S.B. No. 626
 
 
 
 
AN ACT
  relating to guardianships, management trusts, and certain other
  procedures and proceedings for persons who are incapacitated,
  probate matters and proceedings, and other matters involving
  statutory county courts, including statutory probate courts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 30.014(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  In a civil action, including a probate or guardianship
  proceeding, filed in a district court, county court, [or] statutory
  county court, or statutory probate court, each party or the party's
  attorney shall include in its initial pleading:
               (1)  the last three numbers of the party's driver's
  license number, if the party has been issued a driver's license; and
               (2)  the last three numbers of the party's social
  security number, if the party has been issued a social security
  number.
         SECTION 2.  Section 33.101, Estates Code, is amended to read
  as follows:
         Sec. 33.101.  TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
  PROPER.  If probate proceedings involving the same estate are
  commenced in more than one county and the court making a
  determination of venue as provided by Section 33.053 determines
  that venue is proper in another county, the court clerk shall make
  and retain a copy of the entire file in the case and transmit the
  original file in electronic or paper form to the court in the county
  in which venue is proper. The court to which the file is transmitted
  shall conduct the proceeding in the same manner as if the proceeding
  had originally been commenced in that county.
         SECTION 3.  Section 33.102(a), Estates Code, is amended to
  read as follows:
         (a)  If it appears to the court at any time before the final
  order in a probate proceeding is rendered that the court does not
  have priority of venue over the proceeding, the court shall, on the
  application of an interested person, transfer the proceeding to the
  proper county by transmitting to the proper court in that county in
  electronic or paper form:
               (1)  the original file in the case; and
               (2)  certified copies of all entries that have been
  made in the judge's probate docket in the proceeding.
         SECTION 4.  Section 33.103, Estates Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The transmittal under Subsection (b) of the original
  file and the certified copy of the index may be in electronic or
  paper form, except that an original will filed in the probate
  proceeding, if any, must be delivered to the court to which the
  proceeding is transferred.
         SECTION 5.  Section 51.003(b), Estates Code, is amended to
  read as follows:
         (b)  A citation or notice issued by the county clerk must be
  styled "The State of Texas" and be signed by the clerk under the
  court's [clerk's] seal.
         SECTION 6.  Section 202.054, Estates Code, is amended to
  read as follows:
         Sec. 202.054.  PERSONAL SERVICE OF CITATION MAY BE REQUIRED.  
  (a) The court may require that service of citation in a proceeding
  to declare heirship be made by personal service on some or all of
  those named as distributees in the application filed under Section
  202.005.
         (b)  If a distributee to be cited under Subsection (a) is
  absent from or is not a resident of this state, any disinterested
  person competent to make an oath that the citation was served may
  serve the citation.
         SECTION 7.  Section 351.351, Estates Code, is amended to
  read as follows:
         Sec. 351.351.  APPLICABILITY.  This subchapter does not
  apply to:
               (1)  the appointment of an independent executor or
  administrator under Section 401.002 or 401.003(a); or
               (2)  the appointment of a successor independent
  administrator [executor] under Section 404.005.
         SECTION 8.  Section 404.0036(b), Estates Code, is amended to
  read as follows:
         (b)  If an independent executor is removed by the court under
  Section 404.003 or 404.0035, the court may, on application, appoint
  a successor independent administrator [executor] as provided by
  Section 404.005.
         SECTION 9.  The heading to Section 404.005, Estates Code, is
  amended to read as follows:
         Sec. 404.005.  COURT-APPOINTED SUCCESSOR INDEPENDENT
  ADMINISTRATOR [EXECUTOR].
         SECTION 10.  Sections 404.005(a), (b), (c), (h), and (i),
  Estates Code, are amended to read as follows:
         (a)  If the will of a person who dies testate names an
  independent executor who, having qualified, fails for any reason to
  continue to serve, or is removed for cause by the court, and the
  will does not name a successor independent executor or if each
  successor executor named in the will fails for any reason to qualify
  as executor or indicates by affidavit filed with the application
  for an order continuing independent administration the successor
  executor's inability or unwillingness to serve as successor
  independent executor, all of the distributees of the decedent as of
  the filing of the application for an order continuing independent
  administration may apply to the probate court for the appointment
  of a qualified person, firm, or corporation to serve as successor
  independent administrator [executor]. If the probate court finds
  that continued administration of the estate is necessary, the court
  shall enter an order continuing independent administration and
  appointing the person, firm, or corporation designated in the
  application as successor independent administrator [executor],
  unless the probate court finds that it would not be in the best
  interest of the estate to do so. The successor independent
  administrator [executor] shall serve with all of the powers and
  privileges granted to the successor's predecessor independent
  executor.
         (b)  Except as otherwise provided by this subsection, if a
  distributee described in this section is an incapacitated person,
  the guardian of the person of the distributee may sign the
  application on behalf of the distributee. If the probate court
  finds that either the continuing of independent administration or
  the appointment of the person, firm, or corporation designated in
  the application as successor independent administrator [executor]
  would not be in the best interest of the incapacitated person, then,
  notwithstanding Subsection (a), the court may not enter an order
  continuing independent administration of the estate. If the
  distributee is an incapacitated person and has no guardian of the
  person, the court may appoint a guardian ad litem to make
  application on behalf of the incapacitated person if the probate
  court considers such an appointment necessary to protect the
  interest of that distributee. If a distributee described in this
  section is a minor and has no guardian of the person, a natural
  guardian of the minor may sign the application for the order
  continuing independent administration on the minor's behalf unless
  a conflict of interest exists between the minor and the natural
  guardian.
         (c)  Except as otherwise provided by this subsection, if a
  trust is created in the decedent's will or if the decedent's will
  devises property to a trustee as described by Section 254.001, the
  person or class of persons entitled to receive property outright
  from the trust on the decedent's death and those first eligible to
  receive the income from the trust, determined as if the trust were
  to be in existence on the date of the filing of the application for
  an order continuing independent administration, shall, for the
  purposes of this section, be considered to be the distributee or
  distributees on behalf of the trust, and any other trust or trusts
  coming into existence on the termination of the trust, and are
  authorized to apply for an order continuing independent
  administration on behalf of the trust without the consent or
  agreement of the trustee or any other beneficiary of the trust, or
  the trustee or any beneficiary of any other trust which may come
  into existence on the termination of the trust. If a person
  considered to be a distributee under this subsection is an
  incapacitated person, the trustee or cotrustee may apply for the
  order continuing independent administration or sign the
  application on the incapacitated person's behalf if the trustee or
  cotrustee is not the person proposed to serve as the independent
  administrator [executor].
         (h)  If a successor independent administrator [executor] is
  appointed under this section, then, unless the probate court shall
  waive bond on application for waiver, the successor independent
  administrator [executor] shall be required to enter into bond
  payable to and to be approved by the judge and the judge's
  successors in a sum that is found by the judge to be adequate under
  all circumstances, or a bond with one surety in an amount that is
  found by the judge to be adequate under all circumstances, if the
  surety is an authorized corporate surety.
         (i)  Absent proof of fraud or collusion on the part of a
  judge, the judge may not be held civilly liable for the commission
  of misdeeds or the omission of any required act of any person, firm,
  or corporation designated as a successor independent administrator
  [executor] under this section. Section 351.354 does not apply to an
  appointment of a successor independent administrator [executor]
  under this section.
         SECTION 11.  Section 452.006, Estates Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The appointee shall file with the court proof of service
  of the notice required under Subsection (a) in the manner provided
  by Section 51.103(b)(3).
         SECTION 12.  Section 503.002, Estates Code, is amended to
  read as follows:
         Sec. 503.002.  RECORDING OF CERTAIN FOREIGN TESTAMENTARY
  INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH [ORIGINAL SIGNATURES NOT
  REQUIRED].  (a)  An authenticated copy of a will or other
  testamentary instrument described by Section 503.001(a), along
  with a copy of the judgment, order, or decree by which the
  instrument was admitted to probate that has the attestation and
  certificate required by Section 501.002(c), that is written in
  whole or in part in a language other than English may be filed for
  recording in the deed records in any county in this state in which
  the land conveyed or disposed of in the instrument is located if:
               (1)  a correct English translation is recorded with the
  authenticated copies of the will or other testamentary instrument
  and judgment, order, or decree by which the instrument was admitted
  to probate; and
               (2)  the accuracy of the translation is sworn to before
  an officer authorized to administer oaths [Notwithstanding Section
  501.002(c), the original signatures required by that section may
  not be required for a recordation in the deed records in accordance
  with Section 503.001 or for a purpose described by Section 503.051
  or 503.052].
         (b)  The recording of an authenticated copy of a will or
  other testamentary instrument and a copy of the judgment, order, or
  decree in the manner provided by Subsection (a) operates as
  constructive notice from the date of filing to all persons of the:
               (1)  existence of the instrument; and
               (2)  title or titles conferred by the instrument.
         SECTION 13.  Section 1021.001, Estates Code, is amended to
  read as follows:
         Sec. 1021.001.  MATTERS RELATED TO GUARDIANSHIP PROCEEDING.
  (a) For purposes of this code, in a county in which there is no
  statutory probate court or county court at law exercising original
  probate jurisdiction, a matter related to a guardianship proceeding
  includes:
               (1)  the granting of letters of guardianship;
               (2)  the settling of an account of a guardian and all
  other matters relating to the settlement, partition, or
  distribution of a ward's estate;
               (3)  a claim brought by or against a guardianship
  estate;
               (4)  an action for trial of title to real property that
  is guardianship estate property, including the enforcement of a
  lien against the property;
               (5)  an action for trial of the right of property that
  is guardianship estate property;
               (6)  after a guardianship of the estate of a ward is
  required to be settled as provided by Section 1204.001:
                     (A)  an action brought by or on behalf of the
  former ward against a former guardian of the ward for alleged
  misconduct arising from the performance of the person's duties as
  guardian;
                     (B)  an action calling on the surety of a guardian
  or former guardian to perform in place of the guardian or former
  guardian, which may include the award of a judgment against the
  guardian or former guardian in favor of the surety;
                     (C)  an action against a former guardian of the
  former ward that is brought by a surety that is called on to perform
  in place of the former guardian;
                     (D)  a claim for the payment of compensation,
  expenses, and court costs, and any other matter authorized under
  Chapter 1155; and
                     (E)  a matter related to an authorization made or
  duty performed by a guardian under Chapter 1204; and
               (7)  the appointment of a trustee for a trust created
  under Section 1301.053 or 1301.054, the settling of an account of
  the trustee, and all other matters relating to the trust.
         (a-1)  For purposes of this code, in a county in which there
  is no statutory probate court, but in which there is a county court
  at law exercising original probate jurisdiction, a matter related
  to a guardianship proceeding includes:
               (1)  all matters and actions described in Subsection
  (a);
               (2)  the interpretation and administration of a
  testamentary trust in which a ward is an income or remainder
  beneficiary; and
               (3)  the interpretation and administration of an inter
  vivos trust in which a ward is an income or remainder beneficiary.
         (b)  For purposes of this code, in a county in which there is
  a statutory probate court, a matter related to a guardianship
  proceeding includes:
               (1)  all matters and actions described in Subsections
  [Subsection] (a) and (a-1);
               (2)  a suit, action, or application filed against or on
  behalf of a guardianship or a trustee of a trust created under
  Section 1301.053 or 1301.054; and
               (3)  a cause of action in which a guardian in a
  guardianship pending in the statutory probate court is a party.
         SECTION 14.  Section 1023.006, Estates Code, is amended to
  read as follows:
         Sec. 1023.006.  TRANSFER OF RECORD.  When an order of
  transfer is made under Section 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 transmit in electronic
  or paper form to the county clerk of the county to which the
  guardianship was ordered transferred:
               (1)  the case file of the guardianship proceedings; and
               (2)  a certified copy of the index of the guardianship
  records.
         SECTION 15.  Section 1023.007, Estates Code, is amended to
  read as follows:
         Sec. 1023.007.  TRANSFER EFFECTIVE.  The order transferring
  a guardianship does not take effect until:
               (1)  the case file and a certified copy of the index
  required by Section 1023.006 are filed in electronic or paper form
  in the office of the county clerk of the county to which the
  guardianship was ordered transferred; and
               (2)  a certificate under the clerk's official seal and
  reporting the filing of the case file and a certified copy of the
  index is filed in electronic or paper form in the court ordering the
  transfer by the county clerk of the county to which the guardianship
  was ordered transferred.
         SECTION 16.  Section 1051.003(b), Estates Code, is amended
  to read as follows:
         (b)  A citation or notice issued by the county clerk must be
  styled "The State of Texas" and be signed by the clerk under the
  court's [clerk's] seal.
         SECTION 17.  Section 1052.052(b), Estates Code, is amended
  to read as follows:
         (b)  Each case file must contain each order, judgment, and
  proceeding of the court and any other guardianship filing with the
  court, including each:
               (1)  application for the granting of guardianship;
               (2)  citation and notice, whether published or posted,
  including the return on the citation or notice;
               (3)  bond and official oath or declaration;
               (4)  inventory, appraisement, and list of claims;
               (5)  exhibit and account;
               (6)  report of renting;
               (7)  application for sale or partition of real estate;
               (8)  report of sale;
               (9)  application for authority to execute a lease for
  mineral development, or for pooling or unitization of lands,
  royalty, or other interest in minerals, or to lend or invest money;
               (10)  report of lending or investing money; and
               (11)  report of guardians of the persons.
         SECTION 18.  The heading to Chapter 1054, Estates Code, is
  amended to read as follows:
  CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND
  ATTORNEYS
         SECTION 19.  The heading to Subchapter E, Chapter 1054,
  Estates Code, is amended to read as follows:
  SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED]
  ATTORNEY
         SECTION 20.  Section 1054.201, Estates Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as provided by Subsection (c), an [An] attorney
  representing any person's interests [for an applicant for
  guardianship and a court-appointed attorney] in a guardianship
  proceeding, including an attorney ad litem, must be certified by
  the State Bar of Texas, or a person or other entity designated by
  the state bar, as having successfully completed a course of study in
  guardianship law and procedure sponsored by the state bar or the
  state bar's designee.
         (c)  An attorney may commence representation of a person's
  interests and file an appearance in a guardianship proceeding
  before completing the course required for certification under
  Subsection (a), but must complete the course not later than the 14th
  day after the date of filing the appearance and before filing any
  substantive motion in the guardianship proceeding.
         SECTION 21.  Section 1101.001(b), Estates Code, is amended
  to read as follows:
         (b)  The application must be sworn to by the applicant and
  state:
               (1)  the proposed ward's name, sex, date of birth, and
  address;
               (2)  the name, former name, if any, relationship, and
  address of the person the applicant seeks to have appointed as
  guardian;
               (3)  whether guardianship of the person or estate, or
  both, is sought;
               (3-a)  whether alternatives to guardianship and
  available supports and services to avoid guardianship were
  considered;
               (3-b)  whether any alternatives to guardianship and
  supports and services available to the proposed ward considered are
  feasible and would avoid the need for a guardianship;
               (4)  the nature and degree of the alleged incapacity,
  the specific areas of protection and assistance requested, and the
  limitation or termination of rights requested to be included in the
  court's order of appointment, including a termination of:
                     (A)  the right of a proposed ward who is 18 years
  of age or older to vote in a public election;
                     (B)  the proposed ward's eligibility to hold or
  obtain a license to operate a motor vehicle under Chapter 521,
  Transportation Code; and
                     (C)  the right of a proposed ward to make personal
  decisions regarding residence;
               (5)  the facts requiring the appointment of a guardian;
               (6)  the interest of the applicant in the appointment
  of a guardian;
               (7)  the nature and description of any kind of
  guardianship existing for the proposed ward in any other state;
               (8)  the name and address of any person or institution
  having the care and custody of the proposed ward;
               (9)  the approximate value and a detailed description
  of the proposed ward's property, including:
                     (A)  liquid assets, including any compensation,
  pension, insurance, or allowance to which the proposed ward may be
  entitled; and
                     (B)  non-liquid assets, including real property;
               (10)  the name and address of any person whom the
  applicant knows to hold a power of attorney signed by the proposed
  ward and a description of the type of power of attorney;
               (11)  for a proposed ward who is a minor, the following
  information if known by the applicant:
                     (A)  the name of each of the proposed ward's
  parents and either the parent's address or that the parent is
  deceased;
                     (B)  the name and age of each of the proposed
  ward's siblings, if any, and either the sibling's address or that
  the sibling is deceased; and
                     (C)  if each of the proposed ward's parents and
  adult siblings are deceased, the names and addresses of the
  proposed ward's other living relatives who are related to the
  proposed ward within the third degree by consanguinity and who are
  adults;
               (12)  for a proposed ward who is a minor, whether the
  minor was the subject of a legal or conservatorship proceeding in
  the preceding two years and, if so:
                     (A)  the court involved;
                     (B)  the nature of the proceeding; and
                     (C)  any final disposition of the proceeding;
               (13)  for a proposed ward who is an adult, the following
  information if known by the applicant:
                     (A)  the name of the proposed ward's spouse, if
  any, and either the spouse's address or that the spouse is deceased;
                     (B)  the name of each of the proposed ward's
  parents and either the parent's address or that the parent is
  deceased;
                     (C)  the name and age of each of the proposed
  ward's siblings, if any, and either the sibling's address or that
  the sibling is deceased;
                     (D)  the name and age of each of the proposed
  ward's children, if any, and either the child's address or that the
  child is deceased; and
                     (E)  if there is no living spouse, parent, adult
  sibling, or adult child of the proposed ward, the names and
  addresses of the proposed ward's other living relatives who are
  related to the proposed ward within the third degree by
  consanguinity and who are adults;
               (14)  facts showing that the court has venue of the
  proceeding; and
               (15)  if applicable, that the person whom the applicant
  seeks to have appointed as a guardian is a private professional
  guardian who is certified under Subchapter C, Chapter 155,
  Government Code, and has complied with the requirements of
  Subchapter G, Chapter 1104.
         SECTION 22.  Section 1101.153(a), Estates Code, is amended
  to read as follows:
         (a)  A court order appointing a guardian must:
               (1)  specify:
                     (A) [(1)]  the name of the person appointed;
                     (B) [(2)]  the name of the ward;
                     (C) [(3)]  whether the guardian is of the person
  or estate of the ward, or both;
                     (D) [(4)]  the amount of any bond required;
                     (E) [(5)]  if it is a guardianship of the estate
  of the ward and the court considers an appraisal to be necessary,
  one, two, or three disinterested persons to appraise the estate and
  to return the appraisement to the court; and
                     (F) [(6)]  that the clerk will issue letters of
  guardianship to the person appointed when the person has qualified
  according to law; and
               (2)  if the court waives the guardian's training
  requirement, contain a finding that the waiver is in accordance
  with rules adopted by the supreme court under Section 155.203,
  Government Code.
         SECTION 23.  Section 1103.003, Estates Code, is amended to
  read as follows:
         Sec. 1103.003.  EFFECTIVE DATE OF GUARDIANSHIP.  If the
  application filed under Section 1103.001 is heard before the
  proposed ward's 18th birthday, a guardianship created under this
  chapter may not take effect and the person appointed guardian may
  not take the oath or make the declaration as required under Section
  1105.051 or give a bond as required under Section 1105.101 until the
  proposed ward's 18th birthday.
         SECTION 24.  Section 1105.001, Estates Code, is amended by
  adding Subdivision (1-a) and amending Subdivision (2) to read as
  follows:
               (1-a)  "Declaration" means a declaration taken by a
  person appointed to serve as a guardian to qualify to serve.
               (2)  "Oath" means an oath [required by this chapter to
  be] taken by a person appointed to serve as a guardian to qualify to
  serve.
         SECTION 25.  Section 1105.002, Estates Code, is amended to
  read as follows:
         Sec. 1105.002.  MANNER OF QUALIFICATION OF GUARDIAN.
  (a)  Except as provided by Subsection (b), a guardian is considered
  to have qualified when the guardian has:
               (1)  taken and filed the oath, or made and filed the
  declaration, required under Section 1105.051;
               (2)  given the required bond;
               (3)  filed the bond with the clerk; and
               (4)  obtained the judge's approval of the bond.
         (b)  A guardian who is not required to give a bond is
  considered to have qualified when the guardian has taken and filed
  the [required] oath, or made and filed the declaration, as required
  under Section 1105.051.
         SECTION 26.  Section 1105.003, Estates Code, is amended to
  read as follows:
         Sec. 1105.003.  PERIOD FOR TAKING OATH OR MAKING DECLARATION
  AND GIVING BOND. (a)  Except as provided by Section 1103.003, an
  oath may be taken and subscribed or a declaration may be made, and a
  bond may be given and approved, at any time before:
               (1)  the 21st day after the date of the order granting
  letters of guardianship; or
               (2)  the letters of guardianship are revoked for a
  failure to qualify within the period allowed.
         (b)  A guardian of an estate must give a bond before being
  issued letters of guardianship unless a bond is not required under
  this title.
         SECTION 27.  The heading to Subchapter B, Chapter 1105,
  Estates Code, is amended to read as follows:
  SUBCHAPTER B.  OATHS AND DECLARATIONS
         SECTION 28.  Section 1105.051, Estates Code, is amended to
  read as follows:
         Sec. 1105.051.  OATH OR DECLARATION OF GUARDIAN. (a)  A
  guardian shall:
               (1)  take an oath to discharge faithfully the duties of
  guardian for the person or estate, or both, of a ward; or
               (2)  make a declaration as prescribed by Subsection
  (d).
         (b)  If the Health and Human [Department of Aging and
  Disability] Services Commission is appointed guardian, a
  commission [department] representative shall take the oath or make
  the declaration required by Subsection (a).
         (c)  An oath taken by a person named as guardian or temporary
  guardian, as applicable, must be substantially as follows:
         I, __________ (insert person's name), do solemnly swear that
  I will discharge faithfully the duties of guardian of __________
  (insert "the person," "the estate," or "the person and estate") of
  __________ (insert ward's name), an incapacitated person,
  according to law.
         (d)  A declaration made by a person named as guardian or
  temporary guardian, as applicable, must be substantially as
  follows:
         My name is _______ (insert person's name), my date of birth is
  __________ (insert person's date of birth), and my address is
  __________ (insert person's address, including country).  I declare
  under penalty of perjury that the information in this declaration
  is true and correct.  I solemnly declare that I will discharge
  faithfully the duties of __________ (insert "guardian" or
  "temporary guardian," as applicable) of __________ (insert "the
  person," "the estate," or "the person and estate") of __________
  (insert ward's name), an incapacitated person, according to law.  
  Signed on __________ (insert date of signing).
         SECTION 29.  Section 1105.052, Estates Code, is amended to
  read as follows:
         Sec. 1105.052.  ADMINISTRATION OF OATH OR MAKING OF
  DECLARATION.  The [An] oath prescribed by Section 1105.051 may be
  taken before any person authorized to administer oaths under the
  laws of this state.  The declaration prescribed by Section 1105.051
  must be signed by the declarant.
         SECTION 30.  Section 1105.103(f), Estates Code, is amended
  to read as follows:
         (f)  If the guardian fails to give the bond required under
  Subsection (d) and the judge has not extended the period for giving
  the bond, the judge, without citation, shall remove the guardian
  and appoint a competent person as guardian, who shall:
               (1)  administer the guardianship according to the
  provisions of a will or law;
               (2)  take the oath or make the declaration required of a
  guardian under Section 1105.051 before the person enters on the
  administration of the guardianship; and
               (3)  give bond in the same manner and in the same amount
  provided by this title for the issuance of original letters of
  guardianship.
         SECTION 31.  Subchapter A, Chapter 1151, Estates Code, is
  amended by adding Section 1151.005 to read as follows:
         Sec. 1151.005.  LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR
  WITNESS. The guardian of the person or of the estate of a ward may
  not be excluded from attending a legal proceeding in which the ward
  is:
               (1)  a party; or
               (2)  participating as a witness.
         SECTION 32.  Section 1151.351(b), Estates Code, is amended
  to read as follows:
         (b)  Unless limited by a court or otherwise restricted by
  law, a ward is authorized to the following:
               (1)  to have a copy of the guardianship order and
  letters of guardianship and contact information for the probate
  court that issued the order and letters;
               (2)  to have a guardianship that encourages the
  development or maintenance of maximum self-reliance and
  independence in the ward with the eventual goal, if possible, of
  self-sufficiency;
               (3)  to be treated with respect, consideration, and
  recognition of the ward's dignity and individuality;
               (4)  to reside and receive support services in the most
  integrated setting, including home-based or other community-based
  settings, as required by Title II of the Americans with
  Disabilities Act (42 U.S.C. Section 12131 et seq.);
               (5)  to consideration of the ward's current and
  previously stated personal preferences, desires, medical and
  psychiatric treatment preferences, religious beliefs, living
  arrangements, and other preferences and opinions;
               (6)  to financial self-determination for all public
  benefits after essential living expenses and health needs are met
  and to have access to a monthly personal allowance;
               (7)  to receive timely and appropriate health care and
  medical treatment that does not violate the ward's rights granted
  by the constitution and laws of this state and the United States;
               (8)  to exercise full control of all aspects of life not
  specifically granted by the court to the guardian;
               (9)  to control the ward's personal environment based
  on the ward's preferences;
               (10)  to complain or raise concerns regarding the
  guardian or guardianship to the court, including living
  arrangements, retaliation by the guardian, conflicts of interest
  between the guardian and service providers, or a violation of any
  rights under this section;
               (11)  to receive notice in the ward's native language,
  or preferred mode of communication, and in a manner accessible to
  the ward, of a court proceeding to continue, modify, or terminate
  the guardianship and the opportunity to appear before the court to
  express the ward's preferences and concerns regarding whether the
  guardianship should be continued, modified, or terminated;
               (12)  to have a court investigator or[,] guardian ad
  litem[, or attorney ad litem] appointed by the court to investigate
  a complaint received by the court from the ward or any person about
  the guardianship;
               (13)  to participate in social, religious, and
  recreational activities, training, employment, education,
  habilitation, and rehabilitation of the ward's choice in the most
  integrated setting;
               (14)  to self-determination in the substantial
  maintenance, disposition, and management of real and personal
  property after essential living expenses and health needs are met,
  including the right to receive notice and object about the
  substantial maintenance, disposition, or management of clothing,
  furniture, vehicles, and other personal effects;
               (15)  to personal privacy and confidentiality in
  personal matters, subject to state and federal law;
               (16)  to unimpeded, private, and uncensored
  communication and visitation with persons of the ward's choice,
  except that if the guardian determines that certain communication
  or visitation causes substantial harm to the ward:
                     (A)  the guardian may limit, supervise, or
  restrict communication or visitation, but only to the extent
  necessary to protect the ward from substantial harm; and
                     (B)  the ward may request a hearing to remove any
  restrictions on communication or visitation imposed by the guardian
  under Paragraph (A);
               (17)  to petition the court and retain counsel of the
  ward's choice who holds a certificate required by Subchapter E,
  Chapter 1054, to represent the ward's interest for capacity
  restoration, modification of the guardianship, the appointment of a
  different guardian, or for other appropriate relief under this
  subchapter, including a transition to a supported decision-making
  agreement, except as limited by Section 1054.006;
               (18)  to vote in a public election, marry, and retain a
  license to operate a motor vehicle, unless restricted by the court;
               (19)  to personal visits from the guardian or the
  guardian's designee at least once every three months, but more
  often, if necessary, unless the court orders otherwise;
               (20)  to be informed of the name, address, phone
  number, and purpose of Disability Rights Texas, an organization
  whose mission is to protect the rights of, and advocate for, persons
  with disabilities, and to communicate and meet with representatives
  of that organization;
               (21)  to be informed of the name, address, phone
  number, and purpose of an independent living center, an area agency
  on aging, an aging and disability resource center, and the local
  mental health and intellectual and developmental disability
  center, and to communicate and meet with representatives from these
  agencies and organizations;
               (22)  to be informed of the name, address, phone
  number, and purpose of the Judicial Branch Certification Commission
  and the procedure for filing a complaint against a certified
  guardian;
               (23)  to contact the Department of Family and
  Protective Services to report abuse, neglect, exploitation, or
  violation of personal rights without fear of punishment,
  interference, coercion, or retaliation;
               (24)  to have the guardian, on appointment and on
  annual renewal of the guardianship, explain the rights delineated
  in this subsection in the ward's native language, or preferred mode
  of communication, and in a manner accessible to the ward; and
               (25)  to make decisions related to sexual assault
  crisis services, including consenting to a forensic medical
  examination and treatment, authorizing the collection of forensic
  evidence, consenting to the release of evidence contained in an
  evidence collection kit and disclosure of related confidential
  information, and receiving counseling and other support services.
         SECTION 33.  Sections 1153.001(a) and (c), Estates Code, are
  amended to read as follows:
         (a)  Within one month after receiving letters of
  guardianship, a guardian of an estate shall provide notice
  requiring each person who has a claim against the estate to present
  the claim within the period prescribed by law. The notice must be:
               (1)  published in a newspaper of general circulation
  [printed] in the county in which the letters were issued; and
               (2)  sent to the comptroller by certified or registered
  mail, if the ward remitted or should have remitted taxes
  administered by the comptroller.
         (c)  If there is no [a] newspaper of general circulation [is
  not printed] in the county in which the letters of guardianship were
  issued, the notice must be posted and the return made and filed as
  otherwise required by this title.
         SECTION 34.  Section 1155.054(d), Estates Code, is amended
  to read as follows:
         (d)  If the court finds that a party in a guardianship
  proceeding acted in bad faith or without just cause in prosecuting
  or objecting to an application in the proceeding, the court may
  order [require] the party to reimburse the ward's estate for all or
  part of the attorney's fees awarded under this section and shall
  issue judgment against the party and in favor of the estate for the
  amount of attorney's fees ordered [required] to be reimbursed to
  the estate.
         SECTION 35.  Section 1158.105(a), Estates Code, is amended
  to read as follows:
         (a)  A successful bid or contract for the sale of estate
  personal property shall be reported to the court.  The laws
  regulating the approval [confirmation] or disapproval of a sale of
  real estate apply to the sale [of personal property], except that a
  conveyance is not required.
         SECTION 36.  The heading to Subchapter I, Chapter 1158,
  Estates Code, is amended to read as follows:
  SUBCHAPTER I.  SALE OF REAL ESTATE:  PUBLIC AUCTION [SALE]
         SECTION 37.  Section 1158.401(a), Estates Code, is amended
  to read as follows:
         (a)  A public sale of real estate of an estate shall be made
  at public auction. Except as otherwise provided by Section
  1158.403(c) [this title], the guardian of the estate shall
  advertise a public auction [sale] of real estate of the estate by a
  notice published in the county in which the estate is pending, as
  provided by this title for publication of notices or citations.  The
  notice must [include a reference to]:
               (1)  include a reference to the order of sale;
               (2)  include the time, place, and required terms of
  sale; and
               (3)  briefly describe [a brief description of] the real
  estate to be sold.
         SECTION 38.  Section 1158.402, Estates Code, is amended to
  read as follows:
         Sec. 1158.402.  COMPLETION [METHOD] OF AUCTION [SALE].  A
  public auction [sale] of real estate of an estate shall be completed
  on the bid of [made at public auction to] the highest bidder.
         SECTION 39.  Section 1158.403, Estates Code, is amended to
  read as follows:
         Sec. 1158.403.  TIME AND PLACE OF AUCTION [SALE].  (a)  
  Except as provided by Subsection (c), a public auction [sale] of
  real estate of an estate shall be held [made] at:
               (1)  the courthouse door in the county in which the real
  estate is located, or if the real estate is located in more than one
  county, the courthouse door in any county in which the real estate
  is located [guardianship proceedings are pending]; or
               (2)  another place in a [that] county described by
  Subdivision (1) at which auctions [sales] of real estate are
  specifically authorized to be held as designated by the
  commissioners court of the county under Section 51.002(a), Property
  Code [made].
         (b)  Except as otherwise provided by this subsection, the
  auction [The sale] must occur between 10 a.m. and 4 p.m. on the
  first Tuesday of the month after publication of notice has been
  completed.  If the first Tuesday of the month occurs on January 1 or
  July 4, the auction must occur between 10 a.m. and 4 p.m. on the
  first Wednesday of the month.
         (c)  If the court considers it advisable, the court may order
  the auction [sale] to be held [made] in the county in which the
  proceedings are pending [real estate is located], in which event
  notice shall be published both in that county and in the county in
  which the real estate is located [proceedings are pending].
         SECTION 40.  Section 1158.404, Estates Code, is amended to
  read as follows:
         Sec. 1158.404.  CONTINUANCE OF AUCTION [SALE].  (a)  A public
  auction [sale] of real estate of an estate that is not completed on
  the day advertised may be continued from day to day by an oral
  public announcement of the continuance made at the conclusion of
  the auction [sale] each day.
         (b)  A continued auction [sale] must occur within the hours
  prescribed by Section 1158.403(b).
         (c)  The continuance of an auction [a sale] under this
  section shall be shown in the report [of the sale] made to the court
  under Section 1158.551.
         SECTION 41.  Section 1158.405, Estates Code, is amended to
  read as follows:
         Sec. 1158.405.  FAILURE OF BIDDER TO COMPLY. (a)  If a
  person who successfully bids on real estate of the guardianship
  estate offered [for sale] at public auction fails to comply with the
  terms of the bid [sale], the property [real estate] shall be
  readvertised and auctioned [sold] without any further order.
         (b)  The person defaulting on a bid as described by
  Subsection (a) is liable for payment to the guardian of the estate,
  for the estate's benefit, of:
               (1)  10 percent of the amount of the bid; and
               (2)  the amount of any deficiency in price on the second
  auction [sale].
         (c)  The guardian shall recover the amounts under Subsection
  (b) by suit in any court in the county in which the auction [sale]
  was held [made] that has jurisdiction over the amount claimed.
         SECTION 42.  The heading to Subchapter J, Chapter 1158,
  Estates Code, is amended to read as follows:
  SUBCHAPTER J.  SALE OF REAL ESTATE:  CONTRACT FOR PRIVATE SALE
         SECTION 43.  Section 1158.451, Estates Code, is amended to
  read as follows:
         Sec. 1158.451.  TERMS [MANNER] OF SALE.  The guardian of the
  estate may enter into a contract for the [A] private sale of real
  estate of the estate [shall be] made in the manner the court directs
  in the order of sale.  Unless the court directs otherwise,
  additional advertising, notice, or citation concerning the sale is
  not required.
         SECTION 44.  Section 1158.502, Estates Code, is amended to
  read as follows:
         Sec. 1158.502.  PROCEDURE.  The procedure for the sale of an
  easement or right-of-way authorized under Section 1158.501 is the
  same as the procedure provided by law for a private sale of real
  property of a ward by contract [at private sale].
         SECTION 45.  The heading to Subchapter L, Chapter 1158,
  Estates Code, is amended to read as follows:
  SUBCHAPTER L.  APPROVAL [CONFIRMATION] OF SALE OF REAL PROPERTY AND
  TRANSFER OF TITLE
         SECTION 46.  Section 1158.551, Estates Code, is amended to
  read as follows:
         Sec. 1158.551.  REPORT.  A successful bid or private
  contract for the sale of estate real property shall be reported to
  the court ordering the sale not later than the 30th day after the
  date the bid [sale] is made or the property is placed under
  contract.  The report must:
               (1)  be in writing, sworn to, and filed with the clerk;
               (2)  include:
                     (A)  the date of the order of sale;
                     (B)  a description of the property being sold;
                     (C)  the time and place of the auction or date the
  property is placed under contract [sale];
                     (D)  the purchaser's name;
                     (E)  the amount of the successful bid or the
  purchase price for [which] each parcel of property or interest in
  the parcel of property auctioned or placed under contract [was
  sold];
                     (F)  the terms of the sale;
                     (G)  whether the proposed sale of the property was
  made at public auction or by contract [privately]; and
                     (H)  whether the purchaser is ready to comply with
  the order of sale; and
               (3)  be noted on the guardianship docket.
         SECTION 47.  Section 1158.552, Estates Code, is amended to
  read as follows:
         Sec. 1158.552.  ACTION OF COURT ON REPORT [OF SALE].  After
  the expiration of five days from the date a report [of sale] is
  filed under Section 1158.551, the court shall:
               (1)  consider [inquire into] the manner in which the
  auction described in the report was held or the contract described
  in the report [sale] was entered into [made];
               (2)  consider [hear] evidence in support of or against
  the report; and
               (3)  determine the sufficiency or insufficiency of the
  guardian's general bond, if any has been required and given.
         SECTION 48.  Section 1158.553, Estates Code, is amended to
  read as follows:
         Sec. 1158.553.  APPROVAL [CONFIRMATION] OF SALE WHEN BOND
  NOT REQUIRED.  If the guardian of the estate of a ward is not
  required by Subtitle D to give a general bond, the court may approve
  [confirm] the sale of estate real property in the manner provided by
  Section 1158.556(a) if the court finds that the sale is
  satisfactory and made in accordance with law.
         SECTION 49.  Sections 1158.554(a), (b), and (c), Estates
  Code, are amended to read as follows:
         (a)  If the guardian of an estate is required by Subtitle D to
  give a general bond, before the court approves [confirms] any sale
  of real estate, the court shall determine whether the bond is
  sufficient to protect the estate after the sale proceeds are
  received.
         (b)  If the court finds that the general bond is sufficient,
  the court may approve [confirm] the sale as provided by Section
  1158.556(a).
         (c)  If the court finds that the general bond is
  insufficient, the court may not approve [confirm] the sale until
  the general bond is increased to the amount required by the court,
  or an additional bond is given, and approved by the court.
         SECTION 50.  Section 1158.556, Estates Code, is amended to
  read as follows:
         Sec. 1158.556.  APPROVAL [CONFIRMATION] OR DISAPPROVAL
  ORDER.  (a)  If the court is satisfied that the proposed sale of real
  property [a sale] reported under Section 1158.551 is [was] for a
  fair price, [was] properly made, and [was] in conformity with law,
  and the court has approved any increased or additional bond that the
  court found necessary to protect the estate, the court shall enter
  an order:
               (1)  approving [confirming] the sale;
               (2)  showing conformity with [the provisions of] this
  chapter [relating to the sale];
               (3)  detailing the terms of the sale; and
               (4)  authorizing the guardian of the estate to convey
  the property on the purchaser's compliance with the terms of the
  sale.
         (b)  If the court is not satisfied that the proposed sale of
  real property is [was] for a fair price, [was] properly made, and
  [was] in conformity with law, the court shall enter [issue] an order
  setting aside the bid or contract [sale] and ordering a new sale to
  be made, if necessary.
         (c)  The court's action in approving [confirming] or
  disapproving a report under Section 1158.551 [of a sale] has the
  effect of a final judgment.  Any person interested in the
  guardianship estate or in the sale is entitled to have an order
  entered under this section reviewed as in other final judgments in
  probate proceedings.
         SECTION 51.  Section 1158.557, Estates Code, is amended to
  read as follows:
         Sec. 1158.557.  DEED.  Real estate of an estate that is sold
  shall be conveyed by a proper deed that refers to and identifies the
  court order approving [confirming] the sale.  The deed:
               (1)  vests in the purchaser all right and title of the
  estate to, and all interest of the estate in, the property; and
               (2)  is prima facie evidence that the sale has met all
  applicable requirements of the law.
         SECTION 52.  Section 1158.558(a), Estates Code, is amended
  to read as follows:
         (a)  After the court has approved [confirmed] a sale and the
  [one] purchaser has complied with the terms of the sale, the
  guardian of the estate shall promptly execute and deliver to the
  purchaser a proper deed conveying the property.
         SECTION 53.  Section 1163.005(a), Estates Code, is amended
  to read as follows:
         (a)  The guardian of the estate shall attach to an account
  the guardian's affidavit stating:
               (1)  that the account contains a correct and complete
  statement of the matters to which the account relates;
               (2)  that the guardian has paid the bond premium for the
  next accounting period;
               (3)  that the guardian has filed all tax returns of the
  ward due during the accounting period;
               (4)  that the guardian has paid all taxes the ward owed
  during the accounting period, the amount of the taxes, the date the
  guardian paid the taxes, and the name of the governmental entity to
  which the guardian paid the taxes; and
               (5)  if the guardian is a private professional
  guardian, a guardianship program, or the Health and Human Services
  Commission [Department of Aging and Disability Services], whether
  the guardian or an individual certified under Subchapter C, Chapter
  155 [111], Government Code, who is providing guardianship services
  to the ward and who is swearing to the account on the guardian's
  behalf, is or has been the subject of an investigation conducted by
  the Judicial Branch [Guardianship] Certification Commission
  [Board] during the accounting period.
         SECTION 54.  Section 1163.101(c), Estates Code, is amended
  to read as follows:
         (c)  The guardian of the person shall file a sworn affidavit
  that contains:
               (1)  the guardian's current name, address, and
  telephone number;
               (2)  the ward's date of birth and current name, address,
  telephone number, and age;
               (3)  a description of the type of home in which the ward
  resides, which shall be described as:
                     (A)  the ward's own home;
                     (B)  a nursing home;
                     (C)  a guardian's home;
                     (D)  a foster home;
                     (E)  a boarding home;
                     (F)  a relative's home, in which case the
  description must specify the relative's relationship to the ward;
                     (G)  a hospital or medical facility; or
                     (H)  another type of residence;
               (4)  statements indicating:
                     (A)  the length of time the ward has resided in the
  present home;
                     (B)  the reason for a change in the ward's
  residence, if a change in the ward's residence has occurred in the
  past year;
                     (C)  the date the guardian most recently saw the
  ward;
                     (D)  how frequently the guardian has seen the ward
  in the past year;
                     (E)  whether the guardian has possession or
  control of the ward's estate;
                     (F)  whether the ward's mental health has
  improved, deteriorated, or remained unchanged during the past year,
  including a description of the change if a change has occurred;
                     (G)  whether the ward's physical health has
  improved, deteriorated, or remained unchanged during the past year,
  including a description of the change if a change has occurred;
                     (H)  whether the ward has regular medical care;
  and
                     (I)  the ward's treatment or evaluation by any of
  the following persons during the past year, including the person's
  name and a description of the treatment:
                           (i)  a physician;
                           (ii)  a psychiatrist, psychologist, or other
  mental health care provider;
                           (iii)  a dentist;
                           (iv)  a social or other caseworker; or
                           (v)  any other individual who provided
  treatment;
               (5)  a description of the ward's activities during the
  past year, including recreational, educational, social, and
  occupational activities, or a statement that no activities were
  available or that the ward was unable or refused to participate in
  activities;
               (6)  the guardian's evaluation of:
                     (A)  the ward's living arrangements as excellent,
  average, or below average, including an explanation if the
  conditions are below average;
                     (B)  whether the ward is content or unhappy with
  the ward's living arrangements; and
                     (C)  unmet needs of the ward;
               (7)  a statement indicating whether the guardian's
  power should be increased, decreased, or unaltered, including an
  explanation if a change is recommended;
               (8)  a statement indicating that the guardian has paid
  the bond premium for the next reporting period;
               (9)  if the guardian is a private professional
  guardian, a guardianship program, or the Health and Human Services
  Commission [Department of Aging and Disability Services], whether
  the guardian or an individual certified under Subchapter C, Chapter
  155, Government Code, who is providing guardianship services to the
  ward and who is filing the affidavit on the guardian's behalf, is or
  has been the subject of an investigation conducted by the Judicial
  Branch [Guardianship] Certification Commission [Board] during the
  preceding year; and
               (10)  any additional information the guardian desires
  to share with the court regarding the ward, including:
                     (A)  whether the guardian has filed for emergency
  detention of the ward under Subchapter A, Chapter 573, Health and
  Safety Code; and
                     (B)  if applicable, the number of times the
  guardian has filed for emergency detention and the dates of the
  applications for emergency detention.
         SECTION 55.  Section 1251.005, Estates Code, is amended to
  read as follows:
         Sec. 1251.005.  CITATION AND NOTICE OF APPLICATION. (a) On
  the filing of an application for temporary guardianship, the court
  clerk shall issue:
               (1)  citation [notice] to be served on:
                     (A) [(1)]  the proposed ward; and
                     (B)  [(2)  the proposed ward's appointed
  attorney; and
               [(3)]  the proposed temporary guardian named in the
  application, if that person is not the applicant; and
               (2)  notice to be served on the proposed ward's
  appointed attorney.
         (b)  The citation or notice issued as provided by Subsection
  (a) must describe:
               (1)  the rights of the parties; and
               (2)  the date, time, place, purpose, and possible
  consequences of a hearing on the application.
         (b-1)  The citation issued as provided by Subsection (a) must
  contain a statement regarding the authority of a person under
  Section 1051.252 who is interested in the estate or welfare of a
  proposed ward or, if a guardianship is created, the ward to file
  with the county clerk a written request to be notified of all, or
  any specified, motions, applications, or pleadings filed with
  respect to the temporary guardianship proceeding by any person or
  by a person specifically designated in the request.
         (c)  A copy of the application must be attached to the
  citation or notice.
         SECTION 56.  Sections 1251.101(a), (b), and (d), Estates
  Code, are amended to read as follows:
         (a)  When the temporary guardian files the oath or
  declaration prescribed by Section 1105.051 and the bond required
  under this title, the court order appointing the temporary guardian
  takes effect without the necessity for issuance of letters of
  guardianship.
         (b)  The clerk shall note compliance with the oath or
  declaration and bond requirements by the appointed temporary
  guardian on a certificate attached to the order.
         (d)  The clerk may not issue certified copies of the order
  until the oath or declaration and bond requirements are satisfied.
         SECTION 57.  The heading to Section 1251.153, Estates Code,
  is amended to read as follows:
         Sec. 1251.153.  DELIVERY OF ESTATE, FILING OF FINAL REPORT,
  AND[;] DISCHARGE OF TEMPORARY GUARDIAN.
         SECTION 58.  Section 1251.153, Estates Code, is amended by
  adding Subsection (a-1) and amending Subsection (b) to read as
  follows:
         (a-1)  At the expiration of a temporary guardianship of the
  person, the temporary guardian shall file with the court clerk a
  final report that:
               (1)  if the ward is living, describes each reason the
  temporary guardianship of the person expired, including a statement
  of facts regarding whether the temporary guardianship expired
  because:
                     (A)  the ward was found by the court to have full
  capacity, or sufficient capacity with supports and services, to
  care for himself or herself;
                     (B)  alternatives to guardianship have been
  established to meet the needs of the ward; or
                     (C)  a permanent guardian appointed by the court
  has qualified to serve as the ward's guardian; or
               (2)  if the ward is deceased, includes the date and
  place of death, if known, in the form and manner of the report
  required to be filed by a guardian of the person under Section
  1163.103.
         (b)  On proof of delivery under Subsection (a) and approval
  by the court of a final report filed with the court clerk under
  Subsection (a-1), as applicable:
               (1)  the temporary guardian shall be discharged; and
               (2)  the sureties on the temporary guardian's bond
  shall be released as to future liability.
         SECTION 59.  Section 1253.001, Estates Code, is amended to
  read as follows:
         Sec. 1253.001.  APPLICATION TO TRANSFER GUARDIANSHIP TO
  FOREIGN JURISDICTION. On application of the guardian or on the
  court's own motion, a [A guardian of the person or estate may apply
  to the] court that has jurisdiction over the guardianship may [to]
  transfer the guardianship to a court in a foreign jurisdiction to
  which the ward has permanently moved.
         SECTION 60.  Subchapter B, Chapter 1301, Estates Code, is
  amended by adding Section 1301.0511 to read as follows:
         Sec. 1301.0511.  NOTICE REQUIRED FOR APPLICATION FOR
  CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED. (a) On the
  filing of an application for creation of a management trust and
  except as provided by Subsection (d), notice shall be issued and
  served in the manner provided by Subchapter C, Chapter 1051, for the
  issuance and service of notice on the filing of an application for
  guardianship.
         (b)  It is not necessary to serve a citation on a person who
  files an application for the creation of a management trust under
  this subchapter or for that person to waive the issuance and
  personal service of citation.
         (c)  If the person for whom an application for creation of a
  management trust is filed is a ward, the sheriff or other officer,
  in addition to serving the persons described by Section 1051.103,
  shall personally serve each guardian of the ward with citation to
  appear and answer the application.
         (d)  Notice under this section is not required if a
  proceeding for the appointment of a guardian is pending for the
  person for whom an application for creation of a management trust is
  filed.
         SECTION 61.  Section 1301.101(a), Estates Code, is amended
  to read as follows:
         (a)  Except as provided by Subsection (c), a management trust
  created for a ward or incapacitated person must provide that:
               (1)  the ward or incapacitated person is the sole
  beneficiary of the trust;
               (2)  the trustee may disburse an amount of the trust's
  principal or income as the trustee determines is necessary to spend
  for the health, education, maintenance, or support of the person
  for whom the trust is created;
               (3)  the trust income that the trustee does not
  disburse under Subdivision (2) must be added to the trust
  principal;
               (4)  a trustee that is a corporate fiduciary serves
  without giving a bond; [and]
               (5)  subject to the court's approval and Subsection
  (b), a trustee is entitled to receive reasonable compensation for
  services the trustee provides to the person for whom the trust is
  created as the person's trustee; and
               (6)  the trust terminates:
                     (A)  except as provided by Paragraph (B), if the
  person for whom the trust is created is a minor:
                           (i)  on the earlier of:
                                 (a)  the person's death; or
                                 (b)  the person's 18th birthday; or
                           (ii)  on the date provided by court order,
  which may not be later than the person's 25th birthday;
                     (B)  if the person for whom the trust is created is
  a minor and is also incapacitated for a reason other than being a
  minor:
                           (i)  on the person's death; or
                           (ii)  when the person regains capacity; or
                     (C)  if the person for whom the trust is created is
  not a minor:
                           (i)  according to the terms of the trust;
                           (ii)  on the date the court determines that
  continuing the trust is no longer in the person's best interests,
  subject to Section 1301.202(c); or
                           (iii)  on the person's death.
         SECTION 62.  Section 1301.154(b), Estates Code, is amended
  to read as follows:
         (b)  The trustee of a management trust created for a ward
  shall provide a copy of the annual account to each [the] guardian of
  the ward [ward's estate or person].
         SECTION 63.  Section 1301.203, Estates Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), if [If] the
  person for whom a management trust is created is a minor, the trust
  terminates on:
               (1)  the earlier of:
                     (A)  the person's death; or
                     (B)  the person's 18th birthday; or
               (2)  the date provided by court order, which may not be
  later than the person's 25th birthday.
         (a-1)  If the person for whom a management trust is created
  is a minor and is also incapacitated for a reason other than being a
  minor, the trust terminates:
               (1)  on the person's death; or
               (2)  when the person regains capacity.
         SECTION 64.  Sections 1355.002(b), (c), (d), (e), and (f),
  Estates Code, are amended to read as follows:
         (b)  This section applies only to a nonresident creditor who
  is:
               (1)  a nonresident minor and has a nonresident guardian
  of the estate appointed by a foreign court;
               (2)  [,] a nonresident person who is adjudged by a
  foreign court [of competent jurisdiction] to be incapacitated and
  has a nonresident guardian of the estate appointed by that
  court;[,] or
               (3)  the nonresident former ward of a guardianship
  terminated under Chapter 1204 who has no legal guardian qualified
  in this state.
         (c)  A debtor in this state who owes money to a nonresident
  creditor to whom this section applies may pay the money:
               (1)  to the creditor's guardian of the estate qualified
  in the domiciliary jurisdiction; or
               (2)  to the county clerk of:
                     (A)  any county in this state in which real
  property owned by the creditor is located; or
                     (B)  if the creditor is not known to own real
  property in this state, the county in which the debtor resides.
         (d)  A payment made under this section is for the nonresident
  creditor's account and for the nonresident creditor's use and
  benefit.
         (e)  A receipt for payment signed by the county clerk is
  binding on the nonresident creditor as of the date and to the extent
  of payment if the receipt states:
               (1)  the creditor's name; and
               (2)  the creditor's post office address, if the address
  is known.
         (f)  A county clerk who receives a payment under Subsection
  (c) for a nonresident creditor shall handle the money in the same
  manner as provided for a payment to the account of a resident
  creditor under Sections 1355.001, 1355.051, 1355.052, 1355.102,
  1355.103, and 1355.104. Those sections apply to the handling and
  disposition of money or any increase, dividend, or income paid to
  the clerk for the use, benefit, and account of the nonresident
  creditor to whom this section applies.
         SECTION 65.  Section 1355.105, Estates Code, is amended to
  read as follows:
         Sec. 1355.105.  WITHDRAWAL OF MONEY BY CREDITOR OR
  CREDITOR'S HEIR, [OR] REPRESENTATIVE, OR GUARDIAN. (a) On
  presentation to the court clerk of an order of a county or probate
  court of the county in which the money is held, money that is not
  withdrawn by an authorized person as provided by this chapter may be
  withdrawn by:
               (1)  the creditor, after termination of the creditor's
  disability;
               (2)  a subsequent personal representative of the
  creditor; [or]
               (3)  the creditor's heirs; or
               (4)  a nonresident guardian of the estate appointed by
  a foreign court for a creditor who is:
                     (A)  a nonresident minor; or
                     (B)  a nonresident person who is adjudged to be
  incapacitated.
         (b)  Except as provided by Subsection (b-1), a [A] withdrawal
  under Subsection (a) may be made at any time and without a special
  bond for that purpose.
         (b-1)  A court may require a nonresident guardian of the
  estate of a creditor who is a nonresident minor or nonresident
  incapacitated person as described by Subsection (a)(4) to provide
  proof that the nonresident guardian of the estate gave an adequate
  bond in the foreign jurisdiction if the court determines that it is
  in the nonresident minor's or nonresident incapacitated person's
  best interest.
         (c)  The order presented under Subsection (a) must direct the
  court clerk to deliver the money to:
               (1)  the creditor;
               (2)  [,] the creditor's personal representative;
               (3)  [, or] the creditor's heirs named in the order; or
               (4)  if the creditor is a nonresident minor or
  nonresident person who is adjudged to be incapacitated, the
  creditor's nonresident guardian of the estate.
         (d)  Before the court may issue an order under this section,
  the person's identity and credentials must be proved to the court's
  satisfaction. For purposes of this subsection, a nonresident
  guardian of the estate described by Subsection (c)(4) must present
  to the court exemplified copies of the order of a foreign court
  appointing the guardian and current letters of guardianship issued
  in the foreign jurisdiction.
         SECTION 66.  Section 25.0006, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-5) to read as
  follows:
         (a)  Notwithstanding any other law except Subsection (a-4),
  Subsections (a-1), (a-2), [and] (a-3), and (a-5) control over a
  specific provision for a particular court or county that attempts
  to create a requirement for a bond or insurance that conflicts with
  those subsections.
         (a-5)  A bond executed under Subsection (a-1) by the judge
  elected or appointed to a statutory county court or an insurance
  policy obtained under Subsection (a-3) shall provide the same
  coverage to a visiting judge assigned to the court or associate
  judge appointed to serve the court as the bond or insurance policy
  provides to the judge elected or appointed to the court.
         SECTION 67.  Section 25.00231, Government Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  Notwithstanding Subsection (e), a bond executed under
  Subsection (b) by the judge elected or appointed to a statutory
  probate court or an insurance policy obtained under Subsection (c)
  shall provide the same coverage to a visiting judge assigned to the
  court or to an associate judge appointed by the court as the bond or
  insurance policy provides to the judge elected or appointed to the
  court.
         SECTION 68.  Section 25.0027, Government Code, is amended to
  read as follows:
         Sec. 25.0027.  JURIES; PRACTICE AND PROCEDURE.  The drawing
  of jury panels, selection of jurors, and practice in the statutory
  probate courts must conform to that prescribed by law for county
  courts, except that practice, procedure, rules of evidence,
  issuance of process and writs, juries, including the number of
  jurors provided the parties to a proceeding may agree to try a
  particular case with fewer than 12 jurors, and all other matters
  pertaining to the conduct of trials and hearings in the statutory
  probate courts involving those matters of concurrent jurisdiction
  with district courts are governed by the laws and rules pertaining
  to district courts.
         SECTION 69.  Section 74.141, Government Code, is amended to
  read as follows:
         Sec. 74.141.  DEFENSE OF JUDGES.  The attorney general shall
  defend a state district judge, a presiding judge of an
  administrative region, the presiding judge of the statutory probate
  courts, a visiting judge assigned to hear a guardianship or probate
  matter by the presiding judge of the statutory probate courts, or an
  active, retired, or former judge assigned under this chapter in any
  action or suit in any court in which the judge is a defendant
  because of the judge's [his] office or capacity as judge if the
  judge requests the attorney general's assistance in the defense of
  the suit.
         SECTION 70.  Section 81.114, Government Code, is amended by
  amending Subsection (a) and adding Subsection (e) to read as
  follows:
         (a)  The state bar shall provide a course of instruction for
  attorneys who represent any person's interests [parties] in
  guardianship cases or who serve as court-appointed guardians.
         (e)  The course of instruction described by this section must
  be low-cost and available to persons throughout this state,
  including on the Internet provided through the state bar.
         SECTION 71.  Section 155.205(b), Government Code, is amended
  to read as follows:
         (b)  The commission shall obtain:
               (1)  fingerprint-based criminal history record
  information of a proposed guardian [an applicant] if:
                     (A)  the liquid assets of the estate of a ward
  exceed $50,000; or
                     (B)  the proposed guardian is not a resident of
  this state; or
               (2)  name-based criminal history record information of
  a proposed guardian, including any criminal history record
  information under the current name and all former names of the
  proposed guardian, [an applicant] if:
                     (A)  the liquid assets of the estate of a ward are
  $50,000 or less; and
                     (B)  the proposed guardian is a resident of this
  state.
         SECTION 72.  (a) Except as otherwise provided by this Act,
  the changes in law made by this Act apply to:
               (1)  a guardianship created before, on, or after the
  effective date of this Act; and
               (2)  an application for a guardianship pending on, or
  filed on or after, the effective date of this Act.
         (b)  Section 202.054, Estates Code, as amended by this Act,
  applies only to a proceeding to declare heirship commenced on or
  after the effective date of this Act.  A proceeding to declare
  heirship commenced before that date is governed by the law in effect
  on the date the proceeding was commenced, and the former law is
  continued in effect for that purpose.
         (c)  Section 452.006(c), Estates Code, as added by this Act,
  applies only to a temporary administrator appointed on or after the
  effective date of this Act.  A temporary administrator appointed
  before the effective date of this Act is governed by the law in
  effect on the date the administrator was appointed, and the former
  law is continued in effect for that purpose.
         (d)  Section 503.002, Estates Code, as amended by this Act,
  applies only to a copy of a testamentary instrument or other
  document filed for recording on or after the effective date of this
  Act.  A copy of a testamentary instrument or other document filed
  before the effective date of this Act is governed by the law in
  effect on the date the instrument or document was filed, and the
  former law is continued in effect for that purpose.
         (e)  The changes in law made by this Act to Section 1021.001,
  Estates Code, apply only to an action filed on or after the
  effective date of this Act. An action filed before the effective
  date of this Act is governed by the law in effect on the date the
  action was filed, and the former law is continued in effect for that
  purpose.
         (f)  Sections 1101.001 and 1251.005, Estates Code, as
  amended by this Act, apply only to an application for the
  appointment of a guardian or temporary guardian filed on or after
  the effective date of this Act.  An application for the appointment
  of a guardian or temporary guardian filed before the effective date
  of this Act is governed by the law in effect on the date the
  application was filed, and the former law is continued in effect for
  that purpose.
         (g)  Sections 1054.201 and 1101.153, Estates Code, as
  amended by this Act, and Section 155.205, Government Code, as
  amended by this Act, apply only to a guardianship proceeding
  commenced on or after the effective date of this Act.  A
  guardianship proceeding commenced before the effective date of this
  Act is governed by the law applicable to the proceeding immediately
  before the effective date of this Act, and the former law is
  continued in effect for that purpose.
         (h)  The changes in law made by this Act to Section 1251.101,
  Estates Code, and Chapter 1105, Estates Code, apply only to the
  qualification of a guardian that occurs on or after the effective
  date of this Act.  The qualification of a guardian that occurs
  before the effective date of this Act is governed by the law in
  effect on the date the guardian qualifies to serve, and the former
  law is continued in effect for that purpose.
         (i)  Section 1301.0511, Estates Code, as added by this Act,
  applies only to an application for creation of a management trust
  filed on or after the effective date of this Act. An application
  for creation of a management trust filed before the effective date
  of this Act is governed by the law in effect on the date the
  application was filed, and the former law is continued in effect for
  that purpose.
         (j)  The changes in law made by this Act to Sections 1301.101
  and 1301.203, Estates Code, apply only to an application for the
  creation or modification of a management trust filed on or after the
  effective date of this Act. An application for the creation or
  modification of a management trust filed before the effective date
  of this Act is governed by the law in effect on the date the
  application was filed, and the former law is continued in effect for
  that purpose.
         (k)  The changes in law made by this Act to Section 1355.105,
  Estates Code, apply only to an application for an order for the
  delivery of money that is filed on or after the effective date of
  this Act. An application for an order for the delivery of money
  that is filed before the effective date of this Act is governed by
  the law in effect on the date the application was filed, and the
  former law is continued in effect for that purpose.
         (l)  The changes in law made by this Act to Sections 25.0006
  and 25.00231, Government Code, apply only to an insurance policy
  delivered, issued for delivery, or renewed on or after January 1,
  2022.  An insurance policy delivered, issued for delivery, or
  renewed before January 1, 2022, is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         (m)  Section 74.141, Government Code, as amended by this Act,
  applies to a cause of action filed on or after the effective date of
  this Act.  A cause of action filed before the effective date of this
  Act is governed by the law in effect immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 73.  This Act takes effect September 1, 2021.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 626 passed the Senate on
  March 25, 2021, by the following vote:  Yeas 30, Nays 0;
  May 25, 2021, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 27, 2021, House
  granted request of the Senate; May 29, 2021, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 626 passed the House, with
  amendments, on May 20, 2021, by the following vote:  Yeas 146,
  Nays 0, one present not voting; May 27, 2021, House granted request
  of the Senate for appointment of Conference Committee;
  May 30, 2021, House adopted Conference Committee Report by the
  following vote:  Yeas 139, Nays 1, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor