Texas 2025 - 89th Regular

Texas Senate Bill SB1760 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R9882 EAS-F
1	2		By: Zaffirini S.B. No. 1760
2		-	(In the Senate - Filed February 28, 2025; March 13, 2025,
3		-	read first time and referred to Committee on Jurisprudence;
4		-	April 10, 2025, reported favorably by the following vote: Yeas 5,
5		-	Nays 0; April 10, 2025, sent to printer.)
6		-	Click here to see the committee vote
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9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to guardianships for persons who are incapacitated;
12	10		changing a fee.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Section 1023.002(c), Estates Code, is amended to
15	13		read as follows:
16	14		(c) If it appears to the court at any time before the
17	15		guardianship is closed that the proceeding was commenced in a court
18	16		that did not have venue over the proceeding, the court shall, on the
19	17		application of any interested person, transfer the proceeding to
20	18		the proper county in the manner prescribed by Section 1023.006.
21	19		SECTION 2. Section 1023.004(a), Estates Code, is amended to
22	20		read as follows:
23	21		(a) On filing an application or on motion of a court to
24	22		transfer a guardianship to another county under Section 1023.002 or
25	23		1023.003, the sureties on the bond of the guardian shall be cited by
26	24		a qualified delivery method [personal service] to appear and show
27	25		cause why the guardianship should not be transferred.
28	26		SECTION 3. Section 1023.005(c), Estates Code, is amended to
29	27		read as follows:
30	28		(c) On receipt of an order described by Subsection (a), the
31	29		clerk of the court to which the guardianship is transferred
32	30		[county] shall accept the transfer of the guardianship.
33	31		SECTION 4. Sections 1023.006(a), (b), (c), (d), (e), and
34	32		(g), Estates Code, are amended to read as follows:
35	33		(a) Not later than the 10th working day after the date an
36	34		order of transfer is signed under Section 1023.002 or 1023.005, the
37	35		clerk shall record any unrecorded papers of the guardianship
38	36		required to be recorded. On payment of the clerk's fee, the clerk
39	37		shall send, using the electronic filing system established under
40	38		Section 72.031, Government Code, to the county clerk of the county
41	39		to which the guardianship was ordered transferred:
42	40		(1) a transfer certificate and certified index of
43	41		transferred documents;
44	42		(2) a copy of each [final] order;
45	43		(3) a copy of the order of transfer signed by the
46	44		transferring court;
47	45		(4) a copy of the original papers filed in the
48	46		transferring court, including any papers previously received on
49	47		transfer from a court in another county;
50	48		(5) a copy of the transfer certificate and certified
51	49		index of transferred documents from each previous transfer, if
52	50		applicable; and
53	51		(6) a bill of any costs accrued in the transferring
54	52		court.
55	53		(b) The clerk of the transferring court shall use the
56	54		standardized transfer certificate and certified index of
57	55		transferred documents form developed by the Office of Court
58	56		Administration of the Texas Judicial System under Section 72.037,
59	57		Government Code, when transferring a proceeding under this section.
60	58		(c) The clerk of the transferring court shall keep a copy of
61	59		the documents transferred under Subsection (a), including
62	60		transferred pleadings, orders, and all other papers filed into the
63	61		case record.
64	62		(d) The clerk of the court to which the proceeding is
65	63		transferred shall, subject to Section 1023.005:
66	64		(1) accept documents transferred under Subsection
67	65		(a);
68	66		(2) docket the proceeding [suit]; and
69	67		(3) notify, using the electronic filing system
70	68		established under Section 72.031, Government Code, all parties, the
71	69		clerk of the transferring court, and, if appropriate, the
72	70		transferring court's local registry that the proceeding [suit] has
73	71		been docketed.
74	72		(e) The clerk of the transferee court shall physically or
75	73		electronically mark or stamp the transfer certificate and certified
76	74		index of transferred documents to evidence the date and time of
77	75		acceptance under Subsection (d), but may not physically or
78	76		electronically mark or stamp any other document transferred under
79	77		Subsection (a).
80	78		(g) The clerks of both the transferee and transferring
81	79		courts may each produce under Chapter 51, Government Code,
82	80		certified or uncertified copies of documents transferred under
83	81		Subsection (a) but must include a copy of the transfer certificate
84	82		and certified index of transferred documents with each document
85	83		produced.
86	84		SECTION 5. Chapter 1023, Estates Code, is amended by adding
87	85		Section 1023.0071 to read as follows:
88	86		Sec. 1023.0071. TRANSFER FEE. (a) The fee for filing a
89	87		guardianship case transferred from another county under this
90	88		chapter in which the guardian has previously been appointed and
91	89		qualified in accordance with this title is $45 payable to the clerk
92	90		of the court to which the case is transferred. No portion of this
93	91		fee may be sent to the state.
94	92		(b) A party may not be assessed any other filing fee by the
95	93		clerk of the court to which the guardianship is transferred in
96	94		connection with the filing and docketing of the transferred case.
97	95		(c) To the extent that this section conflicts with another
98	96		state statute, the Texas Rules of Civil Procedure, or other rules,
99	97		this section prevails.
100	98		SECTION 6. Section 1105.157, Estates Code, is amended by
101	99		amending Subsections (a) and (d) and adding Subsection (d-1) to
102	100		read as follows:
103	101		(a) Instead of giving a surety or sureties on a bond, or to
104	102		reduce the amount of a bond, the guardian of an estate may deposit
105	103		the guardian's own cash or securities acceptable to the court with:
106	104		(1) a financial institution as defined by Section
107	105		201.101, Finance Code, that has its main office or a branch office
108	106		in this state; or
109	107		(2) the registry of the court, for which the clerk of
110	108		the court shall issue a receipt.
111	109		(d) A receipt issued by a depository under Subsection (c) or
112	110		a record of deposit to the registry of the court must be attached to
113	111		the guardian's bond and must be in substantially the following
114	112		form:
115	113		The State of Texas
116	114		County of ________ (insert name of county)
117	115		Know all persons by these presents that I/we, ___________
118	116		(name of each principal), as principal, have deposited cash or
119	117		securities as evidenced by the attached receipt or record of
120	118		deposit issued by _____ (name of depository where cash or
121	119		securities are deposited or the name of the court) on _____ (date of
122	120		deposit), are held and firmly bound to the judge of ______ (insert
123	121		reference to appropriate judge), and that judge's successors in
124	122		office, in the sum of $______, having been so deposited;
125	123		conditioned that the above bound principal or principals, appointed
126	124		by the judge as guardian or temporary guardian of the person or of
127	125		the estate, or both, of _________(name of ward and whether the
128	126		person is a minor or is an incapacitated person other than a minor),
129	127		shall well and truly perform all of the duties required of the
130	128		guardian or temporary guardian by law under appointment.
131	129		(d-1) The guardian's bond and depository receipt, if
132	130		applicable, shall [and] be delivered to and filed by the county
133	131		clerk after the bond [receipt] is approved by the judge.
134	132		SECTION 7. Section 1151.051(c), Estates Code, is amended to
135	133		read as follows:
136	134		(c) A guardian of the person has:
137	135		(1) the right to have physical possession of the ward
138	136		and to establish the ward's legal domicile;
139	137		(2) the duty to provide care, supervision, and
140	138		protection for the ward;
141	139		(3) the duty to provide the ward with clothing, food,
142	140		medical care, and shelter;
143	141		(4) the power to consent to medical, psychiatric, and
144	142		surgical treatment other than the inpatient psychiatric commitment
145	143		of the ward;
146	144		(5) on application to and order of the court, the power
147	145		to establish a trust in accordance with 42 U.S.C. Section
148	146		1396p(d)(4)(B) and direct that the income of the ward as defined by
149	147		that section be paid directly to the trust, solely for the purpose
150	148		of the ward's eligibility for medical assistance under Chapter 32,
151	149		Human Resources Code; [and]
152	150		(6) the duty to notify the court, as soon as
153	151		practicable, if the ward has died or is admitted to a medical
154	152		facility for acute care for a period of three or more days;
155	153		(7) the duty to notify the court not later than the
156	154		30th day after the date the ward's residence or address has changed;
157	155		(8) the duty to notify the court not later than the
158	156		30th day after the date of a change in the guardian's residence,
159	157		address, phone number, or any other information used by the court to
160	158		contact the guardian; and
161	159		(9) the power to sign documents necessary or
162	160		appropriate to facilitate employment of the ward if:
163	161		(A) the guardian was appointed with full
164	162		authority over the person of the ward under Section 1101.151; or
165	163		(B) the power is specified in the court order
166	164		appointing the guardian with limited powers over the person of the
167	165		ward under Section 1101.152.
168	166		SECTION 8. The heading to Section 1156.052, Estates Code,
169	167		is amended to read as follows:
170	168		Sec. 1156.052. ALLOWANCE FOR WARD'S SPOUSE, MINOR CHILDREN,
171	169		OR INCAPACITATED ADULT CHILDREN [DEPENDENT].
172	170		SECTION 9. Section 1156.052, Estates Code, is amended by
173	171		amending Subsections (a) and (b) and adding Subsection (d) to read
174	172		as follows:
175	173		(a) Subject to Section 1156.051 and on application to the
176	174		court, the court may order the guardian of the estate of a ward to
177	175		spend money from the ward's estate for the education and
178	176		maintenance of the ward's spouse, minor children, or incapacitated
179	177		adult children [dependent].
180	178		(b) In determining whether to order the expenditure of money
181	179		from a ward's estate for the ward's spouse, minor children, or
182	180		incapacitated adult children [dependent], as appropriate, under
183	181		this section, the court shall consider:
184	182		(1) the circumstances of the ward, the ward's spouse,
185	183		and the ward's minor children and incapacitated adult children
186	184		[dependents];
187	185		(2) the ability and duty of the ward's spouse to
188	186		support himself or herself and the ward's minor children or
189	187		incapacitated adult children [dependent];
190	188		(3) the size of the ward's estate;
191	189		(4) a beneficial interest the ward or the ward's
192	190		spouse, minor children, or incapacitated adult children have [or
193	191		dependent has] in a trust; and
194	192		(5) an existing estate plan, including a trust or
195	193		will, that provides a benefit to the ward's spouse, minor children,
196	194		or incapacitated adult children [dependent].
197	195		(d) Copies of the notices sent under Subsection (c) must be
198	196		filed with the court with a copy of the proof of delivery receipt
199	197		for each notice sent.
200	198		SECTION 10. Section 1203.006, Estates Code, is amended to
201	199		read as follows:
202	200		Sec. 1203.006. REQUIREMENTS FOR DISCHARGE. (a) A
203	201		guardian applying to resign may not be discharged until:
204	202		(1) the resignation application has been heard;
205	203		(2) the exhibit and final account or report required
206	204		under Section 1203.001 has been examined, settled, and approved;
207	205		and
208	206		(3) the guardian [applicant] has satisfied the court
209	207		that the guardian [applicant] has:
210	208		(A) delivered any estate property remaining in
211	209		the guardian's [applicant's] possession; or
212	210		(B) complied with all court orders relating to
213	211		the guardian's [applicant's] trust as guardian.
214	212		(b) When a guardian applying to resign has fully complied
215	213		with the court orders, the court shall enter an order:
216	214		(1) accepting the resignation; [and]
217	215		(2) discharging the guardian;
218	216		(3) canceling the letters issued to the guardian; and
219	217		(4) [applicant and,] if the guardian [applicant] is
220	218		under bond, discharging and releasing the [applicant's] sureties on
221	219		the guardian's bond.
222	220		SECTION 11. Section 1204.105, Estates Code, is amended by
223	221		adding Subsection (h) to read as follows:
224	222		(h) The guardian of the estate shall file an affidavit sworn
225	223		to by the guardian or a certificate signed by the guardian's
226	224		attorney stating:
227	225		(1) the name of each person to whom citation was served
228	226		under this section, indicating the method of service;
229	227		(2) the name of each person executing a waiver of
230	228		citation under Subsection (d); and
231	229		(3) that each person whose whereabouts are known or
232	230		can be reasonably ascertained who is entitled to citation under
233	231		this section was provided a copy of the account for final
234	232		settlement, indicating the method of delivery for each person to
235	233		whom a copy was provided.
236	234		SECTION 12. Section 1204.151, Estates Code, is amended to
237	235		read as follows:
238	236		Sec. 1204.151. DISCHARGE OF GUARDIAN WHEN NO ESTATE
239	237		PROPERTY REMAINS. The court shall enter an order discharging a
240	238		guardian from the guardian's trust, canceling the letters issued to
241	239		the guardian of the estate, and closing the guardianship estate if,
242	240		on final settlement of the estate, none of the estate remains in the
243	241		guardian's possession.
244	242		SECTION 13. Section 1204.152, Estates Code, is amended to
245	243		read as follows:
246	244		Sec. 1204.152. DISCHARGE OF GUARDIAN WHEN ESTATE FULLY
247	245		ADMINISTERED. The court shall enter an order discharging a
248	246		guardian of the estate from the guardian's trust, canceling the
249	247		letters issued to the guardian of the estate, and declaring the
250	248		estate closed when:
251	249		(1) the guardian has fully administered the estate in
252	250		accordance with this title and the court's orders;
253	251		(2) the guardian's account for final settlement has
254	252		been approved; and
255	253		(3) the guardian has delivered all of the estate
256	254		remaining in the guardian's possession to any person entitled to
257	255		receive the estate.
258	256		SECTION 14. Section 1251.005(a), Estates Code, is amended
259	257		to read as follows:
260	258		(a) On the filing of an application for temporary
261	259		guardianship, the court clerk shall issue:
262	260		(1) citation to be personally served on:
263	261		(A) the proposed ward; and
264	262		(B) the proposed temporary guardian named in the
265	263		application, if that person is not the applicant; and
266	264		(2) notice to be served on the proposed ward's
267	265		appointed attorney.
268	266		SECTION 15. Section 1023.008, Estates Code, is repealed.
269	267		SECTION 16. (a) Except as otherwise provided by this
270	268		section, the changes in law made by this Act apply to a guardianship
271	269		created before, on, or after the effective date of this Act.
272	270		(b) Sections 1023.002(c), 1023.004(a), 1023.005(c), and
273	271		1023.006(a), (b), (c), (d), (e), and (g), Estates Code, as amended
274	272		by this Act, and Section 1023.0071, Estates Code, as added by this
275	273		Act, apply only to an application filed or motion made to transfer a
276	274		guardianship on or after the effective date of this Act. An
277	275		application filed or motion made before the effective date of this
278	276		Act is governed by the law in effect on the date the application was
279	277		filed or motion was made, and the former law is continued in effect
280	278		for that purpose.
281	279		(c) Sections 1156.052 and 1251.005(a), Estates Code, as
282	280		amended by this Act, apply only to an application filed on or after
283	281		the effective date of this Act. An application filed before the
284	282		effective date of this Act is governed by the law in effect on the
285	283		date the application was filed, and the former law is continued in
286	284		effect for that purpose.
287	285		SECTION 17. This Act takes effect September 1, 2025.
288		-	* * * * *