reglab/housing_qa huggingface dataset:
TX Est Code § 1153.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1153 - Notice to Claimants|Section 1153.005. One Notice Sufficient; Liability for Failure to Give Required Notice

Sec. 1153.005.  ONE NOTICE SUFFICIENT; LIABILITY FOR FAILURE TO GIVE REQUIRED NOTICE.  (a)  A guardian of an estate is not required to give a notice required by Section 1153.003 if another person also appointed as guardian or a former guardian has given that notice.(b)  If the guardian fails to give a notice required by other sections of this title or to cause the notice to be given, the guardian and the sureties on the guardian's bond are liable for any damage a person suffers because of the neglect, unless it appears that the person otherwise had notice.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1164.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1164 - Liability of Guardian or Guardianship Program|Section 1164.001. Liability of Guardian

Sec. 1164.001.  LIABILITY OF GUARDIAN.  A person is not liable to a third person solely because the person has been appointed guardian of a ward under this title.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1164.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1164 - Liability of Guardian or Guardianship Program|Section 1164.002. Immunity of Guardianship Program

Sec. 1164.002.  IMMUNITY OF GUARDIANSHIP PROGRAM.  A guardianship program is not liable for civil damages arising from an action taken or omission made by a person while providing guardianship services to a ward on behalf of the guardianship program, unless the action or omission was:(1)  wilfully wrongful;(2)  taken or made:(A)  with conscious indifference to or reckless disregard for the safety of the ward or another;(B)  in bad faith; or(C)  with malice; or(3)  grossly negligent.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1302.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1302 - Pooled Trust Subaccounts|Section 1302.001. Definitions

Sec. 1302.001.  DEFINITIONS.  In this chapter:(1)  "Beneficiary" means a person for whom a subaccount is established.(2)  "Medical assistance" means benefits and services under the medical assistance program administered under Chapter 32, Human Resources Code.(3)  "Pooled trust" means a trust that meets the requirements of 42 U.S.C. Section 1396p(d)(4)(C) for purposes of exempting the trust from the applicability of 42 U.S.C. Section 1396p(d) in determining the eligibility of a person who is disabled for medical assistance.(4)  "Subaccount" means an account in a pooled trust established solely for the benefit of a beneficiary.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1302.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1302 - Pooled Trust Subaccounts|Section 1302.002. Application to Establish Subaccount

Sec. 1302.002.  APPLICATION TO ESTABLISH SUBACCOUNT.  The following persons may apply to the court for the establishment of a subaccount for the benefit of a minor or other incapacitated person, an alleged incapacitated person, or a disabled person who is not an incapacitated person:(1)  the guardian of the incapacitated person;(2)  a person who has filed an application for the appointment of a guardian for the alleged incapacitated person;(3)  an attorney ad litem or guardian ad litem appointed to represent:(A)  the incapacitated person who is a ward or that person's interests; or(B)  the alleged incapacitated person who does not have a guardian; or(4)  the disabled person.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.074, eff. January 1, 2014.|
TX Est Code § 1302.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1302 - Pooled Trust Subaccounts|Section 1302.003. Appointment of Attorney Ad Litem

Sec. 1302.003.  APPOINTMENT OF ATTORNEY AD LITEM.  (a)  The court shall appoint an attorney ad litem for a person who is a minor or has a mental disability and who is the subject of an application under Section 1302.002.(b)  The attorney ad litem is entitled to a reasonable fee and reimbursement of expenses to be paid from the person's property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1302.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1302 - Pooled Trust Subaccounts|Section 1302.004. Establishment of Subaccount

Sec. 1302.004.  ESTABLISHMENT OF SUBACCOUNT.  If the court finds that it is in the best interests of a person who is the subject of an application under Section 1302.002, the court may order:(1)  the establishment of a subaccount of which the person is the beneficiary;  and(2)  the transfer to the subaccount of any of the person's property on hand or accruing to the person.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1302.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1302 - Pooled Trust Subaccounts|Section 1302.005. Terms of Subaccount

Sec. 1302.005.  TERMS OF SUBACCOUNT.  Unless the court orders otherwise, the terms governing the subaccount must provide that:(1)  the subaccount terminates on the earliest of the date of:(A)  the beneficiary's 18th birthday, if the beneficiary is not disabled on that date and was a minor at the time the subaccount was established;(B)  the beneficiary's death;  or(C)  a court order terminating the subaccount;  and(2)  on termination, any property remaining in the beneficiary's subaccount after making any required payments to satisfy the amounts of medical assistance reimbursement claims for medical assistance provided to the beneficiary under this state's medical assistance program and other states' medical assistance programs shall be distributed to:(A)  the beneficiary, if on the date of termination the beneficiary is living and is not incapacitated;(B)  the beneficiary's guardian, if on the date of termination the beneficiary is living and is incapacitated; or(C)  the personal representative of the beneficiary's estate, if on the date of termination the beneficiary is deceased.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1302.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1302 - Pooled Trust Subaccounts|Section 1302.006. Fees and Reporting

Sec. 1302.006.  FEES AND REPORTING.  (a)  The manager or trustee of a pooled trust may:(1)  assess fees against a subaccount of that pooled trust that is established under this chapter, in accordance with the manager's or trustee's standard fee structure; and(2)  pay fees assessed under Subdivision (1) from the subaccount.(b)  If required by the court, the manager or trustee of the pooled trust shall file a copy of the annual report of account with the court clerk.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1302.007 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle H - Court-Authorized Trusts and Accounts|Chapter 1302 - Pooled Trust Subaccounts|Section 1302.007. Jurisdiction Exclusive

Sec. 1302.007.  JURISDICTION EXCLUSIVE.  Notwithstanding any other law, the court that orders the establishment of a subaccount for a beneficiary has exclusive jurisdiction of a subsequent proceeding or action that relates to both the beneficiary and the subaccount, and the proceeding or action may be brought only in that court.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1354.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons|Section 1354.001. Appointment of Receiver

Sec. 1354.001.  APPOINTMENT OF RECEIVER.  (a)  A judge of a probate court in the county in which an incapacitated person resides or in which the incapacitated person's endangered estate is located shall, with or without application, enter an order appointing a suitable person as receiver to take charge of the estate if:(1)  it appears that all or part of the estate of the incapacitated person is in danger of injury, loss, or waste and in need of a guardianship or other representative;(2)  there is no guardian of the estate who is qualified in this state; and(3)  a guardian is not needed.(b)  The court order must specify the duties and powers of the receiver the judge considers necessary for the protection, conservation, and preservation of the estate.(c)  The clerk shall enter an order issued under this section in the judge's guardianship docket.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1354.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons|Section 1354.002. Bond

Sec. 1354.002.  BOND.  (a)  A court order issued under Section 1354.001 shall require a receiver appointed under that section to give a bond, as in ordinary receiverships, in an amount the judge considers necessary to protect the estate.(b)  The person appointed as receiver shall:(1)  make and submit a bond for the judge's approval; and(2)  file the bond, when approved, with the clerk.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1354.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons|Section 1354.003. Powers and Duties of Receiver

Sec. 1354.003.  POWERS AND DUTIES OF RECEIVER.  The person appointed as receiver shall take charge of the endangered estate as provided by the powers and duties vested in the person by the order of appointment and subsequent orders of the judge.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1354.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons|Section 1354.004. Expenditures by Receiver

Sec. 1354.004.  EXPENDITURES BY RECEIVER.  (a) If, while the receivership is pending, the needs of the incapacitated person require the use of the income or corpus of the estate for the education, clothing, or subsistence of the person, the judge shall, with or without application, enter an order in the judge's guardianship docket that appropriates an amount of income or corpus sufficient for that purpose.(b)  The receiver shall use the amount appropriated by the court to pay a claim for the education, clothing, or subsistence of the incapacitated person that is presented to the judge for approval and ordered by the judge to be paid.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1354.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons|Section 1354.005. Use of Excess Estate Assets

Sec. 1354.005.  USE OF EXCESS ESTATE ASSETS.  (a) A receiver who, while the receivership is pending, has possession of an amount of money belonging to the incapacitated person in excess of the amount needed for current necessities and expenses may, under direction of the judge, invest, lend, or contribute all or part of the excess money in the manner, for the security, and on the terms provided by this title for investments, loans, or contributions by guardians.(b)  The receiver shall report to the judge all transactions made under this section in the same manner that a report is required of a guardian under this title.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1354.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons|Section 1354.006. Receiver's Expenses, Account, and Compensation

Sec. 1354.006.  RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION.  (a) All necessary expenses incurred by a receiver in administering the estate may be reported monthly to the judge in the form of a sworn statement of account that includes a report of:(1)  the receiver's acts;(2)  the condition of the estate;(3)  the status of the threatened danger to the estate; and(4)  the progress made toward abatement of the danger.(b)  If the judge is satisfied that the statement is correct and reasonable in all respects, the judge shall promptly enter an order approving the expenses and authorizing reimbursement of the receiver from the estate funds in the receiver's possession.  (c)  A receiver shall be compensated for services provided in the receiver's official capacity in the same manner and amount provided by this title for similar services provided by a guardian of an estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1354.007 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons|Section 1354.007. Closing Receivership; Notice

Sec. 1354.007.  CLOSING RECEIVERSHIP; NOTICE.  (a) When the threatened danger has abated and the estate is no longer liable to injury, loss, or waste because there is no guardian or other representative of the estate, the receiver shall:(1)  report to the judge; and(2)  file with the clerk a full and final sworn account of:(A)  all property of the estate received by the receiver;(B)  all property of the estate in the receiver's possession while the receivership was pending;(C)  all sums paid out;(D)  all acts performed by the receiver with respect to the estate; and(E)  all property of the estate remaining in the receiver's possession on the date of the report.(b)  On the filing of the report, the clerk shall:(1)  issue and cause to be posted a notice to all persons interested in the welfare of the incapacitated person; and(2)  give personal notice to the person who has custody of the incapacitated person to appear before the judge at a time and place specified in the notice and contest the report and account if the person desires.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1354.008 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons|Section 1354.008. Discharge of Receiver

Sec. 1354.008.  DISCHARGE OF RECEIVER.  (a) If, on hearing the receiver's report and account, the judge is satisfied that the danger of injury, loss, or waste to the estate has abated and that the report and account are correct, the judge shall:(1)  enter an order finding that the danger of injury, loss, or waste to the estate has abated; and(2)  direct the receiver to deliver the estate to:(A)  the person from whom the receiver took possession as receiver;(B)  the person who has custody of the incapacitated person; or(C)  another person the judge finds is entitled to possession of the estate.(b)  A person who receives the estate under Subsection (a) shall execute and file with the clerk an appropriate receipt for the estate that is delivered to the person.(c)  The judge's order shall discharge the receivership and the sureties on the receiver's bond.(d)  If the judge is not satisfied that the danger has abated, or is not satisfied with the receiver's report and account, the judge shall enter an order continuing the receivership in effect until the judge is satisfied that the danger has abated or is satisfied with the report and account.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1354.009 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle I - Other Special Proceedings and Substitutes for Guardianship|Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons|Section 1354.009. Record

Sec. 1354.009.  RECORD.  An order, bond, report, account, or notice in a receivership proceeding must be recorded in the judge's guardianship docket.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 2001.001 (2021)
2021 Texas Statutes|Estates Code|Title 4 - Digital Assets|Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act|Subchapter A. General Provisions|Section 2001.001. Short Title

Sec. 2001.001.  SHORT TITLE.  This chapter may be cited as the Texas Revised Uniform Fiduciary Access to Digital Assets Act.|Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.|
TX Est Code § 2001.003 (2021)
2021 Texas Statutes|Estates Code|Title 4 - Digital Assets|Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act|Subchapter A. General Provisions|Section 2001.003. Applicability

Sec. 2001.003.  APPLICABILITY.  (a)  This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.(b)  This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.|Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.|
TX Est Code § 2001.004 (2021)
2021 Texas Statutes|Estates Code|Title 4 - Digital Assets|Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act|Subchapter A. General Provisions|Section 2001.004. Uniformity of Application and Construction

Sec. 2001.004.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law, with respect to the subject matter of this chapter, among states that enact a law based on the uniform act on which this chapter is based.|Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.|
TX Est Code § 2001.005 (2021)
2021 Texas Statutes|Estates Code|Title 4 - Digital Assets|Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act|Subchapter A. General Provisions|Section 2001.005. Relation to Electronic Signatures in Global and National Commerce Act

Sec. 2001.005.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.  This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. Section 7003(b)).|Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.|
TX Est Code § 2001.051 (2021)
2021 Texas Statutes|Estates Code|Title 4 - Digital Assets|Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act|Subchapter B. General Procedures for Access to Digital Assets|Section 2001.051. User Direction for Disclosure of Digital Assets

Sec. 2001.051.  USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.  (a)  A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of an electronic communication.  If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.(b)  If a user has not used an online tool to give direction under Subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit disclosure to a fiduciary of some or all of the user's digital assets, including the content of an electronic communication sent or received by the user, in a will, trust, power of attorney, or other record.(c)  A user's direction under Subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.|Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.|
TX Est Code § 2001.052 (2021)
2021 Texas Statutes|Estates Code|Title 4 - Digital Assets|Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act|Subchapter B. General Procedures for Access to Digital Assets|Section 2001.052. Terms-of-Service Agreement

Sec. 2001.052.  TERMS-OF-SERVICE AGREEMENT.  (a)  This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.(b)  This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents.(c)  A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under Section 2001.051.|Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.|