Bill Summary – FastDemocracy

         
		By: Zaffirini
            S.B. No. 44
         
         <
Statutes affected: 
Introduced: Estates Code 1023.002, Estates Code 1023.004, Estates Code 1023.005, Estates Code 1023.006, Estates Code 1105.157, Estates Code 1151.051, Estates Code 1155.151, Estates Code 1156.052, Estates Code 1203.006, Estates Code 1204.105, Estates Code 1204.151, Estates Code 1204.152, Estates Code 1251.005, Estates Code 1023.008 (Estates Code 1151, Estates Code 1156, Estates Code 1251, Estates Code 1204, Estates Code 1023, Estates Code 1155, Estates Code 1203, Estates Code 1105)

               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to guardianships for persons who are incapacitated; 
         
            changing a fee.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Section 1023.002(c), Estates Code, is amended to 
         
            read as follows:
         
                   (c)  If it appears to the court at any time before the 
         
            guardianship is closed that the proceeding was commenced in a court 
         
            that did not have venue over the proceeding, the court shall, on the 
         
            application of any interested person, transfer the proceeding to 
         
            the proper county in the manner prescribed by Section 1023.006.
         
                   SECTION 2.  Section 1023.004(a), Estates Code, is amended to 
         
            read as follows:
         
                   (a)  On filing an application or on motion of a court to 
         
            transfer a guardianship to another county under Section 1023.002 or
         
            1023.003, the sureties on the bond of the guardian shall be cited by 
         
            a qualified delivery method [personal service] to appear and show 
         
            cause why the guardianship should not be transferred.
         
                   SECTION 3.  Section 1023.005(c), Estates Code, is amended to 
         
            read as follows:
         
                   (c)  On receipt of an order described by Subsection (a), the 
         
            clerk of the court to which the guardianship is transferred 
         
            [county] shall accept the transfer of the guardianship.
         
                   SECTION 4.  Sections 1023.006(a), (b), (c), (d), (e), and 
         
            (g), Estates Code, are amended to read as follows:
         
                   (a)  Not later than the 10th working day after the date an 
         
            order of transfer is signed under Section 1023.002 or 1023.005, the 
         
            clerk shall record any unrecorded papers of the guardianship 
         
            required to be recorded.  On payment of the clerk's fee, the clerk 
         
            shall send, using the electronic filing system established under 
         
            Section 72.031, Government Code, to the county clerk of the county 
         
            to which the guardianship was ordered transferred:
         
                         (1)  a transfer certificate and certified index of 
         
            transferred documents;
         
                         (2)  a copy of each [final] order;
         
                         (3)  a copy of the order of transfer signed by the 
         
            transferring court;
         
                         (4)  a copy of the original papers filed in the 
         
            transferring court, including any papers previously received on 
         
            transfer from a court in another county;
         
                         (5)  a copy of the transfer certificate and certified 
         
            index of transferred documents from each previous transfer, if 
         
            applicable; and
         
                         (6)  a bill of any costs accrued in the transferring 
         
            court.
         
                   (b)  The clerk of the transferring court shall use the 
         
            standardized transfer certificate and certified index of 
         
            transferred documents form developed by the Office of Court 
         
            Administration of the Texas Judicial System under Section 72.037, 
         
            Government Code, when transferring a proceeding under this section.
         
                   (c)  The clerk of the transferring court shall keep a copy of 
         
            the documents transferred under Subsection (a), including 
         
            transferred pleadings, orders, and all other papers filed into the 
         
            case record.
         
                   (d)  The clerk of the court to which the proceeding is 
         
            transferred shall, subject to Section 1023.005:
         
                         (1)  accept documents transferred under Subsection 
         
            (a);
         
                         (2)  docket the suit; and
         
                         (3)  notify, using the electronic filing system 
         
            established under Section 72.031, Government Code, all parties, the 
         
            clerk of the transferring court, and, if appropriate, the 
         
            transferring court's local registry that the suit has been 
         
            docketed.
         
                   (e)  The clerk of the transferee court shall physically or 
         
            electronically mark or stamp the transfer certificate and certified 
         
            index of transferred documents to evidence the date and time of 
         
            acceptance under Subsection (d), but may not physically or 
         
            electronically mark or stamp any other document transferred under 
         
            Subsection (a).
         
                   (g)  The clerks of both the transferee and transferring 
         
            courts may each produce under Chapter 51, Government Code, 
         
            certified or uncertified copies of documents transferred under 
         
            Subsection (a) but must include a copy of the transfer certificate


	A BILL TO BE ENTITLED
	AN ACT
	relating to guardianships for persons who are incapacitated;
	changing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 1023.002(c), Estates Code, is amended to
	read as follows:
	(c) If it appears to the court at any time before the
	guardianship is closed that the proceeding was commenced in a court
	that did not have venue over the proceeding, the court shall, on the
	application of any interested person, transfer the proceeding to
	the proper county in the manner prescribed by Section 1023.006.
	SECTION 2. Section 1023.004(a), Estates Code, is amended to
	read as follows:
	(a) On filing an application or on motion of a court to
	transfer a guardianship to another county under Section 1023.002 or
	1023.003, the sureties on the bond of the guardian shall be cited by
	a qualified delivery method [~~personal service~~] to appear and show
	cause why the guardianship should not be transferred.
	SECTION 3. Section 1023.005(c), Estates Code, is amended to
	read as follows:
	(c) On receipt of an order described by Subsection (a), the
	clerk of the court to which the guardianship is transferred
	[~~county~~] shall accept the transfer of the guardianship.
	SECTION 4. Sections 1023.006(a), (b), (c), (d), (e), and
	(g), Estates Code, are amended to read as follows:
	(a) Not later than the 10th working day after the date an
	order of transfer is signed under Section 1023.002 or 1023.005, the
	clerk shall record any unrecorded papers of the guardianship
	required to be recorded. On payment of the clerk's fee, the clerk
	shall send, using the electronic filing system established under
	Section 72.031, Government Code, to the county clerk of the county
	to which the guardianship was ordered transferred:
	(1) a transfer certificate and certified index of
	transferred documents;
	(2) a copy of each [~~final~~] order;
	(3) a copy of the order of transfer signed by the
	transferring court;
	(4) a copy of the original papers filed in the
	transferring court, including any papers previously received on
	transfer from a court in another county;
	(5) a copy of the transfer certificate and certified
	index of transferred documents from each previous transfer, if
	applicable; and
	(6) a bill of any costs accrued in the transferring
	court.
	(b) The clerk of the transferring court shall use the
	standardized transfer certificate and certified index of
	transferred documents form developed by the Office of Court
	Administration of the Texas Judicial System under Section 72.037,
	Government Code, when transferring a proceeding under this section.
	(c) The clerk of the transferring court shall keep a copy of
	the documents transferred under Subsection (a), including
	transferred pleadings, orders, and all other papers filed into the
	case record.
	(d) The clerk of the court to which the proceeding is
	transferred shall, subject to Section 1023.005:
	(1) accept documents transferred under Subsection
	(a);
	(2) docket the suit; and
	(3) notify, using the electronic filing system
	established under Section 72.031, Government Code, all parties, the
	clerk of the transferring court, and, if appropriate, the
	transferring court's local registry that the suit has been
	docketed.
	(e) The clerk of the transferee court shall physically or
	electronically mark or stamp the transfer certificate and certified
	index of transferred documents to evidence the date and time of
	acceptance under Subsection (d), but may not physically or
	electronically mark or stamp any other document transferred under
	Subsection (a).
	(g) The clerks of both the transferee and transferring
	courts may each produce under Chapter 51, Government Code,
	certified or uncertified copies of documents transferred under
	Subsection (a) but must include a copy of the transfer certificate