Texas 2021 - 87th Regular

Texas Senate Bill SB1129 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1129
	1	+	By: Zaffirini S.B. No. 1129
	2	+	(Neave)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to guardianships, alternatives to guardianship, and
6	8		supports and services for incapacitated persons.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 1023.005, Estates Code, is amended to
9	11		read as follows:
10	12		Sec. 1023.005. COURT ACTION. (a) On hearing an application
11	13		or motion under Section 1023.003, if [good cause is not shown to
12	14		deny the transfer and] it appears that transfer of the guardianship
13	15		is in the best interests of the ward and either the ward has resided
14	16		in the county to which the guardianship is to be transferred for at
15	17		least six months or good cause is not otherwise shown to deny the
16	18		transfer, the court shall enter an order:
17	19		(1) authorizing the transfer on payment on behalf of
18	20		the estate of all accrued costs; [and]
19	21		(2) requiring that any existing bond of the guardian
20	22		must remain in effect until a new bond has been given or a rider has
21	23		been filed in accordance with Section 1023.010; and
22	24		(3) certifying that the guardianship is in compliance
23	25		with this code at the time of transfer.
24	26		(b) In making a determination that the transfer is in the
25	27		best interests of the ward under Subsection (a), the court may
26	28		consider:
27	29		(1) the interests of justice;
28	30		(2) the convenience of the parties; and
29	31		(3) the preference of the ward, if the ward is 12 years
30	32		of age or older.
31	33		(c) On receipt of an order described by Subsection (a), the
32	34		county shall accept the transfer of the guardianship.
33	35		SECTION 2. Section 1023.008, Estates Code, is amended to
34	36		read as follows:
35	37		Sec. 1023.008. CONTINUATION OF GUARDIANSHIP. (a) When a
36	38		guardianship is transferred from one county to another in
37	39		accordance with this chapter:
38	40		(1) [,] the guardianship proceeds in the court to
39	41		which it was transferred as if it had been originally commenced in
40	42		that court;
41	43		(2) the court to which the guardianship is transferred
42	44		becomes the court of continuing, exclusive jurisdiction;
43	45		(3) a proceeding relating to the guardianship that is
44	46		commenced in the court ordering the transfer continues in the court
45	47		to which the guardianship is transferred as if the proceeding
46	48		commenced in the receiving court;
47	49		(4) a judgment or order entered in the guardianship
48	50		before the transfer has the same effect and must be enforced as a
49	51		judgment or order entered by the court to which the guardianship is
50	52		transferred; and
51	53		(5) the court ordering the transfer does not retain:
52	54		(A) jurisdiction of the ward who is the subject
53	55		of the guardianship; and
54	56		(B) the authority to enforce an order entered for
55	57		a violation of this title that occurred before or after the
56	58		transfer.
57	59		(b) It is not necessary to record in the receiving court any
58	60		of the papers in the case that were recorded in the court from which
59	61		the case was transferred.
60	62		SECTION 3. Chapter 1023, Estates Code, is amended by adding
61	63		Section 1023.011 to read as follows:
62	64		Sec. 1023.011. NO LIABILITY OF JUDGE. (a) When a
63	65		guardianship is transferred from one county to another in
64	66		accordance with this chapter, a judge of the court from which the
65	67		guardianship is transferred may not be held civilly liable for any
66	68		injury, damage, or loss to the ward or the ward's estate that occurs
67	69		after the transfer.
68	70		(b) A judge of the court to which a guardianship is
69	71		transferred as described by Subsection (a) may not be held civilly
70	72		liable for any injury, damage, or loss to the ward or the ward's
71	73		estate that occurred before the transfer.
72	74		SECTION 4. Subchapter D, Chapter 1055, Estates Code, is
73	75		amended to read as follows:
74	76		SUBCHAPTER D. MEDIATION
75	77		Sec. 1055.151. MEDIATION OF CONTESTED GUARDIANSHIP
76	78		PROCEEDING. (a) Subject to Subsection (b), on [On] the written
77	79		agreement of the parties or on the court's own motion, the court may
78	80		refer a contested guardianship proceeding to mediation.
79	81		(b) If the court refers to mediation a proceeding under
80	82		Subsection (a) regarding the appointment of a guardian for a
81	83		proposed ward:
82	84		(1) a determination of incapacity of the proposed ward
83	85		may be an issue to be mediated, but the applicant for guardianship
84	86		must still prove to the court that the proposed ward is an
85	87		incapacitated person in accordance with the requirements of Chapter
86	88		1101; and
87	89		(2) all parties to the proceeding shall evaluate
88	90		during the mediation alternatives to guardianship and supports and
89	91		services available to the proposed ward, including whether the
90	92		supports and services and alternatives to guardianship would be
91	93		feasible to avoid the need for appointment of a guardian.
92	94		(c) The cost of mediation shall be paid by the parties to the
93	95		proceeding unless otherwise ordered by the court. If the parties
94	96		are unable to pay the cost of mediation, the court may refer the
95	97		parties to a local alternative dispute resolution center providing
96	98		services as part of a system for resolution of disputes established
97	99		under Section 152.002, Civil Practice and Remedies Code, if a
98	100		system has been established in the county, and the local center may
99	101		waive mediation costs as appropriate.
100	102		Sec. 1055.152. MEDIATED SETTLEMENT AGREEMENTS. (a) A
101	103		mediated settlement agreement is binding on the parties if the
102	104		agreement:
103	105		(1) provides, in a prominently displayed statement
104	106		that is in boldfaced type, in capital letters, or underlined, that
105	107		the agreement is not subject to revocation by the parties;
106	108		(2) is signed by each party to the agreement; and
107	109		(3) is signed by the party's attorney, if any, who is
108	110		present at the time the agreement is signed.
109	111		(b) [(c)] If a mediated settlement agreement meets the
110	112		requirements of this section, a party is entitled to judgment on the
111	113		mediated settlement agreement notwithstanding Rule 11, Texas Rules
112	114		of Civil Procedure, or another rule or law.
113	115		(c) [(d)] Notwithstanding Subsections (a) and (b) [and
114	116		(c)], a court may decline to enter a judgment on a mediated
115	117		settlement agreement if the court finds that the agreement is not in
116	118		the ward's or proposed ward's best interests.
117	119		SECTION 5. Chapter 155, Government Code, is amended by
118	120		adding Subchapter G to read as follows:
119	121		SUBCHAPTER G. GUARDIANSHIP MEDIATION TRAINING
120	122		Sec. 155.301. TRAINING. (a) The office by rule shall
121	123		establish a training course with at least 24 hours of training for
122	124		persons facilitating mediations under Title 3, Estates Code, that
123	125		may be provided by a mediation training provider approved by the
124	126		office. A mediation training provider shall adhere to the
125	127		established curriculum in providing the training course.
126	128		(b) This section does not require a mediator facilitating a
127	129		mediation under Title 3, Estates Code, to attend or be certified
128	130		under a training course established under Subsection (a).
129	131		SECTION 6. The changes in law made by this Act apply to a
130	132		guardianship created before, on, or after the effective date of
131	133		this Act.
132	134		SECTION 7. The Office of Court Administration of the Texas
133	135		Judicial System is required to implement a provision of this Act
134	136		only if the legislature appropriates money specifically for that
135	137		purpose. If the legislature does not appropriate money
136	138		specifically for that purpose, the Office of Court Administration
137	139		of the Texas Judicial System may, but is not required to, implement
138	140		a provision of this Act using other appropriations available for
139	141		that purpose.
140	142		SECTION 8. This Act takes effect September 1, 2021.
141		-	______________________________ ______________________________
142		-	President of the Senate Speaker of the House
143		-	I hereby certify that S.B. No. 1129 passed the Senate on
144		-	April 19, 2021, by the following vote: Yeas 31, Nays 0.
145		-	______________________________
146		-	Secretary of the Senate
147		-	I hereby certify that S.B. No. 1129 passed the House on
148		-	May 20, 2021, by the following vote: Yeas 146, Nays 0, one
149		-	present not voting.
150		-	______________________________
151		-	Chief Clerk of the House
152		-	Approved:
153		-	______________________________
154		-	Date
155		-	______________________________
156		-	Governor