Texas 2021 - 87th Regular

Texas House Bill HB2178 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3042 EAS-F
2	2	By: Moody H.B. No. 2178
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to guardianships, management trusts, and certain other
8	8	procedures and proceedings for persons who are incapacitated.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1021.001, Estates Code, is amended to
11	11	read as follows:
12	12	Sec. 1021.001. MATTERS RELATED TO GUARDIANSHIP PROCEEDING.
13	13	(a) For purposes of this code, in a county in which there is no
14	14	statutory probate court or county court at law exercising original
15	15	probate jurisdiction, a matter related to a guardianship proceeding
16	16	includes:
17	17	(1) the granting of letters of guardianship;
18	18	(2) the settling of an account of a guardian and all
19	19	other matters relating to the settlement, partition, or
20	20	distribution of a ward's estate;
21	21	(3) a claim brought by or against a guardianship
22	22	estate;
23	23	(4) an action for trial of title to real property that
24	24	is guardianship estate property, including the enforcement of a
25	25	lien against the property;
26	26	(5) an action for trial of the right of property that
27	27	is guardianship estate property;
28	28	(6) after a guardianship of the estate of a ward is
29	29	required to be settled as provided by Section 1204.001:
30	30	(A) an action brought by or on behalf of the
31	31	former ward against a former guardian of the ward for alleged
32	32	misconduct arising from the performance of the person's duties as
33	33	guardian;
34	34	(B) an action calling on the surety of a guardian
35	35	or former guardian to perform in place of the guardian or former
36	36	guardian, which may include the award of a judgment against the
37	37	guardian or former guardian in favor of the surety;
38	38	(C) an action against a former guardian of the
39	39	former ward that is brought by a surety that is called on to perform
40	40	in place of the former guardian;
41	41	(D) a claim for the payment of compensation,
42	42	expenses, and court costs, and any other matter authorized under
43	43	Chapter 1155; and
44	44	(E) a matter related to an authorization made or
45	45	duty performed by a guardian under Chapter 1204; and
46	46	(7) the appointment of a trustee for a trust created
47	47	under Section 1301.053 or 1301.054, the settling of an account of
48	48	the trustee, and all other matters relating to the trust.
49	49	(a-1) For purposes of this code, in a county in which there
50	50	is no statutory probate court, but in which there is a county court
51	51	at law exercising original probate jurisdiction, a matter related
52	52	to a guardianship proceeding includes:
53	53	(1) all matters and actions described in Subsection
54	54	(a);
55	55	(2) the interpretation and administration of a
56	56	testamentary trust in which a ward is an income or remainder
57	57	beneficiary; and
58	58	(3) the interpretation and administration of an inter
59	59	vivos trust in which a ward is an income or remainder beneficiary.
60	60	(b) For purposes of this code, in a county in which there is
61	61	a statutory probate court, a matter related to a guardianship
62	62	proceeding includes:
63	63	(1) all matters and actions described in Subsections
64	64	[Subsection] (a) and (a-1);
65	65	(2) a suit, action, or application filed against or on
66	66	behalf of a guardianship or a trustee of a trust created under
67	67	Section 1301.053 or 1301.054; and
68	68	(3) a cause of action in which a guardian in a
69	69	guardianship pending in the statutory probate court is a party.
70	70	SECTION 2. Section 1052.052(b), Estates Code, is amended to
71	71	read as follows:
72	72	(b) Each case file must contain each order, judgment, and
73	73	proceeding of the court and any other guardianship filing with the
74	74	court, including each:
75	75	(1) application for the granting of guardianship;
76	76	(2) citation and notice, whether published or posted,
77	77	including the return on the citation or notice;
78	78	(3) bond and official oath or declaration;
79	79	(4) inventory, appraisement, and list of claims;
80	80	(5) exhibit and account;
81	81	(6) report of renting;
82	82	(7) application for sale or partition of real estate;
83	83	(8) report of sale;
84	84	(9) application for authority to execute a lease for
85	85	mineral development, or for pooling or unitization of lands,
86	86	royalty, or other interest in minerals, or to lend or invest money;
87	87	(10) report of lending or investing money; and
88	88	(11) report of guardians of the persons.
89	89	SECTION 3. Section 1103.003, Estates Code, is amended to
90	90	read as follows:
91	91	Sec. 1103.003. EFFECTIVE DATE OF GUARDIANSHIP. If the
92	92	application filed under Section 1103.001 is heard before the
93	93	proposed ward's 18th birthday, a guardianship created under this
94	94	chapter may not take effect and the person appointed guardian may
95	95	not take the oath or make the declaration as required under Section
96	96	1105.051 or give a bond as required under Section 1105.101 until the
97	97	proposed ward's 18th birthday.
98	98	SECTION 4. Section 1105.001, Estates Code, is amended by
99	99	adding Subdivision (1-a) and amending Subdivision (2) to read as
100	100	follows:
101	101	(1-a) "Declaration" means a declaration taken by a
102	102	person appointed to serve as a guardian to qualify to serve.
103	103	(2) "Oath" means an oath [required by this chapter to
104	104	be] taken by a person appointed to serve as a guardian to qualify to
105	105	serve.
106	106	SECTION 5. Section 1105.002, Estates Code, is amended to
107	107	read as follows:
108	108	Sec. 1105.002. MANNER OF QUALIFICATION OF GUARDIAN.
109	109	(a) Except as provided by Subsection (b), a guardian is considered
110	110	to have qualified when the guardian has:
111	111	(1) taken and filed the oath, or made and filed the
112	112	declaration, required under Section 1105.051;
113	113	(2) given the required bond;
114	114	(3) filed the bond with the clerk; and
115	115	(4) obtained the judge's approval of the bond.
116	116	(b) A guardian who is not required to give a bond is
117	117	considered to have qualified when the guardian has taken and filed
118	118	the [required] oath, or made and filed the declaration, as required
119	119	under Section 1105.051.
120	120	SECTION 6. Section 1105.003, Estates Code, is amended to
121	121	read as follows:
122	122	Sec. 1105.003. PERIOD FOR TAKING OATH OR MAKING DECLARATION
123	123	AND GIVING BOND. (a) Except as provided by Section 1103.003, an
124	124	oath may be taken and subscribed or a declaration may be made, and a
125	125	bond may be given and approved, at any time before:
126	126	(1) the 21st day after the date of the order granting
127	127	letters of guardianship; or
128	128	(2) the letters of guardianship are revoked for a
129	129	failure to qualify within the period allowed.
130	130	(b) A guardian of an estate must give a bond before being
131	131	issued letters of guardianship unless a bond is not required under
132	132	this title.
133	133	SECTION 7. The heading to Subchapter B, Chapter 1105,
134	134	Estates Code, is amended to read as follows:
135	135	SUBCHAPTER B. OATHS AND DECLARATIONS
136	136	SECTION 8. Section 1105.051, Estates Code, is amended to
137	137	read as follows:
138	138	Sec. 1105.051. OATH OR DECLARATION OF GUARDIAN. (a) A
139	139	guardian shall:
140	140	(1) take an oath to discharge faithfully the duties of
141	141	guardian for the person or estate, or both, of a ward; or
142	142	(2) make a declaration as prescribed by Subsection
143	143	(d).
144	144	(b) If the Health and Human [Department of Aging and
145	145	Disability] Services Commission is appointed guardian, a
146	146	commission [department] representative shall take the oath or make
147	147	the declaration required by Subsection (a).
148	148	(c) An oath taken by a person named as guardian or temporary
149	149	guardian, as applicable, must be substantially as follows:
150	150	I, __________ (insert person's name), do solemnly swear that
151	151	I will discharge faithfully the duties of guardian of __________
152	152	(insert "the person," "the estate," or "the person and estate") of
153	153	__________ (insert ward's name), an incapacitated person,
154	154	according to law.
155	155	(d) A declaration made by a person named as guardian or
156	156	temporary guardian, as applicable, must be substantially as
157	157	follows:
158	158	My name is _______ (insert person's name), my date of birth is
159	159	__________ (insert person's date of birth), and my address is
160	160	__________ (insert person's address, including country). I declare
161	161	under penalty of perjury that the information in this declaration
162	162	is true and correct. I solemnly declare that I will discharge
163	163	faithfully the duties of __________ (insert "guardian" or
164	164	"temporary guardian," as applicable) of __________ (insert "the
165	165	person," "the estate," or "the person and estate") of __________
166	166	(insert ward's name), an incapacitated person, according to law.
167	167	Signed on __________ (insert date of signing).
168	168	SECTION 9. Section 1105.052, Estates Code, is amended to
169	169	read as follows:
170	170	Sec. 1105.052. ADMINISTRATION OF OATH OR MAKING OF
171	171	DECLARATION. The [An] oath prescribed by Section 1105.051 may be
172	172	taken before any person authorized to administer oaths under the
173	173	laws of this state. The declaration prescribed by Section 1105.051
174	174	must be signed by the declarant.
175	175	SECTION 10. Section 1105.103(f), Estates Code, is amended
176	176	to read as follows:
177	177	(f) If the guardian fails to give the bond required under
178	178	Subsection (d) and the judge has not extended the period for giving
179	179	the bond, the judge, without citation, shall remove the guardian
180	180	and appoint a competent person as guardian, who shall:
181	181	(1) administer the guardianship according to the
182	182	provisions of a will or law;
183	183	(2) take the oath or make the declaration required of a
184	184	guardian under Section 1105.051 before the person enters on the
185	185	administration of the guardianship; and
186	186	(3) give bond in the same manner and in the same amount
187	187	provided by this title for the issuance of original letters of
188	188	guardianship.
189	189	SECTION 11. Section 1151.351(b), Estates Code, is amended
190	190	to read as follows:
191	191	(b) Unless limited by a court or otherwise restricted by
192	192	law, a ward is authorized to the following:
193	193	(1) to have a copy of the guardianship order and
194	194	letters of guardianship and contact information for the probate
195	195	court that issued the order and letters;
196	196	(2) to have a guardianship that encourages the
197	197	development or maintenance of maximum self-reliance and
198	198	independence in the ward with the eventual goal, if possible, of
199	199	self-sufficiency;
200	200	(3) to be treated with respect, consideration, and
201	201	recognition of the ward's dignity and individuality;
202	202	(4) to reside and receive support services in the most
203	203	integrated setting, including home-based or other community-based
204	204	settings, as required by Title II of the Americans with
205	205	Disabilities Act (42 U.S.C. Section 12131 et seq.);
206	206	(5) to consideration of the ward's current and
207	207	previously stated personal preferences, desires, medical and
208	208	psychiatric treatment preferences, religious beliefs, living
209	209	arrangements, and other preferences and opinions;
210	210	(6) to financial self-determination for all public
211	211	benefits after essential living expenses and health needs are met
212	212	and to have access to a monthly personal allowance;
213	213	(7) to receive timely and appropriate health care and
214	214	medical treatment that does not violate the ward's rights granted
215	215	by the constitution and laws of this state and the United States;
216	216	(8) to exercise full control of all aspects of life not
217	217	specifically granted by the court to the guardian;
218	218	(9) to control the ward's personal environment based
219	219	on the ward's preferences;
220	220	(10) to complain or raise concerns regarding the
221	221	guardian or guardianship to the court, including living
222	222	arrangements, retaliation by the guardian, conflicts of interest
223	223	between the guardian and service providers, or a violation of any
224	224	rights under this section;
225	225	(11) to receive notice in the ward's native language,
226	226	or preferred mode of communication, and in a manner accessible to
227	227	the ward, of a court proceeding to continue, modify, or terminate
228	228	the guardianship and the opportunity to appear before the court to
229	229	express the ward's preferences and concerns regarding whether the
230	230	guardianship should be continued, modified, or terminated;
231	231	(12) to have a court investigator or[,] guardian ad
232	232	litem[, or attorney ad litem] appointed by the court to investigate
233	233	a complaint received by the court from the ward or any person about
234	234	the guardianship;
235	235	(13) to participate in social, religious, and
236	236	recreational activities, training, employment, education,
237	237	habilitation, and rehabilitation of the ward's choice in the most
238	238	integrated setting;
239	239	(14) to self-determination in the substantial
240	240	maintenance, disposition, and management of real and personal
241	241	property after essential living expenses and health needs are met,
242	242	including the right to receive notice and object about the
243	243	substantial maintenance, disposition, or management of clothing,
244	244	furniture, vehicles, and other personal effects;
245	245	(15) to personal privacy and confidentiality in
246	246	personal matters, subject to state and federal law;
247	247	(16) to unimpeded, private, and uncensored
248	248	communication and visitation with persons of the ward's choice,
249	249	except that if the guardian determines that certain communication
250	250	or visitation causes substantial harm to the ward:
251	251	(A) the guardian may limit, supervise, or
252	252	restrict communication or visitation, but only to the extent
253	253	necessary to protect the ward from substantial harm; and
254	254	(B) the ward may request a hearing to remove any
255	255	restrictions on communication or visitation imposed by the guardian
256	256	under Paragraph (A);
257	257	(17) to petition the court and retain counsel of the
258	258	ward's choice who holds a certificate required by Subchapter E,
259	259	Chapter 1054, to represent the ward's interest for capacity
260	260	restoration, modification of the guardianship, the appointment of a
261	261	different guardian, or for other appropriate relief under this
262	262	subchapter, including a transition to a supported decision-making
263	263	agreement, except as limited by Section 1054.006;
264	264	(18) to vote in a public election, marry, and retain a
265	265	license to operate a motor vehicle, unless restricted by the court;
266	266	(19) to personal visits from the guardian or the
267	267	guardian's designee at least once every three months, but more
268	268	often, if necessary, unless the court orders otherwise;
269	269	(20) to be informed of the name, address, phone
270	270	number, and purpose of Disability Rights Texas, an organization
271	271	whose mission is to protect the rights of, and advocate for, persons
272	272	with disabilities, and to communicate and meet with representatives
273	273	of that organization;
274	274	(21) to be informed of the name, address, phone
275	275	number, and purpose of an independent living center, an area agency
276	276	on aging, an aging and disability resource center, and the local
277	277	mental health and intellectual and developmental disability
278	278	center, and to communicate and meet with representatives from these
279	279	agencies and organizations;
280	280	(22) to be informed of the name, address, phone
281	281	number, and purpose of the Judicial Branch Certification Commission
282	282	and the procedure for filing a complaint against a certified
283	283	guardian;
284	284	(23) to contact the Department of Family and
285	285	Protective Services to report abuse, neglect, exploitation, or
286	286	violation of personal rights without fear of punishment,
287	287	interference, coercion, or retaliation;
288	288	(24) to have the guardian, on appointment and on
289	289	annual renewal of the guardianship, explain the rights delineated
290	290	in this subsection in the ward's native language, or preferred mode
291	291	of communication, and in a manner accessible to the ward; and
292	292	(25) to make decisions related to sexual assault
293	293	crisis services, including consenting to a forensic medical
294	294	examination and treatment, authorizing the collection of forensic
295	295	evidence, consenting to the release of evidence contained in an
296	296	evidence collection kit and disclosure of related confidential
297	297	information, and receiving counseling and other support services.
298	298	SECTION 12. Sections 1153.001(a) and (c), Estates Code, are
299	299	amended to read as follows:
300	300	(a) Within one month after receiving letters of
301	301	guardianship, a guardian of an estate shall provide notice
302	302	requiring each person who has a claim against the estate to present
303	303	the claim within the period prescribed by law. The notice must be:
304	304	(1) published in a newspaper of general circulation
305	305	[printed] in the county in which the letters were issued; and
306	306	(2) sent to the comptroller by certified or registered
307	307	mail, if the ward remitted or should have remitted taxes
308	308	administered by the comptroller.
309	309	(c) If there is no [a] newspaper of general circulation [is
310	310	not printed] in the county in which the letters of guardianship were
311	311	issued, the notice must be posted and the return made and filed as
312	312	otherwise required by this title.
313	313	SECTION 13. Section 1155.054(d), Estates Code, is amended
314	314	to read as follows:
315	315	(d) If the court finds that a party in a guardianship
316	316	proceeding acted in bad faith or without just cause in prosecuting
317	317	or objecting to an application in the proceeding, the court may
318	318	order [require] the party to reimburse the ward's estate for all or
319	319	part of the attorney's fees awarded under this section and shall
320	320	issue judgment against the party and in favor of the estate for the
321	321	amount of attorney's fees ordered [required] to be reimbursed to
322	322	the estate.
323	323	SECTION 14. Section 1158.105(a), Estates Code, is amended
324	324	to read as follows:
325	325	(a) A successful bid or contract for the sale of estate
326	326	personal property shall be reported to the court. The laws
327	327	regulating the approval [confirmation] or disapproval of a sale of
328	328	real estate apply to the sale [of personal property], except that a
329	329	conveyance is not required.
330	330	SECTION 15. The heading to Subchapter I, Chapter 1158,
331	331	Estates Code, is amended to read as follows:
332	332	SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC AUCTION [SALE]
333	333	SECTION 16. Section 1158.401(a), Estates Code, is amended
334	334	to read as follows:
335	335	(a) A public sale of real estate of an estate shall be made
336	336	at public auction. Except as otherwise provided by Section
337	337	1158.403(c) [this title], the guardian of the estate shall
338	338	advertise a public auction [sale] of real estate of the estate by a
339	339	notice published in the county in which the estate is pending, as
340	340	provided by this title for publication of notices or citations. The
341	341	notice must [include a reference to]:
342	342	(1) include a reference to the order of sale;
343	343	(2) include the time, place, and required terms of
344	344	sale; and
345	345	(3) briefly describe [a brief description of] the real
346	346	estate to be sold.
347	347	SECTION 17. Section 1158.402, Estates Code, is amended to
348	348	read as follows:
349	349	Sec. 1158.402. COMPLETION [METHOD] OF AUCTION [SALE]. A
350	350	public auction [sale] of real estate of an estate shall be completed
351	351	on the bid of [made at public auction to] the highest bidder.
352	352	SECTION 18. Section 1158.403, Estates Code, is amended to
353	353	read as follows:
354	354	Sec. 1158.403. TIME AND PLACE OF AUCTION [SALE]. (a)
355	355	Except as provided by Subsection (c), a public auction [sale] of
356	356	real estate of an estate shall be held [made] at:
357	357	(1) the courthouse door in the county in which the real
358	358	estate is located, or if the real estate is located in more than one
359	359	county, the courthouse door in any county in which the real estate
360	360	is located [guardianship proceedings are pending]; or
361	361	(2) another place in a [that] county described by
362	362	Subdivision (1) at which auctions [sales] of real estate are
363	363	specifically authorized to be held as designated by the
364	364	commissioners court of the county under Section 51.002(a), Property
365	365	Code [made].
366	366	(b) Except as otherwise provided by this subsection, the
367	367	auction [The sale] must occur between 10 a.m. and 4 p.m. on the
368	368	first Tuesday of the month after publication of notice has been
369	369	completed. If the first Tuesday of the month occurs on January 1 or
370	370	July 4, the auction must occur between 10 a.m. and 4 p.m. on the
371	371	first Wednesday of the month.
372	372	(c) If the court considers it advisable, the court may order
373	373	the auction [sale] to be held [made] in the county in which the
374	374	proceedings are pending [real estate is located], in which event
375	375	notice shall be published both in that county and in the county in
376	376	which the real estate is located [proceedings are pending].
377	377	SECTION 19. Section 1158.404, Estates Code, is amended to
378	378	read as follows:
379	379	Sec. 1158.404. CONTINUANCE OF AUCTION [SALE]. (a) A public
380	380	auction [sale] of real estate of an estate that is not completed on
381	381	the day advertised may be continued from day to day by an oral
382	382	public announcement of the continuance made at the conclusion of
383	383	the auction [sale] each day.
384	384	(b) A continued auction [sale] must occur within the hours
385	385	prescribed by Section 1158.403(b).
386	386	(c) The continuance of an auction [a sale] under this
387	387	section shall be shown in the report [of the sale] made to the court
388	388	under Section 1158.551.
389	389	SECTION 20. Section 1158.405, Estates Code, is amended to
390	390	read as follows:
391	391	Sec. 1158.405. FAILURE OF BIDDER TO COMPLY. (a) If a
392	392	person who successfully bids on real estate of the guardianship
393	393	estate offered [for sale] at public auction fails to comply with the
394	394	terms of the bid [sale], the property [real estate] shall be
395	395	readvertised and auctioned [sold] without any further order.
396	396	(b) The person defaulting on a bid as described by
397	397	Subsection (a) is liable for payment to the guardian of the estate,
398	398	for the estate's benefit, of:
399	399	(1) 10 percent of the amount of the bid; and
400	400	(2) the amount of any deficiency in price on the second
401	401	auction [sale].
402	402	(c) The guardian shall recover the amounts under Subsection
403	403	(b) by suit in any court in the county in which the auction [sale]
404	404	was held [made] that has jurisdiction over the amount claimed.
405	405	SECTION 21. The heading to Subchapter J, Chapter 1158,
406	406	Estates Code, is amended to read as follows:
407	407	SUBCHAPTER J. SALE OF REAL ESTATE: CONTRACT FOR PRIVATE SALE
408	408	SECTION 22. Section 1158.451, Estates Code, is amended to
409	409	read as follows:
410	410	Sec. 1158.451. TERMS [MANNER] OF SALE. The guardian of the
411	411	estate may enter into a contract for the [A] private sale of real
412	412	estate of the estate [shall be] made in the manner the court directs
413	413	in the order of sale. Unless the court directs otherwise,
414	414	additional advertising, notice, or citation concerning the sale is
415	415	not required.
416	416	SECTION 23. Section 1158.502, Estates Code, is amended to
417	417	read as follows:
418	418	Sec. 1158.502. PROCEDURE. The procedure for the sale of an
419	419	easement or right-of-way authorized under Section 1158.501 is the
420	420	same as the procedure provided by law for a private sale of real
421	421	property of a ward by contract [at private sale].
422	422	SECTION 24. The heading to Subchapter L, Chapter 1158,
423	423	Estates Code, is amended to read as follows:
424	424	SUBCHAPTER L. APPROVAL [CONFIRMATION] OF SALE OF REAL PROPERTY AND
425	425	TRANSFER OF TITLE
426	426	SECTION 25. Section 1158.551, Estates Code, is amended to
427	427	read as follows:
428	428	Sec. 1158.551. REPORT. A successful bid or private
429	429	contract for the sale of estate real property shall be reported to
430	430	the court ordering the sale not later than the 30th day after the
431	431	date the bid [sale] is made or the property is placed under
432	432	contract. The report must:
433	433	(1) be in writing, sworn to, and filed with the clerk;
434	434	(2) include:
435	435	(A) the date of the order of sale;
436	436	(B) a description of the property being sold;
437	437	(C) the time and place of the auction or date the
438	438	property is placed under contract [sale];
439	439	(D) the purchaser's name;
440	440	(E) the amount of the successful bid or the
441	441	purchase price for [which] each parcel of property or interest in
442	442	the parcel of property auctioned or placed under contract [was
443	443	sold];
444	444	(F) the terms of the sale;
445	445	(G) whether the proposed sale of the property was
446	446	made at public auction or by contract [privately]; and
447	447	(H) whether the purchaser is ready to comply with
448	448	the order of sale; and
449	449	(3) be noted on the guardianship docket.
450	450	SECTION 26. Section 1158.552, Estates Code, is amended to
451	451	read as follows:
452	452	Sec. 1158.552. ACTION OF COURT ON REPORT [OF SALE]. After
453	453	the expiration of five days from the date a report [of sale] is
454	454	filed under Section 1158.551, the court shall:
455	455	(1) consider [inquire into] the manner in which the
456	456	auction described in the report was held or the contract described
457	457	in the report [sale] was entered into [made];
458	458	(2) consider [hear] evidence in support of or against
459	459	the report; and
460	460	(3) determine the sufficiency or insufficiency of the
461	461	guardian's general bond, if any has been required and given.
462	462	SECTION 27. Section 1158.553, Estates Code, is amended to
463	463	read as follows:
464	464	Sec. 1158.553. APPROVAL [CONFIRMATION] OF SALE WHEN BOND
465	465	NOT REQUIRED. If the guardian of the estate of a ward is not
466	466	required by Subtitle D to give a general bond, the court may approve
467	467	[confirm] the sale of estate real property in the manner provided by
468	468	Section 1158.556(a) if the court finds that the sale is
469	469	satisfactory and made in accordance with law.
470	470	SECTION 28. Sections 1158.554(a), (b), and (c), Estates
471	471	Code, are amended to read as follows:
472	472	(a) If the guardian of an estate is required by Subtitle D to
473	473	give a general bond, before the court approves [confirms] any sale
474	474	of real estate, the court shall determine whether the bond is
475	475	sufficient to protect the estate after the sale proceeds are
476	476	received.
477	477	(b) If the court finds that the general bond is sufficient,
478	478	the court may approve [confirm] the sale as provided by Section
479	479	1158.556(a).
480	480	(c) If the court finds that the general bond is
481	481	insufficient, the court may not approve [confirm] the sale until
482	482	the general bond is increased to the amount required by the court,
483	483	or an additional bond is given, and approved by the court.
484	484	SECTION 29. Section 1158.556, Estates Code, is amended to
485	485	read as follows:
486	486	Sec. 1158.556. APPROVAL [CONFIRMATION] OR DISAPPROVAL
487	487	ORDER. (a) If the court is satisfied that the proposed sale of real
488	488	property [a sale] reported under Section 1158.551 is [was] for a
489	489	fair price, [was] properly made, and [was] in conformity with law,
490	490	and the court has approved any increased or additional bond that the
491	491	court found necessary to protect the estate, the court shall enter
492	492	an order:
493	493	(1) approving [confirming] the sale;
494	494	(2) showing conformity with [the provisions of] this
495	495	chapter [relating to the sale];
496	496	(3) detailing the terms of the sale; and
497	497	(4) authorizing the guardian of the estate to convey
498	498	the property on the purchaser's compliance with the terms of the
499	499	sale.
500	500	(b) If the court is not satisfied that the proposed sale of
501	501	real property is [was] for a fair price, [was] properly made, and
502	502	[was] in conformity with law, the court shall enter [issue] an order
503	503	setting aside the bid or contract [sale] and ordering a new sale to
504	504	be made, if necessary.
505	505	(c) The court's action in approving [confirming] or
506	506	disapproving a report under Section 1158.551 [of a sale] has the
507	507	effect of a final judgment. Any person interested in the
508	508	guardianship estate or in the sale is entitled to have an order
509	509	entered under this section reviewed as in other final judgments in
510	510	probate proceedings.
511	511	SECTION 30. Section 1158.557, Estates Code, is amended to
512	512	read as follows:
513	513	Sec. 1158.557. DEED. Real estate of an estate that is sold
514	514	shall be conveyed by a proper deed that refers to and identifies the
515	515	court order approving [confirming] the sale. The deed:
516	516	(1) vests in the purchaser all right and title of the
517	517	estate to, and all interest of the estate in, the property; and
518	518	(2) is prima facie evidence that the sale has met all
519	519	applicable requirements of the law.
520	520	SECTION 31. Section 1158.558(a), Estates Code, is amended
521	521	to read as follows:
522	522	(a) After the court has approved [confirmed] a sale and the
523	523	[one] purchaser has complied with the terms of the sale, the
524	524	guardian of the estate shall promptly execute and deliver to the
525	525	purchaser a proper deed conveying the property.
526	526	SECTION 32. Section 1163.005(a), Estates Code, is amended
527	527	to read as follows:
528	528	(a) The guardian of the estate shall attach to an account
529	529	the guardian's affidavit stating:
530	530	(1) that the account contains a correct and complete
531	531	statement of the matters to which the account relates;
532	532	(2) that the guardian has paid the bond premium for the
533	533	next accounting period;
534	534	(3) that the guardian has filed all tax returns of the
535	535	ward due during the accounting period;
536	536	(4) that the guardian has paid all taxes the ward owed
537	537	during the accounting period, the amount of the taxes, the date the
538	538	guardian paid the taxes, and the name of the governmental entity to
539	539	which the guardian paid the taxes; and
540	540	(5) if the guardian is a private professional
541	541	guardian, a guardianship program, or the Health and Human Services
542	542	Commission [Department of Aging and Disability Services], whether
543	543	the guardian or an individual certified under Subchapter C, Chapter
544	544	155 [111], Government Code, who is providing guardianship services
545	545	to the ward and who is swearing to the account on the guardian's
546	546	behalf, is or has been the subject of an investigation conducted by
547	547	the Judicial Branch [Guardianship] Certification Commission
548	548	[Board] during the accounting period.
549	549	SECTION 33. Section 1163.101(c), Estates Code, is amended
550	550	to read as follows:
551	551	(c) The guardian of the person shall file a sworn affidavit
552	552	that contains:
553	553	(1) the guardian's current name, address, and
554	554	telephone number;
555	555	(2) the ward's date of birth and current name, address,
556	556	telephone number, and age;
557	557	(3) a description of the type of home in which the ward
558	558	resides, which shall be described as:
559	559	(A) the ward's own home;
560	560	(B) a nursing home;
561	561	(C) a guardian's home;
562	562	(D) a foster home;
563	563	(E) a boarding home;
564	564	(F) a relative's home, in which case the
565	565	description must specify the relative's relationship to the ward;
566	566	(G) a hospital or medical facility; or
567	567	(H) another type of residence;
568	568	(4) statements indicating:
569	569	(A) the length of time the ward has resided in the
570	570	present home;
571	571	(B) the reason for a change in the ward's
572	572	residence, if a change in the ward's residence has occurred in the
573	573	past year;
574	574	(C) the date the guardian most recently saw the
575	575	ward;
576	576	(D) how frequently the guardian has seen the ward
577	577	in the past year;
578	578	(E) whether the guardian has possession or
579	579	control of the ward's estate;
580	580	(F) whether the ward's mental health has
581	581	improved, deteriorated, or remained unchanged during the past year,
582	582	including a description of the change if a change has occurred;
583	583	(G) whether the ward's physical health has
584	584	improved, deteriorated, or remained unchanged during the past year,
585	585	including a description of the change if a change has occurred;
586	586	(H) whether the ward has regular medical care;
587	587	and
588	588	(I) the ward's treatment or evaluation by any of
589	589	the following persons during the past year, including the person's
590	590	name and a description of the treatment:
591	591	(i) a physician;
592	592	(ii) a psychiatrist, psychologist, or other
593	593	mental health care provider;
594	594	(iii) a dentist;
595	595	(iv) a social or other caseworker; or
596	596	(v) any other individual who provided
597	597	treatment;
598	598	(5) a description of the ward's activities during the
599	599	past year, including recreational, educational, social, and
600	600	occupational activities, or a statement that no activities were
601	601	available or that the ward was unable or refused to participate in
602	602	activities;
603	603	(6) the guardian's evaluation of:
604	604	(A) the ward's living arrangements as excellent,
605	605	average, or below average, including an explanation if the
606	606	conditions are below average;
607	607	(B) whether the ward is content or unhappy with
608	608	the ward's living arrangements; and
609	609	(C) unmet needs of the ward;
610	610	(7) a statement indicating whether the guardian's
611	611	power should be increased, decreased, or unaltered, including an
612	612	explanation if a change is recommended;
613	613	(8) a statement indicating that the guardian has paid
614	614	the bond premium for the next reporting period;
615	615	(9) if the guardian is a private professional
616	616	guardian, a guardianship program, or the Health and Human Services
617	617	Commission [Department of Aging and Disability Services], whether
618	618	the guardian or an individual certified under Subchapter C, Chapter
619	619	155, Government Code, who is providing guardianship services to the
620	620	ward and who is filing the affidavit on the guardian's behalf, is or
621	621	has been the subject of an investigation conducted by the Judicial
622	622	Branch [Guardianship] Certification Commission [Board] during the
623	623	preceding year; and
624	624	(10) any additional information the guardian desires
625	625	to share with the court regarding the ward, including:
626	626	(A) whether the guardian has filed for emergency
627	627	detention of the ward under Subchapter A, Chapter 573, Health and
628	628	Safety Code; and
629	629	(B) if applicable, the number of times the
630	630	guardian has filed for emergency detention and the dates of the
631	631	applications for emergency detention.
632	632	SECTION 34. Sections 1251.101(a), (b), and (d), Estates
633	633	Code, are amended to read as follows:
634	634	(a) When the temporary guardian files the oath or
635	635	declaration prescribed by Section 1105.051 and the bond required
636	636	under this title, the court order appointing the temporary guardian
637	637	takes effect without the necessity for issuance of letters of
638	638	guardianship.
639	639	(b) The clerk shall note compliance with the oath or
640	640	declaration and bond requirements by the appointed temporary
641	641	guardian on a certificate attached to the order.
642	642	(d) The clerk may not issue certified copies of the order
643	643	until the oath or declaration and bond requirements are satisfied.
644	644	SECTION 35. Subchapter B, Chapter 1301, Estates Code, is
645	645	amended by adding Section 1301.0511 to read as follows:
646	646	Sec. 1301.0511. NOTICE REQUIRED FOR APPLICATION FOR
647	647	CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED. (a) On the
648	648	filing of an application for creation of a management trust and
649	649	except as provided by Subsection (d), notice shall be issued and
650	650	served in the manner provided by Subchapter C, Chapter 1051, for the
651	651	issuance and service of notice on the filing of an application for
652	652	guardianship.
653	653	(b) It is not necessary to serve a citation on a person who
654	654	files an application for the creation of a management trust under
655	655	this subchapter or for that person to waive the issuance and
656	656	personal service of citation.
657	657	(c) If the person for whom an application for creation of a
658	658	management trust is filed is a ward, the sheriff or other officer,
659	659	in addition to serving the persons described by Section 1051.103,
660	660	shall personally serve each guardian of the ward with citation to
661	661	appear and answer the application.
662	662	(d) Notice under this section is not required if a
663	663	proceeding for the appointment of a guardian is pending for the
664	664	person for whom an application for creation of a management trust is
665	665	filed.
666	666	SECTION 36. Section 1301.101(a), Estates Code, is amended
667	667	to read as follows:
668	668	(a) Except as provided by Subsection (c), a management trust
669	669	created for a ward or incapacitated person must provide that:
670	670	(1) the ward or incapacitated person is the sole
671	671	beneficiary of the trust;
672	672	(2) the trustee may disburse an amount of the trust's
673	673	principal or income as the trustee determines is necessary to spend
674	674	for the health, education, maintenance, or support of the person
675	675	for whom the trust is created;
676	676	(3) the trust income that the trustee does not
677	677	disburse under Subdivision (2) must be added to the trust
678	678	principal;
679	679	(4) a trustee that is a corporate fiduciary serves
680	680	without giving a bond; [and]
681	681	(5) subject to the court's approval and Subsection
682	682	(b), a trustee is entitled to receive reasonable compensation for
683	683	services the trustee provides to the person for whom the trust is
684	684	created as the person's trustee; and
685	685	(6) the trust terminates:
686	686	(A) except as provided by Paragraph (B), if the
687	687	person for whom the trust is created is a minor:
688	688	(i) on the earlier of:
689	689	(a) the person's death; or
690	690	(b) the person's 18th birthday; or
691	691	(ii) on the date provided by court order,
692	692	which may not be later than the person's 25th birthday;
693	693	(B) if the person for whom the trust is created is
694	694	a minor and is also incapacitated for a reason other than being a
695	695	minor:
696	696	(i) on the person's death; or
697	697	(ii) when the person regains capacity; or
698	698	(C) if the person for whom the trust is created is
699	699	not a minor:
700	700	(i) according to the terms of the trust;
701	701	(ii) on the date the court determines that
702	702	continuing the trust is no longer in the person's best interests,
703	703	subject to Section 1301.202(c); or
704	704	(iii) on the person's death.
705	705	SECTION 37. Section 1301.154(b), Estates Code, is amended
706	706	to read as follows:
707	707	(b) The trustee of a management trust created for a ward
708	708	shall provide a copy of the annual account to each [the] guardian of
709	709	the ward [ward's estate or person].
710	710	SECTION 38. Section 1301.203, Estates Code, is amended by
711	711	amending Subsection (a) and adding Subsection (a-1) to read as
712	712	follows:
713	713	(a) Except as provided by Subsection (a-1), if [If] the
714	714	person for whom a management trust is created is a minor, the trust
715	715	terminates on:
716	716	(1) the earlier of:
717	717	(A) the person's death; or
718	718	(B) the person's 18th birthday; or
719	719	(2) the date provided by court order, which may not be
720	720	later than the person's 25th birthday.
721	721	(a-1) If the person for whom a management trust is created
722	722	is a minor and is also incapacitated for a reason other than being a
723	723	minor, the trust terminates:
724	724	(1) on the person's death; or
725	725	(2) when the person regains capacity.
726	726	SECTION 39. Sections 1355.002(b), (c), (d), (e), and (f),
727	727	Estates Code, are amended to read as follows:
728	728	(b) This section applies only to a nonresident creditor who
729	729	is:
730	730	(1) a nonresident minor and has a nonresident guardian
731	731	of the estate appointed by a foreign court;
732	732	(2) [,] a nonresident person who is adjudged by a
733	733	foreign court [of competent jurisdiction] to be incapacitated and
734	734	has a nonresident guardian of the estate appointed by that
735	735	court;[,] or
736	736	(3) the nonresident former ward of a guardianship
737	737	terminated under Chapter 1204 who has no legal guardian qualified
738	738	in this state.
739	739	(c) A debtor in this state who owes money to a nonresident
740	740	creditor to whom this section applies may pay the money:
741	741	(1) to the creditor's guardian of the estate qualified
742	742	in the domiciliary jurisdiction; or
743	743	(2) to the county clerk of:
744	744	(A) any county in this state in which real
745	745	property owned by the creditor is located; or
746	746	(B) if the creditor is not known to own real
747	747	property in this state, the county in which the debtor resides.
748	748	(d) A payment made under this section is for the nonresident
749	749	creditor's account and for the nonresident creditor's use and
750	750	benefit.
751	751	(e) A receipt for payment signed by the county clerk is
752	752	binding on the nonresident creditor as of the date and to the extent
753	753	of payment if the receipt states:
754	754	(1) the creditor's name; and
755	755	(2) the creditor's post office address, if the address
756	756	is known.
757	757	(f) A county clerk who receives a payment under Subsection
758	758	(c) for a nonresident creditor shall handle the money in the same
759	759	manner as provided for a payment to the account of a resident
760	760	creditor under Sections 1355.001, 1355.051, 1355.052, 1355.102,
761	761	1355.103, and 1355.104. Those sections apply to the handling and
762	762	disposition of money or any increase, dividend, or income paid to
763	763	the clerk for the use, benefit, and account of the nonresident
764	764	creditor to whom this section applies.
765	765	SECTION 40. Section 1355.105, Estates Code, is amended to
766	766	read as follows:
767	767	Sec. 1355.105. WITHDRAWAL OF MONEY BY CREDITOR OR
768	768	CREDITOR'S HEIR, [OR] REPRESENTATIVE, OR GUARDIAN. (a) On
769	769	presentation to the court clerk of an order of a county or probate
770	770	court of the county in which the money is held, money that is not
771	771	withdrawn by an authorized person as provided by this chapter may be
772	772	withdrawn by:
773	773	(1) the creditor, after termination of the creditor's
774	774	disability;
775	775	(2) a subsequent personal representative of the
776	776	creditor; [or]
777	777	(3) the creditor's heirs; or
778	778	(4) a nonresident guardian of the estate appointed by
779	779	a foreign court for a creditor who is:
780	780	(A) a nonresident minor; or
781	781	(B) a nonresident person who is adjudged to be
782	782	incapacitated.
783	783	(b) Except as provided by Subsection (b-1), a [A] withdrawal
784	784	under Subsection (a) may be made at any time and without a special
785	785	bond for that purpose.
786	786	(b-1) A court may require a nonresident guardian of the
787	787	estate of a creditor who is a nonresident minor or nonresident
788	788	incapacitated person as described by Subsection (a)(4) to provide
789	789	proof that the nonresident guardian of the estate gave an adequate
790	790	bond in the foreign jurisdiction if the court determines that it is
791	791	in the nonresident minor's or nonresident incapacitated person's
792	792	best interest.
793	793	(c) The order presented under Subsection (a) must direct the
794	794	court clerk to deliver the money to:
795	795	(1) the creditor;
796	796	(2) [,] the creditor's personal representative;
797	797	(3) [, or] the creditor's heirs named in the order; or
798	798	(4) if the creditor is a nonresident minor or
799	799	nonresident person who is adjudged to be incapacitated, the
800	800	creditor's nonresident guardian of the estate.
801	801	(d) Before the court may issue an order under this section,
802	802	the person's identity and credentials must be proved to the court's
803	803	satisfaction. For purposes of this subsection, a nonresident
804	804	guardian of the estate described by Subsection (c)(4) must present
805	805	to the court exemplified copies of the order of a foreign court
806	806	appointing the guardian and current letters of guardianship issued
807	807	in the foreign jurisdiction.
808	808	SECTION 41. (a) Except as otherwise provided by this
809	809	section, the changes in law made by this Act apply to:
810	810	(1) a guardianship created before, on, or after the
811	811	effective date of this Act; and
812	812	(2) an application for a guardianship pending on, or
813	813	filed on or after, the effective date of this Act.
814	814	(b) The changes in law made by this Act to Section 1021.001,
815	815	Estates Code, apply only to an action filed on or after the
816	816	effective date of this Act. An action filed before the effective
817	817	date of this Act is governed by the law in effect on the date the
818	818	action was filed, and the former law is continued in effect for that
819	819	purpose.
820	820	(c) The changes in law made by this Act to Section 1251.101,
821	821	Estates Code, and Chapter 1105, Estates Code, apply only to the
822	822	qualification of a guardian that occurs on or after the effective
823	823	date of this Act. The qualification of a guardian that occurs
824	824	before the effective date of this Act is governed by the law in
825	825	effect on the date the guardian qualifies to serve, and the former
826	826	law is continued in effect for that purpose.
827	827	(d) Section 1301.0511, Estates Code, as added by this Act,
828	828	applies only to an application for creation of a management trust
829	829	filed on or after the effective date of this Act. An application
830	830	for creation of a management trust filed before the effective date
831	831	of this Act is governed by the law in effect on the date the
832	832	application was filed, and the former law is continued in effect for
833	833	that purpose.
834	834	(e) The changes in law made by this Act to Sections 1301.101
835	835	and 1301.203, Estates Code, apply only to an application for the
836	836	creation or modification of a management trust filed on or after the
837	837	effective date of this Act. An application for the creation or
838	838	modification of a management trust filed before the effective date
839	839	of this Act is governed by the law in effect on the date the
840	840	application was filed, and the former law is continued in effect for
841	841	that purpose.
842	842	(f) The changes in law made by this Act to Section 1355.105,
843	843	Estates Code, apply only to an application for an order for the
844	844	delivery of money that is filed on or after the effective date of
845	845	this Act. An application for an order for the delivery of money
846	846	that is filed before the effective date of this Act is governed by
847	847	the law in effect on the date the application was filed, and the
848	848	former law is continued in effect for that purpose.
849	849	SECTION 42. This Act takes effect September 1, 2021.