Enacted-Effective 9/1/11: SB 481 -- Removal/reinstatement of guardian

Caption:  Relating to the removal of a guardian of an incapacitated person ordered by a court.
Author:  Harris
Bill History
Bill Text 

Relevance:  Requires notice to a removed guardian and a hearing on an application for reinstatement as guaridian within 60 days of the date of removal.

Enacted-Effective 9/1/11: SB 482 -- Authorization agreements for non-parent relatives

Caption:  Relating to the requirements for an authorization agreement for a nonparent relative of a child.
Author:  Harris
Bill History
Bill Text 

Relevance:  In 2009, the Legislature enacted Chapter 34 of the Family Code, permitting authorization agreements for nonparent relatives.  This bill provides that only one authorization agreement may be in effect at any time, and it favors the first-signed agreement over later-signed agreements.

x-Did Not Pass: SB 286 -- Costs in guardianships

Caption:  Relating to attorney's fees and other amounts taxed as costs in guardianship proceedings.
Author:  Harris
Bill History
Bill Text 

Relevance:  This bill would amend Probate Code Sections 665A and 665B to permit the court to allocate costs in a guardianship proceeding among the parties as the court finds is fair and just.  Costs include compensation of attorneys ad litem, guardians ad litem, mental health professionals and interpreters.

See "Ad litem fees and attorneys' fees in guardianships: who pays?" on texasprobate.com.

x-Did Not Pass: SB 817 -- Fraud on the community in divorce cases

Caption:  Relating to the division of community property on dissolution of marriage.
Author:  Harris
Bill History
Bill Text

Note:  While SB 817 did not pass, its companion, HB 908 passed both houses and, as of May 19, 2011, was awaiting Governor Perry's signature.

Relevance:  This bill applies only to suits for dissolution of a marriage.  It defines "fraud on the community" and requires the court to determine if a spouse has committed fraud on the community. If the court finds that a spouse has committed fraud on the community, it is required to calculate the "reconstituted" community estate and divide the reconstituted estate based on the fraud.

See "Bill may codify 'fraud on the community,' at least in divorces" on texasprobate.com.

x-Did Not Pass: SB 1027 -- Attorney/guardians can't provide legal services

Caption: Relating to the provision of legal services by a guardian in connection with a guardianship.
Author: Harris
Bill History
Bill Text

Relevance: This bill would add Section 773A to the Probate Code, reading: "An attorney who services as guardian may not provide legal services in connection with the guardianship." It would repeal Section 665D, which was added in 2009 and which provides that an attorney serving as guardian who also provides legal services (1) must file detailed billing with the court and (2) "is not entitled to payment of attorney's fees for guardianship services that are not legal services."