Texas 2021 - 87th Regular

Texas Senate Bill SB626 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 626
	1	+	By: Zaffirini S.B. No. 626
	2	+	(Moody)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to guardianships, management trusts, and certain other
6		-	procedures and proceedings for persons who are incapacitated,
7		-	probate matters and proceedings, and other matters involving
8		-	statutory county courts, including statutory probate courts.
	8	+	procedures and proceedings for persons who are incapacitated.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10		-	SECTION 1. Section 30.014(a), Civil Practice and Remedies
11		-	Code, is amended to read as follows:
12		-	(a) In a civil action, including a probate or guardianship
13		-	proceeding, filed in a district court, county court, [or] statutory
14		-	county court, or statutory probate court, each party or the party's
15		-	attorney shall include in its initial pleading:
16		-	(1) the last three numbers of the party's driver's
17		-	license number, if the party has been issued a driver's license; and
18		-	(2) the last three numbers of the party's social
19		-	security number, if the party has been issued a social security
20		-	number.
21		-	SECTION 2. Section 33.101, Estates Code, is amended to read
22		-	as follows:
23		-	Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
24		-	PROPER. If probate proceedings involving the same estate are
25		-	commenced in more than one county and the court making a
26		-	determination of venue as provided by Section 33.053 determines
27		-	that venue is proper in another county, the court clerk shall make
28		-	and retain a copy of the entire file in the case and transmit the
29		-	original file in electronic or paper form to the court in the county
30		-	in which venue is proper. The court to which the file is transmitted
31		-	shall conduct the proceeding in the same manner as if the proceeding
32		-	had originally been commenced in that county.
33		-	SECTION 3. Section 33.102(a), Estates Code, is amended to
34		-	read as follows:
35		-	(a) If it appears to the court at any time before the final
36		-	order in a probate proceeding is rendered that the court does not
37		-	have priority of venue over the proceeding, the court shall, on the
38		-	application of an interested person, transfer the proceeding to the
39		-	proper county by transmitting to the proper court in that county in
40		-	electronic or paper form:
41		-	(1) the original file in the case; and
42		-	(2) certified copies of all entries that have been
43		-	made in the judge's probate docket in the proceeding.
44		-	SECTION 4. Section 33.103, Estates Code, is amended by
45		-	adding Subsection (c) to read as follows:
46		-	(c) The transmittal under Subsection (b) of the original
47		-	file and the certified copy of the index may be in electronic or
48		-	paper form, except that an original will filed in the probate
49		-	proceeding, if any, must be delivered to the court to which the
50		-	proceeding is transferred.
51		-	SECTION 5. Section 51.003(b), Estates Code, is amended to
52		-	read as follows:
53		-	(b) A citation or notice issued by the county clerk must be
54		-	styled "The State of Texas" and be signed by the clerk under the
55		-	court's [clerk's] seal.
56		-	SECTION 6. Section 202.054, Estates Code, is amended to
57		-	read as follows:
58		-	Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE REQUIRED.
59		-	(a) The court may require that service of citation in a proceeding
60		-	to declare heirship be made by personal service on some or all of
61		-	those named as distributees in the application filed under Section
62		-	202.005.
63		-	(b) If a distributee to be cited under Subsection (a) is
64		-	absent from or is not a resident of this state, any disinterested
65		-	person competent to make an oath that the citation was served may
66		-	serve the citation.
67		-	SECTION 7. Section 351.351, Estates Code, is amended to
68		-	read as follows:
69		-	Sec. 351.351. APPLICABILITY. This subchapter does not
70		-	apply to:
71		-	(1) the appointment of an independent executor or
72		-	administrator under Section 401.002 or 401.003(a); or
73		-	(2) the appointment of a successor independent
74		-	administrator [executor] under Section 404.005.
75		-	SECTION 8. Section 404.0036(b), Estates Code, is amended to
76		-	read as follows:
77		-	(b) If an independent executor is removed by the court under
78		-	Section 404.003 or 404.0035, the court may, on application, appoint
79		-	a successor independent administrator [executor] as provided by
80		-	Section 404.005.
81		-	SECTION 9. The heading to Section 404.005, Estates Code, is
82		-	amended to read as follows:
83		-	Sec. 404.005. COURT-APPOINTED SUCCESSOR INDEPENDENT
84		-	ADMINISTRATOR [EXECUTOR].
85		-	SECTION 10. Sections 404.005(a), (b), (c), (h), and (i),
86		-	Estates Code, are amended to read as follows:
87		-	(a) If the will of a person who dies testate names an
88		-	independent executor who, having qualified, fails for any reason to
89		-	continue to serve, or is removed for cause by the court, and the
90		-	will does not name a successor independent executor or if each
91		-	successor executor named in the will fails for any reason to qualify
92		-	as executor or indicates by affidavit filed with the application
93		-	for an order continuing independent administration the successor
94		-	executor's inability or unwillingness to serve as successor
95		-	independent executor, all of the distributees of the decedent as of
96		-	the filing of the application for an order continuing independent
97		-	administration may apply to the probate court for the appointment
98		-	of a qualified person, firm, or corporation to serve as successor
99		-	independent administrator [executor]. If the probate court finds
100		-	that continued administration of the estate is necessary, the court
101		-	shall enter an order continuing independent administration and
102		-	appointing the person, firm, or corporation designated in the
103		-	application as successor independent administrator [executor],
104		-	unless the probate court finds that it would not be in the best
105		-	interest of the estate to do so. The successor independent
106		-	administrator [executor] shall serve with all of the powers and
107		-	privileges granted to the successor's predecessor independent
108		-	executor.
109		-	(b) Except as otherwise provided by this subsection, if a
110		-	distributee described in this section is an incapacitated person,
111		-	the guardian of the person of the distributee may sign the
112		-	application on behalf of the distributee. If the probate court
113		-	finds that either the continuing of independent administration or
114		-	the appointment of the person, firm, or corporation designated in
115		-	the application as successor independent administrator [executor]
116		-	would not be in the best interest of the incapacitated person, then,
117		-	notwithstanding Subsection (a), the court may not enter an order
118		-	continuing independent administration of the estate. If the
119		-	distributee is an incapacitated person and has no guardian of the
120		-	person, the court may appoint a guardian ad litem to make
121		-	application on behalf of the incapacitated person if the probate
122		-	court considers such an appointment necessary to protect the
123		-	interest of that distributee. If a distributee described in this
124		-	section is a minor and has no guardian of the person, a natural
125		-	guardian of the minor may sign the application for the order
126		-	continuing independent administration on the minor's behalf unless
127		-	a conflict of interest exists between the minor and the natural
128		-	guardian.
129		-	(c) Except as otherwise provided by this subsection, if a
130		-	trust is created in the decedent's will or if the decedent's will
131		-	devises property to a trustee as described by Section 254.001, the
132		-	person or class of persons entitled to receive property outright
133		-	from the trust on the decedent's death and those first eligible to
134		-	receive the income from the trust, determined as if the trust were
135		-	to be in existence on the date of the filing of the application for
136		-	an order continuing independent administration, shall, for the
137		-	purposes of this section, be considered to be the distributee or
138		-	distributees on behalf of the trust, and any other trust or trusts
139		-	coming into existence on the termination of the trust, and are
140		-	authorized to apply for an order continuing independent
141		-	administration on behalf of the trust without the consent or
142		-	agreement of the trustee or any other beneficiary of the trust, or
143		-	the trustee or any beneficiary of any other trust which may come
144		-	into existence on the termination of the trust. If a person
145		-	considered to be a distributee under this subsection is an
146		-	incapacitated person, the trustee or cotrustee may apply for the
147		-	order continuing independent administration or sign the
148		-	application on the incapacitated person's behalf if the trustee or
149		-	cotrustee is not the person proposed to serve as the independent
150		-	administrator [executor].
151		-	(h) If a successor independent administrator [executor] is
152		-	appointed under this section, then, unless the probate court shall
153		-	waive bond on application for waiver, the successor independent
154		-	administrator [executor] shall be required to enter into bond
155		-	payable to and to be approved by the judge and the judge's
156		-	successors in a sum that is found by the judge to be adequate under
157		-	all circumstances, or a bond with one surety in an amount that is
158		-	found by the judge to be adequate under all circumstances, if the
159		-	surety is an authorized corporate surety.
160		-	(i) Absent proof of fraud or collusion on the part of a
161		-	judge, the judge may not be held civilly liable for the commission
162		-	of misdeeds or the omission of any required act of any person, firm,
163		-	or corporation designated as a successor independent administrator
164		-	[executor] under this section. Section 351.354 does not apply to an
165		-	appointment of a successor independent administrator [executor]
166		-	under this section.
167		-	SECTION 11. Section 452.006, Estates Code, is amended by
168		-	adding Subsection (c) to read as follows:
169		-	(c) The appointee shall file with the court proof of service
170		-	of the notice required under Subsection (a) in the manner provided
171		-	by Section 51.103(b)(3).
172		-	SECTION 12. Section 503.002, Estates Code, is amended to
173		-	read as follows:
174		-	Sec. 503.002. RECORDING OF CERTAIN FOREIGN TESTAMENTARY
175		-	INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH [ORIGINAL SIGNATURES NOT
176		-	REQUIRED]. (a) An authenticated copy of a will or other
177		-	testamentary instrument described by Section 503.001(a), along
178		-	with a copy of the judgment, order, or decree by which the
179		-	instrument was admitted to probate that has the attestation and
180		-	certificate required by Section 501.002(c), that is written in
181		-	whole or in part in a language other than English may be filed for
182		-	recording in the deed records in any county in this state in which
183		-	the land conveyed or disposed of in the instrument is located if:
184		-	(1) a correct English translation is recorded with the
185		-	authenticated copies of the will or other testamentary instrument
186		-	and judgment, order, or decree by which the instrument was admitted
187		-	to probate; and
188		-	(2) the accuracy of the translation is sworn to before
189		-	an officer authorized to administer oaths [Notwithstanding Section
190		-	501.002(c), the original signatures required by that section may
191		-	not be required for a recordation in the deed records in accordance
192		-	with Section 503.001 or for a purpose described by Section 503.051
193		-	or 503.052].
194		-	(b) The recording of an authenticated copy of a will or
195		-	other testamentary instrument and a copy of the judgment, order, or
196		-	decree in the manner provided by Subsection (a) operates as
197		-	constructive notice from the date of filing to all persons of the:
198		-	(1) existence of the instrument; and
199		-	(2) title or titles conferred by the instrument.
200		-	SECTION 13. Section 1021.001, Estates Code, is amended to
	10	+	SECTION 1. Section 1021.001, Estates Code, is amended to
201	11		read as follows:
202	12		Sec. 1021.001. MATTERS RELATED TO GUARDIANSHIP PROCEEDING.
203	13		(a) For purposes of this code, in a county in which there is no
204	14		statutory probate court or county court at law exercising original
205	15		probate jurisdiction, a matter related to a guardianship proceeding
206	16		includes:
207	17		(1) the granting of letters of guardianship;
208	18		(2) the settling of an account of a guardian and all
209	19		other matters relating to the settlement, partition, or
210	20		distribution of a ward's estate;
211	21		(3) a claim brought by or against a guardianship
212	22		estate;
213	23		(4) an action for trial of title to real property that
214	24		is guardianship estate property, including the enforcement of a
215	25		lien against the property;
216	26		(5) an action for trial of the right of property that
217	27		is guardianship estate property;
218	28		(6) after a guardianship of the estate of a ward is
219	29		required to be settled as provided by Section 1204.001:
220	30		(A) an action brought by or on behalf of the
221	31		former ward against a former guardian of the ward for alleged
222	32		misconduct arising from the performance of the person's duties as
223	33		guardian;
224	34		(B) an action calling on the surety of a guardian
225	35		or former guardian to perform in place of the guardian or former
226	36		guardian, which may include the award of a judgment against the
227	37		guardian or former guardian in favor of the surety;
228	38		(C) an action against a former guardian of the
229	39		former ward that is brought by a surety that is called on to perform
230	40		in place of the former guardian;
231	41		(D) a claim for the payment of compensation,
232	42		expenses, and court costs, and any other matter authorized under
233	43		Chapter 1155; and
234	44		(E) a matter related to an authorization made or
235	45		duty performed by a guardian under Chapter 1204; and
236	46		(7) the appointment of a trustee for a trust created
237	47		under Section 1301.053 or 1301.054, the settling of an account of
238	48		the trustee, and all other matters relating to the trust.
239	49		(a-1) For purposes of this code, in a county in which there
240	50		is no statutory probate court, but in which there is a county court
241	51		at law exercising original probate jurisdiction, a matter related
242	52		to a guardianship proceeding includes:
243	53		(1) all matters and actions described in Subsection
244	54		(a);
245	55		(2) the interpretation and administration of a
246	56		testamentary trust in which a ward is an income or remainder
247	57		beneficiary; and
248	58		(3) the interpretation and administration of an inter
249	59		vivos trust in which a ward is an income or remainder beneficiary.
250	60		(b) For purposes of this code, in a county in which there is
251	61		a statutory probate court, a matter related to a guardianship
252	62		proceeding includes:
253	63		(1) all matters and actions described in Subsections
254	64		[Subsection] (a) and (a-1);
255	65		(2) a suit, action, or application filed against or on
256	66		behalf of a guardianship or a trustee of a trust created under
257	67		Section 1301.053 or 1301.054; and
258	68		(3) a cause of action in which a guardian in a
259	69		guardianship pending in the statutory probate court is a party.
260		-	SECTION 14. Section ~~1023~~.~~006~~, Estates Code, is amended to
	70	+	SECTION 2. Section 1052.052(b), Estates Code, is amended to
261	71		read as follows:
262		-	Sec. 1023.006. TRANSFER OF RECORD. When an order of
263		-	transfer is made under Section 1023.005, the clerk shall record any
264		-	unrecorded papers of the guardianship required to be recorded. On
265		-	payment of the clerk's fee, the clerk shall transmit in electronic
266		-	or paper form to the county clerk of the county to which the
267		-	guardianship was ordered transferred:
268		-	(1) the case file of the guardianship proceedings; and
269		-	(2) a certified copy of the index of the guardianship
270		-	records.
271		-	SECTION 15. Section 1023.007, Estates Code, is amended to
272		-	read as follows:
273		-	Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring
274		-	a guardianship does not take effect until:
275		-	(1) the case file and a certified copy of the index
276		-	required by Section 1023.006 are filed in electronic or paper form
277		-	in the office of the county clerk of the county to which the
278		-	guardianship was ordered transferred; and
279		-	(2) a certificate under the clerk's official seal and
280		-	reporting the filing of the case file and a certified copy of the
281		-	index is filed in electronic or paper form in the court ordering the
282		-	transfer by the county clerk of the county to which the guardianship
283		-	was ordered transferred.
284		-	SECTION 16. Section 1051.003(b), Estates Code, is amended
285		-	to read as follows:
286		-	(b) A citation or notice issued by the county clerk must be
287		-	styled "The State of Texas" and be signed by the clerk under the
288		-	court's [clerk's] seal.
289		-	SECTION 17. Section 1052.052(b), Estates Code, is amended
290		-	to read as follows:
291	72		(b) Each case file must contain each order, judgment, and
292	73		proceeding of the court and any other guardianship filing with the
293	74		court, including each:
294	75		(1) application for the granting of guardianship;
295	76		(2) citation and notice, whether published or posted,
296	77		including the return on the citation or notice;
297	78		(3) bond and official oath or declaration;
298	79		(4) inventory, appraisement, and list of claims;
299	80		(5) exhibit and account;
300	81		(6) report of renting;
301	82		(7) application for sale or partition of real estate;
302	83		(8) report of sale;
303	84		(9) application for authority to execute a lease for
304	85		mineral development, or for pooling or unitization of lands,
305	86		royalty, or other interest in minerals, or to lend or invest money;
306	87		(10) report of lending or investing money; and
307	88		(11) report of guardians of the persons.
308		-	SECTION 18. The heading to Chapter 1054, Estates Code, is
309		-	amended to read as follows:
310		-	CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND
311		-	ATTORNEYS
312		-	SECTION 19. The heading to Subchapter E, Chapter 1054,
313		-	Estates Code, is amended to read as follows:
314		-	SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED]
315		-	ATTORNEY
316		-	SECTION 20. Section 1054.201, Estates Code, is amended by
317		-	amending Subsection (a) and adding Subsection (c) to read as
318		-	follows:
319		-	(a) Except as provided by Subsection (c), an [An] attorney
320		-	representing any person's interests [for an applicant for
321		-	guardianship and a court-appointed attorney] in a guardianship
322		-	proceeding, including an attorney ad litem, must be certified by
323		-	the State Bar of Texas, or a person or other entity designated by
324		-	the state bar, as having successfully completed a course of study in
325		-	guardianship law and procedure sponsored by the state bar or the
326		-	state bar's designee.
327		-	(c) An attorney may commence representation of a person's
328		-	interests and file an appearance in a guardianship proceeding
329		-	before completing the course required for certification under
330		-	Subsection (a), but must complete the course not later than the 14th
331		-	day after the date of filing the appearance and before filing any
332		-	substantive motion in the guardianship proceeding.
333		-	SECTION 21. Section 1101.001(b), Estates Code, is amended
334		-	to read as follows:
335		-	(b) The application must be sworn to by the applicant and
336		-	state:
337		-	(1) the proposed ward's name, sex, date of birth, and
338		-	address;
339		-	(2) the name, former name, if any, relationship, and
340		-	address of the person the applicant seeks to have appointed as
341		-	guardian;
342		-	(3) whether guardianship of the person or estate, or
343		-	both, is sought;
344		-	(3-a) whether alternatives to guardianship and
345		-	available supports and services to avoid guardianship were
346		-	considered;
347		-	(3-b) whether any alternatives to guardianship and
348		-	supports and services available to the proposed ward considered are
349		-	feasible and would avoid the need for a guardianship;
350		-	(4) the nature and degree of the alleged incapacity,
351		-	the specific areas of protection and assistance requested, and the
352		-	limitation or termination of rights requested to be included in the
353		-	court's order of appointment, including a termination of:
354		-	(A) the right of a proposed ward who is 18 years
355		-	of age or older to vote in a public election;
356		-	(B) the proposed ward's eligibility to hold or
357		-	obtain a license to operate a motor vehicle under Chapter 521,
358		-	Transportation Code; and
359		-	(C) the right of a proposed ward to make personal
360		-	decisions regarding residence;
361		-	(5) the facts requiring the appointment of a guardian;
362		-	(6) the interest of the applicant in the appointment
363		-	of a guardian;
364		-	(7) the nature and description of any kind of
365		-	guardianship existing for the proposed ward in any other state;
366		-	(8) the name and address of any person or institution
367		-	having the care and custody of the proposed ward;
368		-	(9) the approximate value and a detailed description
369		-	of the proposed ward's property, including:
370		-	(A) liquid assets, including any compensation,
371		-	pension, insurance, or allowance to which the proposed ward may be
372		-	entitled; and
373		-	(B) non-liquid assets, including real property;
374		-	(10) the name and address of any person whom the
375		-	applicant knows to hold a power of attorney signed by the proposed
376		-	ward and a description of the type of power of attorney;
377		-	(11) for a proposed ward who is a minor, the following
378		-	information if known by the applicant:
379		-	(A) the name of each of the proposed ward's
380		-	parents and either the parent's address or that the parent is
381		-	deceased;
382		-	(B) the name and age of each of the proposed
383		-	ward's siblings, if any, and either the sibling's address or that
384		-	the sibling is deceased; and
385		-	(C) if each of the proposed ward's parents and
386		-	adult siblings are deceased, the names and addresses of the
387		-	proposed ward's other living relatives who are related to the
388		-	proposed ward within the third degree by consanguinity and who are
389		-	adults;
390		-	(12) for a proposed ward who is a minor, whether the
391		-	minor was the subject of a legal or conservatorship proceeding in
392		-	the preceding two years and, if so:
393		-	(A) the court involved;
394		-	(B) the nature of the proceeding; and
395		-	(C) any final disposition of the proceeding;
396		-	(13) for a proposed ward who is an adult, the following
397		-	information if known by the applicant:
398		-	(A) the name of the proposed ward's spouse, if
399		-	any, and either the spouse's address or that the spouse is deceased;
400		-	(B) the name of each of the proposed ward's
401		-	parents and either the parent's address or that the parent is
402		-	deceased;
403		-	(C) the name and age of each of the proposed
404		-	ward's siblings, if any, and either the sibling's address or that
405		-	the sibling is deceased;
406		-	(D) the name and age of each of the proposed
407		-	ward's children, if any, and either the child's address or that the
408		-	child is deceased; and
409		-	(E) if there is no living spouse, parent, adult
410		-	sibling, or adult child of the proposed ward, the names and
411		-	addresses of the proposed ward's other living relatives who are
412		-	related to the proposed ward within the third degree by
413		-	consanguinity and who are adults;
414		-	(14) facts showing that the court has venue of the
415		-	proceeding; and
416		-	(15) if applicable, that the person whom the applicant
417		-	seeks to have appointed as a guardian is a private professional
418		-	guardian who is certified under Subchapter C, Chapter 155,
419		-	Government Code, and has complied with the requirements of
420		-	Subchapter G, Chapter 1104.
421		-	SECTION 22. Section 1101.153(a), Estates Code, is amended
422		-	to read as follows:
423		-	(a) A court order appointing a guardian must:
424		-	(1) specify:
425		-	(A) [(1)] the name of the person appointed;
426		-	(B) [(2)] the name of the ward;
427		-	(C) [(3)] whether the guardian is of the person
428		-	or estate of the ward, or both;
429		-	(D) [(4)] the amount of any bond required;
430		-	(E) [(5)] if it is a guardianship of the estate
431		-	of the ward and the court considers an appraisal to be necessary,
432		-	one, two, or three disinterested persons to appraise the estate and
433		-	to return the appraisement to the court; and
434		-	(F) [(6)] that the clerk will issue letters of
435		-	guardianship to the person appointed when the person has qualified
436		-	according to law; and
437		-	(2) if the court waives the guardian's training
438		-	requirement, contain a finding that the waiver is in accordance
439		-	with rules adopted by the supreme court under Section 155.203,
440		-	Government Code.
441		-	SECTION 23. Section 1103.003, Estates Code, is amended to
	89	+	SECTION 3. Section 1103.003, Estates Code, is amended to
442	90		read as follows:
443	91		Sec. 1103.003. EFFECTIVE DATE OF GUARDIANSHIP. If the
444	92		application filed under Section 1103.001 is heard before the
445	93		proposed ward's 18th birthday, a guardianship created under this
446	94		chapter may not take effect and the person appointed guardian may
447	95		not take the oath or make the declaration as required under Section
448	96		1105.051 or give a bond as required under Section 1105.101 until the
449	97		proposed ward's 18th birthday.
450		-	SECTION 24. Section 1105.001, Estates Code, is amended by
	98	+	SECTION 4. Section 1105.001, Estates Code, is amended by
451	99		adding Subdivision (1-a) and amending Subdivision (2) to read as
452	100		follows:
453	101		(1-a) "Declaration" means a declaration taken by a
454	102		person appointed to serve as a guardian to qualify to serve.
455	103		(2) "Oath" means an oath [required by this chapter to
456	104		be] taken by a person appointed to serve as a guardian to qualify to
457	105		serve.
458		-	SECTION 25. Section 1105.002, Estates Code, is amended to
	106	+	SECTION 5. Section 1105.002, Estates Code, is amended to
459	107		read as follows:
460	108		Sec. 1105.002. MANNER OF QUALIFICATION OF GUARDIAN.
461	109		(a) Except as provided by Subsection (b), a guardian is considered
462	110		to have qualified when the guardian has:
463	111		(1) taken and filed the oath, or made and filed the
464	112		declaration, required under Section 1105.051;
465	113		(2) given the required bond;
466	114		(3) filed the bond with the clerk; and
467	115		(4) obtained the judge's approval of the bond.
468	116		(b) A guardian who is not required to give a bond is
469	117		considered to have qualified when the guardian has taken and filed
470	118		the [required] oath, or made and filed the declaration, as required
471	119		under Section 1105.051.
472		-	SECTION 26. Section 1105.003, Estates Code, is amended to
	120	+	SECTION 6. Section 1105.003, Estates Code, is amended to
473	121		read as follows:
474	122		Sec. 1105.003. PERIOD FOR TAKING OATH OR MAKING DECLARATION
475	123		AND GIVING BOND. (a) Except as provided by Section 1103.003, an
476	124		oath may be taken and subscribed or a declaration may be made, and a
477	125		bond may be given and approved, at any time before:
478	126		(1) the 21st day after the date of the order granting
479	127		letters of guardianship; or
480	128		(2) the letters of guardianship are revoked for a
481	129		failure to qualify within the period allowed.
482	130		(b) A guardian of an estate must give a bond before being
483	131		issued letters of guardianship unless a bond is not required under
484	132		this title.
485		-	SECTION 27. The heading to Subchapter B, Chapter 1105,
	133	+	SECTION 7. The heading to Subchapter B, Chapter 1105,
486	134		Estates Code, is amended to read as follows:
487	135		SUBCHAPTER B. OATHS AND DECLARATIONS
488		-	SECTION 28. Section 1105.051, Estates Code, is amended to
	136	+	SECTION 8. Section 1105.051, Estates Code, is amended to
489	137		read as follows:
490	138		Sec. 1105.051. OATH OR DECLARATION OF GUARDIAN. (a) A
491	139		guardian shall:
492	140		(1) take an oath to discharge faithfully the duties of
493	141		guardian for the person or estate, or both, of a ward; or
494	142		(2) make a declaration as prescribed by Subsection
495	143		(d).
496	144		(b) If the Health and Human [Department of Aging and
497	145		Disability] Services Commission is appointed guardian, a
498	146		commission [department] representative shall take the oath or make
499	147		the declaration required by Subsection (a).
500	148		(c) An oath taken by a person named as guardian or temporary
501	149		guardian, as applicable, must be substantially as follows:
502	150		I, __________ (insert person's name), do solemnly swear that
503	151		I will discharge faithfully the duties of guardian of __________
504	152		(insert "the person," "the estate," or "the person and estate") of
505	153		__________ (insert ward's name), an incapacitated person,
506	154		according to law.
507	155		(d) A declaration made by a person named as guardian or
508	156		temporary guardian, as applicable, must be substantially as
509	157		follows:
510	158		My name is _______ (insert person's name), my date of birth is
511	159		__________ (insert person's date of birth), and my address is
512	160		__________ (insert person's address, including country). I declare
513	161		under penalty of perjury that the information in this declaration
514	162		is true and correct. I solemnly declare that I will discharge
515	163		faithfully the duties of __________ (insert "guardian" or
516	164		"temporary guardian," as applicable) of __________ (insert "the
517	165		person," "the estate," or "the person and estate") of __________
518	166		(insert ward's name), an incapacitated person, according to law.
519	167		Signed on __________ (insert date of signing).
520		-	SECTION 29. Section 1105.052, Estates Code, is amended to
	168	+	SECTION 9. Section 1105.052, Estates Code, is amended to
521	169		read as follows:
522	170		Sec. 1105.052. ADMINISTRATION OF OATH OR MAKING OF
523	171		DECLARATION. The [An] oath prescribed by Section 1105.051 may be
524	172		taken before any person authorized to administer oaths under the
525	173		laws of this state. The declaration prescribed by Section 1105.051
526	174		must be signed by the declarant.
527		-	SECTION 30. Section 1105.103(f), Estates Code, is amended
	175	+	SECTION 10. Section 1105.103(f), Estates Code, is amended
528	176		to read as follows:
529	177		(f) If the guardian fails to give the bond required under
530	178		Subsection (d) and the judge has not extended the period for giving
531	179		the bond, the judge, without citation, shall remove the guardian
532	180		and appoint a competent person as guardian, who shall:
533	181		(1) administer the guardianship according to the
534	182		provisions of a will or law;
535	183		(2) take the oath or make the declaration required of a
536	184		guardian under Section 1105.051 before the person enters on the
537	185		administration of the guardianship; and
538	186		(3) give bond in the same manner and in the same amount
539	187		provided by this title for the issuance of original letters of
540	188		guardianship.
541		-	SECTION 31. Subchapter A, Chapter 1151, Estates Code, is
542		-	amended by adding Section 1151.005 to read as follows:
543		-	Sec. 1151.005. LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR
544		-	WITNESS. The guardian of the person or of the estate of a ward may
545		-	not be excluded from attending a legal proceeding in which the ward
546		-	is:
547		-	(1) a party; or
548		-	(2) participating as a witness.
549		-	SECTION 32. Section 1151.351(b), Estates Code, is amended
	189	+	SECTION 11. Section 1151.351(b), Estates Code, is amended
550	190		to read as follows:
551	191		(b) Unless limited by a court or otherwise restricted by
552	192		law, a ward is authorized to the following:
553	193		(1) to have a copy of the guardianship order and
554	194		letters of guardianship and contact information for the probate
555	195		court that issued the order and letters;
556	196		(2) to have a guardianship that encourages the
557	197		development or maintenance of maximum self-reliance and
558	198		independence in the ward with the eventual goal, if possible, of
559	199		self-sufficiency;
560	200		(3) to be treated with respect, consideration, and
561	201		recognition of the ward's dignity and individuality;
562	202		(4) to reside and receive support services in the most
563	203		integrated setting, including home-based or other community-based
564	204		settings, as required by Title II of the Americans with
565	205		Disabilities Act (42 U.S.C. Section 12131 et seq.);
566	206		(5) to consideration of the ward's current and
567	207		previously stated personal preferences, desires, medical and
568	208		psychiatric treatment preferences, religious beliefs, living
569	209		arrangements, and other preferences and opinions;
570	210		(6) to financial self-determination for all public
571	211		benefits after essential living expenses and health needs are met
572	212		and to have access to a monthly personal allowance;
573	213		(7) to receive timely and appropriate health care and
574	214		medical treatment that does not violate the ward's rights granted
575	215		by the constitution and laws of this state and the United States;
576	216		(8) to exercise full control of all aspects of life not
577	217		specifically granted by the court to the guardian;
578	218		(9) to control the ward's personal environment based
579	219		on the ward's preferences;
580	220		(10) to complain or raise concerns regarding the
581	221		guardian or guardianship to the court, including living
582	222		arrangements, retaliation by the guardian, conflicts of interest
583	223		between the guardian and service providers, or a violation of any
584	224		rights under this section;
585	225		(11) to receive notice in the ward's native language,
586	226		or preferred mode of communication, and in a manner accessible to
587	227		the ward, of a court proceeding to continue, modify, or terminate
588	228		the guardianship and the opportunity to appear before the court to
589	229		express the ward's preferences and concerns regarding whether the
590	230		guardianship should be continued, modified, or terminated;
591	231		(12) to have a court investigator or[,] guardian ad
592	232		litem[, or attorney ad litem] appointed by the court to investigate
593	233		a complaint received by the court from the ward or any person about
594	234		the guardianship;
595	235		(13) to participate in social, religious, and
596	236		recreational activities, training, employment, education,
597	237		habilitation, and rehabilitation of the ward's choice in the most
598	238		integrated setting;
599	239		(14) to self-determination in the substantial
600	240		maintenance, disposition, and management of real and personal
601	241		property after essential living expenses and health needs are met,
602	242		including the right to receive notice and object about the
603	243		substantial maintenance, disposition, or management of clothing,
604	244		furniture, vehicles, and other personal effects;
605	245		(15) to personal privacy and confidentiality in
606	246		personal matters, subject to state and federal law;
607	247		(16) to unimpeded, private, and uncensored
608	248		communication and visitation with persons of the ward's choice,
609	249		except that if the guardian determines that certain communication
610	250		or visitation causes substantial harm to the ward:
611	251		(A) the guardian may limit, supervise, or
612	252		restrict communication or visitation, but only to the extent
613	253		necessary to protect the ward from substantial harm; and
614	254		(B) the ward may request a hearing to remove any
615	255		restrictions on communication or visitation imposed by the guardian
616	256		under Paragraph (A);
617	257		(17) to petition the court and retain counsel of the
618	258		ward's choice who holds a certificate required by Subchapter E,
619	259		Chapter 1054, to represent the ward's interest for capacity
620	260		restoration, modification of the guardianship, the appointment of a
621	261		different guardian, or for other appropriate relief under this
622	262		subchapter, including a transition to a supported decision-making
623	263		agreement, except as limited by Section 1054.006;
624	264		(18) to vote in a public election, marry, and retain a
625	265		license to operate a motor vehicle, unless restricted by the court;
626	266		(19) to personal visits from the guardian or the
627	267		guardian's designee at least once every three months, but more
628	268		often, if necessary, unless the court orders otherwise;
629	269		(20) to be informed of the name, address, phone
630	270		number, and purpose of Disability Rights Texas, an organization
631	271		whose mission is to protect the rights of, and advocate for, persons
632	272		with disabilities, and to communicate and meet with representatives
633	273		of that organization;
634	274		(21) to be informed of the name, address, phone
635	275		number, and purpose of an independent living center, an area agency
636	276		on aging, an aging and disability resource center, and the local
637	277		mental health and intellectual and developmental disability
638	278		center, and to communicate and meet with representatives from these
639	279		agencies and organizations;
640	280		(22) to be informed of the name, address, phone
641	281		number, and purpose of the Judicial Branch Certification Commission
642	282		and the procedure for filing a complaint against a certified
643	283		guardian;
644	284		(23) to contact the Department of Family and
645	285		Protective Services to report abuse, neglect, exploitation, or
646	286		violation of personal rights without fear of punishment,
647	287		interference, coercion, or retaliation;
648	288		(24) to have the guardian, on appointment and on
649	289		annual renewal of the guardianship, explain the rights delineated
650	290		in this subsection in the ward's native language, or preferred mode
651	291		of communication, and in a manner accessible to the ward; and
652	292		(25) to make decisions related to sexual assault
653	293		crisis services, including consenting to a forensic medical
654	294		examination and treatment, authorizing the collection of forensic
655	295		evidence, consenting to the release of evidence contained in an
656	296		evidence collection kit and disclosure of related confidential
657	297		information, and receiving counseling and other support services.
658		-	SECTION 33. Sections 1153.001(a) and (c), Estates Code, are
	298	+	SECTION 12. Sections 1153.001(a) and (c), Estates Code, are
659	299		amended to read as follows:
660	300		(a) Within one month after receiving letters of
661	301		guardianship, a guardian of an estate shall provide notice
662	302		requiring each person who has a claim against the estate to present
663	303		the claim within the period prescribed by law. The notice must be:
664	304		(1) published in a newspaper of general circulation
665	305		[printed] in the county in which the letters were issued; and
666	306		(2) sent to the comptroller by certified or registered
667	307		mail, if the ward remitted or should have remitted taxes
668	308		administered by the comptroller.
669	309		(c) If there is no [a] newspaper of general circulation [is
670	310		not printed] in the county in which the letters of guardianship were
671	311		issued, the notice must be posted and the return made and filed as
672	312		otherwise required by this title.
673		-	SECTION 34. Section 1155.054(d), Estates Code, is amended
	313	+	SECTION 13. Section 1155.054(d), Estates Code, is amended
674	314		to read as follows:
675	315		(d) If the court finds that a party in a guardianship
676	316		proceeding acted in bad faith or without just cause in prosecuting
677	317		or objecting to an application in the proceeding, the court may
678	318		order [require] the party to reimburse the ward's estate for all or
679	319		part of the attorney's fees awarded under this section and shall
680	320		issue judgment against the party and in favor of the estate for the
681	321		amount of attorney's fees ordered [required] to be reimbursed to
682	322		the estate.
683		-	SECTION 35. Section 1158.105(a), Estates Code, is amended
	323	+	SECTION 14. Section 1158.105(a), Estates Code, is amended
684	324		to read as follows:
685	325		(a) A successful bid or contract for the sale of estate
686	326		personal property shall be reported to the court. The laws
687	327		regulating the approval [confirmation] or disapproval of a sale of
688	328		real estate apply to the sale [of personal property], except that a
689	329		conveyance is not required.
690		-	SECTION 36. The heading to Subchapter I, Chapter 1158,
	330	+	SECTION 15. The heading to Subchapter I, Chapter 1158,
691	331		Estates Code, is amended to read as follows:
692	332		SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC AUCTION [SALE]
693		-	SECTION 37. Section 1158.401(a), Estates Code, is amended
	333	+	SECTION 16. Section 1158.401(a), Estates Code, is amended
694	334		to read as follows:
695	335		(a) A public sale of real estate of an estate shall be made
696	336		at public auction. Except as otherwise provided by Section
697	337		1158.403(c) [this title], the guardian of the estate shall
698	338		advertise a public auction [sale] of real estate of the estate by a
699	339		notice published in the county in which the estate is pending, as
700	340		provided by this title for publication of notices or citations. The
701	341		notice must [include a reference to]:
702	342		(1) include a reference to the order of sale;
703	343		(2) include the time, place, and required terms of
704	344		sale; and
705	345		(3) briefly describe [a brief description of] the real
706	346		estate to be sold.
707		-	SECTION 38. Section 1158.402, Estates Code, is amended to
	347	+	SECTION 17. Section 1158.402, Estates Code, is amended to
708	348		read as follows:
709	349		Sec. 1158.402. COMPLETION [METHOD] OF AUCTION [SALE]. A
710	350		public auction [sale] of real estate of an estate shall be completed
711	351		on the bid of [made at public auction to] the highest bidder.
712		-	SECTION 39. Section 1158.403, Estates Code, is amended to
	352	+	SECTION 18. Section 1158.403, Estates Code, is amended to
713	353		read as follows:
714	354		Sec. 1158.403. TIME AND PLACE OF AUCTION [SALE]. (a)
715	355		Except as provided by Subsection (c), a public auction [sale] of
716	356		real estate of an estate shall be held [made] at:
717	357		(1) the courthouse door in the county in which the real
718	358		estate is located, or if the real estate is located in more than one
719	359		county, the courthouse door in any county in which the real estate
720	360		is located [guardianship proceedings are pending]; or
721	361		(2) another place in a [that] county described by
722	362		Subdivision (1) at which auctions [sales] of real estate are
723	363		specifically authorized to be held as designated by the
724	364		commissioners court of the county under Section 51.002(a), Property
725	365		Code [made].
726	366		(b) Except as otherwise provided by this subsection, the
727	367		auction [The sale] must occur between 10 a.m. and 4 p.m. on the
728	368		first Tuesday of the month after publication of notice has been
729	369		completed. If the first Tuesday of the month occurs on January 1 or
730	370		July 4, the auction must occur between 10 a.m. and 4 p.m. on the
731	371		first Wednesday of the month.
732	372		(c) If the court considers it advisable, the court may order
733	373		the auction [sale] to be held [made] in the county in which the
734	374		proceedings are pending [real estate is located], in which event
735	375		notice shall be published both in that county and in the county in
736	376		which the real estate is located [proceedings are pending].
737		-	SECTION 40. Section 1158.404, Estates Code, is amended to
	377	+	SECTION 19. Section 1158.404, Estates Code, is amended to
738	378		read as follows:
739	379		Sec. 1158.404. CONTINUANCE OF AUCTION [SALE]. (a) A public
740	380		auction [sale] of real estate of an estate that is not completed on
741	381		the day advertised may be continued from day to day by an oral
742	382		public announcement of the continuance made at the conclusion of
743	383		the auction [sale] each day.
744	384		(b) A continued auction [sale] must occur within the hours
745	385		prescribed by Section 1158.403(b).
746	386		(c) The continuance of an auction [a sale] under this
747	387		section shall be shown in the report [of the sale] made to the court
748	388		under Section 1158.551.
749		-	SECTION 41. Section 1158.405, Estates Code, is amended to
	389	+	SECTION 20. Section 1158.405, Estates Code, is amended to
750	390		read as follows:
751	391		Sec. 1158.405. FAILURE OF BIDDER TO COMPLY. (a) If a
752	392		person who successfully bids on real estate of the guardianship
753	393		estate offered [for sale] at public auction fails to comply with the
754	394		terms of the bid [sale], the property [real estate] shall be
755	395		readvertised and auctioned [sold] without any further order.
756	396		(b) The person defaulting on a bid as described by
757	397		Subsection (a) is liable for payment to the guardian of the estate,
758	398		for the estate's benefit, of:
759	399		(1) 10 percent of the amount of the bid; and
760	400		(2) the amount of any deficiency in price on the second
761	401		auction [sale].
762	402		(c) The guardian shall recover the amounts under Subsection
763	403		(b) by suit in any court in the county in which the auction [sale]
764	404		was held [made] that has jurisdiction over the amount claimed.
765		-	SECTION 42. The heading to Subchapter J, Chapter 1158,
	405	+	SECTION 21. The heading to Subchapter J, Chapter 1158,
766	406		Estates Code, is amended to read as follows:
767	407		SUBCHAPTER J. SALE OF REAL ESTATE: CONTRACT FOR PRIVATE SALE
768		-	SECTION 43. Section 1158.451, Estates Code, is amended to
	408	+	SECTION 22. Section 1158.451, Estates Code, is amended to
769	409		read as follows:
770	410		Sec. 1158.451. TERMS [MANNER] OF SALE. The guardian of the
771	411		estate may enter into a contract for the [A] private sale of real
772	412		estate of the estate [shall be] made in the manner the court directs
773	413		in the order of sale. Unless the court directs otherwise,
774	414		additional advertising, notice, or citation concerning the sale is
775	415		not required.
776		-	SECTION 44. Section 1158.502, Estates Code, is amended to
	416	+	SECTION 23. Section 1158.502, Estates Code, is amended to
777	417		read as follows:
778	418		Sec. 1158.502. PROCEDURE. The procedure for the sale of an
779	419		easement or right-of-way authorized under Section 1158.501 is the
780	420		same as the procedure provided by law for a private sale of real
781	421		property of a ward by contract [at private sale].
782		-	SECTION 45. The heading to Subchapter L, Chapter 1158,
	422	+	SECTION 24. The heading to Subchapter L, Chapter 1158,
783	423		Estates Code, is amended to read as follows:
784	424		SUBCHAPTER L. APPROVAL [CONFIRMATION] OF SALE OF REAL PROPERTY AND
785	425		TRANSFER OF TITLE
786		-	SECTION 46. Section 1158.551, Estates Code, is amended to
	426	+	SECTION 25. Section 1158.551, Estates Code, is amended to
787	427		read as follows:
788	428		Sec. 1158.551. REPORT. A successful bid or private
789	429		contract for the sale of estate real property shall be reported to
790	430		the court ordering the sale not later than the 30th day after the
791	431		date the bid [sale] is made or the property is placed under
792	432		contract. The report must:
793	433		(1) be in writing, sworn to, and filed with the clerk;
794	434		(2) include:
795	435		(A) the date of the order of sale;
796	436		(B) a description of the property being sold;
797	437		(C) the time and place of the auction or date the
798	438		property is placed under contract [sale];
799	439		(D) the purchaser's name;
800	440		(E) the amount of the successful bid or the
801	441		purchase price for [which] each parcel of property or interest in
802	442		the parcel of property auctioned or placed under contract [was
803	443		sold];
804	444		(F) the terms of the sale;
805	445		(G) whether the proposed sale of the property was
806	446		made at public auction or by contract [privately]; and
807	447		(H) whether the purchaser is ready to comply with
808	448		the order of sale; and
809	449		(3) be noted on the guardianship docket.
810		-	SECTION 47. Section 1158.552, Estates Code, is amended to
	450	+	SECTION 26. Section 1158.552, Estates Code, is amended to
811	451		read as follows:
812	452		Sec. 1158.552. ACTION OF COURT ON REPORT [OF SALE]. After
813	453		the expiration of five days from the date a report [of sale] is
814	454		filed under Section 1158.551, the court shall:
815	455		(1) consider [inquire into] the manner in which the
816	456		auction described in the report was held or the contract described
817	457		in the report [sale] was entered into [made];
818	458		(2) consider [hear] evidence in support of or against
819	459		the report; and
820	460		(3) determine the sufficiency or insufficiency of the
821	461		guardian's general bond, if any has been required and given.
822		-	SECTION 48. Section 1158.553, Estates Code, is amended to
	462	+	SECTION 27. Section 1158.553, Estates Code, is amended to
823	463		read as follows:
824	464		Sec. 1158.553. APPROVAL [CONFIRMATION] OF SALE WHEN BOND
825	465		NOT REQUIRED. If the guardian of the estate of a ward is not
826	466		required by Subtitle D to give a general bond, the court may approve
827	467		[confirm] the sale of estate real property in the manner provided by
828	468		Section 1158.556(a) if the court finds that the sale is
829	469		satisfactory and made in accordance with law.
830		-	SECTION 49. Sections 1158.554(a), (b), and (c), Estates
	470	+	SECTION 28. Sections 1158.554(a), (b), and (c), Estates
831	471		Code, are amended to read as follows:
832	472		(a) If the guardian of an estate is required by Subtitle D to
833	473		give a general bond, before the court approves [confirms] any sale
834	474		of real estate, the court shall determine whether the bond is
835	475		sufficient to protect the estate after the sale proceeds are
836	476		received.
837	477		(b) If the court finds that the general bond is sufficient,
838	478		the court may approve [confirm] the sale as provided by Section
839	479		1158.556(a).
840	480		(c) If the court finds that the general bond is
841	481		insufficient, the court may not approve [confirm] the sale until
842	482		the general bond is increased to the amount required by the court,
843	483		or an additional bond is given, and approved by the court.
844		-	SECTION 50. Section 1158.556, Estates Code, is amended to
	484	+	SECTION 29. Section 1158.556, Estates Code, is amended to
845	485		read as follows:
846	486		Sec. 1158.556. APPROVAL [CONFIRMATION] OR DISAPPROVAL
847	487		ORDER. (a) If the court is satisfied that the proposed sale of real
848	488		property [a sale] reported under Section 1158.551 is [was] for a
849	489		fair price, [was] properly made, and [was] in conformity with law,
850	490		and the court has approved any increased or additional bond that the
851	491		court found necessary to protect the estate, the court shall enter
852	492		an order:
853	493		(1) approving [confirming] the sale;
854	494		(2) showing conformity with [the provisions of] this
855	495		chapter [relating to the sale];
856	496		(3) detailing the terms of the sale; and
857	497		(4) authorizing the guardian of the estate to convey
858	498		the property on the purchaser's compliance with the terms of the
859	499		sale.
860	500		(b) If the court is not satisfied that the proposed sale of
861	501		real property is [was] for a fair price, [was] properly made, and
862	502		[was] in conformity with law, the court shall enter [issue] an order
863	503		setting aside the bid or contract [sale] and ordering a new sale to
864	504		be made, if necessary.
865	505		(c) The court's action in approving [confirming] or
866	506		disapproving a report under Section 1158.551 [of a sale] has the
867	507		effect of a final judgment. Any person interested in the
868	508		guardianship estate or in the sale is entitled to have an order
869	509		entered under this section reviewed as in other final judgments in
870	510		probate proceedings.
871		-	SECTION 51. Section 1158.557, Estates Code, is amended to
	511	+	SECTION 30. Section 1158.557, Estates Code, is amended to
872	512		read as follows:
873	513		Sec. 1158.557. DEED. Real estate of an estate that is sold
874	514		shall be conveyed by a proper deed that refers to and identifies the
875	515		court order approving [confirming] the sale. The deed:
876	516		(1) vests in the purchaser all right and title of the
877	517		estate to, and all interest of the estate in, the property; and
878	518		(2) is prima facie evidence that the sale has met all
879	519		applicable requirements of the law.
880		-	SECTION 52. Section 1158.558(a), Estates Code, is amended
	520	+	SECTION 31. Section 1158.558(a), Estates Code, is amended
881	521		to read as follows:
882	522		(a) After the court has approved [confirmed] a sale and the
883	523		[one] purchaser has complied with the terms of the sale, the
884	524		guardian of the estate shall promptly execute and deliver to the
885	525		purchaser a proper deed conveying the property.
886		-	SECTION 53. Section 1163.005(a), Estates Code, is amended
	526	+	SECTION 32. Section 1163.005(a), Estates Code, is amended
887	527		to read as follows:
888	528		(a) The guardian of the estate shall attach to an account
889	529		the guardian's affidavit stating:
890	530		(1) that the account contains a correct and complete
891	531		statement of the matters to which the account relates;
892	532		(2) that the guardian has paid the bond premium for the
893	533		next accounting period;
894	534		(3) that the guardian has filed all tax returns of the
895	535		ward due during the accounting period;
896	536		(4) that the guardian has paid all taxes the ward owed
897	537		during the accounting period, the amount of the taxes, the date the
898	538		guardian paid the taxes, and the name of the governmental entity to
899	539		which the guardian paid the taxes; and
900	540		(5) if the guardian is a private professional
901	541		guardian, a guardianship program, or the Health and Human Services
902	542		Commission [Department of Aging and Disability Services], whether
903	543		the guardian or an individual certified under Subchapter C, Chapter
904	544		155 [111], Government Code, who is providing guardianship services
905	545		to the ward and who is swearing to the account on the guardian's
906	546		behalf, is or has been the subject of an investigation conducted by
907	547		the Judicial Branch [Guardianship] Certification Commission
908	548		[Board] during the accounting period.
909		-	SECTION 54. Section 1163.101(c), Estates Code, is amended
	549	+	SECTION 33. Section 1163.101(c), Estates Code, is amended
910	550		to read as follows:
911	551		(c) The guardian of the person shall file a sworn affidavit
912	552		that contains:
913	553		(1) the guardian's current name, address, and
914	554		telephone number;
915	555		(2) the ward's date of birth and current name, address,
916	556		telephone number, and age;
917	557		(3) a description of the type of home in which the ward
918	558		resides, which shall be described as:
919	559		(A) the ward's own home;
920	560		(B) a nursing home;
921	561		(C) a guardian's home;
922	562		(D) a foster home;
923	563		(E) a boarding home;
924	564		(F) a relative's home, in which case the
925	565		description must specify the relative's relationship to the ward;
926	566		(G) a hospital or medical facility; or
927	567		(H) another type of residence;
928	568		(4) statements indicating:
929	569		(A) the length of time the ward has resided in the
930	570		present home;
931	571		(B) the reason for a change in the ward's
932	572		residence, if a change in the ward's residence has occurred in the
933	573		past year;
934	574		(C) the date the guardian most recently saw the
935	575		ward;
936	576		(D) how frequently the guardian has seen the ward
937	577		in the past year;
938	578		(E) whether the guardian has possession or
939	579		control of the ward's estate;
940	580		(F) whether the ward's mental health has
941	581		improved, deteriorated, or remained unchanged during the past year,
942	582		including a description of the change if a change has occurred;
943	583		(G) whether the ward's physical health has
944	584		improved, deteriorated, or remained unchanged during the past year,
945	585		including a description of the change if a change has occurred;
946	586		(H) whether the ward has regular medical care;
947	587		and
948	588		(I) the ward's treatment or evaluation by any of
949	589		the following persons during the past year, including the person's
950	590		name and a description of the treatment:
951	591		(i) a physician;
952	592		(ii) a psychiatrist, psychologist, or other
953	593		mental health care provider;
954	594		(iii) a dentist;
955	595		(iv) a social or other caseworker; or
956	596		(v) any other individual who provided
957	597		treatment;
958	598		(5) a description of the ward's activities during the
959	599		past year, including recreational, educational, social, and
960	600		occupational activities, or a statement that no activities were
961	601		available or that the ward was unable or refused to participate in
962	602		activities;
963	603		(6) the guardian's evaluation of:
964	604		(A) the ward's living arrangements as excellent,
965	605		average, or below average, including an explanation if the
966	606		conditions are below average;
967	607		(B) whether the ward is content or unhappy with
968	608		the ward's living arrangements; and
969	609		(C) unmet needs of the ward;
970	610		(7) a statement indicating whether the guardian's
971	611		power should be increased, decreased, or unaltered, including an
972	612		explanation if a change is recommended;
973	613		(8) a statement indicating that the guardian has paid
974	614		the bond premium for the next reporting period;
975	615		(9) if the guardian is a private professional
976	616		guardian, a guardianship program, or the Health and Human Services
977	617		Commission [Department of Aging and Disability Services], whether
978	618		the guardian or an individual certified under Subchapter C, Chapter
979	619		155, Government Code, who is providing guardianship services to the
980	620		ward and who is filing the affidavit on the guardian's behalf, is or
981	621		has been the subject of an investigation conducted by the Judicial
982	622		Branch [Guardianship] Certification Commission [Board] during the
983	623		preceding year; and
984	624		(10) any additional information the guardian desires
985	625		to share with the court regarding the ward, including:
986	626		(A) whether the guardian has filed for emergency
987	627		detention of the ward under Subchapter A, Chapter 573, Health and
988	628		Safety Code; and
989	629		(B) if applicable, the number of times the
990	630		guardian has filed for emergency detention and the dates of the
991	631		applications for emergency detention.
992		-	SECTION 55. Section 1251.005, Estates Code, is amended to
993		-	read as follows:
994		-	Sec. 1251.005. CITATION AND NOTICE OF APPLICATION. (a) On
995		-	the filing of an application for temporary guardianship, the court
996		-	clerk shall issue:
997		-	(1) citation [notice] to be served on:
998		-	(A) [(1)] the proposed ward; and
999		-	(B) [(2) the proposed ward's appointed
1000		-	attorney; and
1001		-	[(3)] the proposed temporary guardian named in the
1002		-	application, if that person is not the applicant; and
1003		-	(2) notice to be served on the proposed ward's
1004		-	appointed attorney.
1005		-	(b) The citation or notice issued as provided by Subsection
1006		-	(a) must describe:
1007		-	(1) the rights of the parties; and
1008		-	(2) the date, time, place, purpose, and possible
1009		-	consequences of a hearing on the application.
1010		-	(b-1) The citation issued as provided by Subsection (a) must
1011		-	contain a statement regarding the authority of a person under
1012		-	Section 1051.252 who is interested in the estate or welfare of a
1013		-	proposed ward or, if a guardianship is created, the ward to file
1014		-	with the county clerk a written request to be notified of all, or
1015		-	any specified, motions, applications, or pleadings filed with
1016		-	respect to the temporary guardianship proceeding by any person or
1017		-	by a person specifically designated in the request.
1018		-	(c) A copy of the application must be attached to the
1019		-	citation or notice.
1020		-	SECTION 56. Sections 1251.101(a), (b), and (d), Estates
	632	+	SECTION 34. Sections 1251.101(a), (b), and (d), Estates
1021	633		Code, are amended to read as follows:
1022	634		(a) When the temporary guardian files the oath or
1023	635		declaration prescribed by Section 1105.051 and the bond required
1024	636		under this title, the court order appointing the temporary guardian
1025	637		takes effect without the necessity for issuance of letters of
1026	638		guardianship.
1027	639		(b) The clerk shall note compliance with the oath or
1028	640		declaration and bond requirements by the appointed temporary
1029	641		guardian on a certificate attached to the order.
1030	642		(d) The clerk may not issue certified copies of the order
1031	643		until the oath or declaration and bond requirements are satisfied.
1032		-	SECTION 57. The heading to Section 1251.153, Estates Code,
1033		-	is amended to read as follows:
1034		-	Sec. 1251.153. DELIVERY OF ESTATE, FILING OF FINAL REPORT,
1035		-	AND[;] DISCHARGE OF TEMPORARY GUARDIAN.
1036		-	SECTION 58. Section 1251.153, Estates Code, is amended by
1037		-	adding Subsection (a-1) and amending Subsection (b) to read as
1038		-	follows:
1039		-	(a-1) At the expiration of a temporary guardianship of the
1040		-	person, the temporary guardian shall file with the court clerk a
1041		-	final report that:
1042		-	(1) if the ward is living, describes each reason the
1043		-	temporary guardianship of the person expired, including a statement
1044		-	of facts regarding whether the temporary guardianship expired
1045		-	because:
1046		-	(A) the ward was found by the court to have full
1047		-	capacity, or sufficient capacity with supports and services, to
1048		-	care for himself or herself;
1049		-	(B) alternatives to guardianship have been
1050		-	established to meet the needs of the ward; or
1051		-	(C) a permanent guardian appointed by the court
1052		-	has qualified to serve as the ward's guardian; or
1053		-	(2) if the ward is deceased, includes the date and
1054		-	place of death, if known, in the form and manner of the report
1055		-	required to be filed by a guardian of the person under Section
1056		-	1163.103.
1057		-	(b) On proof of delivery under Subsection (a) and approval
1058		-	by the court of a final report filed with the court clerk under
1059		-	Subsection (a-1), as applicable:
1060		-	(1) the temporary guardian shall be discharged; and
1061		-	(2) the sureties on the temporary guardian's bond
1062		-	shall be released as to future liability.
1063		-	SECTION 59. Section 1253.001, Estates Code, is amended to
1064		-	read as follows:
1065		-	Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO
1066		-	FOREIGN JURISDICTION. On application of the guardian or on the
1067		-	court's own motion, a [A guardian of the person or estate may apply
1068		-	to the] court that has jurisdiction over the guardianship may [to]
1069		-	transfer the guardianship to a court in a foreign jurisdiction to
1070		-	which the ward has permanently moved.
1071		-	SECTION 60. Subchapter B, Chapter 1301, Estates Code, is
	644	+	SECTION 35. Subchapter B, Chapter 1301, Estates Code, is
1072	645		amended by adding Section 1301.0511 to read as follows:
1073	646		Sec. 1301.0511. NOTICE REQUIRED FOR APPLICATION FOR
1074	647		CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED. (a) On the
1075	648		filing of an application for creation of a management trust and
1076	649		except as provided by Subsection (d), notice shall be issued and
1077	650		served in the manner provided by Subchapter C, Chapter 1051, for the
1078	651		issuance and service of notice on the filing of an application for
1079	652		guardianship.
1080	653		(b) It is not necessary to serve a citation on a person who
1081	654		files an application for the creation of a management trust under
1082	655		this subchapter or for that person to waive the issuance and
1083	656		personal service of citation.
1084	657		(c) If the person for whom an application for creation of a
1085	658		management trust is filed is a ward, the sheriff or other officer,
1086	659		in addition to serving the persons described by Section 1051.103,
1087	660		shall personally serve each guardian of the ward with citation to
1088	661		appear and answer the application.
1089	662		(d) Notice under this section is not required if a
1090	663		proceeding for the appointment of a guardian is pending for the
1091	664		person for whom an application for creation of a management trust is
1092	665		filed.
1093		-	SECTION 61. Section 1301.101(a), Estates Code, is amended
	666	+	SECTION 36. Section 1301.101(a), Estates Code, is amended
1094	667		to read as follows:
1095	668		(a) Except as provided by Subsection (c), a management trust
1096	669		created for a ward or incapacitated person must provide that:
1097	670		(1) the ward or incapacitated person is the sole
1098	671		beneficiary of the trust;
1099	672		(2) the trustee may disburse an amount of the trust's
1100	673		principal or income as the trustee determines is necessary to spend
1101	674		for the health, education, maintenance, or support of the person
1102	675		for whom the trust is created;
1103	676		(3) the trust income that the trustee does not
1104	677		disburse under Subdivision (2) must be added to the trust
1105	678		principal;
1106	679		(4) a trustee that is a corporate fiduciary serves
1107	680		without giving a bond; [and]
1108	681		(5) subject to the court's approval and Subsection
1109	682		(b), a trustee is entitled to receive reasonable compensation for
1110	683		services the trustee provides to the person for whom the trust is
1111	684		created as the person's trustee; and
1112	685		(6) the trust terminates:
1113	686		(A) except as provided by Paragraph (B), if the
1114	687		person for whom the trust is created is a minor:
1115	688		(i) on the earlier of:
1116	689		(a) the person's death; or
1117	690		(b) the person's 18th birthday; or
1118	691		(ii) on the date provided by court order,
1119	692		which may not be later than the person's 25th birthday;
1120	693		(B) if the person for whom the trust is created is
1121	694		a minor and is also incapacitated for a reason other than being a
1122	695		minor:
1123	696		(i) on the person's death; or
1124	697		(ii) when the person regains capacity; or
1125	698		(C) if the person for whom the trust is created is
1126	699		not a minor:
1127	700		(i) according to the terms of the trust;
1128	701		(ii) on the date the court determines that
1129	702		continuing the trust is no longer in the person's best interests,
1130	703		subject to Section 1301.202(c); or
1131	704		(iii) on the person's death.
1132		-	SECTION 62. Section 1301.154(b), Estates Code, is amended
	705	+	SECTION 37. Section 1301.154(b), Estates Code, is amended
1133	706		to read as follows:
1134	707		(b) The trustee of a management trust created for a ward
1135	708		shall provide a copy of the annual account to each [the] guardian of
1136	709		the ward [ward's estate or person].
1137		-	SECTION 63. Section 1301.203, Estates Code, is amended by
	710	+	SECTION 38. Section 1301.203, Estates Code, is amended by
1138	711		amending Subsection (a) and adding Subsection (a-1) to read as
1139	712		follows:
1140	713		(a) Except as provided by Subsection (a-1), if [If] the
1141	714		person for whom a management trust is created is a minor, the trust
1142	715		terminates on:
1143	716		(1) the earlier of:
1144	717		(A) the person's death; or
1145	718		(B) the person's 18th birthday; or
1146	719		(2) the date provided by court order, which may not be
1147	720		later than the person's 25th birthday.
1148	721		(a-1) If the person for whom a management trust is created
1149	722		is a minor and is also incapacitated for a reason other than being a
1150	723		minor, the trust terminates:
1151	724		(1) on the person's death; or
1152	725		(2) when the person regains capacity.
1153		-	SECTION 64. Sections 1355.002(b), (c), (d), (e), and (f),
	726	+	SECTION 39. Sections 1355.002(b), (c), (d), (e), and (f),
1154	727		Estates Code, are amended to read as follows:
1155	728		(b) This section applies only to a nonresident creditor who
1156	729		is:
1157	730		(1) a nonresident minor and has a nonresident guardian
1158	731		of the estate appointed by a foreign court;
1159	732		(2) [,] a nonresident person who is adjudged by a
1160	733		foreign court [of competent jurisdiction] to be incapacitated and
1161	734		has a nonresident guardian of the estate appointed by that
1162	735		court;[,] or
1163	736		(3) the nonresident former ward of a guardianship
1164	737		terminated under Chapter 1204 who has no legal guardian qualified
1165	738		in this state.
1166	739		(c) A debtor in this state who owes money to a nonresident
1167	740		creditor to whom this section applies may pay the money:
1168	741		(1) to the creditor's guardian of the estate qualified
1169	742		in the domiciliary jurisdiction; or
1170	743		(2) to the county clerk of:
1171	744		(A) any county in this state in which real
1172	745		property owned by the creditor is located; or
1173	746		(B) if the creditor is not known to own real
1174	747		property in this state, the county in which the debtor resides.
1175	748		(d) A payment made under this section is for the nonresident
1176	749		creditor's account and for the nonresident creditor's use and
1177	750		benefit.
1178	751		(e) A receipt for payment signed by the county clerk is
1179	752		binding on the nonresident creditor as of the date and to the extent
1180	753		of payment if the receipt states:
1181	754		(1) the creditor's name; and
1182	755		(2) the creditor's post office address, if the address
1183	756		is known.
1184	757		(f) A county clerk who receives a payment under Subsection
1185	758		(c) for a nonresident creditor shall handle the money in the same
1186	759		manner as provided for a payment to the account of a resident
1187	760		creditor under Sections 1355.001, 1355.051, 1355.052, 1355.102,
1188	761		1355.103, and 1355.104. Those sections apply to the handling and
1189	762		disposition of money or any increase, dividend, or income paid to
1190	763		the clerk for the use, benefit, and account of the nonresident
1191	764		creditor to whom this section applies.
1192		-	SECTION 65. Section 1355.105, Estates Code, is amended to
	765	+	SECTION 40. Section 1355.105, Estates Code, is amended to
1193	766		read as follows:
1194	767		Sec. 1355.105. WITHDRAWAL OF MONEY BY CREDITOR OR
1195	768		CREDITOR'S HEIR, [OR] REPRESENTATIVE, OR GUARDIAN. (a) On
1196	769		presentation to the court clerk of an order of a county or probate
1197	770		court of the county in which the money is held, money that is not
1198	771		withdrawn by an authorized person as provided by this chapter may be
1199	772		withdrawn by:
1200	773		(1) the creditor, after termination of the creditor's
1201	774		disability;
1202	775		(2) a subsequent personal representative of the
1203	776		creditor; [or]
1204	777		(3) the creditor's heirs; or
1205	778		(4) a nonresident guardian of the estate appointed by
1206	779		a foreign court for a creditor who is:
1207	780		(A) a nonresident minor; or
1208	781		(B) a nonresident person who is adjudged to be
1209	782		incapacitated.
1210	783		(b) Except as provided by Subsection (b-1), a [A] withdrawal
1211	784		under Subsection (a) may be made at any time and without a special
1212	785		bond for that purpose.
1213	786		(b-1) A court may require a nonresident guardian of the
1214	787		estate of a creditor who is a nonresident minor or nonresident
1215	788		incapacitated person as described by Subsection (a)(4) to provide
1216	789		proof that the nonresident guardian of the estate gave an adequate
1217	790		bond in the foreign jurisdiction if the court determines that it is
1218	791		in the nonresident minor's or nonresident incapacitated person's
1219	792		best interest.
1220	793		(c) The order presented under Subsection (a) must direct the
1221	794		court clerk to deliver the money to:
1222	795		(1) the creditor;
1223	796		(2) [,] the creditor's personal representative;
1224	797		(3) [, or] the creditor's heirs named in the order; or
1225	798		(4) if the creditor is a nonresident minor or
1226	799		nonresident person who is adjudged to be incapacitated, the
1227	800		creditor's nonresident guardian of the estate.
1228	801		(d) Before the court may issue an order under this section,
1229	802		the person's identity and credentials must be proved to the court's
1230	803		satisfaction. For purposes of this subsection, a nonresident
1231	804		guardian of the estate described by Subsection (c)(4) must present
1232	805		to the court exemplified copies of the order of a foreign court
1233	806		appointing the guardian and current letters of guardianship issued
1234	807		in the foreign jurisdiction.
1235		-	SECTION 66. Section 25.0006, Government Code, is amended by
1236		-	amending Subsection (a) and adding Subsection (a-5) to read as
1237		-	follows:
1238		-	(a) Notwithstanding any other law except Subsection (a-4),
1239		-	Subsections (a-1), (a-2), [and] (a-3), and (a-5) control over a
1240		-	specific provision for a particular court or county that attempts
1241		-	to create a requirement for a bond or insurance that conflicts with
1242		-	those subsections.
1243		-	(a-5) A bond executed under Subsection (a-1) by the judge
1244		-	elected or appointed to a statutory county court or an insurance
1245		-	policy obtained under Subsection (a-3) shall provide the same
1246		-	coverage to a visiting judge assigned to the court or associate
1247		-	judge appointed to serve the court as the bond or insurance policy
1248		-	provides to the judge elected or appointed to the court.
1249		-	SECTION 67. Section 25.00231, Government Code, is amended
1250		-	by adding Subsection (f) to read as follows:
1251		-	(f) Notwithstanding Subsection (e), a bond executed under
1252		-	Subsection (b) by the judge elected or appointed to a statutory
1253		-	probate court or an insurance policy obtained under Subsection (c)
1254		-	shall provide the same coverage to a visiting judge assigned to the
1255		-	court or to an associate judge appointed by the court as the bond or
1256		-	insurance policy provides to the judge elected or appointed to the
1257		-	court.
1258		-	SECTION 68. Section 25.0027, Government Code, is amended to
1259		-	read as follows:
1260		-	Sec. 25.0027. JURIES; PRACTICE AND PROCEDURE. The drawing
1261		-	of jury panels, selection of jurors, and practice in the statutory
1262		-	probate courts must conform to that prescribed by law for county
1263		-	courts, except that practice, procedure, rules of evidence,
1264		-	issuance of process and writs, juries, including the number of
1265		-	jurors provided the parties to a proceeding may agree to try a
1266		-	particular case with fewer than 12 jurors, and all other matters
1267		-	pertaining to the conduct of trials and hearings in the statutory
1268		-	probate courts involving those matters of concurrent jurisdiction
1269		-	with district courts are governed by the laws and rules pertaining
1270		-	to district courts.
1271		-	SECTION 69. Section 74.141, Government Code, is amended to
1272		-	read as follows:
1273		-	Sec. 74.141. DEFENSE OF JUDGES. The attorney general shall
1274		-	defend a state district judge, a presiding judge of an
1275		-	administrative region, the presiding judge of the statutory probate
1276		-	courts, a visiting judge assigned to hear a guardianship or probate
1277		-	matter by the presiding judge of the statutory probate courts, or an
1278		-	active, retired, or former judge assigned under this chapter in any
1279		-	action or suit in any court in which the judge is a defendant
1280		-	because of the judge's [his] office or capacity as judge if the
1281		-	judge requests the attorney general's assistance in the defense of
1282		-	the suit.
1283		-	SECTION 70. Section 81.114, Government Code, is amended by
1284		-	amending Subsection (a) and adding Subsection (e) to read as
1285		-	follows:
1286		-	(a) The state bar shall provide a course of instruction for
1287		-	attorneys who represent any person's interests [parties] in
1288		-	guardianship cases or who serve as court-appointed guardians.
1289		-	(e) The course of instruction described by this section must
1290		-	be low-cost and available to persons throughout this state,
1291		-	including on the Internet provided through the state bar.
1292		-	SECTION 71. Section 155.205(b), Government Code, is amended
1293		-	to read as follows:
1294		-	(b) The commission shall obtain:
1295		-	(1) fingerprint-based criminal history record
1296		-	information of a proposed guardian [an applicant] if:
1297		-	(A) the liquid assets of the estate of a ward
1298		-	exceed $50,000; or
1299		-	(B) the proposed guardian is not a resident of
1300		-	this state; or
1301		-	(2) name-based criminal history record information of
1302		-	a proposed guardian, including any criminal history record
1303		-	information under the current name and all former names of the
1304		-	proposed guardian, [an applicant] if:
1305		-	(A) the liquid assets of the estate of a ward are
1306		-	$50,000 or less; and
1307		-	(B) the proposed guardian is a resident of this
1308		-	state.
1309		-	SECTION 72. (a) Except as otherwise provided by this Act,
1310		-	the changes in law made by this Act apply to:
	808	+	SECTION 41. (a) Except as otherwise provided by this
	809	+	section, the changes in law made by this Act apply to:
1311	810		(1) a guardianship created before, on, or after the
1312	811		effective date of this Act; and
1313	812		(2) an application for a guardianship pending on, or
1314	813		filed on or after, the effective date of this Act.
1315		-	(b) Section 202.054, Estates Code, as amended by this Act,
1316		-	applies only to a proceeding to declare heirship commenced on or
1317		-	after the effective date of this Act. A proceeding to declare
1318		-	heirship commenced before that date is governed by the law in effect
1319		-	on the date the proceeding was commenced, and the former law is
1320		-	continued in effect for that purpose.
1321		-	(c) Section 452.006(c), Estates Code, as added by this Act,
1322		-	applies only to a temporary administrator appointed on or after the
1323		-	effective date of this Act. A temporary administrator appointed
1324		-	before the effective date of this Act is governed by the law in
1325		-	effect on the date the administrator was appointed, and the former
1326		-	law is continued in effect for that purpose.
1327		-	(d) Section 503.002, Estates Code, as amended by this Act,
1328		-	applies only to a copy of a testamentary instrument or other
1329		-	document filed for recording on or after the effective date of this
1330		-	Act. A copy of a testamentary instrument or other document filed
1331		-	before the effective date of this Act is governed by the law in
1332		-	effect on the date the instrument or document was filed, and the
1333		-	former law is continued in effect for that purpose.
1334		-	(e) The changes in law made by this Act to Section 1021.001,
	814	+	(b) The changes in law made by this Act to Section 1021.001,
1335	815		Estates Code, apply only to an action filed on or after the
1336	816		effective date of this Act. An action filed before the effective
1337	817		date of this Act is governed by the law in effect on the date the
1338	818		action was filed, and the former law is continued in effect for that
1339	819		purpose.
1340		-	(f) Sections 1101.001 and 1251.005, Estates Code, as
1341		-	amended by this Act, apply only to an application for the
1342		-	appointment of a guardian or temporary guardian filed on or after
1343		-	the effective date of this Act. An application for the appointment
1344		-	of a guardian or temporary guardian filed before the effective date
1345		-	of this Act is governed by the law in effect on the date the
1346		-	application was filed, and the former law is continued in effect for
1347		-	that purpose.
1348		-	(g) Sections 1054.201 and 1101.153, Estates Code, as
1349		-	amended by this Act, and Section 155.205, Government Code, as
1350		-	amended by this Act, apply only to a guardianship proceeding
1351		-	commenced on or after the effective date of this Act. A
1352		-	guardianship proceeding commenced before the effective date of this
1353		-	Act is governed by the law applicable to the proceeding immediately
1354		-	before the effective date of this Act, and the former law is
1355		-	continued in effect for that purpose.
1356		-	(h) The changes in law made by this Act to Section 1251.101,
	820	+	(c) The changes in law made by this Act to Section 1251.101,
1357	821		Estates Code, and Chapter 1105, Estates Code, apply only to the
1358	822		qualification of a guardian that occurs on or after the effective
1359	823		date of this Act. The qualification of a guardian that occurs
1360	824		before the effective date of this Act is governed by the law in
1361	825		effect on the date the guardian qualifies to serve, and the former
1362	826		law is continued in effect for that purpose.
1363		-	(i) Section 1301.0511, Estates Code, as added by this Act,
	827	+	(d) Section 1301.0511, Estates Code, as added by this Act,
1364	828		applies only to an application for creation of a management trust
1365	829		filed on or after the effective date of this Act. An application
1366	830		for creation of a management trust filed before the effective date
1367	831		of this Act is governed by the law in effect on the date the
1368	832		application was filed, and the former law is continued in effect for
1369	833		that purpose.
1370		-	(j) The changes in law made by this Act to Sections 1301.101
	834	+	(e) The changes in law made by this Act to Sections 1301.101
1371	835		and 1301.203, Estates Code, apply only to an application for the
1372	836		creation or modification of a management trust filed on or after the
1373	837		effective date of this Act. An application for the creation or
1374	838		modification of a management trust filed before the effective date
1375	839		of this Act is governed by the law in effect on the date the
1376	840		application was filed, and the former law is continued in effect for
1377	841		that purpose.
1378		-	(k) The changes in law made by this Act to Section 1355.105,
	842	+	(f) The changes in law made by this Act to Section 1355.105,
1379	843		Estates Code, apply only to an application for an order for the
1380	844		delivery of money that is filed on or after the effective date of
1381	845		this Act. An application for an order for the delivery of money
1382	846		that is filed before the effective date of this Act is governed by
1383	847		the law in effect on the date the application was filed, and the
1384	848		former law is continued in effect for that purpose.
1385		-	(l) The changes in law made by this Act to Sections 25.0006
1386		-	and 25.00231, Government Code, apply only to an insurance policy
1387		-	delivered, issued for delivery, or renewed on or after January 1,
1388		-	2022. An insurance policy delivered, issued for delivery, or
1389		-	renewed before January 1, 2022, is governed by the law as it existed
1390		-	immediately before the effective date of this Act, and that law is
1391		-	continued in effect for that purpose.
1392		-	(m) Section 74.141, Government Code, as amended by this Act,
1393		-	applies to a cause of action filed on or after the effective date of
1394		-	this Act. A cause of action filed before the effective date of this
1395		-	Act is governed by the law in effect immediately before the
1396		-	effective date of this Act, and that law is continued in effect for
1397		-	that purpose.
1398		-	SECTION 73. This Act takes effect September 1, 2021.
1399		-	______________________________ ______________________________
1400		-	President of the Senate Speaker of the House
1401		-	I hereby certify that S.B. No. 626 passed the Senate on
1402		-	March 25, 2021, by the following vote: Yeas 30, Nays 0;
1403		-	May 25, 2021, Senate refused to concur in House amendments and
1404		-	requested appointment of Conference Committee; May 27, 2021, House
1405		-	granted request of the Senate; May 29, 2021, Senate adopted
1406		-	Conference Committee Report by the following vote: Yeas 31,
1407		-	Nays 0.
1408		-	______________________________
1409		-	Secretary of the Senate
1410		-	I hereby certify that S.B. No. 626 passed the House, with
1411		-	amendments, on May 20, 2021, by the following vote: Yeas 146,
1412		-	Nays 0, one present not voting; May 27, 2021, House granted request
1413		-	of the Senate for appointment of Conference Committee;
1414		-	May 30, 2021, House adopted Conference Committee Report by the
1415		-	following vote: Yeas 139, Nays 1, one present not voting.
1416		-	______________________________
1417		-	Chief Clerk of the House
1418		-	Approved:
1419		-	______________________________
1420		-	Date
1421		-	______________________________
1422		-	Governor
	849	+	SECTION 42. This Act takes effect September 1, 2021.