Bill Text: TX SB286 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to attorney's fees and other costs in guardianship proceedings.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-05-25 - House passage as amended reported [SB286 Detail]
Download: Texas-2011-SB286-Engrossed.html
By: Harris | S.B. No. 286 |
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relating to attorney's fees and other amounts taxed as costs in | ||
guardianship proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 665A, Texas Probate Code, is amended to | ||
read as follows: | ||
Sec. 665A. PAYMENT FOR PROFESSIONAL SERVICES. The court | ||
shall order the payment of a fee in an amount set by the court that | ||
is fair and just as compensation to the attorneys, mental health | ||
professionals, and interpreters appointed under this chapter, as | ||
applicable, to be taxed as costs in the case. The court may | ||
allocate attorney's fees taxed as costs under this section among | ||
the parties as the court finds is fair and just. If after examining | ||
the proposed ward's assets the court determines the proposed ward | ||
is unable to pay for costs allocated to the proposed ward for | ||
services provided by an attorney, a mental health professional, or | ||
an interpreter appointed under this chapter, as applicable, the | ||
county is responsible for those costs [ |
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SECTION 2. Section 665B, Texas Probate Code, as amended by | ||
Chapters 314 (H.B. 587) and 930 (H.B. 3080), Acts of the 81st | ||
Legislature, Regular Session, 2009, is reenacted and amended to | ||
read as follows: | ||
Sec. 665B. PAYMENT OF ATTORNEY'S FEES TO CERTAIN ATTORNEYS. | ||
(a) A court that creates a guardianship or creates a management | ||
trust under Section 867 of this code for a ward under this chapter, | ||
on request of a person who filed an application to be appointed | ||
guardian of the proposed ward, an application for the appointment | ||
of another suitable person as guardian of the proposed ward, or an | ||
application for the creation of the management trust, may authorize | ||
the payment of reasonable and necessary attorney's fees, as | ||
determined by the court, in amounts the court considers fair and | ||
just, to an attorney who represents the person who filed the | ||
application at the application hearing, regardless of whether the | ||
person is appointed the ward's guardian or whether a management | ||
trust is created, from: | ||
(1) subject to Subsection (a-1) of this section, the | ||
parties to the guardianship proceeding, allocated as the court | ||
finds is fair and just; or | ||
(2) subject to Subsection (a-1) of this section, | ||
available funds of the [ |
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created. | ||
(a-1) The court may authorize amounts allocated to the | ||
ward's estate under Subsection (a)(1) of this section or amounts to | ||
be paid from available funds of the management trust as provided by | ||
Subsection (a)(2) of this section to instead be paid from the county | ||
treasury,[ |
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(1) [ |
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management trust[ |
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(2) [ |
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for that purpose. | ||
(b) The court may not authorize attorney's fees under this | ||
section unless the court finds that the applicant acted in good | ||
faith and for just cause in the filing and prosecution of the | ||
application. | ||
(c) The court may authorize the payment of attorney's fees | ||
from the county treasury under Subsection (a-1) [ |
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section only if the court is satisfied that the attorney to whom the | ||
fees will be paid has not received, and is not seeking, payment for | ||
the services described by that subsection from any other source. | ||
SECTION 3. Subsection (a), Section 669, Texas Probate Code, | ||
is amended to read as follows: | ||
(a) Except as provided by Subsection (b) of this section or | ||
Section 665A or 665B(a) of this code, in a guardianship matter, the | ||
cost of the proceeding, including the cost of the guardian ad litem | ||
or court visitor, shall be set in an amount the court considers fair | ||
and just and shall be paid out of the guardianship estate, or, if | ||
the estate is insufficient to pay for the cost of the proceeding, | ||
the cost of the proceeding shall be paid out of the county treasury, | ||
and the judgment of the court shall be issued accordingly. | ||
SECTION 4. The changes in law made by this Act apply to a | ||
guardianship created before, on, or after the effective date of | ||
this Act. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |