Bill Text: TX SB1129 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-06-07 - Effective on 9/1/21 [SB1129 Detail]
Download: Texas-2021-SB1129-Enrolled.html
S.B. No. 1129 |
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relating to guardianships, alternatives to guardianship, and | ||
supports and services for incapacitated persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1023.005, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1023.005. COURT ACTION. (a) On hearing an application | ||
or motion under Section 1023.003, if [ |
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is in the best interests of the ward and either the ward has resided | ||
in the county to which the guardianship is to be transferred for at | ||
least six months or good cause is not otherwise shown to deny the | ||
transfer, the court shall enter an order: | ||
(1) authorizing the transfer on payment on behalf of | ||
the estate of all accrued costs; [ |
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(2) requiring that any existing bond of the guardian | ||
must remain in effect until a new bond has been given or a rider has | ||
been filed in accordance with Section 1023.010; and | ||
(3) certifying that the guardianship is in compliance | ||
with this code at the time of transfer. | ||
(b) In making a determination that the transfer is in the | ||
best interests of the ward under Subsection (a), the court may | ||
consider: | ||
(1) the interests of justice; | ||
(2) the convenience of the parties; and | ||
(3) the preference of the ward, if the ward is 12 years | ||
of age or older. | ||
(c) On receipt of an order described by Subsection (a), the | ||
county shall accept the transfer of the guardianship. | ||
SECTION 2. Section 1023.008, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1023.008. CONTINUATION OF GUARDIANSHIP. (a) When a | ||
guardianship is transferred from one county to another in | ||
accordance with this chapter: | ||
(1) [ |
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which it was transferred as if it had been originally commenced in | ||
that court; | ||
(2) the court to which the guardianship is transferred | ||
becomes the court of continuing, exclusive jurisdiction; | ||
(3) a proceeding relating to the guardianship that is | ||
commenced in the court ordering the transfer continues in the court | ||
to which the guardianship is transferred as if the proceeding | ||
commenced in the receiving court; | ||
(4) a judgment or order entered in the guardianship | ||
before the transfer has the same effect and must be enforced as a | ||
judgment or order entered by the court to which the guardianship is | ||
transferred; and | ||
(5) the court ordering the transfer does not retain: | ||
(A) jurisdiction of the ward who is the subject | ||
of the guardianship; and | ||
(B) the authority to enforce an order entered for | ||
a violation of this title that occurred before or after the | ||
transfer. | ||
(b) It is not necessary to record in the receiving court any | ||
of the papers in the case that were recorded in the court from which | ||
the case was transferred. | ||
SECTION 3. Chapter 1023, Estates Code, is amended by adding | ||
Section 1023.011 to read as follows: | ||
Sec. 1023.011. NO LIABILITY OF JUDGE. (a) When a | ||
guardianship is transferred from one county to another in | ||
accordance with this chapter, a judge of the court from which the | ||
guardianship is transferred may not be held civilly liable for any | ||
injury, damage, or loss to the ward or the ward's estate that occurs | ||
after the transfer. | ||
(b) A judge of the court to which a guardianship is | ||
transferred as described by Subsection (a) may not be held civilly | ||
liable for any injury, damage, or loss to the ward or the ward's | ||
estate that occurred before the transfer. | ||
SECTION 4. Subchapter D, Chapter 1055, Estates Code, is | ||
amended to read as follows: | ||
SUBCHAPTER D. MEDIATION | ||
Sec. 1055.151. MEDIATION OF CONTESTED GUARDIANSHIP | ||
PROCEEDING. (a) Subject to Subsection (b), on [ |
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agreement of the parties or on the court's own motion, the court may | ||
refer a contested guardianship proceeding to mediation. | ||
(b) If the court refers to mediation a proceeding under | ||
Subsection (a) regarding the appointment of a guardian for a | ||
proposed ward: | ||
(1) a determination of incapacity of the proposed ward | ||
may be an issue to be mediated, but the applicant for guardianship | ||
must still prove to the court that the proposed ward is an | ||
incapacitated person in accordance with the requirements of Chapter | ||
1101; and | ||
(2) all parties to the proceeding shall evaluate | ||
during the mediation alternatives to guardianship and supports and | ||
services available to the proposed ward, including whether the | ||
supports and services and alternatives to guardianship would be | ||
feasible to avoid the need for appointment of a guardian. | ||
(c) The cost of mediation shall be paid by the parties to the | ||
proceeding unless otherwise ordered by the court. If the parties | ||
are unable to pay the cost of mediation, the court may refer the | ||
parties to a local alternative dispute resolution center providing | ||
services as part of a system for resolution of disputes established | ||
under Section 152.002, Civil Practice and Remedies Code, if a | ||
system has been established in the county, and the local center may | ||
waive mediation costs as appropriate. | ||
Sec. 1055.152. MEDIATED SETTLEMENT AGREEMENTS. (a) A | ||
mediated settlement agreement is binding on the parties if the | ||
agreement: | ||
(1) provides, in a prominently displayed statement | ||
that is in boldfaced type, in capital letters, or underlined, that | ||
the agreement is not subject to revocation by the parties; | ||
(2) is signed by each party to the agreement; and | ||
(3) is signed by the party's attorney, if any, who is | ||
present at the time the agreement is signed. | ||
(b) [ |
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requirements of this section, a party is entitled to judgment on the | ||
mediated settlement agreement notwithstanding Rule 11, Texas Rules | ||
of Civil Procedure, or another rule or law. | ||
(c) [ |
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settlement agreement if the court finds that the agreement is not in | ||
the ward's or proposed ward's best interests. | ||
SECTION 5. Chapter 155, Government Code, is amended by | ||
adding Subchapter G to read as follows: | ||
SUBCHAPTER G. GUARDIANSHIP MEDIATION TRAINING | ||
Sec. 155.301. TRAINING. (a) The office by rule shall | ||
establish a training course with at least 24 hours of training for | ||
persons facilitating mediations under Title 3, Estates Code, that | ||
may be provided by a mediation training provider approved by the | ||
office. A mediation training provider shall adhere to the | ||
established curriculum in providing the training course. | ||
(b) This section does not require a mediator facilitating a | ||
mediation under Title 3, Estates Code, to attend or be certified | ||
under a training course established under Subsection (a). | ||
SECTION 6. The changes in law made by this Act apply to a | ||
guardianship created before, on, or after the effective date of | ||
this Act. | ||
SECTION 7. The Office of Court Administration of the Texas | ||
Judicial System is required to implement a provision of this Act | ||
only if the legislature appropriates money specifically for that | ||
purpose. If the legislature does not appropriate money | ||
specifically for that purpose, the Office of Court Administration | ||
of the Texas Judicial System may, but is not required to, implement | ||
a provision of this Act using other appropriations available for | ||
that purpose. | ||
SECTION 8. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1129 passed the Senate on | ||
April 19, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1129 passed the House on | ||
May 20, 2021, by the following vote: Yeas 146, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |