87R2812 KFF-F
By: Metcalf H.B. No. 1296
A BILL TO BE ENTITLED
AN ACT
relating to the provision of certain notices in guardianship
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1023.004, Estates Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) If an application is filed by a person other than the
guardian [or if a court made a motion to transfer a guardianship],
the guardian shall be cited by personal service to appear and show
cause why the guardianship should not be transferred.
(c) If a court made a motion to transfer a guardianship, the
guardian shall be given notice by certified mail to appear and show
cause why the guardianship should not be transferred.
SECTION 2. Section 1203.052(b), Estates Code, is amended to
read as follows:
(b) In addition to the authority granted to the court under
Subsection (a), the court may, on the complaint of the guardianship
certification program of the Judicial Branch Certification
Commission, remove a guardian who would be ineligible for
appointment under Subchapter H, Chapter 1104, because of the
guardian's failure to maintain the certification required under
Subchapter F, Chapter 1104. The guardian shall be given notice, by
certified mail, return receipt requested, [cited] to appear and
contest the request for removal under this subsection at a time and
place set in the notice [in the manner provided by Subsection (a)].
SECTION 3. Sections 1023.004 and 1203.052(b), Estates Code,
as amended by this Act, apply to a guardianship proceeding
commenced on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.