| 1 | | - | H.B. No. 1296 |
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| 1 | + | By: Metcalf (Senate Sponsor - Creighton) H.B. No. 1296 |
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| 2 | + | (In the Senate - Received from the House April 12, 2021; |
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| 3 | + | April 19, 2021, read first time and referred to Committee on |
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| 4 | + | Jurisprudence; May 14, 2021, reported favorably by the following |
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| 5 | + | vote: Yeas 4, Nays 0; May 14, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the provision of certain notices in guardianship |
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| 6 | 12 | | proceedings. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 1023.004, Estates Code, is amended by |
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| 9 | 15 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 10 | 16 | | follows: |
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| 11 | 17 | | (b) If an application is filed by a person other than the |
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| 12 | 18 | | guardian [or if a court made a motion to transfer a guardianship], |
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| 13 | 19 | | the guardian shall be cited by personal service to appear and show |
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| 14 | 20 | | cause why the guardianship should not be transferred. |
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| 15 | 21 | | (c) If a court made a motion to transfer a guardianship, the |
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| 16 | 22 | | guardian shall be given notice by certified mail to appear and show |
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| 17 | 23 | | cause why the guardianship should not be transferred. |
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| 18 | 24 | | SECTION 2. Section 1203.052(b), Estates Code, is amended to |
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| 19 | 25 | | read as follows: |
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| 20 | 26 | | (b) In addition to the authority granted to the court under |
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| 21 | 27 | | Subsection (a), the court may, on the complaint of the guardianship |
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| 22 | 28 | | certification program of the Judicial Branch Certification |
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| 23 | 29 | | Commission, remove a guardian who would be ineligible for |
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| 24 | 30 | | appointment under Subchapter H, Chapter 1104, because of the |
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| 25 | 31 | | guardian's failure to maintain the certification required under |
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| 26 | 32 | | Subchapter F, Chapter 1104. The guardian shall be given notice, by |
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| 27 | 33 | | certified mail, return receipt requested, [cited] to appear and |
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| 28 | 34 | | contest the request for removal under this subsection at a time and |
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| 29 | 35 | | place set in the notice [in the manner provided by Subsection (a)]. |
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| 30 | 36 | | SECTION 3. Sections 1023.004 and 1203.052(b), Estates Code, |
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| 31 | 37 | | as amended by this Act, apply to a guardianship proceeding |
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| 32 | 38 | | commenced on or after the effective date of this Act. |
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| 33 | 39 | | SECTION 4. This Act takes effect September 1, 2021. |
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| 34 | | - | ______________________________ ______________________________ |
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| 35 | | - | President of the Senate Speaker of the House |
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| 36 | | - | I certify that H.B. No. 1296 was passed by the House on April |
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| 37 | | - | 9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not |
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| 38 | | - | voting. |
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| 39 | | - | ______________________________ |
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| 40 | | - | Chief Clerk of the House |
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| 41 | | - | I certify that H.B. No. 1296 was passed by the Senate on May |
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| 42 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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| 43 | | - | ______________________________ |
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| 44 | | - | Secretary of the Senate |
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| 45 | | - | APPROVED: _____________________ |
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| 46 | | - | Date |
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| 47 | | - | _____________________ |
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| 48 | | - | Governor |
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| 40 | + | * * * * * |
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