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AN ACT
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relating to guardianships, alternatives to guardianship, and |
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supports and services for incapacitated persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1023.005, Estates Code, is amended to |
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read as follows: |
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Sec. 1023.005. COURT ACTION. (a) On hearing an application |
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or motion under Section 1023.003, if [good cause is not shown to |
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deny the transfer and] it appears that transfer of the guardianship |
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is in the best interests of the ward and either the ward has resided |
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in the county to which the guardianship is to be transferred for at |
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least six months or good cause is not otherwise shown to deny the |
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transfer, the court shall enter an order: |
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(1) authorizing the transfer on payment on behalf of |
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the estate of all accrued costs; [and] |
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(2) requiring that any existing bond of the guardian |
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must remain in effect until a new bond has been given or a rider has |
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been filed in accordance with Section 1023.010; and |
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(3) certifying that the guardianship is in compliance |
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with this code at the time of transfer. |
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(b) In making a determination that the transfer is in the |
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best interests of the ward under Subsection (a), the court may |
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consider: |
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(1) the interests of justice; |
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(2) the convenience of the parties; and |
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(3) the preference of the ward, if the ward is 12 years |
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of age or older. |
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(c) On receipt of an order described by Subsection (a), the |
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county shall accept the transfer of the guardianship. |
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SECTION 2. Section 1023.008, Estates Code, is amended to |
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read as follows: |
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Sec. 1023.008. CONTINUATION OF GUARDIANSHIP. (a) When a |
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guardianship is transferred from one county to another in |
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accordance with this chapter: |
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(1) [,] the guardianship proceeds in the court to |
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which it was transferred as if it had been originally commenced in |
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that court; |
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(2) the court to which the guardianship is transferred |
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becomes the court of continuing, exclusive jurisdiction; |
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(3) a proceeding relating to the guardianship that is |
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commenced in the court ordering the transfer continues in the court |
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to which the guardianship is transferred as if the proceeding |
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commenced in the receiving court; |
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(4) a judgment or order entered in the guardianship |
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before the transfer has the same effect and must be enforced as a |
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judgment or order entered by the court to which the guardianship is |
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transferred; and |
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(5) the court ordering the transfer does not retain: |
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(A) jurisdiction of the ward who is the subject |
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of the guardianship; and |
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(B) the authority to enforce an order entered for |
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a violation of this title that occurred before or after the |
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transfer. |
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(b) It is not necessary to record in the receiving court any |
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of the papers in the case that were recorded in the court from which |
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the case was transferred. |
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SECTION 3. Chapter 1023, Estates Code, is amended by adding |
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Section 1023.011 to read as follows: |
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Sec. 1023.011. NO LIABILITY OF JUDGE. (a) When a |
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guardianship is transferred from one county to another in |
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accordance with this chapter, a judge of the court from which the |
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guardianship is transferred may not be held civilly liable for any |
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injury, damage, or loss to the ward or the ward's estate that occurs |
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after the transfer. |
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(b) A judge of the court to which a guardianship is |
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transferred as described by Subsection (a) may not be held civilly |
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liable for any injury, damage, or loss to the ward or the ward's |
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estate that occurred before the transfer. |
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SECTION 4. Subchapter D, Chapter 1055, Estates Code, is |
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amended to read as follows: |
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SUBCHAPTER D. MEDIATION |
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Sec. 1055.151. MEDIATION OF CONTESTED GUARDIANSHIP |
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PROCEEDING. (a) Subject to Subsection (b), on [On] the written |
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agreement of the parties or on the court's own motion, the court may |
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refer a contested guardianship proceeding to mediation. |
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(b) If the court refers to mediation a proceeding under |
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Subsection (a) regarding the appointment of a guardian for a |
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proposed ward: |
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(1) a determination of incapacity of the proposed ward |
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may be an issue to be mediated, but the applicant for guardianship |
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must still prove to the court that the proposed ward is an |
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incapacitated person in accordance with the requirements of Chapter |
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1101; and |
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(2) all parties to the proceeding shall evaluate |
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during the mediation alternatives to guardianship and supports and |
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services available to the proposed ward, including whether the |
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supports and services and alternatives to guardianship would be |
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feasible to avoid the need for appointment of a guardian. |
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(c) The cost of mediation shall be paid by the parties to the |
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proceeding unless otherwise ordered by the court. If the parties |
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are unable to pay the cost of mediation, the court may refer the |
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parties to a local alternative dispute resolution center providing |
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services as part of a system for resolution of disputes established |
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under Section 152.002, Civil Practice and Remedies Code, if a |
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system has been established in the county, and the local center may |
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waive mediation costs as appropriate. |
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Sec. 1055.152. MEDIATED SETTLEMENT AGREEMENTS. (a) A |
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mediated settlement agreement is binding on the parties if the |
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agreement: |
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(1) provides, in a prominently displayed statement |
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that is in boldfaced type, in capital letters, or underlined, that |
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the agreement is not subject to revocation by the parties; |
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(2) is signed by each party to the agreement; and |
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(3) is signed by the party's attorney, if any, who is |
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present at the time the agreement is signed. |
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(b) [(c)] If a mediated settlement agreement meets the |
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requirements of this section, a party is entitled to judgment on the |
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mediated settlement agreement notwithstanding Rule 11, Texas Rules |
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of Civil Procedure, or another rule or law. |
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(c) [(d)] Notwithstanding Subsections (a) and (b) [and |
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(c)], a court may decline to enter a judgment on a mediated |
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settlement agreement if the court finds that the agreement is not in |
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the ward's or proposed ward's best interests. |
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SECTION 5. Chapter 155, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. GUARDIANSHIP MEDIATION TRAINING |
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Sec. 155.301. TRAINING. (a) The office by rule shall |
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establish a training course with at least 24 hours of training for |
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persons facilitating mediations under Title 3, Estates Code, that |
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may be provided by a mediation training provider approved by the |
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office. A mediation training provider shall adhere to the |
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established curriculum in providing the training course. |
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(b) This section does not require a mediator facilitating a |
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mediation under Title 3, Estates Code, to attend or be certified |
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under a training course established under Subsection (a). |
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SECTION 6. The changes in law made by this Act apply to a |
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guardianship created before, on, or after the effective date of |
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this Act. |
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SECTION 7. The Office of Court Administration of the Texas |
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Judicial System is required to implement a provision of this Act |
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only if the legislature appropriates money specifically for that |
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purpose. If the legislature does not appropriate money |
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specifically for that purpose, the Office of Court Administration |
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of the Texas Judicial System may, but is not required to, implement |
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a provision of this Act using other appropriations available for |
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that purpose. |
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SECTION 8. 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 hereby certify that S.B. No. 1129 passed the Senate on |
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April 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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I hereby certify that S.B. No. 1129 passed the House on |
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May 20, 2021, by the following vote: Yeas 146, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |