Texas 2023 - 88th Regular

Texas Senate Bill SB2248

Filed
3/10/23  
Out of Senate Committee
4/24/23  
Voted on by Senate
4/27/23  
Out of House Committee
5/20/23  
Bill Becomes Law
 

Caption

Relating to guardianships for persons who are incapacitated; changing a fee.

Impact

If implemented, SB 2248 will amend the Texas Estates Code to provide specific guidelines and fees associated with the transfer of guardianship cases. Notably, the bill establishes a set fee of $45 for transferring guardianship cases from one county to another but prohibits any additional filing fees from being assessed in conjunction with this transfer. These changes are designed to promote consistency in the handling of guardianship cases across jurisdictions, potentially improving efficiency for Texas courts and reducing confusion for guardians navigating the legal system.

Summary

Senate Bill 2248 is a legislative act in Texas aimed at enhancing the guardianship process for incapacitated persons. The bill addresses several procedural issues regarding the transfer of guardianships between Texas courts, seeking to clarify the roles and responsibilities of court clerks and guardians during these transitions. It implements changes that require clearer documentation and notification processes to ensure that interested parties are adequately informed and involved when guardianship cases are transferred. Through these modifications, the bill aspires to streamline operations related to guardianship while safeguarding the interests of vulnerable individuals.

Sentiment

The legislative sentiment surrounding SB 2248 appears largely supportive among those involved in its deliberation. Proponents, including members of the judiciary and advocates for incapacitated individuals, believe that the bill will enhance protections for these vulnerable populations and make the guardianship process more accessible. The discussions suggest a consensus on the necessity for reform in this area; however, there are hints of caution regarding the implementation of the fee structure and its impact on guardianship access for low-income individuals.

Contention

While there seems to be strong support for SB 2248, some discussions reflect concern over whether the newly introduced fees associated with transfers could create barriers for less financially stable guardians. Critics may worry that the costs could discourage guardianship applications or impede timely transfers of guardianship, especially for individuals in vulnerable circumstances. Therefore, the balance between maintaining court efficiency and ensuring equitable access to guardianship services remains a pivotal point of contention in the ongoing discourse related to this bill.

Texas Constitutional Statutes Affected

Estates Code

  • Chapter 1002. Definitions
    • Section: 0265
    • Section: 0265
    • Section: 0265
  • Chapter 1023. Venue
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 1105. Qualification Of Guardians
    • Section: New Section
    • Section: 157
  • Chapter 1106. Letters Of Guardianship
    • Section: New Section
  • Chapter 1151. Rights, Powers, And Duties Under Guardianship
    • Section: New Section
  • Chapter 1156. Education And Maintenance Allowances Paid From Ward's Estate
    • Section: 052
    • Section: 052
  • Chapter 1203. Resignation, Removal, Or Death Of Guardian; Appointment Of Successor
    • Section: 006
  • Chapter 1204. Final Settlement, Accounting, And Discharge
    • Section: 105
    • Section: New Section
    • Section: 105
    • Section: New Section
  • Part 1.general Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 1. General Provisions
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

TX SB23

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB12

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB24

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB44

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB1760

Relating to guardianships for persons who are incapacitated; changing a fee.

TX HB785

Relating to the delivery of certain notices or other communications in connection with guardianship proceedings.