Texas 2023 - 88th Regular

Texas Senate Bill SB1457 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	S.B. No. 1457
2	2
3	3
4	4	AN ACT
5	5	relating to guardianships and the delivery of certain notices or
6	6	other communications in connection with guardianship proceedings.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 1002, Estates Code, is amended by adding
9	9	Section 1002.0265 to read as follows:
10	10	Sec. 1002.0265. QUALIFIED DELIVERY METHOD. "Qualified
11	11	delivery method" means delivery by:
12	12	(1) hand delivery by courier, with courier's proof of
13	13	delivery receipt;
14	14	(2) certified or registered mail, return receipt
15	15	requested, with return receipt; or
16	16	(3) a private delivery service designated as a
17	17	designated delivery service by the United States Secretary of the
18	18	Treasury under Section 7502(f)(2), Internal Revenue Code of 1986,
19	19	with proof of delivery receipt.
20	20	SECTION 2. Section 1023.004(c), Estates Code, is amended to
21	21	read as follows:
22	22	(c) If a court made a motion to transfer a guardianship, the
23	23	guardian shall be given notice by a qualified delivery method
24	24	[certified mail] to appear and show cause why the guardianship
25	25	should not be transferred.
26	26	SECTION 3. The heading to Section 1051.052, Estates Code,
27	27	is amended to read as follows:
28	28	Sec. 1051.052. SERVICE BY MAIL OR QUALIFIED DELIVERY
29	29	METHOD.
30	30	SECTION 4. Section 1051.052, Estates Code, is amended by
31	31	amending Subsections (b), (c), (d), (e), and (f) and adding
32	32	Subsection (h) to read as follows:
33	33	(b) Except as provided by Subsection (c), the county clerk
34	34	shall issue a citation or notice required or permitted to be served
35	35	by a qualified delivery method [registered or certified mail] and
36	36	shall serve the citation or notice by sending [mailing] the
37	37	original citation or notice by a qualified delivery method
38	38	[registered or certified mail].
39	39	(c) A guardian shall issue a notice required to be given by
40	40	the guardian by a qualified delivery method [registered or
41	41	certified mail] and shall serve the notice by sending [mailing] the
42	42	original notice by a qualified delivery method [registered or
43	43	certified mail].
44	44	(d) The county clerk or guardian, as applicable, shall send
45	45	[mail] a citation or notice under Subsection (b) or (c) with an
46	46	instruction to deliver the citation or notice to the addressee only
47	47	and with return receipt or other proof of delivery requiring
48	48	recipient signature requested. The clerk or guardian, as
49	49	applicable, shall address the envelope containing the citation or
50	50	notice to:
51	51	(1) the attorney of record in the proceeding for the
52	52	person to be cited or notified; or
53	53	(2) the person to be cited or notified, if the citation
54	54	or notice to the attorney is returned undelivered or the person to
55	55	be cited or notified has no attorney of record in the proceeding.
56	56	(e) Service by a qualified delivery method [mail] must be
57	57	made at least 20 days before the return day of the citation or
58	58	notice, excluding the date of service. The date of service [by
59	59	mail] is the date of mailing, the date of deposit with the private
60	60	delivery service, or the date of delivery by courier, as
61	61	applicable.
62	62	(f) A copy of a citation or notice served under Subsection
63	63	(a), (b), or (c) and a certificate of the person serving the
64	64	citation or notice showing that the citation or notice was sent
65	65	[mailed] and the date of the mailing, the date of deposit with a
66	66	private delivery service, or the date of delivery by courier, as
67	67	applicable, shall be filed and recorded. A returned receipt or
68	68	other proof of delivery receipt for a citation or notice served
69	69	under Subsection (b) or (c) shall be attached to the certificate.
70	70	(h) The applicant or movant in a guardianship proceeding
71	71	shall pay the cost of delivery of a citation or notice under this
72	72	section.
73	73	SECTION 5. Sections 1051.055(a) and (b), Estates Code, are
74	74	amended to read as follows:
75	75	(a) If a party is represented by an attorney of record in a
76	76	guardianship proceeding, including a proposed ward who has been
77	77	personally served with notice of the proceeding and is represented
78	78	by an attorney ad litem, a citation or notice required to be served
79	79	on the party shall be served instead on that attorney.
80	80	(b) A notice served on an attorney under this section may be
81	81	served by[:
82	82	[(1)] delivery to the attorney in person or by a
83	83	qualified delivery method[;
84	84	[(2) registered or certified mail, return receipt
85	85	requested; or
86	86	[(3) any other form of mail that requires proof of
87	87	delivery].
88	88	SECTION 6. Section 1051.056, Estates Code, is amended to
89	89	read as follows:
90	90	Sec. 1051.056. SERVICE ON GUARDIAN OR RECEIVER. Unless
91	91	this title expressly provides for another method of service, the
92	92	county clerk who issues a citation or notice required to be served
93	93	on a guardian or receiver shall serve the citation or notice by
94	94	sending [mailing] the original citation or notice by a qualified
95	95	delivery method [registered or certified mail] to:
96	96	(1) the guardian's or receiver's attorney of record;
97	97	or
98	98	(2) the guardian or receiver, if the guardian or
99	99	receiver does not have an attorney of record.
100	100	SECTION 7. Sections 1051.104(a) and (b), Estates Code, are
101	101	amended to read as follows:
102	102	(a) The person filing an application for guardianship shall
103	103	send [mail] a copy of the application and a notice containing the
104	104	information required in the citation issued under Section 1051.102
105	105	by a qualified delivery method [registered or certified mail,
106	106	return receipt requested, or by any other form of mail that provides
107	107	proof of delivery,] to the following persons, if their whereabouts
108	108	are known or can be reasonably ascertained:
109	109	(1) each adult child of the proposed ward;
110	110	(2) each adult sibling of the proposed ward;
111	111	(3) the administrator of a nursing home facility or
112	112	similar facility in which the proposed ward resides;
113	113	(4) the operator of a residential facility in which
114	114	the proposed ward resides;
115	115	(5) a person whom the applicant knows to hold a power
116	116	of attorney signed by the proposed ward;
117	117	(6) a person designated to serve as guardian of the
118	118	proposed ward by a written declaration under Subchapter E, Chapter
119	119	1104, if the applicant knows of the existence of the declaration;
120	120	(7) a person designated to serve as guardian of the
121	121	proposed ward in the probated will of the last surviving parent of
122	122	the proposed ward;
123	123	(8) a person designated to serve as guardian of the
124	124	proposed ward by a written declaration of the proposed ward's last
125	125	surviving parent, if the declarant is deceased and the applicant
126	126	knows of the existence of the declaration; and
127	127	(9) each adult named in the application as an "other
128	128	living relative" of the proposed ward within the third degree by
129	129	consanguinity, as required by Section 1101.001(b)(11) or (13), if
130	130	the proposed ward's spouse and each of the proposed ward's parents,
131	131	adult siblings, and adult children are deceased or there is no
132	132	spouse, parent, adult sibling, or adult child.
133	133	(b) The applicant shall file with the court:
134	134	(1) a copy of any notice required by Subsection (a) and
135	135	the return receipts or other proofs of delivery of the notice; and
136	136	(2) an affidavit sworn to by the applicant or the
137	137	applicant's attorney stating:
138	138	(A) that the notice was sent [mailed] as required
139	139	by Subsection (a); and
140	140	(B) the name of each person to whom the notice was
141	141	sent [mailed], if the person's name is not shown on the return
142	142	receipt or other proof of delivery.
143	143	SECTION 8. Section 1051.153(b), Estates Code, is amended to
144	144	read as follows:
145	145	(b) Proof of service consists of:
146	146	(1) if the service is made by a sheriff or constable,
147	147	the return of service;
148	148	(2) if the service is made by a private person, the
149	149	person's affidavit;
150	150	(3) if the service is made by mail or by a qualified
151	151	delivery method:
152	152	(A) the certificate of the county clerk making
153	153	the service, or the affidavit of the guardian or other person making
154	154	the service that states that the citation or notice was mailed or
155	155	sent by a qualified delivery method and the date of the mailing, the
156	156	date of deposit with the private delivery service, or the date of
157	157	delivery by courier, as applicable; and
158	158	(B) the return receipt or other proof of delivery
159	159	receipt attached to the certificate or affidavit, as applicable, if
160	160	the service [mailing] was made by a qualified delivery method
161	161	[registered or certified mail and a receipt has been returned]; and
162	162	(4) if the service is made by publication:
163	163	(A) a statement that:
164	164	(i) is made by the Office of Court
165	165	Administration of the Texas Judicial System or an employee of the
166	166	office;
167	167	(ii) contains or to which is attached a copy
168	168	of the published citation or notice; and
169	169	(iii) states the date of publication on the
170	170	public information Internet website maintained as required by
171	171	Section 72.034, Government Code [, as added by Chapter 606 (S.B.
172	172	891), Acts of the 86th Legislature, Regular Session, 2019]; and
173	173	(B) an affidavit that:
174	174	(i) is made by the publisher of the
175	175	newspaper in which the citation or notice was published or an
176	176	employee of the publisher;
177	177	(ii) contains or to which is attached a copy
178	178	of the published citation or notice; and
179	179	(iii) states the date of publication
180	180	printed on the newspaper in which the citation or notice was
181	181	published.
182	182	SECTION 9. Section 1057.002(b), Estates Code, is amended to
183	183	read as follows:
184	184	(b) The resident agent shall send, by a qualified delivery
185	185	method [certified mail, return receipt requested], a copy of a
186	186	resignation statement filed under Subsection (a) to:
187	187	(1) the guardian at the address most recently known by
188	188	the resident agent; and
189	189	(2) each party in the case or the party's attorney or
190	190	other designated representative of record.
191	191	SECTION 10. Section 1104.103, Estates Code, is amended by
192	192	amending Subsections (a) and (b) and adding Subsection (a-1) to
193	193	read as follows:
194	194	(a) The surviving parent of an adult individual who is an
195	195	incapacitated person may, if the parent is the guardian of the
196	196	person or estate of the adult individual, by will or written
197	197	declaration appoint an eligible person to serve as guardian of the
198	198	person or estate, as applicable, of the adult individual:
199	199	(1) after the parent dies;
200	200	(2) in the event the parent resigns as guardian of the
201	201	person or estate; or
202	202	(3) in the event of the parent's incapacity.
203	203	(a-1) If the surviving parent is both the guardian of the
204	204	person and estate of the adult individual, the surviving parent may
205	205	by will or written declaration appoint different eligible persons
206	206	to serve as guardian of the person and guardian of the estate.
207	207	(b) After the surviving parent dies or resigns as guardian,
208	208	or if the court finds the surviving parent has become an
209	209	incapacitated person after being appointed the adult individual's
210	210	guardian, the court shall appoint the person or persons designated
211	211	in the will or declaration to serve as guardian of the person,
212	212	guardian of the estate, or both, in preference to any other person
213	213	otherwise entitled to serve as guardian under this title, unless
214	214	the court finds that the person designated to serve as guardian:
215	215	(1) is disqualified;
216	216	(2) is deceased;
217	217	(3) refuses to serve; or
218	218	(4) would not serve the adult individual's best
219	219	interests.
220	220	SECTION 11. Section 1105.002(a), Estates Code, is amended
221	221	to read as follows:
222	222	(a) Except as provided by Subsection (b), a guardian is
223	223	considered to have qualified when the guardian has:
224	224	(1) taken and filed the oath, or made and filed the
225	225	declaration, required under Section 1105.051;
226	226	(2) given the required bond;
227	227	(3) [filed the bond with the clerk; and
228	228	[(4)] obtained the judge's approval of the bond; and
229	229	(4) filed the bond with the clerk.
230	230	SECTION 12. Section 1106.001(a), Estates Code, is amended
231	231	to read as follows:
232	232	(a) When a person who is appointed guardian has qualified
233	233	under Section 1105.002, the clerk shall issue to the guardian a
234	234	certificate under the court's seal stating:
235	235	(1) the fact of the appointment and of the
236	236	qualification;
237	237	(2) the date of the appointment and of the
238	238	qualification; and
239	239	(3) the date the letters of guardianship expire.
240	240	SECTION 13. Section 1106.005, Estates Code, is amended to
241	241	read as follows:
242	242	Sec. 1106.005. EFFECT OF LETTERS [OR
243	243	CERTIFICATE]. (a) Letters of guardianship [or a certificate]
244	244	issued as prescribed by [under] Section 1106.001 under the court's
245	245	seal by [of] the clerk of the court that granted the letters are
246	246	[is] sufficient evidence of:
247	247	(1) the appointment and qualification of the guardian;
248	248	and
249	249	(2) the date of qualification.
250	250	(b) The court order that appoints the guardian is evidence
251	251	of the authority granted to the guardian and of the scope of the
252	252	powers and duties that the guardian may exercise only after the date
253	253	letters of guardianship [or a certificate has] have been issued
254	254	under Section 1106.001.
255	255	SECTION 14. Subchapter B, Chapter 1151, Estates Code, is
256	256	amended by adding Section 1151.0525 to read as follows:
257	257	Sec. 1151.0525. ACCESS AND MANAGEMENT OF WARD'S FUNDS BY
258	258	GUARDIAN OF PERSON. (a) This section applies only to the guardian
259	259	of the person of a ward for whom the court has not appointed a
260	260	guardian of the estate.
261	261	(b) On application to and order from the court, the guardian
262	262	of the person of a ward may access, manage, and spend the ward's
263	263	funds in an amount not to exceed $20,000 per year for the ward's
264	264	benefit. The court shall require the guardian to file a new bond or
265	265	a rider to an existing bond that meets the surety requirements for a
266	266	guardian of the estate's bond under Section 1105.160.
267	267	(c) A guardian of the person shall include any expenditures
268	268	made for the benefit of the ward if authorized by court order under
269	269	Subsection (b) in the annual report required by Section 1163.101.
270	270	(d) When there is no longer a need for the guardian of the
271	271	person to access, manage, or spend the ward's funds, the guardian of
272	272	the person shall file a sworn affidavit of fulfillment with the
273	273	court. After the filing of the affidavit, the court, on motion
274	274	filed with the court, may authorize the guardian to file a new bond
275	275	or a rider to an existing bond that meets the requirements for a
276	276	guardian of the person's bond under Section 1105.102, and may
277	277	discharge the guardian of the person and the guardian's sureties on
278	278	a bond required by Subsection (b).
279	279	SECTION 15. Section 1153.001(a), Estates Code, is amended
280	280	to read as follows:
281	281	(a) Within one month after receiving letters of
282	282	guardianship, a guardian of an estate shall provide notice
283	283	requiring each person who has a claim against the estate to present
284	284	the claim within the period prescribed by law. The notice must be:
285	285	(1) published in a newspaper of general circulation in
286	286	the county in which the letters were issued; and
287	287	(2) sent to the comptroller by a qualified delivery
288	288	method [certified or registered mail], if the ward remitted or
289	289	should have remitted taxes administered by the comptroller.
290	290	SECTION 16. Sections 1153.003(b) and (c), Estates Code, are
291	291	amended to read as follows:
292	292	(b) Notice provided under this section must be:
293	293	(1) sent by a qualified delivery method [certified or
294	294	registered mail, return receipt requested]; and
295	295	(2) addressed to the record holder of the claim at the
296	296	record holder's last known post office address.
297	297	(c) The following shall be filed in the court from which the
298	298	letters of guardianship were issued:
299	299	(1) a copy of each notice required by Subsection
300	300	(a)(1) with the return receipt or other proof of delivery, if
301	301	available; and
302	302	(2) the guardian's affidavit stating:
303	303	(A) that the notice was sent [mailed] as required
304	304	by law; and
305	305	(B) the name of the person to whom the notice was
306	306	sent [mailed], if that name is not shown on the notice or receipt.
307	307	SECTION 17. Section 1153.005(a), Estates Code, is amended
308	308	to read as follows:
309	309	(a) A guardian of an estate is not required to give a notice
310	310	required by Section 1153.001 or 1153.003 if another person also
311	311	appointed as guardian or a former guardian has given that notice.
312	312	SECTION 18. Section 1155.002(a), Estates Code, is amended
313	313	to read as follows:
314	314	(a) The court may authorize compensation for a guardian
315	315	serving as a guardian of the person alone from available funds of
316	316	the ward's estate or other funds available for that purpose. The
317	317	court may set the compensation in an amount not to exceed the
318	318	greater of $3,000 per year or five percent of the ward's gross
319	319	income.
320	320	SECTION 19. Section 1156.052(c), Estates Code, is amended
321	321	to read as follows:
322	322	(c) A person who makes an application to the court under
323	323	this section shall send [mail] notice of the application by a
324	324	qualified delivery method [certified mail] to all interested
325	325	persons.
326	326	SECTION 20. Section 1162.003, Estates Code, is amended to
327	327	read as follows:
328	328	Sec. 1162.003. NOTICE OF APPLICATION FOR ESTABLISHMENT OF
329	329	ESTATE OR OTHER TRANSFER PLAN. A person who makes an application
330	330	to the court under Section 1162.001 shall send [mail] notice of the
331	331	application by a qualified delivery method [certified mail] to:
332	332	(1) all devisees under a will, trust, or other
333	333	beneficial instrument relating to the ward's estate;
334	334	(2) the ward's spouse;
335	335	(3) the ward's dependents; and
336	336	(4) any other person as directed by the court.
337	337	SECTION 21. Section 1162.006(b), Estates Code, is amended
338	338	to read as follows:
339	339	(b) Notice required by Subsection (a) must be sent
340	340	[delivered] by a qualified delivery method[:
341	341	[(1) registered or certified mail to a person
342	342	described by Subsection (a)(1); and
343	343	[(2) certified mail to a person described by
344	344	Subsection (a)(2), (3), (4), or (5)].
345	345	SECTION 22. Section 1202.054(b-2), Estates Code, is amended
346	346	to read as follows:
347	347	(b-2) Not later than the 30th day after the date the court
348	348	receives an informal letter from a ward under Subsection (a), the
349	349	court shall send the ward a letter by a qualified delivery method
350	350	[certified mail]:
351	351	(1) acknowledging receipt of the informal letter; and
352	352	(2) advising the ward of the date on which the court
353	353	appointed the court investigator or guardian ad litem as required
354	354	under Subsection (b) and the contact information for the court
355	355	investigator or guardian ad litem.
356	356	SECTION 23. Sections 1203.052(a-1) and (b), Estates Code,
357	357	are amended to read as follows:
358	358	(a-1) The court may remove a guardian for a reason listed in
359	359	Subsection (a) on the:
360	360	(1) court's own motion, after the guardian has been
361	361	notified[,] by a qualified delivery method [certified mail, return
362	362	receipt requested,] to answer at a time and place set in the notice;
363	363	or
364	364	(2) complaint of an interested person, after the
365	365	guardian has been cited by personal service to answer at a time and
366	366	place set in the notice.
367	367	(b) In addition to the authority granted to the court under
368	368	Subsection (a), the court may, on the complaint of the guardianship
369	369	certification program of the Judicial Branch Certification
370	370	Commission, remove a guardian who would be ineligible for
371	371	appointment under Subchapter H, Chapter 1104, because of the
372	372	guardian's failure to maintain the certification required under
373	373	Subchapter F, Chapter 1104. The guardian shall be given notice[,]
374	374	by a qualified delivery method [certified mail, return receipt
375	375	requested,] to appear and contest the request for removal under
376	376	this subsection at a time and place set in the notice.
377	377	SECTION 24. Section 1351.001(a), Estates Code, is amended
378	378	to read as follows:
379	379	(a) A parent or managing conservator of a minor who is not a
380	380	ward may apply to the court under this subchapter for an order to
381	381	sell an interest of the minor in property without being appointed
382	382	guardian if the net value of the interest does not exceed $250,000
383	383	[$100,000].
384	384	SECTION 25. Section 1351.052, Estates Code, is amended to
385	385	read as follows:
386	386	Sec. 1351.052. AUTHORITY TO SELL WARD'S INTEREST IN
387	387	PROPERTY WITHOUT APPOINTMENT AS GUARDIAN OF THE ESTATE IN THIS
388	388	STATE. A guardian of the person of a ward or a guardian of the
389	389	person or estate of a ward appointed by a foreign court may apply to
390	390	the court under this subchapter for an order to sell an interest in
391	391	property in the ward's estate without being appointed guardian of
392	392	the ward's estate in this state if the net value of the interest
393	393	does not exceed $250,000 [$100,000].
394	394	SECTION 26. Section 1352.052(a), Estates Code, is amended
395	395	to read as follows:
396	396	(a) If the net value of a minor's interest in a residence
397	397	homestead does not exceed $250,000 [$100,000], a parent, subject to
398	398	Subsection (b), or managing conservator of the minor may apply to
399	399	the court under this subchapter for an order authorizing the parent
400	400	or managing conservator to receive on the minor's behalf, without
401	401	being appointed guardian, an extension of credit that is secured
402	402	wholly or partly by a lien on the homestead.
403	403	SECTION 27. Section 1352.102, Estates Code, is amended to
404	404	read as follows:
405	405	Sec. 1352.102. AUTHORITY TO MORTGAGE MINOR WARD'S INTEREST
406	406	WITHOUT GUARDIANSHIP OF THE ESTATE. If the net value of a minor
407	407	ward's interest in a residence homestead does not exceed $250,000
408	408	[$100,000], the guardian of the person of the ward may apply to the
409	409	court under this subchapter for an order authorizing the guardian
410	410	to receive on the ward's behalf an extension of credit that is
411	411	secured wholly or partly by a lien on the homestead.
412	412	SECTION 28. Section 1353.004, Estates Code, is amended by
413	413	adding Subsection (c-1) to read as follows:
414	414	(c-1) If the court finds that the ward's spouse fails to
415	415	comply with an order described by Subsection (c), the court may,
416	416	after notice and a hearing, order any third party or entity in
417	417	possession to deliver to the incapacitated spouse's guardian of the
418	418	estate the community property described by Subsection (c).
419	419	SECTION 29. Section 1355.001(a), Estates Code, is amended
420	420	to read as follows:
421	421	(a) In this section, "resident creditor" means a person who:
422	422	(1) is a resident of this state; and
423	423	(2) is entitled to money in an amount that is $250,000
424	424	[$100,000] or less, the right to which is liquidated and is
425	425	uncontested in any pending lawsuit.
426	426	SECTION 30. Sections 1355.002(a) and (b), Estates Code, are
427	427	amended to read as follows:
428	428	(a) In this section, "creditor" means a person who is
429	429	entitled to money in an amount that is not more than $250,000
430	430	[$100,000] owing as a result of transactions in this state, the
431	431	right to which is liquidated and is uncontested in any pending
432	432	lawsuit in this state.
433	433	(b) This section applies only to a nonresident creditor who
434	434	is:
435	435	(1) a nonresident minor [and has a nonresident
436	436	guardian of the estate appointed by a foreign court];
437	437	(2) a nonresident person who is adjudged by a foreign
438	438	court to be incapacitated [and has a nonresident guardian of the
439	439	estate appointed by that court]; or
440	440	(3) the nonresident former ward of a guardianship
441	441	terminated under Chapter 1204 who has no legal guardian qualified
442	442	in this state.
443	443	SECTION 31. Section 1104.103(c), Estates Code, is repealed.
444	444	SECTION 32. (a) The changes in law made by this Act to the
445	445	following provisions of the Estates Code apply only to an action
446	446	filed or a guardianship proceeding commenced on or after the
447	447	effective date of this Act:
448	448	(1) Sections 1023.004(c), 1051.153(b), 1057.002(b),
449	449	1153.001(a), 1153.005(a), 1156.052(c), 1162.006(b),
450	450	1202.054(b-2), and 1353.004;
451	451	(2) Sections 1051.052(b), (c), (d), (e), (f), and (h);
452	452	(3) Sections 1051.055(a) and (b);
453	453	(4) Sections 1051.056 and 1162.003;
454	454	(5) Sections 1051.104(a) and (b);
455	455	(6) Sections 1153.003(b) and (c); and
456	456	(7) Sections 1203.052(a-1) and (b).
457	457	(b) Sections 1105.002(a), 1106.001(a), 1106.005, and
458	458	1155.002(a), Estates Code, as amended by this Act, and Section
459	459	1151.0525, Estates Code, as added by this Act, apply to a
460	460	guardianship created before, on, or after the effective date of
461	461	this Act.
462	462	(c) Sections 1351.001(a), 1351.052, 1352.052(a), and
463	463	1352.102, Estates Code, as amended by this Act, apply only to an
464	464	application for a court order filed on or after the effective date
465	465	of this Act. An application for a court order filed before the
466	466	effective date of this Act is governed by the law in effect on the
467	467	date the application was filed, and the former law is continued in
468	468	effect for that purpose.
469	469	(d) Sections 1355.001(a) and 1355.002(a) and (b), Estates
470	470	Code, as amended by this Act, apply only to a payment made by a
471	471	debtor on or after the effective date of this Act. A payment made by
472	472	a debtor before the effective date of this Act is governed by the
473	473	law in effect on the date the payment was made, and the former law is
474	474	continued in effect for that purpose.
475	475	SECTION 33. This Act takes effect September 1, 2023.
476	476	______________________________ ______________________________
477	477	President of the Senate Speaker of the House
478	478	I hereby certify that S.B. No. 1457 passed the Senate on
479	479	April 12, 2023, by the following vote: Yeas 31, Nays 0.
480	480	______________________________
481	481	Secretary of the Senate
482	482	I hereby certify that S.B. No. 1457 passed the House on
483	483	May 11, 2023, by the following vote: Yeas 136, Nays 3, one
484	484	present not voting.
485	485	______________________________
486	486	Chief Clerk of the House
487	487	Approved:
488	488	______________________________
489	489	Date
490	490	______________________________
491	491	Governor