Texas 2023 - 88th Regular

Texas House Bill HB3184 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R20532 EAS-F
2	2	By: Thompson of Harris H.B. No. 3184
3	3	Substitute the following for H.B. No. 3184:
4	4	By: Flores C.S.H.B. No. 3184
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to guardianships and the delivery of certain notices or
10	10	other communications in connection with guardianship proceedings.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 1002, Estates Code, is amended by adding
13	13	Section 1002.0265 to read as follows:
14	14	Sec. 1002.0265. QUALIFIED DELIVERY METHOD. "Qualified
15	15	delivery method" means delivery by:
16	16	(1) hand delivery by courier, with courier's proof of
17	17	delivery receipt;
18	18	(2) certified or registered mail, return receipt
19	19	requested, with return receipt; or
20	20	(3) a private delivery service designated as a
21	21	designated delivery service by the United States Secretary of the
22	22	Treasury under Section 7502(f)(2), Internal Revenue Code of 1986,
23	23	with proof of delivery receipt.
24	24	SECTION 2. Section 1023.004(c), Estates Code, is amended to
25	25	read as follows:
26	26	(c) If a court made a motion to transfer a guardianship, the
27	27	guardian shall be given notice by a qualified delivery method
28	28	[certified mail] to appear and show cause why the guardianship
29	29	should not be transferred.
30	30	SECTION 3. The heading to Section 1051.052, Estates Code,
31	31	is amended to read as follows:
32	32	Sec. 1051.052. SERVICE BY MAIL OR QUALIFIED DELIVERY
33	33	METHOD.
34	34	SECTION 4. Section 1051.052, Estates Code, is amended by
35	35	amending Subsections (b), (c), (d), (e), and (f) and adding
36	36	Subsection (h) to read as follows:
37	37	(b) Except as provided by Subsection (c), the county clerk
38	38	shall issue a citation or notice required or permitted to be served
39	39	by a qualified delivery method [registered or certified mail] and
40	40	shall serve the citation or notice by sending [mailing] the
41	41	original citation or notice by a qualified delivery method
42	42	[registered or certified mail].
43	43	(c) A guardian shall issue a notice required to be given by
44	44	the guardian by a qualified delivery method [registered or
45	45	certified mail] and shall serve the notice by sending [mailing] the
46	46	original notice by a qualified delivery method [registered or
47	47	certified mail].
48	48	(d) The county clerk or guardian, as applicable, shall send
49	49	[mail] a citation or notice under Subsection (b) or (c) with an
50	50	instruction to deliver the citation or notice to the addressee only
51	51	and with return receipt or other proof of delivery requiring
52	52	recipient signature requested. The clerk or guardian, as
53	53	applicable, shall address the envelope containing the citation or
54	54	notice to:
55	55	(1) the attorney of record in the proceeding for the
56	56	person to be cited or notified; or
57	57	(2) the person to be cited or notified, if the citation
58	58	or notice to the attorney is returned undelivered or the person to
59	59	be cited or notified has no attorney of record in the proceeding.
60	60	(e) Service by a qualified delivery method [mail] must be
61	61	made at least 20 days before the return day of the citation or
62	62	notice, excluding the date of service. The date of service [by
63	63	mail] is the date of mailing, the date of deposit with the private
64	64	delivery service, or the date of delivery by courier, as
65	65	applicable.
66	66	(f) A copy of a citation or notice served under Subsection
67	67	(a), (b), or (c) and a certificate of the person serving the
68	68	citation or notice showing that the citation or notice was sent
69	69	[mailed] and the date of the mailing, the date of deposit with a
70	70	private delivery service, or the date of delivery by courier, as
71	71	applicable, shall be filed and recorded. A returned receipt or
72	72	other proof of delivery receipt for a citation or notice served
73	73	under Subsection (b) or (c) shall be attached to the certificate.
74	74	(h) The applicant or movant in a guardianship proceeding
75	75	shall pay the cost of delivery of a citation or notice under this
76	76	section.
77	77	SECTION 5. Sections 1051.055(a) and (b), Estates Code, are
78	78	amended to read as follows:
79	79	(a) If a party is represented by an attorney of record in a
80	80	guardianship proceeding, including a proposed ward who has been
81	81	personally served with notice of the proceeding and is represented
82	82	by an attorney ad litem, a citation or notice required to be served
83	83	on the party shall be served instead on that attorney.
84	84	(b) A notice served on an attorney under this section may be
85	85	served by[:
86	86	[(1)] delivery to the attorney in person or by a
87	87	qualified delivery method [;
88	88	[(2) registered or certified mail, return receipt
89	89	requested; or
90	90	[(3) any other form of mail that requires proof of
91	91	delivery].
92	92	SECTION 6. Section 1051.056, Estates Code, is amended to
93	93	read as follows:
94	94	Sec. 1051.056. SERVICE ON GUARDIAN OR RECEIVER. Unless
95	95	this title expressly provides for another method of service, the
96	96	county clerk who issues a citation or notice required to be served
97	97	on a guardian or receiver shall serve the citation or notice by
98	98	sending [mailing] the original citation or notice by a qualified
99	99	delivery method [registered or certified mail] to:
100	100	(1) the guardian's or receiver's attorney of record;
101	101	or
102	102	(2) the guardian or receiver, if the guardian or
103	103	receiver does not have an attorney of record.
104	104	SECTION 7. Sections 1051.104(a) and (b), Estates Code, are
105	105	amended to read as follows:
106	106	(a) The person filing an application for guardianship shall
107	107	send [mail] a copy of the application and a notice containing the
108	108	information required in the citation issued under Section 1051.102
109	109	by a qualified delivery method [registered or certified mail,
110	110	return receipt requested, or by any other form of mail that provides
111	111	proof of delivery,] to the following persons, if their whereabouts
112	112	are known or can be reasonably ascertained:
113	113	(1) each adult child of the proposed ward;
114	114	(2) each adult sibling of the proposed ward;
115	115	(3) the administrator of a nursing home facility or
116	116	similar facility in which the proposed ward resides;
117	117	(4) the operator of a residential facility in which
118	118	the proposed ward resides;
119	119	(5) a person whom the applicant knows to hold a power
120	120	of attorney signed by the proposed ward;
121	121	(6) a person designated to serve as guardian of the
122	122	proposed ward by a written declaration under Subchapter E, Chapter
123	123	1104, if the applicant knows of the existence of the declaration;
124	124	(7) a person designated to serve as guardian of the
125	125	proposed ward in the probated will of the last surviving parent of
126	126	the proposed ward;
127	127	(8) a person designated to serve as guardian of the
128	128	proposed ward by a written declaration of the proposed ward's last
129	129	surviving parent, if the declarant is deceased and the applicant
130	130	knows of the existence of the declaration; and
131	131	(9) each adult named in the application as an "other
132	132	living relative" of the proposed ward within the third degree by
133	133	consanguinity, as required by Section 1101.001(b)(11) or (13), if
134	134	the proposed ward's spouse and each of the proposed ward's parents,
135	135	adult siblings, and adult children are deceased or there is no
136	136	spouse, parent, adult sibling, or adult child.
137	137	(b) The applicant shall file with the court:
138	138	(1) a copy of any notice required by Subsection (a) and
139	139	the return receipts or other proofs of delivery of the notice; and
140	140	(2) an affidavit sworn to by the applicant or the
141	141	applicant's attorney stating:
142	142	(A) that the notice was sent [mailed] as required
143	143	by Subsection (a); and
144	144	(B) the name of each person to whom the notice was
145	145	sent [mailed], if the person's name is not shown on the return
146	146	receipt or other proof of delivery.
147	147	SECTION 8. Section 1051.153(b), Estates Code, is amended to
148	148	read as follows:
149	149	(b) Proof of service consists of:
150	150	(1) if the service is made by a sheriff or constable,
151	151	the return of service;
152	152	(2) if the service is made by a private person, the
153	153	person's affidavit;
154	154	(3) if the service is made by mail or by a qualified
155	155	delivery method:
156	156	(A) the certificate of the county clerk making
157	157	the service, or the affidavit of the guardian or other person making
158	158	the service that states that the citation or notice was mailed or
159	159	sent by a qualified delivery method and the date of the mailing, the
160	160	date of deposit with the private delivery service, or the date of
161	161	delivery by courier, as applicable; and
162	162	(B) the return receipt or other proof of delivery
163	163	receipt attached to the certificate or affidavit, as applicable, if
164	164	the service [mailing] was made by a qualified delivery method
165	165	[registered or certified mail and a receipt has been returned]; and
166	166	(4) if the service is made by publication:
167	167	(A) a statement that:
168	168	(i) is made by the Office of Court
169	169	Administration of the Texas Judicial System or an employee of the
170	170	office;
171	171	(ii) contains or to which is attached a copy
172	172	of the published citation or notice; and
173	173	(iii) states the date of publication on the
174	174	public information Internet website maintained as required by
175	175	Section 72.034, Government Code [, as added by Chapter 606 (S.B.
176	176	891), Acts of the 86th Legislature, Regular Session, 2019]; and
177	177	(B) an affidavit that:
178	178	(i) is made by the publisher of the
179	179	newspaper in which the citation or notice was published or an
180	180	employee of the publisher;
181	181	(ii) contains or to which is attached a copy
182	182	of the published citation or notice; and
183	183	(iii) states the date of publication
184	184	printed on the newspaper in which the citation or notice was
185	185	published.
186	186	SECTION 9. Section 1057.002(b), Estates Code, is amended to
187	187	read as follows:
188	188	(b) The resident agent shall send, by a qualified delivery
189	189	method [certified mail, return receipt requested], a copy of a
190	190	resignation statement filed under Subsection (a) to:
191	191	(1) the guardian at the address most recently known by
192	192	the resident agent; and
193	193	(2) each party in the case or the party's attorney or
194	194	other designated representative of record.
195	195	SECTION 10. Section 1104.103, Estates Code, is amended by
196	196	amending Subsections (a) and (b) and adding Subsection (a-1) to
197	197	read as follows:
198	198	(a) The surviving parent of an adult individual who is an
199	199	incapacitated person may, if the parent is the guardian of the
200	200	person or estate of the adult individual, by will or written
201	201	declaration appoint an eligible person to serve as guardian of the
202	202	person or estate, as applicable, of the adult individual:
203	203	(1) after the parent dies;
204	204	(2) in the event the parent resigns as guardian of the
205	205	person or estate; or
206	206	(3) in the event of the parent's incapacity.
207	207	(a-1) If the surviving parent is both the guardian of the
208	208	person and estate of the adult individual, the surviving parent may
209	209	by will or written declaration appoint different eligible persons
210	210	to serve as guardian of the person and guardian of the estate.
211	211	(b) After the surviving parent dies or resigns as guardian,
212	212	or if the court finds the surviving parent has become an
213	213	incapacitated person after being appointed the adult individual's
214	214	guardian, the court shall appoint the person or persons designated
215	215	in the will or declaration to serve as guardian of the person,
216	216	guardian of the estate, or both, in preference to any other person
217	217	otherwise entitled to serve as guardian under this title, unless
218	218	the court finds that the person designated to serve as guardian:
219	219	(1) is disqualified;
220	220	(2) is deceased;
221	221	(3) refuses to serve; or
222	222	(4) would not serve the adult individual's best
223	223	interests.
224	224	SECTION 11. Section 1105.002(a), Estates Code, is amended
225	225	to read as follows:
226	226	(a) Except as provided by Subsection (b), a guardian is
227	227	considered to have qualified when the guardian has:
228	228	(1) taken and filed the oath, or made and filed the
229	229	declaration, required under Section 1105.051;
230	230	(2) given the required bond;
231	231	(3) [filed the bond with the clerk; and
232	232	[(4)] obtained the judge's approval of the bond; and
233	233	(4) filed the bond with the clerk.
234	234	SECTION 12. Section 1106.001(a), Estates Code, is amended
235	235	to read as follows:
236	236	(a) When a person who is appointed guardian has qualified
237	237	under Section 1105.002, the clerk shall issue to the guardian a
238	238	certificate under the court's seal stating:
239	239	(1) the fact of the appointment and of the
240	240	qualification;
241	241	(2) the date of the appointment and of the
242	242	qualification; and
243	243	(3) the date the letters of guardianship expire.
244	244	SECTION 13. Section 1106.005, Estates Code, is amended to
245	245	read as follows:
246	246	Sec. 1106.005. EFFECT OF LETTERS [OR
247	247	CERTIFICATE]. (a) Letters of guardianship [or a certificate]
248	248	issued as prescribed by [under] Section 1106.001 under the court's
249	249	seal by [of] the clerk of the court that granted the letters are
250	250	[is] sufficient evidence of:
251	251	(1) the appointment and qualification of the guardian;
252	252	and
253	253	(2) the date of qualification.
254	254	(b) The court order that appoints the guardian is evidence
255	255	of the authority granted to the guardian and of the scope of the
256	256	powers and duties that the guardian may exercise only after the date
257	257	letters of guardianship [or a certificate has] have been issued
258	258	under Section 1106.001.
259	259	SECTION 14. Subchapter B, Chapter 1151, Estates Code, is
260	260	amended by adding Section 1151.0525 to read as follows:
261	261	Sec. 1151.0525. ACCESS AND MANAGEMENT OF WARD'S FUNDS BY
262	262	GUARDIAN OF PERSON. (a) This section applies only to the guardian
263	263	of the person of a ward for whom the court has not appointed a
264	264	guardian of the estate.
265	265	(b) On application to and order from the court, the guardian
266	266	of the person of a ward may access, manage, and spend the ward's
267	267	funds in an amount not to exceed $20,000 per year for the ward's
268	268	benefit. The court shall require the guardian to file a new bond or
269	269	a rider to an existing bond that meets the surety requirements for a
270	270	guardian of the estate's bond under Section 1105.160.
271	271	(c) A guardian of the person shall include any expenditures
272	272	made for the benefit of the ward if authorized by court order under
273	273	Subsection (b) in the annual report required by Section 1163.101.
274	274	(d) When there is no longer a need for the guardian of the
275	275	person to access, manage, or spend the ward's funds, the guardian of
276	276	the person shall file a sworn affidavit of fulfillment with the
277	277	court. After the filing of the affidavit, the court, on motion
278	278	filed with the court, may authorize the guardian to file a new bond
279	279	or a rider to an existing bond that meets the requirements for a
280	280	guardian of the person's bond under Section 1105.102, and may
281	281	discharge the guardian of the person and the guardian's sureties on
282	282	a bond required by Subsection (b).
283	283	SECTION 15. Section 1153.001(a), Estates Code, is amended
284	284	to read as follows:
285	285	(a) Within one month after receiving letters of
286	286	guardianship, a guardian of an estate shall provide notice
287	287	requiring each person who has a claim against the estate to present
288	288	the claim within the period prescribed by law. The notice must be:
289	289	(1) published in a newspaper of general circulation in
290	290	the county in which the letters were issued; and
291	291	(2) sent to the comptroller by a qualified delivery
292	292	method [certified or registered mail], if the ward remitted or
293	293	should have remitted taxes administered by the comptroller.
294	294	SECTION 16. Sections 1153.003(b) and (c), Estates Code, are
295	295	amended to read as follows:
296	296	(b) Notice provided under this section must be:
297	297	(1) sent by a qualified delivery method [certified or
298	298	registered mail, return receipt requested]; and
299	299	(2) addressed to the record holder of the claim at the
300	300	record holder's last known post office address.
301	301	(c) The following shall be filed in the court from which the
302	302	letters of guardianship were issued:
303	303	(1) a copy of each notice required by Subsection
304	304	(a)(1) with the return receipt or other proof of delivery, if
305	305	available; and
306	306	(2) the guardian's affidavit stating:
307	307	(A) that the notice was sent [mailed] as required
308	308	by law; and
309	309	(B) the name of the person to whom the notice was
310	310	sent [mailed], if that name is not shown on the notice or receipt.
311	311	SECTION 17. Section 1153.005(a), Estates Code, is amended
312	312	to read as follows:
313	313	(a) A guardian of an estate is not required to give a notice
314	314	required by Section 1153.001 or 1153.003 if another person also
315	315	appointed as guardian or a former guardian has given that notice.
316	316	SECTION 18. Section 1155.002(a), Estates Code, is amended
317	317	to read as follows:
318	318	(a) The court may authorize compensation for a guardian
319	319	serving as a guardian of the person alone from available funds of
320	320	the ward's estate or other funds available for that purpose. The
321	321	court may set the compensation in an amount not to exceed the
322	322	greater of $3,000 per year or five percent of the ward's gross
323	323	income.
324	324	SECTION 19. Section 1156.052(c), Estates Code, is amended
325	325	to read as follows:
326	326	(c) A person who makes an application to the court under
327	327	this section shall send [mail] notice of the application by a
328	328	qualified delivery method [certified mail] to all interested
329	329	persons.
330	330	SECTION 20. Section 1162.003, Estates Code, is amended to
331	331	read as follows:
332	332	Sec. 1162.003. NOTICE OF APPLICATION FOR ESTABLISHMENT OF
333	333	ESTATE OR OTHER TRANSFER PLAN. A person who makes an application
334	334	to the court under Section 1162.001 shall send [mail] notice of the
335	335	application by a qualified delivery method [certified mail] to:
336	336	(1) all devisees under a will, trust, or other
337	337	beneficial instrument relating to the ward's estate;
338	338	(2) the ward's spouse;
339	339	(3) the ward's dependents; and
340	340	(4) any other person as directed by the court.
341	341	SECTION 21. Section 1162.006(b), Estates Code, is amended
342	342	to read as follows:
343	343	(b) Notice required by Subsection (a) must be sent
344	344	[delivered] by a qualified delivery method[:
345	345	[(1) registered or certified mail to a person
346	346	described by Subsection (a)(1); and
347	347	[(2) certified mail to a person described by
348	348	Subsection (a)(2), (3), (4), or (5)].
349	349	SECTION 22. Section 1202.054(b-2), Estates Code, is amended
350	350	to read as follows:
351	351	(b-2) Not later than the 30th day after the date the court
352	352	receives an informal letter from a ward under Subsection (a), the
353	353	court shall send the ward a letter by a qualified delivery method
354	354	[certified mail]:
355	355	(1) acknowledging receipt of the informal letter; and
356	356	(2) advising the ward of the date on which the court
357	357	appointed the court investigator or guardian ad litem as required
358	358	under Subsection (b) and the contact information for the court
359	359	investigator or guardian ad litem.
360	360	SECTION 23. Sections 1203.052(a-1) and (b), Estates Code,
361	361	are amended to read as follows:
362	362	(a-1) The court may remove a guardian for a reason listed in
363	363	Subsection (a) on the:
364	364	(1) court's own motion, after the guardian has been
365	365	notified[,] by a qualified delivery method [certified mail, return
366	366	receipt requested,] to answer at a time and place set in the notice;
367	367	or
368	368	(2) complaint of an interested person, after the
369	369	guardian has been cited by personal service to answer at a time and
370	370	place set in the notice.
371	371	(b) In addition to the authority granted to the court under
372	372	Subsection (a), the court may, on the complaint of the guardianship
373	373	certification program of the Judicial Branch Certification
374	374	Commission, remove a guardian who would be ineligible for
375	375	appointment under Subchapter H, Chapter 1104, because of the
376	376	guardian's failure to maintain the certification required under
377	377	Subchapter F, Chapter 1104. The guardian shall be given notice[,]
378	378	by a qualified delivery method [certified mail, return receipt
379	379	requested,] to appear and contest the request for removal under
380	380	this subsection at a time and place set in the notice.
381	381	SECTION 24. Section 1351.001(a), Estates Code, is amended
382	382	to read as follows:
383	383	(a) A parent or managing conservator of a minor who is not a
384	384	ward may apply to the court under this subchapter for an order to
385	385	sell an interest of the minor in property without being appointed
386	386	guardian if the net value of the interest does not exceed $250,000
387	387	[$100,000].
388	388	SECTION 25. Section 1351.052, Estates Code, is amended to
389	389	read as follows:
390	390	Sec. 1351.052. AUTHORITY TO SELL WARD'S INTEREST IN
391	391	PROPERTY WITHOUT APPOINTMENT AS GUARDIAN OF THE ESTATE IN THIS
392	392	STATE. A guardian of the person of a ward or a guardian of the
393	393	person or estate of a ward appointed by a foreign court may apply to
394	394	the court under this subchapter for an order to sell an interest in
395	395	property in the ward's estate without being appointed guardian of
396	396	the ward's estate in this state if the net value of the interest
397	397	does not exceed $250,000 [$100,000].
398	398	SECTION 26. Section 1352.052(a), Estates Code, is amended
399	399	to read as follows:
400	400	(a) If the net value of a minor's interest in a residence
401	401	homestead does not exceed $250,000 [$100,000], a parent, subject to
402	402	Subsection (b), or managing conservator of the minor may apply to
403	403	the court under this subchapter for an order authorizing the parent
404	404	or managing conservator to receive on the minor's behalf, without
405	405	being appointed guardian, an extension of credit that is secured
406	406	wholly or partly by a lien on the homestead.
407	407	SECTION 27. Section 1352.102, Estates Code, is amended to
408	408	read as follows:
409	409	Sec. 1352.102. AUTHORITY TO MORTGAGE MINOR WARD'S INTEREST
410	410	WITHOUT GUARDIANSHIP OF THE ESTATE. If the net value of a minor
411	411	ward's interest in a residence homestead does not exceed $250,000
412	412	[$100,000], the guardian of the person of the ward may apply to the
413	413	court under this subchapter for an order authorizing the guardian
414	414	to receive on the ward's behalf an extension of credit that is
415	415	secured wholly or partly by a lien on the homestead.
416	416	SECTION 28. Section 1353.004, Estates Code, is amended by
417	417	adding Subsection (c-1) to read as follows:
418	418	(c-1) If the court finds that the ward's spouse fails to
419	419	comply with an order described by Subsection (c), the court may,
420	420	after notice and a hearing, order any third party or entity in
421	421	possession to deliver to the incapacitated spouse's guardian of the
422	422	estate the community property described by Subsection (c).
423	423	SECTION 29. Section 1355.001(a), Estates Code, is amended
424	424	to read as follows:
425	425	(a) In this section, "resident creditor" means a person who:
426	426	(1) is a resident of this state; and
427	427	(2) is entitled to money in an amount that is $250,000
428	428	[$100,000] or less, the right to which is liquidated and is
429	429	uncontested in any pending lawsuit.
430	430	SECTION 30. Sections 1355.002(a) and (b), Estates Code, are
431	431	amended to read as follows:
432	432	(a) In this section, "creditor" means a person who is
433	433	entitled to money in an amount that is not more than $250,000
434	434	[$100,000] owing as a result of transactions in this state, the
435	435	right to which is liquidated and is uncontested in any pending
436	436	lawsuit in this state.
437	437	(b) This section applies only to a nonresident creditor who
438	438	is:
439	439	(1) a nonresident minor [and has a nonresident
440	440	guardian of the estate appointed by a foreign court];
441	441	(2) a nonresident person who is adjudged by a foreign
442	442	court to be incapacitated [and has a nonresident guardian of the
443	443	estate appointed by that court]; or
444	444	(3) the nonresident former ward of a guardianship
445	445	terminated under Chapter 1204 who has no legal guardian qualified
446	446	in this state.
447	447	SECTION 31. Section 1104.103(c), Estates Code, is repealed.
448	448	SECTION 32. (a) The changes in law made by this Act to the
449	449	following provisions of the Estates Code apply only to an action
450	450	filed or a guardianship proceeding commenced on or after the
451	451	effective date of this Act:
452	452	(1) Sections 1023.004(c), 1051.153(b), 1057.002(b),
453	453	1153.001(a), 1153.005(a), 1156.052(c), 1162.006(b),
454	454	1202.054(b-2), and 1353.004;
455	455	(2) Sections 1051.052(b), (c), (d), (e), (f), and (h);
456	456	(3) Sections 1051.055(a) and (b);
457	457	(4) Sections 1051.056 and 1162.003;
458	458	(5) Sections 1051.104(a) and (b);
459	459	(6) Sections 1153.003(b) and (c); and
460	460	(7) Sections 1203.052(a-1) and (b).
461	461	(b) Sections 1105.002(a), 1106.001(a), 1106.005, and
462	462	1155.002(a), Estates Code, as amended by this Act, and Section
463	463	1151.0525, Estates Code, as added by this Act, apply to a
464	464	guardianship created before, on, or after the effective date of
465	465	this Act.
466	466	(c) Sections 1351.001(a), 1351.052, 1352.052(a), and
467	467	1352.102, Estates Code, as amended by this Act, apply only to an
468	468	application for a court order filed on or after the effective date
469	469	of this Act. An application for a court order filed before the
470	470	effective date of this Act is governed by the law in effect on the
471	471	date the application was filed, and the former law is continued in
472	472	effect for that purpose.
473	473	(d) Sections 1355.001(a) and 1355.002(a) and (b), Estates
474	474	Code, as amended by this Act, apply only to a payment made by a
475	475	debtor on or after the effective date of this Act. A payment made by
476	476	a debtor before the effective date of this Act is governed by the
477	477	law in effect on the date the payment was made, and the former law is
478	478	continued in effect for that purpose.
479	479	SECTION 33. This Act takes effect September 1, 2023.