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AN ACT
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relating to the provision of certain notices in guardianship |
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proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1023.004, Estates Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) If an application is filed by a person other than the |
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guardian [or if a court made a motion to transfer a guardianship], |
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the guardian shall be cited by personal service to appear and show |
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cause why the guardianship should not be transferred. |
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(c) If a court made a motion to transfer a guardianship, the |
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guardian shall be given notice by certified mail to appear and show |
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cause why the guardianship should not be transferred. |
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SECTION 2. Section 1203.052(b), Estates Code, is amended to |
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read as follows: |
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(b) In addition to the authority granted to the court under |
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Subsection (a), the court may, on the complaint of the guardianship |
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certification program of the Judicial Branch Certification |
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Commission, remove a guardian who would be ineligible for |
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appointment under Subchapter H, Chapter 1104, because of the |
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guardian's failure to maintain the certification required under |
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Subchapter F, Chapter 1104. The guardian shall be given notice, by |
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certified mail, return receipt requested, [cited] to appear and |
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contest the request for removal under this subsection at a time and |
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place set in the notice [in the manner provided by Subsection (a)]. |
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SECTION 3. Sections 1023.004 and 1203.052(b), Estates Code, |
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as amended by this Act, apply to a guardianship proceeding |
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commenced on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1296 was passed by the House on April |
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9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1296 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |