S.B. No. 626
AN ACT
relating to guardianships, management trusts, and certain other
procedures and proceedings for persons who are incapacitated,
probate matters and proceedings, and other matters involving
statutory county courts, including statutory probate courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.014(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) In a civil action, including a probate or guardianship
proceeding, filed in a district court, county court, [or] statutory
county court, or statutory probate court, each party or the party's
attorney shall include in its initial pleading:
(1) the last three numbers of the party's driver's
license number, if the party has been issued a driver's license; and
(2) the last three numbers of the party's social
security number, if the party has been issued a social security
number.
SECTION 2. Section 33.101, Estates Code, is amended to read
as follows:
Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
PROPER. If probate proceedings involving the same estate are
commenced in more than one county and the court making a
determination of venue as provided by Section 33.053 determines
that venue is proper in another county, the court clerk shall make
and retain a copy of the entire file in the case and transmit the
original file in electronic or paper form to the court in the county
in which venue is proper. The court to which the file is transmitted
shall conduct the proceeding in the same manner as if the proceeding
had originally been commenced in that county.
SECTION 3. Section 33.102(a), Estates Code, is amended to
read as follows:
(a) If it appears to the court at any time before the final
order in a probate proceeding is rendered that the court does not
have priority of venue over the proceeding, the court shall, on the
application of an interested person, transfer the proceeding to the
proper county by transmitting to the proper court in that county in
electronic or paper form:
(1) the original file in the case; and
(2) certified copies of all entries that have been
made in the judge's probate docket in the proceeding.
SECTION 4. Section 33.103, Estates Code, is amended by
adding Subsection (c) to read as follows:
(c) The transmittal under Subsection (b) of the original
file and the certified copy of the index may be in electronic or
paper form, except that an original will filed in the probate
proceeding, if any, must be delivered to the court to which the
proceeding is transferred.
SECTION 5. Section 51.003(b), Estates Code, is amended to
read as follows:
(b) A citation or notice issued by the county clerk must be
styled "The State of Texas" and be signed by the clerk under the
court's [clerk's] seal.
SECTION 6. Section 202.054, Estates Code, is amended to
read as follows:
Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE REQUIRED.
(a) The court may require that service of citation in a proceeding
to declare heirship be made by personal service on some or all of
those named as distributees in the application filed under Section
202.005.
(b) If a distributee to be cited under Subsection (a) is
absent from or is not a resident of this state, any disinterested
person competent to make an oath that the citation was served may
serve the citation.
SECTION 7. Section 351.351, Estates Code, is amended to
read as follows:
Sec. 351.351. APPLICABILITY. This subchapter does not
apply to:
(1) the appointment of an independent executor or
administrator under Section 401.002 or 401.003(a); or
(2) the appointment of a successor independent
administrator [executor] under Section 404.005.
SECTION 8. Section 404.0036(b), Estates Code, is amended to
read as follows:
(b) If an independent executor is removed by the court under
Section 404.003 or 404.0035, the court may, on application, appoint
a successor independent administrator [executor] as provided by
Section 404.005.
SECTION 9. The heading to Section 404.005, Estates Code, is
amended to read as follows:
Sec. 404.005. COURT-APPOINTED SUCCESSOR INDEPENDENT
ADMINISTRATOR [EXECUTOR].
SECTION 10. Sections 404.005(a), (b), (c), (h), and (i),
Estates Code, are amended to read as follows:
(a) If the will of a person who dies testate names an
independent executor who, having qualified, fails for any reason to
continue to serve, or is removed for cause by the court, and the
will does not name a successor independent executor or if each
successor executor named in the will fails for any reason to qualify
as executor or indicates by affidavit filed with the application
for an order continuing independent administration the successor
executor's inability or unwillingness to serve as successor
independent executor, all of the distributees of the decedent as of
the filing of the application for an order continuing independent
administration may apply to the probate court for the appointment
of a qualified person, firm, or corporation to serve as successor
independent administrator [executor]. If the probate court finds
that continued administration of the estate is necessary, the court
shall enter an order continuing independent administration and
appointing the person, firm, or corporation designated in the
application as successor independent administrator [executor],
unless the probate court finds that it would not be in the best
interest of the estate to do so. The successor independent
administrator [executor] shall serve with all of the powers and
privileges granted to the successor's predecessor independent
executor.
(b) Except as otherwise provided by this subsection, if a
distributee described in this section is an incapacitated person,
the guardian of the person of the distributee may sign the
application on behalf of the distributee. If the probate court
finds that either the continuing of independent administration or
the appointment of the person, firm, or corporation designated in
the application as successor independent administrator [executor]
would not be in the best interest of the incapacitated person, then,
notwithstanding Subsection (a), the court may not enter an order
continuing independent administration of the estate. If the
distributee is an incapacitated person and has no guardian of the
person, the court may appoint a guardian ad litem to make
application on behalf of the incapacitated person if the probate
court considers such an appointment necessary to protect the
interest of that distributee. If a distributee described in this
section is a minor and has no guardian of the person, a natural
guardian of the minor may sign the application for the order
continuing independent administration on the minor's behalf unless
a conflict of interest exists between the minor and the natural
guardian.
(c) Except as otherwise provided by this subsection, if a
trust is created in the decedent's will or if the decedent's will
devises property to a trustee as described by Section 254.001, the
person or class of persons entitled to receive property outright
from the trust on the decedent's death and those first eligible to
receive the income from the trust, determined as if the trust were
to be in existence on the date of the filing of the application for
an order continuing independent administration, shall, for the
purposes of this section, be considered to be the distributee or
distributees on behalf of the trust, and any other trust or trusts
coming into existence on the termination of the trust, and are
authorized to apply for an order continuing independent
administration on behalf of the trust without the consent or
agreement of the trustee or any other beneficiary of the trust, or
the trustee or any beneficiary of any other trust which may come
into existence on the termination of the trust. If a person
considered to be a distributee under this subsection is an
incapacitated person, the trustee or cotrustee may apply for the
order continuing independent administration or sign the
application on the incapacitated person's behalf if the trustee or
cotrustee is not the person proposed to serve as the independent
administrator [executor].
(h) If a successor independent administrator [executor] is
appointed under this section, then, unless the probate court shall
waive bond on application for waiver, the successor independent
administrator [executor] shall be required to enter into bond
payable to and to be approved by the judge and the judge's
successors in a sum that is found by the judge to be adequate under
all circumstances, or a bond with one surety in an amount that is
found by the judge to be adequate under all circumstances, if the
surety is an authorized corporate surety.
(i) Absent proof of fraud or collusion on the part of a
judge, the judge may not be held civilly liable for the commission
of misdeeds or the omission of any required act of any person, firm,
or corporation designated as a successor independent administrator
[executor] under this section. Section 351.354 does not apply to an
appointment of a successor independent administrator [executor]
under this section.
SECTION 11. Section 452.006, Estates Code, is amended by
adding Subsection (c) to read as follows:
(c) The appointee shall file with the court proof of service
of the notice required under Subsection (a) in the manner provided
by Section 51.103(b)(3).
SECTION 12. Section 503.002, Estates Code, is amended to
read as follows:
Sec. 503.002. RECORDING OF CERTAIN FOREIGN TESTAMENTARY
INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH [ORIGINAL SIGNATURES NOT
REQUIRED]. (a) An authenticated copy of a will or other
testamentary instrument described by Section 503.001(a), along
with a copy of the judgment, order, or decree by which the
instrument was admitted to probate that has the attestation and
certificate required by Section 501.002(c), that is written in
whole or in part in a language other than English may be filed for
recording in the deed records in any county in this state in which
the land conveyed or disposed of in the instrument is located if:
(1) a correct English translation is recorded with the
authenticated copies of the will or other testamentary instrument
and judgment, order, or decree by which the instrument was admitted
to probate; and
(2) the accuracy of the translation is sworn to before
an officer authorized to administer oaths [Notwithstanding Section
501.002(c), the original signatures required by that section may
not be required for a recordation in the deed records in accordance
with Section 503.001 or for a purpose described by Section 503.051
or 503.052].
(b) The recording of an authenticated copy of a will or
other testamentary instrument and a copy of the judgment, order, or
decree in the manner provided by Subsection (a) operates as
constructive notice from the date of filing to all persons of the:
(1) existence of the instrument; and
(2) title or titles conferred by the instrument.
SECTION 13. Section 1021.001, Estates Code, is amended to
read as follows:
Sec. 1021.001. MATTERS RELATED TO GUARDIANSHIP PROCEEDING.
(a) For purposes of this code, in a county in which there is no
statutory probate court or county court at law exercising original
probate jurisdiction, a matter related to a guardianship proceeding
includes:
(1) the granting of letters of guardianship;
(2) the settling of an account of a guardian and all
other matters relating to the settlement, partition, or
distribution of a ward's estate;
(3) a claim brought by or against a guardianship
estate;
(4) an action for trial of title to real property that
is guardianship estate property, including the enforcement of a
lien against the property;
(5) an action for trial of the right of property that
is guardianship estate property;
(6) after a guardianship of the estate of a ward is
required to be settled as provided by Section 1204.001:
(A) an action brought by or on behalf of the
former ward against a former guardian of the ward for alleged
misconduct arising from the performance of the person's duties as
guardian;
(B) an action calling on the surety of a guardian
or former guardian to perform in place of the guardian or former
guardian, which may include the award of a judgment against the
guardian or former guardian in favor of the surety;
(C) an action against a former guardian of the
former ward that is brought by a surety that is called on to perform
in place of the former guardian;
(D) a claim for the payment of compensation,
expenses, and court costs, and any other matter authorized under
Chapter 1155; and
(E) a matter related to an authorization made or
duty performed by a guardian under Chapter 1204; and
(7) the appointment of a trustee for a trust created
under Section 1301.053 or 1301.054, the settling of an account of
the trustee, and all other matters relating to the trust.
(a-1) For purposes of this code, in a county in which there
is no statutory probate court, but in which there is a county court
at law exercising original probate jurisdiction, a matter related
to a guardianship proceeding includes:
(1) all matters and actions described in Subsection
(a);
(2) the interpretation and administration of a
testamentary trust in which a ward is an income or remainder
beneficiary; and
(3) the interpretation and administration of an inter
vivos trust in which a ward is an income or remainder beneficiary.
(b) For purposes of this code, in a county in which there is
a statutory probate court, a matter related to a guardianship
proceeding includes:
(1) all matters and actions described in Subsections
[Subsection] (a) and (a-1);
(2) a suit, action, or application filed against or on
behalf of a guardianship or a trustee of a trust created under
Section 1301.053 or 1301.054; and
(3) a cause of action in which a guardian in a
guardianship pending in the statutory probate court is a party.
SECTION 14. Section 1023.006, Estates Code, is amended to
read as follows:
Sec. 1023.006. TRANSFER OF RECORD. When an order of
transfer is made under Section 1023.005, the clerk shall record any
unrecorded papers of the guardianship required to be recorded. On
payment of the clerk's fee, the clerk shall transmit in electronic
or paper form to the county clerk of the county to which the
guardianship was ordered transferred:
(1) the case file of the guardianship proceedings; and
(2) a certified copy of the index of the guardianship
records.
SECTION 15. Section 1023.007, Estates Code, is amended to
read as follows:
Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring
a guardianship does not take effect until:
(1) the case file and a certified copy of the index
required by Section 1023.006 are filed in electronic or paper form
in the office of the county clerk of the county to which the
guardianship was ordered transferred; and
(2) a certificate under the clerk's official seal and
reporting the filing of the case file and a certified copy of the
index is filed in electronic or paper form in the court ordering the
transfer by the county clerk of the county to which the guardianship
was ordered transferred.
SECTION 16. Section 1051.003(b), Estates Code, is amended
to read as follows:
(b) A citation or notice issued by the county clerk must be
styled "The State of Texas" and be signed by the clerk under the
court's [clerk's] seal.
SECTION 17. Section 1052.052(b), Estates Code, is amended
to read as follows:
(b) Each case file must contain each order, judgment, and
proceeding of the court and any other guardianship filing with the
court, including each:
(1) application for the granting of guardianship;
(2) citation and notice, whether published or posted,
including the return on the citation or notice;
(3) bond and official oath or declaration;
(4) inventory, appraisement, and list of claims;
(5) exhibit and account;
(6) report of renting;
(7) application for sale or partition of real estate;
(8) report of sale;
(9) application for authority to execute a lease for
mineral development, or for pooling or unitization of lands,
royalty, or other interest in minerals, or to lend or invest money;
(10) report of lending or investing money; and
(11) report of guardians of the persons.
SECTION 18. The heading to Chapter 1054, Estates Code, is
amended to read as follows:
CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND
ATTORNEYS
SECTION 19. The heading to Subchapter E, Chapter 1054,
Estates Code, is amended to read as follows:
SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED]
ATTORNEY
SECTION 20. Section 1054.201, Estates Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (c), an [An] attorney
representing any person's interests [for an applicant for
guardianship and a court-appointed attorney] in a guardianship
proceeding, including an attorney ad litem, must be certified by
the State Bar of Texas, or a person or other entity designated by
the state bar, as having successfully completed a course of study in
guardianship law and procedure sponsored by the state bar or the
state bar's designee.
(c) An attorney may commence representation of a person's
interests and file an appearance in a guardianship proceeding
before completing the course required for certification under
Subsection (a), but must complete the course not later than the 14th
day after the date of filing the appearance and before filing any
substantive motion in the guardianship proceeding.
SECTION 21. Section 1101.001(b), Estates Code, is amended
to read as follows:
(b) The application must be sworn to by the applicant and
state:
(1) the proposed ward's name, sex, date of birth, and
address;
(2) the name, former name, if any, relationship, and
address of the person the applicant seeks to have appointed as
guardian;
(3) whether guardianship of the person or estate, or
both, is sought;
(3-a) whether alternatives to guardianship and
available supports and services to avoid guardianship were
considered;
(3-b) whether any alternatives to guardianship and
supports and services available to the proposed ward considered are
feasible and would avoid the need for a guardianship;
(4) the nature and degree of the alleged incapacity,
the specific areas of protection and assistance requested, and the
limitation or termination of rights requested to be included in the
court's order of appointment, including a termination of:
(A) the right of a proposed ward who is 18 years
of age or older to vote in a public election;
(B) the proposed ward's eligibility to hold or
obtain a license to operate a motor vehicle under Chapter 521,
Transportation Code; and
(C) the right of a proposed ward to make personal
decisions regarding residence;
(5) the facts requiring the appointment of a guardian;
(6) the interest of the applicant in the appointment
of a guardian;
(7) the nature and description of any kind of
guardianship existing for the proposed ward in any other state;
(8) the name and address of any person or institution
having the care and custody of the proposed ward;
(9) the approximate value and a detailed description
of the proposed ward's property, including:
(A) liquid assets, including any compensation,
pension, insurance, or allowance to which the proposed ward may be
entitled; and
(B) non-liquid assets, including real property;
(10) the name and address of any person whom the
applicant knows to hold a power of attorney signed by the proposed
ward and a description of the type of power of attorney;
(11) for a proposed ward who is a minor, the following
information if known by the applicant:
(A) the name of each of the proposed ward's
parents and either the parent's address or that the parent is
deceased;
(B) the name and age of each of the proposed
ward's siblings, if any, and either the sibling's address or that
the sibling is deceased; and
(C) if each of the proposed ward's parents and
adult siblings are deceased, the names and addresses of the
proposed ward's other living relatives who are related to the
proposed ward within the third degree by consanguinity and who are
adults;
(12) for a proposed ward who is a minor, whether the
minor was the subject of a legal or conservatorship proceeding in
the preceding two years and, if so:
(A) the court involved;
(B) the nature of the proceeding; and
(C) any final disposition of the proceeding;
(13) for a proposed ward who is an adult, the following
information if known by the applicant:
(A) the name of the proposed ward's spouse, if
any, and either the spouse's address or that the spouse is deceased;
(B) the name of each of the proposed ward's
parents and either the parent's address or that the parent is
deceased;
(C) the name and age of each of the proposed
ward's siblings, if any, and either the sibling's address or that
the sibling is deceased;
(D) the name and age of each of the proposed
ward's children, if any, and either the child's address or that the
child is deceased; and
(E) if there is no living spouse, parent, adult
sibling, or adult child of the proposed ward, the names and
addresses of the proposed ward's other living relatives who are
related to the proposed ward within the third degree by
consanguinity and who are adults;
(14) facts showing that the court has venue of the
proceeding; and
(15) if applicable, that the person whom the applicant
seeks to have appointed as a guardian is a private professional
guardian who is certified under Subchapter C, Chapter 155,
Government Code, and has complied with the requirements of
Subchapter G, Chapter 1104.
SECTION 22. Section 1101.153(a), Estates Code, is amended
to read as follows:
(a) A court order appointing a guardian must:
(1) specify:
(A) [(1)] the name of the person appointed;
(B) [(2)] the name of the ward;
(C) [(3)] whether the guardian is of the person
or estate of the ward, or both;
(D) [(4)] the amount of any bond required;
(E) [(5)] if it is a guardianship of the estate
of the ward and the court considers an appraisal to be necessary,
one, two, or three disinterested persons to appraise the estate and
to return the appraisement to the court; and
(F) [(6)] that the clerk will issue letters of
guardianship to the person appointed when the person has qualified
according to law; and
(2) if the court waives the guardian's training
requirement, contain a finding that the waiver is in accordance
with rules adopted by the supreme court under Section 155.203,
Government Code.
SECTION 23. Section 1103.003, Estates Code, is amended to
read as follows:
Sec. 1103.003. EFFECTIVE DATE OF GUARDIANSHIP. If the
application filed under Section 1103.001 is heard before the
proposed ward's 18th birthday, a guardianship created under this
chapter may not take effect and the person appointed guardian may
not take the oath or make the declaration as required under Section
1105.051 or give a bond as required under Section 1105.101 until the
proposed ward's 18th birthday.
SECTION 24. Section 1105.001, Estates Code, is amended by
adding Subdivision (1-a) and amending Subdivision (2) to read as
follows:
(1-a) "Declaration" means a declaration taken by a
person appointed to serve as a guardian to qualify to serve.
(2) "Oath" means an oath [required by this chapter to
be] taken by a person appointed to serve as a guardian to qualify to
serve.
SECTION 25. Section 1105.002, Estates Code, is amended to
read as follows:
Sec. 1105.002. MANNER OF QUALIFICATION OF GUARDIAN.
(a) Except as provided by Subsection (b), a guardian is considered
to have qualified when the guardian has:
(1) taken and filed the oath, or made and filed the
declaration, required under Section 1105.051;
(2) given the required bond;
(3) filed the bond with the clerk; and
(4) obtained the judge's approval of the bond.
(b) A guardian who is not required to give a bond is
considered to have qualified when the guardian has taken and filed
the [required] oath, or made and filed the declaration, as required
under Section 1105.051.
SECTION 26. Section 1105.003, Estates Code, is amended to
read as follows:
Sec. 1105.003. PERIOD FOR TAKING OATH OR MAKING DECLARATION
AND GIVING BOND. (a) Except as provided by Section 1103.003, an
oath may be taken and subscribed or a declaration may be made, and a
bond may be given and approved, at any time before:
(1) the 21st day after the date of the order granting
letters of guardianship; or
(2) the letters of guardianship are revoked for a
failure to qualify within the period allowed.
(b) A guardian of an estate must give a bond before being
issued letters of guardianship unless a bond is not required under
this title.
SECTION 27. The heading to Subchapter B, Chapter 1105,
Estates Code, is amended to read as follows:
SUBCHAPTER B. OATHS AND DECLARATIONS
SECTION 28. Section 1105.051, Estates Code, is amended to
read as follows:
Sec. 1105.051. OATH OR DECLARATION OF GUARDIAN. (a) A
guardian shall:
(1) take an oath to discharge faithfully the duties of
guardian for the person or estate, or both, of a ward; or
(2) make a declaration as prescribed by Subsection
(d).
(b) If the Health and Human [Department of Aging and
Disability] Services Commission is appointed guardian, a
commission [department] representative shall take the oath or make
the declaration required by Subsection (a).
(c) An oath taken by a person named as guardian or temporary
guardian, as applicable, must be substantially as follows:
I, __________ (insert person's name), do solemnly swear that
I will discharge faithfully the duties of guardian of __________
(insert "the person," "the estate," or "the person and estate") of
__________ (insert ward's name), an incapacitated person,
according to law.
(d) A declaration made by a person named as guardian or
temporary guardian, as applicable, must be substantially as
follows:
My name is _______ (insert person's name), my date of birth is
__________ (insert person's date of birth), and my address is
__________ (insert person's address, including country). I declare
under penalty of perjury that the information in this declaration
is true and correct. I solemnly declare that I will discharge
faithfully the duties of __________ (insert "guardian" or
"temporary guardian," as applicable) of __________ (insert "the
person," "the estate," or "the person and estate") of __________
(insert ward's name), an incapacitated person, according to law.
Signed on __________ (insert date of signing).
SECTION 29. Section 1105.052, Estates Code, is amended to
read as follows:
Sec. 1105.052. ADMINISTRATION OF OATH OR MAKING OF
DECLARATION. The [An] oath prescribed by Section 1105.051 may be
taken before any person authorized to administer oaths under the
laws of this state. The declaration prescribed by Section 1105.051
must be signed by the declarant.
SECTION 30. Section 1105.103(f), Estates Code, is amended
to read as follows:
(f) If the guardian fails to give the bond required under
Subsection (d) and the judge has not extended the period for giving
the bond, the judge, without citation, shall remove the guardian
and appoint a competent person as guardian, who shall:
(1) administer the guardianship according to the
provisions of a will or law;
(2) take the oath or make the declaration required of a
guardian under Section 1105.051 before the person enters on the
administration of the guardianship; and
(3) give bond in the same manner and in the same amount
provided by this title for the issuance of original letters of
guardianship.
SECTION 31. Subchapter A, Chapter 1151, Estates Code, is
amended by adding Section 1151.005 to read as follows:
Sec. 1151.005. LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR
WITNESS. The guardian of the person or of the estate of a ward may
not be excluded from attending a legal proceeding in which the ward
is:
(1) a party; or
(2) participating as a witness.
SECTION 32. Section 1151.351(b), Estates Code, is amended
to read as follows:
(b) Unless limited by a court or otherwise restricted by
law, a ward is authorized to the following:
(1) to have a copy of the guardianship order and
letters of guardianship and contact information for the probate
court that issued the order and letters;
(2) to have a guardianship that encourages the
development or maintenance of maximum self-reliance and
independence in the ward with the eventual goal, if possible, of
self-sufficiency;
(3) to be treated with respect, consideration, and
recognition of the ward's dignity and individuality;
(4) to reside and receive support services in the most
integrated setting, including home-based or other community-based
settings, as required by Title II of the Americans with
Disabilities Act (42 U.S.C. Section 12131 et seq.);
(5) to consideration of the ward's current and
previously stated personal preferences, desires, medical and
psychiatric treatment preferences, religious beliefs, living
arrangements, and other preferences and opinions;
(6) to financial self-determination for all public
benefits after essential living expenses and health needs are met
and to have access to a monthly personal allowance;
(7) to receive timely and appropriate health care and
medical treatment that does not violate the ward's rights granted
by the constitution and laws of this state and the United States;
(8) to exercise full control of all aspects of life not
specifically granted by the court to the guardian;
(9) to control the ward's personal environment based
on the ward's preferences;
(10) to complain or raise concerns regarding the
guardian or guardianship to the court, including living
arrangements, retaliation by the guardian, conflicts of interest
between the guardian and service providers, or a violation of any
rights under this section;
(11) to receive notice in the ward's native language,
or preferred mode of communication, and in a manner accessible to
the ward, of a court proceeding to continue, modify, or terminate
the guardianship and the opportunity to appear before the court to
express the ward's preferences and concerns regarding whether the
guardianship should be continued, modified, or terminated;
(12) to have a court investigator or[,] guardian ad
litem[, or attorney ad litem] appointed by the court to investigate
a complaint received by the court from the ward or any person about
the guardianship;
(13) to participate in social, religious, and
recreational activities, training, employment, education,
habilitation, and rehabilitation of the ward's choice in the most
integrated setting;
(14) to self-determination in the substantial
maintenance, disposition, and management of real and personal
property after essential living expenses and health needs are met,
including the right to receive notice and object about the
substantial maintenance, disposition, or management of clothing,
furniture, vehicles, and other personal effects;
(15) to personal privacy and confidentiality in
personal matters, subject to state and federal law;
(16) to unimpeded, private, and uncensored
communication and visitation with persons of the ward's choice,
except that if the guardian determines that certain communication
or visitation causes substantial harm to the ward:
(A) the guardian may limit, supervise, or
restrict communication or visitation, but only to the extent
necessary to protect the ward from substantial harm; and
(B) the ward may request a hearing to remove any
restrictions on communication or visitation imposed by the guardian
under Paragraph (A);
(17) to petition the court and retain counsel of the
ward's choice who holds a certificate required by Subchapter E,
Chapter 1054, to represent the ward's interest for capacity
restoration, modification of the guardianship, the appointment of a
different guardian, or for other appropriate relief under this
subchapter, including a transition to a supported decision-making
agreement, except as limited by Section 1054.006;
(18) to vote in a public election, marry, and retain a
license to operate a motor vehicle, unless restricted by the court;
(19) to personal visits from the guardian or the
guardian's designee at least once every three months, but more
often, if necessary, unless the court orders otherwise;
(20) to be informed of the name, address, phone
number, and purpose of Disability Rights Texas, an organization
whose mission is to protect the rights of, and advocate for, persons
with disabilities, and to communicate and meet with representatives
of that organization;
(21) to be informed of the name, address, phone
number, and purpose of an independent living center, an area agency
on aging, an aging and disability resource center, and the local
mental health and intellectual and developmental disability
center, and to communicate and meet with representatives from these
agencies and organizations;
(22) to be informed of the name, address, phone
number, and purpose of the Judicial Branch Certification Commission
and the procedure for filing a complaint against a certified
guardian;
(23) to contact the Department of Family and
Protective Services to report abuse, neglect, exploitation, or
violation of personal rights without fear of punishment,
interference, coercion, or retaliation;
(24) to have the guardian, on appointment and on
annual renewal of the guardianship, explain the rights delineated
in this subsection in the ward's native language, or preferred mode
of communication, and in a manner accessible to the ward; and
(25) to make decisions related to sexual assault
crisis services, including consenting to a forensic medical
examination and treatment, authorizing the collection of forensic
evidence, consenting to the release of evidence contained in an
evidence collection kit and disclosure of related confidential
information, and receiving counseling and other support services.
SECTION 33. Sections 1153.001(a) and (c), Estates Code, are
amended to read as follows:
(a) Within one month after receiving letters of
guardianship, a guardian of an estate shall provide notice
requiring each person who has a claim against the estate to present
the claim within the period prescribed by law. The notice must be:
(1) published in a newspaper of general circulation
[printed] in the county in which the letters were issued; and
(2) sent to the comptroller by certified or registered
mail, if the ward remitted or should have remitted taxes
administered by the comptroller.
(c) If there is no [a] newspaper of general circulation [is
not printed] in the county in which the letters of guardianship were
issued, the notice must be posted and the return made and filed as
otherwise required by this title.
SECTION 34. Section 1155.054(d), Estates Code, is amended
to read as follows:
(d) If the court finds that a party in a guardianship
proceeding acted in bad faith or without just cause in prosecuting
or objecting to an application in the proceeding, the court may
order [require] the party to reimburse the ward's estate for all or
part of the attorney's fees awarded under this section and shall
issue judgment against the party and in favor of the estate for the
amount of attorney's fees ordered [required] to be reimbursed to
the estate.
SECTION 35. Section 1158.105(a), Estates Code, is amended
to read as follows:
(a) A successful bid or contract for the sale of estate
personal property shall be reported to the court. The laws
regulating the approval [confirmation] or disapproval of a sale of
real estate apply to the sale [of personal property], except that a
conveyance is not required.
SECTION 36. The heading to Subchapter I, Chapter 1158,
Estates Code, is amended to read as follows:
SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC AUCTION [SALE]
SECTION 37. Section 1158.401(a), Estates Code, is amended
to read as follows:
(a) A public sale of real estate of an estate shall be made
at public auction. Except as otherwise provided by Section
1158.403(c) [this title], the guardian of the estate shall
advertise a public auction [sale] of real estate of the estate by a
notice published in the county in which the estate is pending, as
provided by this title for publication of notices or citations. The
notice must [include a reference to]:
(1) include a reference to the order of sale;
(2) include the time, place, and required terms of
sale; and
(3) briefly describe [a brief description of] the real
estate to be sold.
SECTION 38. Section 1158.402, Estates Code, is amended to
read as follows:
Sec. 1158.402. COMPLETION [METHOD] OF AUCTION [SALE]. A
public auction [sale] of real estate of an estate shall be completed
on the bid of [made at public auction to] the highest bidder.
SECTION 39. Section 1158.403, Estates Code, is amended to
read as follows:
Sec. 1158.403. TIME AND PLACE OF AUCTION [SALE]. (a)
Except as provided by Subsection (c), a public auction [sale] of
real estate of an estate shall be held [made] at:
(1) the courthouse door in the county in which the real
estate is located, or if the real estate is located in more than one
county, the courthouse door in any county in which the real estate
is located [guardianship proceedings are pending]; or
(2) another place in a [that] county described by
Subdivision (1) at which auctions [sales] of real estate are
specifically authorized to be held as designated by the
commissioners court of the county under Section 51.002(a), Property
Code [made].
(b) Except as otherwise provided by this subsection, the
auction [The sale] must occur between 10 a.m. and 4 p.m. on the
first Tuesday of the month after publication of notice has been
completed. If the first Tuesday of the month occurs on January 1 or
July 4, the auction must occur between 10 a.m. and 4 p.m. on the
first Wednesday of the month.
(c) If the court considers it advisable, the court may order
the auction [sale] to be held [made] in the county in which the
proceedings are pending [real estate is located], in which event
notice shall be published both in that county and in the county in
which the real estate is located [proceedings are pending].
SECTION 40. Section 1158.404, Estates Code, is amended to
read as follows:
Sec. 1158.404. CONTINUANCE OF AUCTION [SALE]. (a) A public
auction [sale] of real estate of an estate that is not completed on
the day advertised may be continued from day to day by an oral
public announcement of the continuance made at the conclusion of
the auction [sale] each day.
(b) A continued auction [sale] must occur within the hours
prescribed by Section 1158.403(b).
(c) The continuance of an auction [a sale] under this
section shall be shown in the report [of the sale] made to the court
under Section 1158.551.
SECTION 41. Section 1158.405, Estates Code, is amended to
read as follows:
Sec. 1158.405. FAILURE OF BIDDER TO COMPLY. (a) If a
person who successfully bids on real estate of the guardianship
estate offered [for sale] at public auction fails to comply with the
terms of the bid [sale], the property [real estate] shall be
readvertised and auctioned [sold] without any further order.
(b) The person defaulting on a bid as described by
Subsection (a) is liable for payment to the guardian of the estate,
for the estate's benefit, of:
(1) 10 percent of the amount of the bid; and
(2) the amount of any deficiency in price on the second
auction [sale].
(c) The guardian shall recover the amounts under Subsection
(b) by suit in any court in the county in which the auction [sale]
was held [made] that has jurisdiction over the amount claimed.
SECTION 42. The heading to Subchapter J, Chapter 1158,
Estates Code, is amended to read as follows:
SUBCHAPTER J. SALE OF REAL ESTATE: CONTRACT FOR PRIVATE SALE
SECTION 43. Section 1158.451, Estates Code, is amended to
read as follows:
Sec. 1158.451. TERMS [MANNER] OF SALE. The guardian of the
estate may enter into a contract for the [A] private sale of real
estate of the estate [shall be] made in the manner the court directs
in the order of sale. Unless the court directs otherwise,
additional advertising, notice, or citation concerning the sale is
not required.
SECTION 44. Section 1158.502, Estates Code, is amended to
read as follows:
Sec. 1158.502. PROCEDURE. The procedure for the sale of an
easement or right-of-way authorized under Section 1158.501 is the
same as the procedure provided by law for a private sale of real
property of a ward by contract [at private sale].
SECTION 45. The heading to Subchapter L, Chapter 1158,
Estates Code, is amended to read as follows:
SUBCHAPTER L. APPROVAL [CONFIRMATION] OF SALE OF REAL PROPERTY AND
TRANSFER OF TITLE
SECTION 46. Section 1158.551, Estates Code, is amended to
read as follows:
Sec. 1158.551. REPORT. A successful bid or private
contract for the sale of estate real property shall be reported to
the court ordering the sale not later than the 30th day after the
date the bid [sale] is made or the property is placed under
contract. The report must:
(1) be in writing, sworn to, and filed with the clerk;
(2) include:
(A) the date of the order of sale;
(B) a description of the property being sold;
(C) the time and place of the auction or date the
property is placed under contract [sale];
(D) the purchaser's name;
(E) the amount of the successful bid or the
purchase price for [which] each parcel of property or interest in
the parcel of property auctioned or placed under contract [was
sold];
(F) the terms of the sale;
(G) whether the proposed sale of the property was
made at public auction or by contract [privately]; and
(H) whether the purchaser is ready to comply with
the order of sale; and
(3) be noted on the guardianship docket.
SECTION 47. Section 1158.552, Estates Code, is amended to
read as follows:
Sec. 1158.552. ACTION OF COURT ON REPORT [OF SALE]. After
the expiration of five days from the date a report [of sale] is
filed under Section 1158.551, the court shall:
(1) consider [inquire into] the manner in which the
auction described in the report was held or the contract described
in the report [sale] was entered into [made];
(2) consider [hear] evidence in support of or against
the report; and
(3) determine the sufficiency or insufficiency of the
guardian's general bond, if any has been required and given.
SECTION 48. Section 1158.553, Estates Code, is amended to
read as follows:
Sec. 1158.553. APPROVAL [CONFIRMATION] OF SALE WHEN BOND
NOT REQUIRED. If the guardian of the estate of a ward is not
required by Subtitle D to give a general bond, the court may approve
[confirm] the sale of estate real property in the manner provided by
Section 1158.556(a) if the court finds that the sale is
satisfactory and made in accordance with law.
SECTION 49. Sections 1158.554(a), (b), and (c), Estates
Code, are amended to read as follows:
(a) If the guardian of an estate is required by Subtitle D to
give a general bond, before the court approves [confirms] any sale
of real estate, the court shall determine whether the bond is
sufficient to protect the estate after the sale proceeds are
received.
(b) If the court finds that the general bond is sufficient,
the court may approve [confirm] the sale as provided by Section
1158.556(a).
(c) If the court finds that the general bond is
insufficient, the court may not approve [confirm] the sale until
the general bond is increased to the amount required by the court,
or an additional bond is given, and approved by the court.
SECTION 50. Section 1158.556, Estates Code, is amended to
read as follows:
Sec. 1158.556. APPROVAL [CONFIRMATION] OR DISAPPROVAL
ORDER. (a) If the court is satisfied that the proposed sale of real
property [a sale] reported under Section 1158.551 is [was] for a
fair price, [was] properly made, and [was] in conformity with law,
and the court has approved any increased or additional bond that the
court found necessary to protect the estate, the court shall enter
an order:
(1) approving [confirming] the sale;
(2) showing conformity with [the provisions of] this
chapter [relating to the sale];
(3) detailing the terms of the sale; and
(4) authorizing the guardian of the estate to convey
the property on the purchaser's compliance with the terms of the
sale.
(b) If the court is not satisfied that the proposed sale of
real property is [was] for a fair price, [was] properly made, and
[was] in conformity with law, the court shall enter [issue] an order
setting aside the bid or contract [sale] and ordering a new sale to
be made, if necessary.
(c) The court's action in approving [confirming] or
disapproving a report under Section 1158.551 [of a sale] has the
effect of a final judgment. Any person interested in the
guardianship estate or in the sale is entitled to have an order
entered under this section reviewed as in other final judgments in
probate proceedings.
SECTION 51. Section 1158.557, Estates Code, is amended to
read as follows:
Sec. 1158.557. DEED. Real estate of an estate that is sold
shall be conveyed by a proper deed that refers to and identifies the
court order approving [confirming] the sale. The deed:
(1) vests in the purchaser all right and title of the
estate to, and all interest of the estate in, the property; and
(2) is prima facie evidence that the sale has met all
applicable requirements of the law.
SECTION 52. Section 1158.558(a), Estates Code, is amended
to read as follows:
(a) After the court has approved [confirmed] a sale and the
[one] purchaser has complied with the terms of the sale, the
guardian of the estate shall promptly execute and deliver to the
purchaser a proper deed conveying the property.
SECTION 53. Section 1163.005(a), Estates Code, is amended
to read as follows:
(a) The guardian of the estate shall attach to an account
the guardian's affidavit stating:
(1) that the account contains a correct and complete
statement of the matters to which the account relates;
(2) that the guardian has paid the bond premium for the
next accounting period;
(3) that the guardian has filed all tax returns of the
ward due during the accounting period;
(4) that the guardian has paid all taxes the ward owed
during the accounting period, the amount of the taxes, the date the
guardian paid the taxes, and the name of the governmental entity to
which the guardian paid the taxes; and
(5) if the guardian is a private professional
guardian, a guardianship program, or the Health and Human Services
Commission [Department of Aging and Disability Services], whether
the guardian or an individual certified under Subchapter C, Chapter
155 [111], Government Code, who is providing guardianship services
to the ward and who is swearing to the account on the guardian's
behalf, is or has been the subject of an investigation conducted by
the Judicial Branch [Guardianship] Certification Commission
[Board] during the accounting period.
SECTION 54. Section 1163.101(c), Estates Code, is amended
to read as follows:
(c) The guardian of the person shall file a sworn affidavit
that contains:
(1) the guardian's current name, address, and
telephone number;
(2) the ward's date of birth and current name, address,
telephone number, and age;
(3) a description of the type of home in which the ward
resides, which shall be described as:
(A) the ward's own home;
(B) a nursing home;
(C) a guardian's home;
(D) a foster home;
(E) a boarding home;
(F) a relative's home, in which case the
description must specify the relative's relationship to the ward;
(G) a hospital or medical facility; or
(H) another type of residence;
(4) statements indicating:
(A) the length of time the ward has resided in the
present home;
(B) the reason for a change in the ward's
residence, if a change in the ward's residence has occurred in the
past year;
(C) the date the guardian most recently saw the
ward;
(D) how frequently the guardian has seen the ward
in the past year;
(E) whether the guardian has possession or
control of the ward's estate;
(F) whether the ward's mental health has
improved, deteriorated, or remained unchanged during the past year,
including a description of the change if a change has occurred;
(G) whether the ward's physical health has
improved, deteriorated, or remained unchanged during the past year,
including a description of the change if a change has occurred;
(H) whether the ward has regular medical care;
and
(I) the ward's treatment or evaluation by any of
the following persons during the past year, including the person's
name and a description of the treatment:
(i) a physician;
(ii) a psychiatrist, psychologist, or other
mental health care provider;
(iii) a dentist;
(iv) a social or other caseworker; or
(v) any other individual who provided
treatment;
(5) a description of the ward's activities during the
past year, including recreational, educational, social, and
occupational activities, or a statement that no activities were
available or that the ward was unable or refused to participate in
activities;
(6) the guardian's evaluation of:
(A) the ward's living arrangements as excellent,
average, or below average, including an explanation if the
conditions are below average;
(B) whether the ward is content or unhappy with
the ward's living arrangements; and
(C) unmet needs of the ward;
(7) a statement indicating whether the guardian's
power should be increased, decreased, or unaltered, including an
explanation if a change is recommended;
(8) a statement indicating that the guardian has paid
the bond premium for the next reporting period;
(9) if the guardian is a private professional
guardian, a guardianship program, or the Health and Human Services
Commission [Department of Aging and Disability Services], whether
the guardian or an individual certified under Subchapter C, Chapter
155, Government Code, who is providing guardianship services to the
ward and who is filing the affidavit on the guardian's behalf, is or
has been the subject of an investigation conducted by the Judicial
Branch [Guardianship] Certification Commission [Board] during the
preceding year; and
(10) any additional information the guardian desires
to share with the court regarding the ward, including:
(A) whether the guardian has filed for emergency
detention of the ward under Subchapter A, Chapter 573, Health and
Safety Code; and
(B) if applicable, the number of times the
guardian has filed for emergency detention and the dates of the
applications for emergency detention.
SECTION 55. Section 1251.005, Estates Code, is amended to
read as follows:
Sec. 1251.005. CITATION AND NOTICE OF APPLICATION. (a) On
the filing of an application for temporary guardianship, the court
clerk shall issue:
(1) citation [notice] to be served on:
(A) [(1)] the proposed ward; and
(B) [(2) the proposed ward's appointed
attorney; and
[(3)] the proposed temporary guardian named in the
application, if that person is not the applicant; and
(2) notice to be served on the proposed ward's
appointed attorney.
(b) The citation or notice issued as provided by Subsection
(a) must describe:
(1) the rights of the parties; and
(2) the date, time, place, purpose, and possible
consequences of a hearing on the application.
(b-1) The citation issued as provided by Subsection (a) must
contain a statement regarding the authority of a person under
Section 1051.252 who is interested in the estate or welfare of a
proposed ward or, if a guardianship is created, the ward to file
with the county clerk a written request to be notified of all, or
any specified, motions, applications, or pleadings filed with
respect to the temporary guardianship proceeding by any person or
by a person specifically designated in the request.
(c) A copy of the application must be attached to the
citation or notice.
SECTION 56. Sections 1251.101(a), (b), and (d), Estates
Code, are amended to read as follows:
(a) When the temporary guardian files the oath or
declaration prescribed by Section 1105.051 and the bond required
under this title, the court order appointing the temporary guardian
takes effect without the necessity for issuance of letters of
guardianship.
(b) The clerk shall note compliance with the oath or
declaration and bond requirements by the appointed temporary
guardian on a certificate attached to the order.
(d) The clerk may not issue certified copies of the order
until the oath or declaration and bond requirements are satisfied.
SECTION 57. The heading to Section 1251.153, Estates Code,
is amended to read as follows:
Sec. 1251.153. DELIVERY OF ESTATE, FILING OF FINAL REPORT,
AND[;] DISCHARGE OF TEMPORARY GUARDIAN.
SECTION 58. Section 1251.153, Estates Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) At the expiration of a temporary guardianship of the
person, the temporary guardian shall file with the court clerk a
final report that:
(1) if the ward is living, describes each reason the
temporary guardianship of the person expired, including a statement
of facts regarding whether the temporary guardianship expired
because:
(A) the ward was found by the court to have full
capacity, or sufficient capacity with supports and services, to
care for himself or herself;
(B) alternatives to guardianship have been
established to meet the needs of the ward; or
(C) a permanent guardian appointed by the court
has qualified to serve as the ward's guardian; or
(2) if the ward is deceased, includes the date and
place of death, if known, in the form and manner of the report
required to be filed by a guardian of the person under Section
1163.103.
(b) On proof of delivery under Subsection (a) and approval
by the court of a final report filed with the court clerk under
Subsection (a-1), as applicable:
(1) the temporary guardian shall be discharged; and
(2) the sureties on the temporary guardian's bond
shall be released as to future liability.
SECTION 59. Section 1253.001, Estates Code, is amended to
read as follows:
Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO
FOREIGN JURISDICTION. On application of the guardian or on the
court's own motion, a [A guardian of the person or estate may apply
to the] court that has jurisdiction over the guardianship may [to]
transfer the guardianship to a court in a foreign jurisdiction to
which the ward has permanently moved.
SECTION 60. Subchapter B, Chapter 1301, Estates Code, is
amended by adding Section 1301.0511 to read as follows:
Sec. 1301.0511. NOTICE REQUIRED FOR APPLICATION FOR
CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED. (a) On the
filing of an application for creation of a management trust and
except as provided by Subsection (d), notice shall be issued and
served in the manner provided by Subchapter C, Chapter 1051, for the
issuance and service of notice on the filing of an application for
guardianship.
(b) It is not necessary to serve a citation on a person who
files an application for the creation of a management trust under
this subchapter or for that person to waive the issuance and
personal service of citation.
(c) If the person for whom an application for creation of a
management trust is filed is a ward, the sheriff or other officer,
in addition to serving the persons described by Section 1051.103,
shall personally serve each guardian of the ward with citation to
appear and answer the application.
(d) Notice under this section is not required if a
proceeding for the appointment of a guardian is pending for the
person for whom an application for creation of a management trust is
filed.
SECTION 61. Section 1301.101(a), Estates Code, is amended
to read as follows:
(a) Except as provided by Subsection (c), a management trust
created for a ward or incapacitated person must provide that:
(1) the ward or incapacitated person is the sole
beneficiary of the trust;
(2) the trustee may disburse an amount of the trust's
principal or income as the trustee determines is necessary to spend
for the health, education, maintenance, or support of the person
for whom the trust is created;
(3) the trust income that the trustee does not
disburse under Subdivision (2) must be added to the trust
principal;
(4) a trustee that is a corporate fiduciary serves
without giving a bond; [and]
(5) subject to the court's approval and Subsection
(b), a trustee is entitled to receive reasonable compensation for
services the trustee provides to the person for whom the trust is
created as the person's trustee; and
(6) the trust terminates:
(A) except as provided by Paragraph (B), if the
person for whom the trust is created is a minor:
(i) on the earlier of:
(a) the person's death; or
(b) the person's 18th birthday; or
(ii) on the date provided by court order,
which may not be later than the person's 25th birthday;
(B) if the person for whom the trust is created is
a minor and is also incapacitated for a reason other than being a
minor:
(i) on the person's death; or
(ii) when the person regains capacity; or
(C) if the person for whom the trust is created is
not a minor:
(i) according to the terms of the trust;
(ii) on the date the court determines that
continuing the trust is no longer in the person's best interests,
subject to Section 1301.202(c); or
(iii) on the person's death.
SECTION 62. Section 1301.154(b), Estates Code, is amended
to read as follows:
(b) The trustee of a management trust created for a ward
shall provide a copy of the annual account to each [the] guardian of
the ward [ward's estate or person].
SECTION 63. Section 1301.203, Estates Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), if [If] the
person for whom a management trust is created is a minor, the trust
terminates on:
(1) the earlier of:
(A) the person's death; or
(B) the person's 18th birthday; or
(2) the date provided by court order, which may not be
later than the person's 25th birthday.
(a-1) If the person for whom a management trust is created
is a minor and is also incapacitated for a reason other than being a
minor, the trust terminates:
(1) on the person's death; or
(2) when the person regains capacity.
SECTION 64. Sections 1355.002(b), (c), (d), (e), and (f),
Estates Code, are amended to read as follows:
(b) This section applies only to a nonresident creditor who
is:
(1) a nonresident minor and has a nonresident guardian
of the estate appointed by a foreign court;
(2) [,] a nonresident person who is adjudged by a
foreign court [of competent jurisdiction] to be incapacitated and
has a nonresident guardian of the estate appointed by that
court;[,] or
(3) the nonresident former ward of a guardianship
terminated under Chapter 1204 who has no legal guardian qualified
in this state.
(c) A debtor in this state who owes money to a nonresident
creditor to whom this section applies may pay the money:
(1) to the creditor's guardian of the estate qualified
in the domiciliary jurisdiction; or
(2) to the county clerk of:
(A) any county in this state in which real
property owned by the creditor is located; or
(B) if the creditor is not known to own real
property in this state, the county in which the debtor resides.
(d) A payment made under this section is for the nonresident
creditor's account and for the nonresident creditor's use and
benefit.
(e) A receipt for payment signed by the county clerk is
binding on the nonresident creditor as of the date and to the extent
of payment if the receipt states:
(1) the creditor's name; and
(2) the creditor's post office address, if the address
is known.
(f) A county clerk who receives a payment under Subsection
(c) for a nonresident creditor shall handle the money in the same
manner as provided for a payment to the account of a resident
creditor under Sections 1355.001, 1355.051, 1355.052, 1355.102,
1355.103, and 1355.104. Those sections apply to the handling and
disposition of money or any increase, dividend, or income paid to
the clerk for the use, benefit, and account of the nonresident
creditor to whom this section applies.
SECTION 65. Section 1355.105, Estates Code, is amended to
read as follows:
Sec. 1355.105. WITHDRAWAL OF MONEY BY CREDITOR OR
CREDITOR'S HEIR, [OR] REPRESENTATIVE, OR GUARDIAN. (a) On
presentation to the court clerk of an order of a county or probate
court of the county in which the money is held, money that is not
withdrawn by an authorized person as provided by this chapter may be
withdrawn by:
(1) the creditor, after termination of the creditor's
disability;
(2) a subsequent personal representative of the
creditor; [or]
(3) the creditor's heirs; or
(4) a nonresident guardian of the estate appointed by
a foreign court for a creditor who is:
(A) a nonresident minor; or
(B) a nonresident person who is adjudged to be
incapacitated.
(b) Except as provided by Subsection (b-1), a [A] withdrawal
under Subsection (a) may be made at any time and without a special
bond for that purpose.
(b-1) A court may require a nonresident guardian of the
estate of a creditor who is a nonresident minor or nonresident
incapacitated person as described by Subsection (a)(4) to provide
proof that the nonresident guardian of the estate gave an adequate
bond in the foreign jurisdiction if the court determines that it is
in the nonresident minor's or nonresident incapacitated person's
best interest.
(c) The order presented under Subsection (a) must direct the
court clerk to deliver the money to:
(1) the creditor;
(2) [,] the creditor's personal representative;
(3) [, or] the creditor's heirs named in the order; or
(4) if the creditor is a nonresident minor or
nonresident person who is adjudged to be incapacitated, the
creditor's nonresident guardian of the estate.
(d) Before the court may issue an order under this section,
the person's identity and credentials must be proved to the court's
satisfaction. For purposes of this subsection, a nonresident
guardian of the estate described by Subsection (c)(4) must present
to the court exemplified copies of the order of a foreign court
appointing the guardian and current letters of guardianship issued
in the foreign jurisdiction.
SECTION 66. Section 25.0006, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-5) to read as
follows:
(a) Notwithstanding any other law except Subsection (a-4),
Subsections (a-1), (a-2), [and] (a-3), and (a-5) control over a
specific provision for a particular court or county that attempts
to create a requirement for a bond or insurance that conflicts with
those subsections.
(a-5) A bond executed under Subsection (a-1) by the judge
elected or appointed to a statutory county court or an insurance
policy obtained under Subsection (a-3) shall provide the same
coverage to a visiting judge assigned to the court or associate
judge appointed to serve the court as the bond or insurance policy
provides to the judge elected or appointed to the court.
SECTION 67. Section 25.00231, Government Code, is amended
by adding Subsection (f) to read as follows:
(f) Notwithstanding Subsection (e), a bond executed under
Subsection (b) by the judge elected or appointed to a statutory
probate court or an insurance policy obtained under Subsection (c)
shall provide the same coverage to a visiting judge assigned to the
court or to an associate judge appointed by the court as the bond or
insurance policy provides to the judge elected or appointed to the
court.
SECTION 68. Section 25.0027, Government Code, is amended to
read as follows:
Sec. 25.0027. JURIES; PRACTICE AND PROCEDURE. The drawing
of jury panels, selection of jurors, and practice in the statutory
probate courts must conform to that prescribed by law for county
courts, except that practice, procedure, rules of evidence,
issuance of process and writs, juries, including the number of
jurors provided the parties to a proceeding may agree to try a
particular case with fewer than 12 jurors, and all other matters
pertaining to the conduct of trials and hearings in the statutory
probate courts involving those matters of concurrent jurisdiction
with district courts are governed by the laws and rules pertaining
to district courts.
SECTION 69. Section 74.141, Government Code, is amended to
read as follows:
Sec. 74.141. DEFENSE OF JUDGES. The attorney general shall
defend a state district judge, a presiding judge of an
administrative region, the presiding judge of the statutory probate
courts, a visiting judge assigned to hear a guardianship or probate
matter by the presiding judge of the statutory probate courts, or an
active, retired, or former judge assigned under this chapter in any
action or suit in any court in which the judge is a defendant
because of the judge's [his] office or capacity as judge if the
judge requests the attorney general's assistance in the defense of
the suit.
SECTION 70. Section 81.114, Government Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) The state bar shall provide a course of instruction for
attorneys who represent any person's interests [parties] in
guardianship cases or who serve as court-appointed guardians.
(e) The course of instruction described by this section must
be low-cost and available to persons throughout this state,
including on the Internet provided through the state bar.
SECTION 71. Section 155.205(b), Government Code, is amended
to read as follows:
(b) The commission shall obtain:
(1) fingerprint-based criminal history record
information of a proposed guardian [an applicant] if:
(A) the liquid assets of the estate of a ward
exceed $50,000; or
(B) the proposed guardian is not a resident of
this state; or
(2) name-based criminal history record information of
a proposed guardian, including any criminal history record
information under the current name and all former names of the
proposed guardian, [an applicant] if:
(A) the liquid assets of the estate of a ward are
$50,000 or less; and
(B) the proposed guardian is a resident of this
state.
SECTION 72. (a) Except as otherwise provided by this Act,
the changes in law made by this Act apply to:
(1) a guardianship created before, on, or after the
effective date of this Act; and
(2) an application for a guardianship pending on, or
filed on or after, the effective date of this Act.
(b) Section 202.054, Estates Code, as amended by this Act,
applies only to a proceeding to declare heirship commenced on or
after the effective date of this Act. A proceeding to declare
heirship commenced before that date is governed by the law in effect
on the date the proceeding was commenced, and the former law is
continued in effect for that purpose.
(c) Section 452.006(c), Estates Code, as added by this Act,
applies only to a temporary administrator appointed on or after the
effective date of this Act. A temporary administrator appointed
before the effective date of this Act is governed by the law in
effect on the date the administrator was appointed, and the former
law is continued in effect for that purpose.
(d) Section 503.002, Estates Code, as amended by this Act,
applies only to a copy of a testamentary instrument or other
document filed for recording on or after the effective date of this
Act. A copy of a testamentary instrument or other document filed
before the effective date of this Act is governed by the law in
effect on the date the instrument or document was filed, and the
former law is continued in effect for that purpose.
(e) The changes in law made by this Act to Section 1021.001,
Estates Code, apply only to an action filed on or after the
effective date of this Act. An action filed before the effective
date of this Act is governed by the law in effect on the date the
action was filed, and the former law is continued in effect for that
purpose.
(f) Sections 1101.001 and 1251.005, Estates Code, as
amended by this Act, apply only to an application for the
appointment of a guardian or temporary guardian filed on or after
the effective date of this Act. An application for the appointment
of a guardian or temporary guardian filed before the effective date
of this Act is governed by the law in effect on the date the
application was filed, and the former law is continued in effect for
that purpose.
(g) Sections 1054.201 and 1101.153, Estates Code, as
amended by this Act, and Section 155.205, Government Code, as
amended by this Act, apply only to a guardianship proceeding
commenced on or after the effective date of this Act. A
guardianship proceeding commenced before the effective date of this
Act is governed by the law applicable to the proceeding immediately
before the effective date of this Act, and the former law is
continued in effect for that purpose.
(h) The changes in law made by this Act to Section 1251.101,
Estates Code, and Chapter 1105, Estates Code, apply only to the
qualification of a guardian that occurs on or after the effective
date of this Act. The qualification of a guardian that occurs
before the effective date of this Act is governed by the law in
effect on the date the guardian qualifies to serve, and the former
law is continued in effect for that purpose.
(i) Section 1301.0511, Estates Code, as added by this Act,
applies only to an application for creation of a management trust
filed on or after the effective date of this Act. An application
for creation of a management trust filed before the effective date
of this Act is governed by the law in effect on the date the
application was filed, and the former law is continued in effect for
that purpose.
(j) The changes in law made by this Act to Sections 1301.101
and 1301.203, Estates Code, apply only to an application for the
creation or modification of a management trust filed on or after the
effective date of this Act. An application for the creation or
modification of a management trust filed before the effective date
of this Act is governed by the law in effect on the date the
application was filed, and the former law is continued in effect for
that purpose.
(k) The changes in law made by this Act to Section 1355.105,
Estates Code, apply only to an application for an order for the
delivery of money that is filed on or after the effective date of
this Act. An application for an order for the delivery of money
that is filed before the effective date of this Act is governed by
the law in effect on the date the application was filed, and the
former law is continued in effect for that purpose.
(l) The changes in law made by this Act to Sections 25.0006
and 25.00231, Government Code, apply only to an insurance policy
delivered, issued for delivery, or renewed on or after January 1,
2022. An insurance policy delivered, issued for delivery, or
renewed before January 1, 2022, is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(m) Section 74.141, Government Code, as amended by this Act,
applies to a cause of action filed on or after the effective date of
this Act. A cause of action filed before the effective date of this
Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 73. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 626 passed the Senate on
March 25, 2021, by the following vote: Yeas 30, Nays 0;
May 25, 2021, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2021, House
granted request of the Senate; May 29, 2021, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 626 passed the House, with
amendments, on May 20, 2021, by the following vote: Yeas 146,
Nays 0, one present not voting; May 27, 2021, House granted request
of the Senate for appointment of Conference Committee;
May 30, 2021, House adopted Conference Committee Report by the
following vote: Yeas 139, Nays 1, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor