SB1760 - Relating to guardianships for persons who are incapacitated; changing a fee.

      S.B. No. 1760         AN ACT   relating to guardianships for persons who are incapacitated;   changing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1023.002(c), Estates Code, is amended to   read as follows:          (c)  If it appears to the court at any time before the   guardianship is closed that the proceeding was commenced in a court   that did not have venue over the proceeding, the court shall, on the   application of any interested person, transfer the proceeding to   the proper county in the manner prescribed by Section 1023.006 .          SECTION 2.  Section 1023.004(a), Estates Code, is amended to   read as follows:          (a)  On filing an application or on motion of a court to   transfer a guardianship to another county under Section 1023.002 or   1023.003, the sureties on the bond of the guardian shall be cited by   a qualified delivery method [ personal service ] to appear and show   cause why the guardianship should not be transferred.          SECTION 3.  Section 1023.005(c), Estates Code, is amended to   read as follows:          (c)  On receipt of an order described by Subsection (a), the   clerk of the court to which the guardianship is transferred     [ county ] shall accept the transfer of the guardianship.          SECTION 4.  Sections 1023.006(a), (b), (c), (d), (e), and   (g), Estates Code, are amended to read as follows:          (a)  Not later than the 10th working day after the date an   order of transfer is signed under Section 1023.002 or 1023.005, the   clerk shall record any unrecorded papers of the guardianship   required to be recorded.  On payment of the clerk's fee, the clerk   shall send, using the electronic filing system established under   Section 72.031, Government Code, to the county clerk of the county   to which the guardianship was ordered transferred:                (1)  a transfer certificate and certified index of   transferred documents;                (2)  a copy of each [ final ] order;                (3)  a copy of the order of transfer signed by the   transferring court;                (4)  a copy of the original papers filed in the   transferring court , including any papers previously received on   transfer from a court in another county ;                (5)  a copy of the transfer certificate and certified     index of transferred documents from each previous transfer , if   applicable ; and                (6)  a bill of any costs accrued in the transferring   court.          (b)  The clerk of the transferring court shall use the   standardized transfer certificate and certified index of   transferred documents form developed by the Office of Court   Administration of the Texas Judicial System under Section 72.037,   Government Code, when transferring a proceeding under this section.          (c)  The clerk of the transferring court shall keep a copy of   the documents transferred under Subsection (a) , including   transferred pleadings, orders, and all other papers filed into the   case record .          (d)  The clerk of the court to which the proceeding is   transferred shall , subject to Section 1023.005 :                (1)  accept documents transferred under Subsection   (a);                (2)  docket the proceeding  [ suit ]; and                (3)  notify, using the electronic filing system   established under Section 72.031, Government Code, all parties, the   clerk of the transferring court, and, if appropriate, the   transferring court's local registry that the proceeding  [ suit ] has   been docketed.          (e)  The clerk of the transferee court shall physically or   electronically mark or stamp the transfer certificate and certified     index of transferred documents to evidence the date and time of   acceptance under Subsection (d), but may not physically or   electronically mark or stamp any other document transferred under   Subsection (a).          (g)  The clerks of both the transferee and transferring   courts may each produce under Chapter 51, Government Code,   certified or uncertified copies of documents transferred under   Subsection (a) but must include a copy of the transfer certificate   and certified  index of transferred documents with each document   produced.          SECTION 5.  Chapter 1023, Estates Code, is amended by adding   Section 1023.0071 to read as follows:           Sec.   1023.0071.     TRANSFER FEE. (a) The fee for filing a   guardianship case transferred from another county under this   chapter in which the guardian has previously been appointed and   qualified in accordance with this title is $80 payable to the clerk   of the court to which the case is transferred. No portion of this   fee may be sent to the state.           (b)     A party may not be assessed any other filing fee by the   clerk of the court to which the guardianship is transferred in   connection with the filing and docketing of the transferred case.             (c)     To the extent that this section conflicts with another   state statute, the Texas Rules of Civil Procedure, or other rules,   this section prevails.          SECTION 6.  Section 1105.157, Estates Code, is amended by   amending Subsections (a) and (d) and adding Subsection (d-1) to   read as follows:          (a)  Instead of giving a surety or sureties on a bond, or to   reduce the amount of a bond, the guardian of an estate may deposit   the guardian's own cash or securities acceptable to the court with :                 (1)   a financial institution as defined by Section   201.101, Finance Code, that has its main office or a branch office   in this state ; or                   (2)     the registry of the court, for which the clerk of   the court shall issue a receipt .          (d)  A receipt issued by a depository under Subsection (c) or   a record of deposit to the registry of the court must be attached to   the guardian's bond and must be in substantially the following   form:   The State of Texas   County of ________ (insert name of county)           Know all persons by these presents that I/we, ___________   (name of each principal), as principal, have deposited cash or   securities as evidenced by the attached receipt or record of   deposit issued by _____ (name of depository where cash or   securities are deposited or the name of the court) on _____ (date of   deposit), are held and firmly bound to the judge of ______ (insert   reference to appropriate judge), and that judge's successors in   office, in the sum of $______, having been so deposited;   conditioned that the above bound principal or principals, appointed   by the judge as guardian or temporary guardian of the person or of   the estate, or both, of _________(name of ward and whether the   person is a minor or is an incapacitated person other than a minor),   shall well and truly perform all of the duties required of the   guardian or temporary guardian by law under appointment.           (d-1)     The guardian's bond and depository receipt, if   applicable, shall [ and ] be delivered to and filed by the county   clerk after the bond [ receipt ] is approved by the judge.          SECTION 7.  Section 1151.051(c), Estates Code, is amended to   read as follows:          (c)  A guardian of the person has:                (1)  the right to have physical possession of the ward   and to establish the ward's legal domicile;                (2)  the duty to provide care, supervision, and   protection for the ward;                (3)  the duty to provide the ward with clothing, food,   medical care, and shelter;                (4)  the power to consent to medical, psychiatric, and   surgical treatment other than the inpatient psychiatric commitment   of the ward;                (5)  on application to and order of the court, the power   to establish a trust in accordance with 42 U.S.C. Section   1396p(d)(4)(B) and direct that the income of the ward as defined by   that section be paid directly to the trust, solely for the purpose   of the ward's eligibility for medical assistance under Chapter 32,   Human Resources Code; [ and ]                (6)   the duty to notify the court, as soon as   practicable, if the ward has died or is admitted to a medical   facility for acute care for a period of three or more days;                   (7)     the duty to notify the court not later than the   30th day after the date the ward's residence or address has changed;                   (8)     the duty to notify the court not later than the   30th day after the date of a change in the guardian's residence,   address, phone number, or any other information used by the court to   contact the guardian; and                 (9)   the power to sign documents necessary or   appropriate to facilitate employment of the ward if:                      (A)  the guardian was appointed with full   authority over the person of the ward under Section 1101.151; or                      (B)  the power is specified in the court order   appointing the guardian with limited powers over the person of the   ward under Section 1101.152.          SECTION 8.  The heading to Section 1156.052, Estates Code,   is amended to read as follows:          Sec. 1156.052.  ALLOWANCE FOR WARD'S SPOUSE , MINOR CHILDREN,   OR INCAPACITATED ADULT CHILDREN [ DEPENDENT ].          SECTION 9.  Section 1156.052, Estates Code, is amended by   amending Subsections (a) and (b) and adding Subsection (d) to read   as follows:          (a)  Subject to Section 1156.051 and on application to the   court, the court may order the guardian of the estate of a ward to   spend money from the ward's estate for the education and   maintenance of the ward's spouse , minor children, or incapacitated   adult children [ dependent ].          (b)  In determining whether to order the expenditure of money   from a ward's estate for the ward's spouse , minor children, or   incapacitated adult children [ dependent ], as appropriate, under   this section, the court shall consider:                (1)  the circumstances of the ward, the ward's spouse,   and the ward's minor children and incapacitated adult children   [ dependents ];                (2)  the ability and duty of the ward's spouse to   support himself or herself and the ward's minor children or   incapacitated adult children [ dependent ];                (3)  the size of the ward's estate;                (4)  a beneficial interest the ward or the ward's   spouse , minor children, or incapacitated adult children have [ or   dependent has ] in a trust; [Text truncated for display. 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