Texas 2021 - 87th Regular

Texas Senate Bill SB615 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 615
	1	+	By: Zaffirini S.B. No. 615
	2	+	(Leach)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to probate and guardianship matters and proceedings and
6	8		other matters involving probate courts.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 30.014(a), Civil Practice and Remedies
9	11		Code, is amended to read as follows:
10	12		(a) In a civil action, including a probate or guardianship
11	13		proceeding, filed in a district court, county court, [or] statutory
12	14		county court, or statutory probate court, each party or the party's
13	15		attorney shall include in its initial pleading:
14	16		(1) the last three numbers of the party's driver's
15	17		license number, if the party has been issued a driver's license; and
16	18		(2) the last three numbers of the party's social
17	19		security number, if the party has been issued a social security
18	20		number.
19	21		SECTION 2. Section 33.101, Estates Code, is amended to read
20	22		as follows:
21	23		Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
22	24		PROPER. If probate proceedings involving the same estate are
23	25		commenced in more than one county and the court making a
24	26		determination of venue as provided by Section 33.053 determines
25	27		that venue is proper in another county, the court clerk shall make
26	28		and retain a copy of the entire file in the case and transmit the
27	29		original file in electronic or paper form to the court in the county
28	30		in which venue is proper. The court to which the file is
29	31		transmitted shall conduct the proceeding in the same manner as if
30	32		the proceeding had originally been commenced in that county.
31	33		SECTION 3. Section 33.102(a), Estates Code, is amended to
32	34		read as follows:
33	35		(a) If it appears to the court at any time before the final
34	36		order in a probate proceeding is rendered that the court does not
35	37		have priority of venue over the proceeding, the court shall, on the
36	38		application of an interested person, transfer the proceeding to the
37	39		proper county by transmitting to the proper court in that county in
38	40		electronic or paper form:
39	41		(1) the original file in the case; and
40	42		(2) certified copies of all entries that have been
41	43		made in the judge's probate docket in the proceeding.
42	44		SECTION 4. Section 33.103, Estates Code, is amended by
43	45		adding Subsection (c) to read as follows:
44	46		(c) The transmittal under Subsection (b) of the original
45	47		file and the certified copy of the index may be in electronic or
46	48		paper form, except that an original will filed in the probate
47	49		proceeding, if any, must be delivered to the court to which the
48	50		proceeding is transferred.
49	51		SECTION 5. Section 51.003(b), Estates Code, is amended to
50	52		read as follows:
51	53		(b) A citation or notice issued by the county clerk must be
52	54		styled "The State of Texas" and be signed by the clerk under the
53	55		court's [clerk's] seal.
54	56		SECTION 6. Section 202.054, Estates Code, is amended to
55	57		read as follows:
56	58		Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE REQUIRED.
57	59		(a) The court may require that service of citation in a proceeding
58	60		to declare heirship be made by personal service on some or all of
59	61		those named as distributees in the application filed under Section
60	62		202.005.
61	63		(b) If a distributee to be cited under Subsection (a) is
62	64		absent from or is not a resident of this state, any disinterested
63	65		person competent to make an oath that the citation was served may
64	66		serve the citation.
65	67		SECTION 7. Section 351.351, Estates Code, is amended to
66	68		read as follows:
67	69		Sec. 351.351. APPLICABILITY. This subchapter does not
68	70		apply to:
69	71		(1) the appointment of an independent executor or
70	72		administrator under Section 401.002 or 401.003(a); or
71	73		(2) the appointment of a successor independent
72	74		administrator [executor] under Section 404.005.
73	75		SECTION 8. Section 404.0036(b), Estates Code, is amended to
74	76		read as follows:
75	77		(b) If an independent executor is removed by the court under
76	78		Section 404.003 or 404.0035, the court may, on application, appoint
77	79		a successor independent administrator [executor] as provided by
78	80		Section 404.005.
79	81		SECTION 9. The heading to Section 404.005, Estates Code, is
80	82		amended to read as follows:
81	83		Sec. 404.005. COURT-APPOINTED SUCCESSOR INDEPENDENT
82	84		ADMINISTRATOR [EXECUTOR].
83	85		SECTION 10. Sections 404.005(a), (b), (c), (h), and (i),
84	86		Estates Code, are amended to read as follows:
85	87		(a) If the will of a person who dies testate names an
86	88		independent executor who, having qualified, fails for any reason to
87	89		continue to serve, or is removed for cause by the court, and the
88	90		will does not name a successor independent executor or if each
89	91		successor executor named in the will fails for any reason to qualify
90	92		as executor or indicates by affidavit filed with the application
91	93		for an order continuing independent administration the successor
92	94		executor's inability or unwillingness to serve as successor
93	95		independent executor, all of the distributees of the decedent as of
94	96		the filing of the application for an order continuing independent
95	97		administration may apply to the probate court for the appointment
96	98		of a qualified person, firm, or corporation to serve as successor
97	99		independent administrator [executor]. If the probate court finds
98	100		that continued administration of the estate is necessary, the court
99	101		shall enter an order continuing independent administration and
100	102		appointing the person, firm, or corporation designated in the
101	103		application as successor independent administrator [executor],
102	104		unless the probate court finds that it would not be in the best
103	105		interest of the estate to do so. The successor independent
104	106		administrator [executor] shall serve with all of the powers and
105	107		privileges granted to the successor's predecessor independent
106	108		executor.
107	109		(b) Except as otherwise provided by this subsection, if a
108	110		distributee described in this section is an incapacitated person,
109	111		the guardian of the person of the distributee may sign the
110	112		application on behalf of the distributee. If the probate court
111	113		finds that either the continuing of independent administration or
112	114		the appointment of the person, firm, or corporation designated in
113	115		the application as successor independent administrator [executor]
114	116		would not be in the best interest of the incapacitated person, then,
115	117		notwithstanding Subsection (a), the court may not enter an order
116	118		continuing independent administration of the estate. If the
117	119		distributee is an incapacitated person and has no guardian of the
118	120		person, the court may appoint a guardian ad litem to make
119	121		application on behalf of the incapacitated person if the probate
120	122		court considers such an appointment necessary to protect the
121	123		interest of that distributee. If a distributee described in this
122	124		section is a minor and has no guardian of the person, a natural
123	125		guardian of the minor may sign the application for the order
124	126		continuing independent administration on the minor's behalf unless
125	127		a conflict of interest exists between the minor and the natural
126	128		guardian.
127	129		(c) Except as otherwise provided by this subsection, if a
128	130		trust is created in the decedent's will or if the decedent's will
129	131		devises property to a trustee as described by Section 254.001, the
130	132		person or class of persons entitled to receive property outright
131	133		from the trust on the decedent's death and those first eligible to
132	134		receive the income from the trust, determined as if the trust were
133	135		to be in existence on the date of the filing of the application for
134	136		an order continuing independent administration, shall, for the
135	137		purposes of this section, be considered to be the distributee or
136	138		distributees on behalf of the trust, and any other trust or trusts
137	139		coming into existence on the termination of the trust, and are
138	140		authorized to apply for an order continuing independent
139	141		administration on behalf of the trust without the consent or
140	142		agreement of the trustee or any other beneficiary of the trust, or
141	143		the trustee or any beneficiary of any other trust which may come
142	144		into existence on the termination of the trust. If a person
143	145		considered to be a distributee under this subsection is an
144	146		incapacitated person, the trustee or cotrustee may apply for the
145	147		order continuing independent administration or sign the
146	148		application on the incapacitated person's behalf if the trustee or
147	149		cotrustee is not the person proposed to serve as the independent
148	150		administrator [executor].
149	151		(h) If a successor independent administrator [executor] is
150	152		appointed under this section, then, unless the probate court shall
151	153		waive bond on application for waiver, the successor independent
152	154		administrator [executor] shall be required to enter into bond
153	155		payable to and to be approved by the judge and the judge's
154	156		successors in a sum that is found by the judge to be adequate under
155	157		all circumstances, or a bond with one surety in an amount that is
156	158		found by the judge to be adequate under all circumstances, if the
157	159		surety is an authorized corporate surety.
158	160		(i) Absent proof of fraud or collusion on the part of a
159	161		judge, the judge may not be held civilly liable for the commission
160	162		of misdeeds or the omission of any required act of any person, firm,
161	163		or corporation designated as a successor independent administrator
162	164		[executor] under this section. Section 351.354 does not apply to an
163	165		appointment of a successor independent administrator [executor]
164	166		under this section.
165	167		SECTION 11. Section 452.006, Estates Code, is amended by
166	168		adding Subsection (c) to read as follows:
167	169		(c) The appointee shall file with the court proof of service
168	170		of the notice required under Subsection (a) in the manner provided
169	171		by Section 51.103(b)(3).
170	172		SECTION 12. Section 503.002, Estates Code, is amended to
171	173		read as follows:
172	174		Sec. 503.002. RECORDING OF CERTAIN FOREIGN TESTAMENTARY
173	175		INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH [ORIGINAL SIGNATURES NOT
174	176		REQUIRED]. (a) An authenticated copy of a will or other
175	177		testamentary instrument described by Section 503.001(a), along
176	178		with a copy of the judgment, order, or decree by which the
177	179		instrument was admitted to probate that has the attestation and
178	180		certificate required by Section 501.002(c), that is written in
179	181		whole or in part in a language other than English may be filed for
180	182		recording in the deed records in any county in this state in which
181	183		the land conveyed or disposed of in the instrument is located if:
182	184		(1) a correct English translation is recorded with the
183	185		authenticated copies of the will or other testamentary instrument
184	186		and judgment, order, or decree by which the instrument was admitted
185	187		to probate; and
186	188		(2) the accuracy of the translation is sworn to before
187	189		an officer authorized to administer oaths [Notwithstanding Section
188	190		501.002(c), the original signatures required by that section may
189	191		not be required for a recordation in the deed records in accordance
190	192		with Section 503.001 or for a purpose described by Section 503.051
191	193		or 503.052].
192	194		(b) The recording of an authenticated copy of a will or
193	195		other testamentary instrument and a copy of the judgment, order, or
194	196		decree in the manner provided by Subsection (a) operates as
195	197		constructive notice from the date of filing to all persons of the:
196	198		(1) existence of the instrument; and
197	199		(2) title or titles conferred by the instrument.
198	200		SECTION 13. Section 1023.006, Estates Code, is amended to
199	201		read as follows:
200	202		Sec. 1023.006. TRANSFER OF RECORD. When an order of
201	203		transfer is made under Section 1023.005, the clerk shall record any
202	204		unrecorded papers of the guardianship required to be recorded. On
203	205		payment of the clerk's fee, the clerk shall transmit in electronic
204	206		or paper form to the county clerk of the county to which the
205	207		guardianship was ordered transferred:
206	208		(1) the case file of the guardianship proceedings; and
207	209		(2) a certified copy of the index of the guardianship
208	210		records.
209	211		SECTION 14. Section 1023.007, Estates Code, is amended to
210	212		read as follows:
211	213		Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring
212	214		a guardianship does not take effect until:
213	215		(1) the case file and a certified copy of the index
214	216		required by Section 1023.006 are filed in electronic or paper form
215	217		in the office of the county clerk of the county to which the
216	218		guardianship was ordered transferred; and
217	219		(2) a certificate under the clerk's official seal and
218	220		reporting the filing of the case file and a certified copy of the
219	221		index is filed in electronic or paper form in the court ordering the
220	222		transfer by the county clerk of the county to which the guardianship
221	223		was ordered transferred.
222	224		SECTION 15. Section 1051.003(b), Estates Code, is amended
223	225		to read as follows:
224	226		(b) A citation or notice issued by the county clerk must be
225	227		styled "The State of Texas" and be signed by the clerk under the
226	228		court's [clerk's] seal.
227	229		SECTION 16. The heading to Chapter 1054, Estates Code, is
228	230		amended to read as follows:
229	231		CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND
230	232		ATTORNEYS
231	233		SECTION 17. The heading to Subchapter E, Chapter 1054,
232	234		Estates Code, is amended to read as follows:
233	235		SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED]
234	236		ATTORNEY
235	237		SECTION 18. Section 1054.201, Estates Code, is amended by
236	238		amending Subsection (a) and adding Subsection (c) to read as
237	239		follows:
238	240		(a) Except as provided by Subsection (c), an [An] attorney
239	241		representing any person's interests [for an applicant for
240	242		guardianship and a court-appointed attorney] in a guardianship
241	243		proceeding, including an attorney ad litem, must be certified by
242	244		the State Bar of Texas, or a person or other entity designated by
243	245		the state bar, as having successfully completed a course of study in
244	246		guardianship law and procedure sponsored by the state bar or the
245	247		state bar's designee.
246	248		(c) An attorney may commence representation of a person's
247	249		interests and file an appearance in a guardianship proceeding
248	250		before completing the course required for certification under
249	251		Subsection (a), but must complete the course not later than the 14th
250	252		day after the date of filing the appearance and before filing any
251	253		substantive motion in the guardianship proceeding.
252	254		SECTION 19. Section 1101.001(b), Estates Code, is amended
253	255		to read as follows:
254	256		(b) The application must be sworn to by the applicant and
255	257		state:
256	258		(1) the proposed ward's name, sex, date of birth, and
257	259		address;
258	260		(2) the name, former name, if any, relationship, and
259	261		address of the person the applicant seeks to have appointed as
260	262		guardian;
261	263		(3) whether guardianship of the person or estate, or
262	264		both, is sought;
263	265		(3-a) whether alternatives to guardianship and
264	266		available supports and services to avoid guardianship were
265	267		considered;
266	268		(3-b) whether any alternatives to guardianship and
267	269		supports and services available to the proposed ward considered are
268	270		feasible and would avoid the need for a guardianship;
269	271		(4) the nature and degree of the alleged incapacity,
270	272		the specific areas of protection and assistance requested, and the
271	273		limitation or termination of rights requested to be included in the
272	274		court's order of appointment, including a termination of:
273	275		(A) the right of a proposed ward who is 18 years
274	276		of age or older to vote in a public election;
275	277		(B) the proposed ward's eligibility to hold or
276	278		obtain a license to operate a motor vehicle under Chapter 521,
277	279		Transportation Code; and
278	280		(C) the right of a proposed ward to make personal
279	281		decisions regarding residence;
280	282		(5) the facts requiring the appointment of a guardian;
281	283		(6) the interest of the applicant in the appointment
282	284		of a guardian;
283	285		(7) the nature and description of any kind of
284	286		guardianship existing for the proposed ward in any other state;
285	287		(8) the name and address of any person or institution
286	288		having the care and custody of the proposed ward;
287	289		(9) the approximate value and a detailed description
288	290		of the proposed ward's property, including:
289	291		(A) liquid assets, including any compensation,
290	292		pension, insurance, or allowance to which the proposed ward may be
291	293		entitled; and
292	294		(B) non-liquid assets, including real property;
293	295		(10) the name and address of any person whom the
294	296		applicant knows to hold a power of attorney signed by the proposed
295	297		ward and a description of the type of power of attorney;
296	298		(11) for a proposed ward who is a minor, the following
297	299		information if known by the applicant:
298	300		(A) the name of each of the proposed ward's
299	301		parents and either the parent's address or that the parent is
300	302		deceased;
301	303		(B) the name and age of each of the proposed
302	304		ward's siblings, if any, and either the sibling's address or that
303	305		the sibling is deceased; and
304	306		(C) if each of the proposed ward's parents and
305	307		adult siblings are deceased, the names and addresses of the
306	308		proposed ward's other living relatives who are related to the
307	309		proposed ward within the third degree by consanguinity and who are
308	310		adults;
309	311		(12) for a proposed ward who is a minor, whether the
310	312		minor was the subject of a legal or conservatorship proceeding in
311	313		the preceding two years and, if so:
312	314		(A) the court involved;
313	315		(B) the nature of the proceeding; and
314	316		(C) any final disposition of the proceeding;
315	317		(13) for a proposed ward who is an adult, the following
316	318		information if known by the applicant:
317	319		(A) the name of the proposed ward's spouse, if
318	320		any, and either the spouse's address or that the spouse is deceased;
319	321		(B) the name of each of the proposed ward's
320	322		parents and either the parent's address or that the parent is
321	323		deceased;
322	324		(C) the name and age of each of the proposed
323	325		ward's siblings, if any, and either the sibling's address or that
324	326		the sibling is deceased;
325	327		(D) the name and age of each of the proposed
326	328		ward's children, if any, and either the child's address or that the
327	329		child is deceased; and
328	330		(E) if there is no living spouse, parent, adult
329	331		sibling, or adult child of the proposed ward, the names and
330	332		addresses of the proposed ward's other living relatives who are
331	333		related to the proposed ward within the third degree by
332	334		consanguinity and who are adults;
333	335		(14) facts showing that the court has venue of the
334	336		proceeding; and
335	337		(15) if applicable, that the person whom the applicant
336	338		seeks to have appointed as a guardian is a private professional
337	339		guardian who is certified under Subchapter C, Chapter 155,
338	340		Government Code, and has complied with the requirements of
339	341		Subchapter G, Chapter 1104.
340	342		SECTION 20. Section 1101.153(a), Estates Code, is amended
341	343		to read as follows:
342	344		(a) A court order appointing a guardian must:
343	345		(1) specify:
344	346		(A) [(1)] the name of the person appointed;
345	347		(B) [(2)] the name of the ward;
346	348		(C) [(3)] whether the guardian is of the person
347	349		or estate of the ward, or both;
348	350		(D) [(4)] the amount of any bond required;
349	351		(E) [(5)] if it is a guardianship of the estate
350	352		of the ward and the court considers an appraisal to be necessary,
351	353		one, two, or three disinterested persons to appraise the estate and
352	354		to return the appraisement to the court; and
353	355		(F) [(6)] that the clerk will issue letters of
354	356		guardianship to the person appointed when the person has qualified
355	357		according to law; and
356	358		(2) if the court waives the guardian's training
357	359		requirement, contain a finding that the waiver is in accordance
358	360		with rules adopted by the supreme court under Section 155.203,
359	361		Government Code.
360	362		SECTION 21. Subchapter A, Chapter 1151, Estates Code, is
361	363		amended by adding Section 1151.005 to read as follows:
362	364		Sec. 1151.005. LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR
363	365		WITNESS. The guardian of the person or of the estate of a ward may
364	366		not be excluded from attending a legal proceeding in which the ward
365	367		is:
366	368		(1) a party; or
367	369		(2) participating as a witness.
368	370		SECTION 22. Section 1251.005, Estates Code, is amended to
369	371		read as follows:
370	372		Sec. 1251.005. CITATION AND NOTICE OF APPLICATION. (a) On
371	373		the filing of an application for temporary guardianship, the court
372	374		clerk shall issue:
373	375		(1) citation [notice] to be served on:
374	376		(A) [(1)] the proposed ward; and
375	377		(B) [(2) the proposed ward's appointed attorney;
376	378		and
377	379		[(3)] the proposed temporary guardian named in the
378	380		application, if that person is not the applicant; and
379	381		(2) notice to be served on the proposed ward's
380	382		appointed attorney.
381	383		(b) The citation or notice issued as provided by Subsection
382	384		(a) must describe:
383	385		(1) the rights of the parties; and
384	386		(2) the date, time, place, purpose, and possible
385	387		consequences of a hearing on the application.
386	388		(b-1) The citation issued as provided by Subsection (a) must
387	389		contain a statement regarding the authority of a person under
388	390		Section 1051.252 who is interested in the estate or welfare of a
389	391		proposed ward or, if a guardianship is created, the ward to file
390	392		with the county clerk a written request to be notified of all, or
391	393		any specified, motions, applications, or pleadings filed with
392	394		respect to the temporary guardianship proceeding by any person or
393	395		by a person specifically designated in the request.
394	396		(c) A copy of the application must be attached to the
395	397		citation or notice.
396	398		SECTION 23. The heading to Section 1251.153, Estates Code,
397	399		is amended to read as follows:
398	400		Sec. 1251.153. DELIVERY OF ESTATE, FILING OF FINAL REPORT,
399	401		AND[;] DISCHARGE OF TEMPORARY GUARDIAN.
400	402		SECTION 24. Section 1251.153, Estates Code, is amended by
401	403		adding Subsection (a-1) and amending Subsection (b) to read as
402	404		follows:
403	405		(a-1) At the expiration of a temporary guardianship of the
404	406		person, the temporary guardian shall file with the court clerk a
405	407		final report that:
406	408		(1) if the ward is living, describes each reason the
407	409		temporary guardianship of the person expired, including a statement
408	410		of facts regarding whether the temporary guardianship expired
409	411		because:
410	412		(A) the ward was found by the court to have full
411	413		capacity, or sufficient capacity with supports and services, to
412	414		care for himself or herself;
413	415		(B) alternatives to guardianship have been
414	416		established to meet the needs of the ward; or
415	417		(C) a permanent guardian appointed by the court
416	418		has qualified to serve as the ward's guardian; or
417	419		(2) if the ward is deceased, includes the date and
418	420		place of death, if known, in the form and manner of the report
419	421		required to be filed by a guardian of the person under Section
420	422		1163.103.
421	423		(b) On proof of delivery under Subsection (a) and approval
422	424		by the court of a final report filed with the court clerk under
423	425		Subsection (a-1), as applicable:
424	426		(1) the temporary guardian shall be discharged; and
425	427		(2) the sureties on the temporary guardian's bond
426	428		shall be released as to future liability.
427	429		SECTION 25. Section 1253.001, Estates Code, is amended to
428	430		read as follows:
429	431		Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO
430	432		FOREIGN JURISDICTION. On application of the guardian or on the
431	433		court's own motion, a [A guardian of the person or estate may apply
432	434		to the] court that has jurisdiction over the guardianship may [to]
433	435		transfer the guardianship to a court in a foreign jurisdiction to
434	436		which the ward has permanently moved.
435	437		SECTION 26. Section 25.0006, Government Code, is amended by
436	438		amending Subsection (a) and adding Subsection (a-5) to read as
437	439		follows:
438	440		(a) Notwithstanding any other law except Subsection (a-4),
439	441		Subsections (a-1), (a-2), [and] (a-3), and (a-5) control over a
440	442		specific provision for a particular court or county that attempts
441	443		to create a requirement for a bond or insurance that conflicts with
442	444		those subsections.
443	445		(a-5) A bond executed under Subsection (a-1) by the judge
444	446		elected or appointed to a statutory county court or an insurance
445	447		policy obtained under Subsection (a-3) shall provide the same
446	448		coverage to a visiting judge assigned to the court or associate
447	449		judge appointed to serve the court as the bond or insurance policy
448	450		provides to the judge elected or appointed to the court.
449	451		SECTION 27. Section 25.00231, Government Code, is amended
450	452		by adding Subsection (f) to read as follows:
451	453		(f) Notwithstanding Subsection (e), a bond executed under
452	454		Subsection (b) by the judge elected or appointed to a statutory
453	455		probate court or an insurance policy obtained under Subsection (c)
454	456		shall provide the same coverage to a visiting judge assigned to the
455	457		court or to an associate judge appointed by the court as the bond or
456	458		insurance policy provides to the judge elected or appointed to the
457	459		court.
458	460		SECTION 28. Section 25.0027, Government Code, is amended to
459	461		read as follows:
460	462		Sec. 25.0027. JURIES; PRACTICE AND PROCEDURE. The drawing
461	463		of jury panels, selection of jurors, and practice in the statutory
462	464		probate courts must conform to that prescribed by law for county
463	465		courts, except that practice, procedure, rules of evidence,
464	466		issuance of process and writs, juries, including the number of
465	467		jurors provided the parties to a proceeding may agree to try a
466	468		particular case with fewer than 12 jurors, and all other matters
467	469		pertaining to the conduct of trials and hearings in the statutory
468	470		probate courts involving those matters of concurrent jurisdiction
469	471		with district courts are governed by the laws and rules pertaining
470	472		to district courts.
471	473		SECTION 29. Section 74.141, Government Code, is amended to
472	474		read as follows:
473	475		Sec. 74.141. DEFENSE OF JUDGES. The attorney general shall
474	476		defend a state district judge, a presiding judge of an
475	477		administrative region, the presiding judge of the statutory probate
476	478		courts, a visiting judge assigned to hear a guardianship or probate
477	479		matter by the presiding judge of the statutory probate courts, or an
478	480		active, retired, or former judge assigned under this chapter in any
479	481		action or suit in any court in which the judge is a defendant
480	482		because of his office or capacity as judge if the judge requests the
481	483		attorney general's assistance in the defense of the suit.
482	484		SECTION 30. Section 81.114, Government Code, is amended by
483	485		amending Subsection (a) and adding Subsection (e) to read as
484	486		follows:
485	487		(a) The state bar shall provide a course of instruction for
486	488		attorneys who represent any person's interests [parties] in
487	489		guardianship cases or who serve as court-appointed guardians.
488	490		(e) The course of instruction described by this section must
489	491		be low-cost and available to persons throughout this state,
490	492		including on the Internet provided through the state bar.
491	493		SECTION 31. Section 155.205(b), Government Code, is amended
492	494		to read as follows:
493	495		(b) The commission shall obtain:
494	496		(1) fingerprint-based criminal history record
495	497		information of a proposed guardian [an applicant] if:
496	498		(A) the liquid assets of the estate of a ward
497	499		exceed $50,000; or
498	500		(B) the proposed guardian is not a resident of
499	501		this state; or
500	502		(2) name-based criminal history record information of
501	503		a proposed guardian, including any criminal history record
502	504		information under the current name and all former names of the
503	505		proposed guardian, [an applicant] if:
504	506		(A) the liquid assets of the estate of a ward are
505	507		$50,000 or less; and
506	508		(B) the proposed guardian is a resident of this
507	509		state.
508	510		SECTION 32. (a) Section 202.054, Estates Code, as amended
509	511		by this Act, applies only to a proceeding to declare heirship
510	512		commenced on or after the effective date of this Act. A proceeding
511	513		to declare heirship commenced before that date is governed by the
512	514		law in effect on the date the proceeding was commenced, and the
513	515		former law is continued in effect for that purpose.
514	516		(b) Section 452.006(c), Estates Code, as added by this Act,
515	517		applies only to a temporary administrator appointed on or after the
516	518		effective date of this Act. A temporary administrator appointed
517	519		before the effective date of this Act is governed by the law in
518	520		effect on the date the administrator was appointed, and the former
519	521		law is continued in effect for that purpose.
520	522		(c) Section 503.002, Estates Code, as amended by this Act,
521	523		applies only to a copy of a testamentary instrument or other
522	524		document filed for recording on or after the effective date of this
523	525		Act. A copy of a testamentary instrument or other document filed
524	526		before the effective date of this Act is governed by the law in
525	527		effect on the date the instrument or document was filed, and the
526	528		former law is continued in effect for that purpose.
527	529		(d) Sections 1101.001 and 1251.005, Estates Code, as
528	530		amended by this Act, apply only to an application for the
529	531		appointment of a guardian or temporary guardian filed on or after
530	532		the effective date of this Act. An application for the appointment
531	533		of a guardian or temporary guardian filed before the effective date
532	534		of this Act is governed by the law in effect on the date the
533	535		application was filed, and the former law is continued in effect for
534	536		that purpose.
535	537		(e) Sections 1054.201 and 1101.153, Estates Code, as
536	538		amended by this Act, and Section 155.205, Government Code, as
537	539		amended by this Act, apply only to a guardianship proceeding
538	540		commenced on or after the effective date of this Act. A
539	541		guardianship proceeding commenced before the effective date of this
540	542		Act is governed by the law applicable to the proceeding immediately
541	543		before the effective date of this Act, and the former law is
542	544		continued in effect for that purpose.
543	545		(f) Sections 1251.153 and 1253.001, Estates Code, as
544	546		amended by this Act, apply to a guardianship created before, on, or
545	547		after the effective date of this Act.
546	548		(g) The changes in law made by this Act to Sections 25.0006
547	549		and 25.00231, Government Code, apply only to an insurance policy
548	550		delivered, issued for delivery, or renewed on or after January 1,
549	551		2022. An insurance policy delivered, issued for delivery, or
550	552		renewed before January 1, 2022, is governed by the law as it existed
551	553		immediately before the effective date of this Act, and that law is
552	554		continued in effect for that purpose.
553	555		(h) Section 74.141, Government Code, as amended by this Act,
554	556		applies to a cause of action filed on or after the effective date of
555	557		this Act. A cause of action filed before the effective date of this
556	558		Act is governed by the law in effect immediately before the
557	559		effective date of this Act, and that law is continued in effect for
558	560		that purpose.
559	561		SECTION 33. This Act takes effect September 1, 2021.
560		-	______________________________ ______________________________
561		-	President of the Senate Speaker of the House
562		-	I hereby certify that S.B. No. 615 passed the Senate on
563		-	April 19, 2021, by the following vote: Yeas 31, Nays 0.
564		-	______________________________
565		-	Secretary of the Senate
566		-	I hereby certify that S.B. No. 615 passed the House on
567		-	May 26, 2021, by the following vote: Yeas 129, Nays 18, two
568		-	present not voting.
569		-	______________________________
570		-	Chief Clerk of the House
571		-	Approved:
572		-	______________________________
573		-	Date
574		-	______________________________
575		-	Governor