Guardianship, Letter of Administration, or Abstract of Judgment
 (Sec. 118.061) . . . $2.00
 (E)  Deposit and Safekeeping of Wills (Sec.
 118.062) . . . $5.00
 (F)  Mail Service of Process (Sec. 118.063) . . .
 same as sheriff
 (G)  Records Management and Preservation Fee
 . . . $5.00
 (H)  Records Technology and Infrastructure Fee if
 authorized by the commissioners court of the county (Sec. 118.026)
 . . . $2.00
 SECTION 62.  Section 118.067, Local Government Code, is
 amended to read as follows:
 Sec. 118.067.  SUPPLEMENTAL PUBLIC [COURT-INITIATED]
 GUARDIANSHIP AND RELATED SERVICES FEE. (a)  The "supplemental
 public [court-initiated] guardianship and related services fee"
 under Section 118.052(2)(E) is for the support of guardianship
 services provided by public guardians, as defined by Section
 1002.0265 [the judiciary in guardianships initiated under Chapter
 1102], Estates Code, or guardianship and other less restrictive
 alternative services provided to indigent incapacitated persons
 who do not have family members suitable and willing to serve as
 guardians or provide less restrictive alternative services.  Fees
 collected under Section 118.052(2)(E) shall be deposited in a
 public [court-initiated] guardianship and related services fund in
 the county treasury and may be used only to supplement, rather than
 supplant, other available county funds used to fund guardianship
 services or other less restrictive alternative services provided to
 individuals who are indigent[:
 [(1)     pay the compensation of a guardian ad litem
 appointed by a court under Section 1102.001, Estates Code;
 [(2)     pay the compensation of an attorney ad litem
 appointed by a court to represent a proposed ward in a guardianship
 proceeding initiated under Chapter 1102, Estates Code; and
 [(3)     fund local guardianship programs that provide
 guardians for indigent incapacitated persons who do not have family
 members suitable and willing to serve as guardians].
 (b)  The supplemental public [court-initiated] guardianship
 and related services fee is charged for:
 (1)  a probate original action described by Section
 118.055 and for which a fee is charged in accordance with Section
 118.052(2)(A)(i), (ii), (iii), (iv), or (v); and
 (2)  an adverse probate action described by Section
 118.057 and for which a fee is charged in accordance with Section
 118.052(2)(C).
 (c)  The supplemental public [court-initiated] guardianship
 and related services fee must be paid by the person against whom the
 fee for a probate original action or adverse probate action, as
 applicable, is charged and is due at the time that fee is due.
 (d)  The supplemental public [court-initiated] guardianship
 and related services fee is in addition to all other fees charged in
 probate original actions and adverse probate actions.
 SECTION 63.  Section 1104.403, Estates Code, is repealed.
 SECTION 64.  Section 571.014(d), Health and Safety Code, is
 repealed.
 SECTION 65.  (a)  Section 202.054, Estates Code, as amended
 by this Act, applies only to a proceeding to declare heirship
 commenced on or after the effective date of this Act. A proceeding
 to declare heirship commenced before that date is governed by the
 law in effect on the date the proceeding was commenced, and the
 former law is continued in effect for that purpose.
 (b) Section 452.006(c), Estates Code, as added by this Act,
 applies only to a temporary administrator appointed on or after the
 effective date of this Act.  A temporary administrator appointed
 before the effective date of this Act is governed by the law in
 effect on the date the administrator was appointed, and the former
 law is continued in effect for that purpose.
 (c)  Section 503.002, Estates Code, as amended by this Act,
 applies only to a copy of a testamentary instrument or other
 document filed for recording on or after the effective date of this
 Act.  A copy of a testamentary instrument or other document filed
 before the effective date of this Act is governed by the law in
 effect on the date the instrument or document was filed, and the
 former law is continued in effect for that purpose.
 (d)  The changes in law made by this Act to Sections 25.0006,
 25.00231, and 26.001, Government Code, apply only to an insurance
 policy delivered, issued for delivery, or renewed on or after
 January 1, 2020.  An insurance policy delivered, issued for
 delivery, or renewed before January 1, 2020, is governed by the law
 as it existed immediately before the effective date of this Act, and
 that law is continued in effect for that purpose.
 SECTION 66.  (a)  Except as otherwise provided by this
 section, the changes in law made by this Act apply to:
 (1)  a guardianship created before, on, or after the
 effective date of this Act; and
 (2)  an application for a guardianship pending on, or
 filed on or after, the effective date of this Act.
 (b)  The changes in law made by this Act to Section 1021.001,
 Estates Code, apply only to an action filed on or after the
 effective date of this Act. An action filed before the effective
 date of this Act is governed by the law in effect on the date the
 action was filed, and the former law is continued in effect for that
 purpose.
 (c)  The changes in law made by this Act to Sections
 1054.201, 1101.153, 1155.054(d), and 1155.151(a), Estates Code,
 and Section 155.205(b), Government Code, apply only to a
 guardianship proceeding commenced on or after the effective date of
 this Act. A guardianship proceeding commenced before the effective
 date of this Act is governed by the law in effect on the date the
 proceeding was commenced, and the former law is continued in effect
 for that purpose.
 (d)  Section 1301.0511, Estates Code, as added by this Act,
 applies only to an application for creation of a management trust
 filed on or after the effective date of this Act. An application
 for creation of a management trust filed before the effective date
 of this Act is governed by the law in effect on the date the
 application was filed, and the former law is continued in effect for
 that purpose.
 (e)  The changes in law made by this Act to Sections 1301.101
 and 1301.203, Estates Code, apply only to an application for the
 creation or modification of a management trust filed on or after the
 effective date of this Act. An application for the creation or
 modification of a management trust filed before the effective date
 of this Act is governed by the law in effect on the date the
 application was filed, and the former law is continued in effect for
 that purpose.
 (f)  The changes in law made by this Act to Section 1355.105,
 Estates Code, apply only to an application for an order for the
 delivery of money that is filed on or after the effective date of
 this Act. An application for an order for the delivery of money
 that is filed before the effective date of this Act is governed by
 the law in effect on the date the application was filed, and the
 former law is continued in effect for that purpose.
 (g)  Section 1101.001, Estates Code, as amended by this Act,
 applies only to an application for the appointment of a guardian
 filed on or after the effective date of this Act. An application
 for the appointment of a guardian filed before the effective date of
 this Act is governed by the law in effect on the date the
 application was filed, and the former law is continued in effect for
 that purpose.
 (h)  The following provisions of this Act apply only to the
 appointment of a guardian of the person or of the estate of a ward,
 or both, made on or after July 1, 2020:
 (1)  Sections 1002.0215 and 1002.0265 and Subchapter
 G-1, Chapter 1104, Estates Code, as added by this Act;
 (2)  Sections 1104.251(a), 1104.402(a), 1104.409,
 1155.151(a-2), 1163.005(a), and 1163.101(c), Estates Code, as
 amended by this Act;
 (3)  Sections 101.0814, 101.1013, 101.1214,
 155.001(4), (6), and (6-a), 155.101(a), 155.102(a), and
 411.1386(a), Government Code, as amended by this Act;
 (4)  Sections 155.001(5-a) and (6-b), 155.053, and
 155.105(b-1), Government Code, as added by this Act;
 (5)  Section 161.103, Human Resources Code, as amended
 by this Act; and
 (6)  Sections 118.052 and 118.067, Local Government
 Code, as amended by this Act.
 (i)  Notwithstanding any other law, a person who,
 immediately before July 1, 2020, is serving as guardian of the
 person or of the estate of a ward, or both, and who, under Section
 1104.334, Estates Code, as added by this Act, would be eligible for
 appointment of an office of public guardian as the ward's guardian,
 may continue to serve as guardian of the person or of the estate of
 the ward, or both, unless otherwise removed as provided by law.
 SECTION 67.  Not later than January 1, 2020, the supreme
 court shall adopt rules necessary to implement Subchapter G-1,
 Chapter 1104, Estates Code, as added by this Act, including rules
 governing the transfer of a guardianship of the person or of the
 estate of a ward, or both, if appropriate, to an office of public
 guardian established under that subchapter or a public guardian
 contracted under that subchapter.
 SECTION 68.  This Act takes effect September 1, 2019.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 667 passed the Senate on
 March 26, 2019, by the following vote: Yeas 31, Nays 0; and that
 the Senate concurred in House amendments on May 23, 2019, by the
 following vote: Yeas 31, Nays 0.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 667 passed the House, with
 amendments, on May 21, 2019, by the following vote: Yeas 115,
 Nays 26, two present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor