Bill Text: TX SB1622 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to payment and reimbursement of court costs in a guardianship proceeding.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to State Affairs [SB1622 Detail]
Download: Texas-2015-SB1622-Introduced.html
84R333 CLG-D | ||
By: Rodríguez | S.B. No. 1622 |
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relating to payment and reimbursement of court costs in a | ||
guardianship proceeding. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1155.151, Estates Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsections (a-1), | ||
(a-2), (d), and (e) to read as follows: | ||
(a) In a guardianship proceeding, the court costs of the | ||
proceeding, including the costs described by Subsection (a-1) [ |
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provided by Subsection (c), be paid as follows [ |
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judgment accordingly: | ||
(1) out of the guardianship estate; | ||
(2) by the party to the proceeding who incurred the | ||
costs unless that party filed, on the party's own behalf, an | ||
affidavit of inability to pay the costs under Rule 145, Texas Rules | ||
of Civil Procedure, if: | ||
(A) there is no guardianship estate; or | ||
(B) the guardianship estate is insufficient to | ||
pay the costs; or | ||
(3) out of the county treasury if: | ||
(A) there is no guardianship estate or the | ||
guardianship estate is insufficient to pay the costs; and | ||
(B) the party to the proceeding who incurred the | ||
costs filed, on the party's own behalf, an affidavit of inability to | ||
pay the costs under Rule 145, Texas Rules of Civil Procedure. | ||
(a-1) In a guardianship proceeding, the cost of any | ||
guardians ad litem, attorneys ad litem, court visitors, mental | ||
health professionals, and interpreters appointed under this title | ||
shall be set in an amount the court considers equitable and just. | ||
(a-2) Notwithstanding any other law requiring the payment | ||
of court costs in a guardianship proceeding, the following are not | ||
required to pay court costs on the filing of or during a | ||
guardianship proceeding: | ||
(1) an attorney ad litem; | ||
(2) a guardian ad litem; | ||
(3) a person or entity who files an affidavit of | ||
inability to pay under Rule 145, Texas Rules of Civil Procedure; | ||
(4) a nonprofit guardianship program; | ||
(5) a governmental entity; and | ||
(6) a government agency or nonprofit agency providing | ||
guardianship services. | ||
(b) The costs attributable to the services of a person | ||
described by Subsection (a-1) [ |
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section at any time after the commencement of the proceeding as | ||
ordered by the court. | ||
(d) If a guardianship of the estate is created, a person or | ||
entity who paid any costs on the filing of the proceeding is | ||
entitled to be reimbursed out of the guardianship estate for the | ||
costs if: | ||
(1) the assets of the estate are sufficient to cover | ||
the reimbursement of the costs; and | ||
(2) the person or entity has not been ordered by the | ||
court to pay the costs as all or part of the payment of court costs | ||
under Subsection (c). | ||
(e) If at any time after a guardianship of the estate is | ||
created there are sufficient estate assets to pay the amount of any | ||
of the costs exempt from payment under Subsection (a-2), the court | ||
shall require the guardian to pay out of the guardianship estate to | ||
the court clerk for deposit in the county treasury the amount of any | ||
of those costs. | ||
SECTION 2. Sections 1052.051(d), (e), and (f), Estates | ||
Code, are repealed. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a guardianship proceeding filed on or after the effective date of | ||
this Act. A guardianship proceeding filed before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
proceeding was filed, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 4. This Act takes effect September 1, 2015. |