reglab/housing_qa huggingface dataset:
TX Est Code § 1022.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1022 - Jurisdiction|Section 1022.005. Exclusive Jurisdiction of Guardianship Proceeding in County With Statutory Probate Court

Sec. 1022.005.  EXCLUSIVE JURISDICTION OF GUARDIANSHIP PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT.  (a)  In a county in which there is a statutory probate court, the statutory probate court has exclusive jurisdiction of all guardianship proceedings, regardless of whether contested or uncontested.(b)  A cause of action related to a guardianship proceeding of which the statutory probate court has exclusive jurisdiction as provided by Subsection (a) must be brought in the statutory probate court unless the jurisdiction of the statutory probate court is concurrent with the jurisdiction of a district court as provided by Section 1022.006 or with the jurisdiction of any other court.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.|
TX Est Code § 1022.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1022 - Jurisdiction|Section 1022.006. Concurrent Jurisdiction With District Court

Sec. 1022.006.  CONCURRENT JURISDICTION WITH DISTRICT COURT.  A statutory probate court has concurrent jurisdiction with the district court in:(1)  a personal injury, survival, or wrongful death action by or against a person in the person's capacity as a guardian; and(2)  an action involving a guardian in which each other party aligned with the guardian is not an interested person in the guardianship.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.|
TX Est Code § 1022.007 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1022 - Jurisdiction|Section 1022.007. Transfer of Proceeding by Statutory Probate Court

Sec. 1022.007.  TRANSFER OF PROCEEDING BY STATUTORY PROBATE COURT.  (a)  A judge of a statutory probate court, on the motion of a party to the action or of a person interested in the guardianship, may:(1)  transfer to the judge's court from a district, county, or statutory court a cause of action that is a matter related to a guardianship proceeding pending in the statutory probate court, including a cause of action that is a matter related to a guardianship proceeding pending in the statutory probate court and in which the guardian, ward, or proposed ward in the pending guardianship proceeding is a party; and(2)  consolidate the transferred cause of action with the guardianship proceeding to which it relates and any other proceedings in the statutory probate court that are related to the guardianship proceeding.(b)  Notwithstanding any other provision of this title, the proper venue for an action by or against a guardian, ward, or proposed ward for personal injury, death, or property damages is determined under Section 15.007, Civil Practice and Remedies Code.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.|
TX Est Code § 1022.008 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1022 - Jurisdiction|Section 1022.008. Transfer of Contested Guardianship of the Person of a Minor

Sec. 1022.008.  TRANSFER OF CONTESTED GUARDIANSHIP OF THE PERSON OF A MINOR.  (a)  If an interested person contests an application for the appointment of a guardian of the person of a minor or an interested person seeks the removal of a guardian of the person of a minor, the judge, on the judge's own motion, may transfer all matters related to the guardianship proceeding to a court of competent jurisdiction in which a suit affecting the parent-child relationship under the Family Code is pending.(b)  The probate court that transfers a proceeding under this section to a court with proper jurisdiction over suits affecting the parent-child relationship shall send to the court to which the transfer is made the complete files in all matters affecting the guardianship of the person of the minor and certified copies of all entries in the judge's guardianship docket.  The transferring court shall keep a copy of the transferred files.  If the transferring court retains jurisdiction of the guardianship of the estate of the minor or of another minor who was the subject of the suit, the court shall send a copy of the complete files to the court to which the transfer is made and shall keep the original files.(c) The court to which a transfer is made under this section shall apply the procedural and substantive provisions of the Family Code, including Sections 155.005 and 155.205, in regard to enforcing an order rendered by the court from which the proceeding was transferred.|Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 77, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 165, Sec. 7.55, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 602 (H.B. 585), Sec. 12, eff. June 19, 2009.Acts 2011, 82nd Leg., R.S., Ch. 1085 (S.B. 1196), Sec. 5, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1085 (S.B. 1196), Sec. 6, eff. September 1, 2011.Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(b), eff. January 1, 2014.|
TX Est Code § 1023.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1023 - Venue|Section 1023.001. Venue for Appointment of Guardian

Sec. 1023.001. VENUE FOR APPOINTMENT OF GUARDIAN.  (a)  Except as otherwise authorized by this section, a proceeding for the appointment of a guardian for the person or estate, or both, of an incapacitated person shall be brought in the county in which the proposed ward resides or is located on the date the application is filed or in the county in which the principal estate of the proposed ward is located.(b) A proceeding for the appointment of a guardian for the person or estate, or both, of a minor may be brought:(1) in the county in which both the minor's parents reside;(2) if the parents do not reside in the same county, in the county in which the parent who is the sole managing conservator of the minor resides, or in the county in which the parent who is the joint managing conservator with the greater period of physical possession of and access to the minor resides;(3) if only one parent is living and the parent has custody of the minor, in the county in which that parent resides;(4) if both parents are dead but the minor was in the custody of a deceased parent, in the county in which the last surviving parent having custody resided;  or(5) if both parents of a minor child have died in a common disaster and there is no evidence that the parents died other than simultaneously, in the county in which both deceased parents resided at the time of their simultaneous deaths if they resided in the same county.(c) A proceeding for the appointment of a guardian who was appointed by will may be brought in the county in which the will was admitted to probate or in the county of the appointee's residence if the appointee resides in this state.(d) Repealed by Acts 1999, 76th Leg., ch. 379, Sec. 10, eff. Sept. 1, 1999.|Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 379, Sec. 10, eff. Sept. 1, 1999.Transferred and redesignated from Probate Code, Art/Sec 610 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(c), eff. January 1, 2014.|
TX Est Code § 1023.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1023 - Venue|Section 1023.002. Concurrent Venue and Transfer for Want of Venue

Sec. 1023.002.  CONCURRENT VENUE AND TRANSFER FOR WANT OF VENUE.  (a)  If two or more courts have concurrent venue of a guardianship proceeding, the court in which an application for a guardianship proceeding is initially filed has and retains jurisdiction of the proceeding.  A proceeding is considered commenced by the filing of an application alleging facts sufficient to confer venue, and the proceeding initially legally commenced extends to all of the property of the guardianship estate.(b) If a guardianship proceeding is commenced in more than one county, it shall be stayed except in the county in which it was initially commenced until final determination of proper venue is made by the court in the county in which it was initially commenced.(c) If it appears to the court at any time before the guardianship is closed that the proceeding was commenced in a court that did not have venue over the proceeding, the court shall, on the application of any interested person, transfer the proceeding to the proper county.(d) When a proceeding is transferred to another county under a provision of this chapter, all orders entered in connection with the proceeding shall be valid and shall be recognized in the court to which the guardianship was ordered transferred, if the orders were made and entered in conformance with the procedures prescribed by this code.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(d), eff. January 1, 2014.|
TX Est Code § 1023.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1023 - Venue|Section 1023.003. Transfer of Guardianship to Another County

Sec. 1023.003.  TRANSFER OF GUARDIANSHIP TO ANOTHER COUNTY.  (a)  When a guardian or any other person desires to transfer the transaction of the business of the guardianship from one county to another, the person shall file a written application in the court in which the guardianship is pending stating the reason for the transfer.(b)  With notice as provided by Section 1023.004, the court in which a guardianship is pending, on the court's own motion, may transfer the transaction of the business of the guardianship to another county if the ward resides in the county to which the guardianship is to be transferred.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 1(c), eff. September 1, 2017.|
TX Est Code § 1023.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1023 - Venue|Section 1023.004. Notice

Sec. 1023.004.  NOTICE.  (a)  On filing an application or on motion of a court to transfer a guardianship to another county under Section 1023.003, the sureties on the bond of the guardian shall be cited by personal service to appear and show cause why the guardianship should not be transferred.(b)  If an application is filed by a person other than the guardian, the guardian shall be cited by personal service to appear and show cause why the guardianship should not be transferred.(c)  If a court made a motion to transfer a guardianship, the guardian shall be given notice by certified mail to appear and show cause why the guardianship should not be transferred.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(e), eff. January 1, 2014.Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 1(d), eff. September 1, 2017.Acts 2021, 87th Leg., R.S., Ch. 243 (H.B. 1296), Sec. 1, eff. September 1, 2021.|
TX Est Code § 1023.005 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1023 - Venue|Section 1023.005. Court Action

Sec. 1023.005.  COURT ACTION.  (a)  On hearing an application or motion under Section 1023.003, if it appears that transfer of the guardianship 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;(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.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 1, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 1(e), eff. September 1, 2017.Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 1, eff. September 1, 2021.|
TX Est Code § 1023.006 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1023 - Venue|Section 1023.006. Transfer of Record

Sec. 1023.006.  TRANSFER OF RECORD.  When an order of transfer is made under Section 1023.005, the clerk shall record any unrecorded papers of the guardianship required to be recorded.  On payment of the clerk's fee, the clerk shall transmit in electronic or paper form to the county clerk of the county to which the guardianship was ordered transferred:(1)  the case file of the guardianship proceedings; and(2)  a certified copy of the index of the guardianship records.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 14, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 13, eff. September 1, 2021.|
TX Est Code § 1023.007 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1023 - Venue|Section 1023.007. Transfer Effective

Sec. 1023.007.  TRANSFER EFFECTIVE.  The order transferring a guardianship does not take effect until:(1)  the case file and a certified copy of the index required by Section 1023.006 are filed in electronic or paper form in the office of the county clerk of the county to which the guardianship was ordered transferred; and(2)  a certificate under the clerk's official seal and reporting the filing of the case file and a certified copy of the index is filed in electronic or paper form in the court ordering the transfer by the county clerk of the county to which the guardianship was ordered transferred.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 15, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 14, eff. September 1, 2021.|
TX Est Code § 1023.008 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1023 - Venue|Section 1023.008. Continuation of Guardianship

Sec. 1023.008.  CONTINUATION OF GUARDIANSHIP.  (a)  When a guardianship is transferred from one county to another in accordance with this chapter:(1)  the guardianship proceeds in the court to 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.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 2, eff. September 1, 2021.|
TX Est Code § 1023.009 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1023 - Venue|Section 1023.009. New Guardian Appointed on Transfer

Sec. 1023.009.  NEW GUARDIAN APPOINTED ON TRANSFER.  If it appears to the court that transfer of the guardianship is in the best interests of the ward, but that because of the transfer it is not in the best interests of the ward for the guardian of the estate to continue to serve in that capacity, the court may in its order of transfer revoke the letters of guardianship and appoint a new guardian, and the former guardian shall account for and deliver the estate as provided by this title in a case in which a guardian resigns.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.|
TX Est Code § 1023.010 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1023 - Venue|Section 1023.010. Review of Transferred Guardianship

Sec. 1023.010.  REVIEW OF TRANSFERRED GUARDIANSHIP.  (a)  Not later than the 90th day after the date the transfer of the guardianship takes effect under Section 1023.007, the court to which the guardianship was transferred shall hold a hearing to consider modifying the rights, duties, and powers of the guardian or any other provisions of the transferred guardianship.(b)  After the hearing described by Subsection (a), the court to which the guardianship was transferred shall enter an order requiring the guardian to:(1)  give a new bond payable to the judge of the court to which the guardianship was transferred; or(2)  file a rider to an existing bond noting the court to which the guardianship was transferred.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 2, eff. September 1, 2015.|
TX Est Code § 1023.011 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle B - Scope, Jurisdiction, and Venue|Chapter 1023 - Venue|Section 1023.011. No Liability of Judge

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.|Added by Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 3, eff. September 1, 2021.|
TX Est Code § 1057.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1057 - Change and Resignation of Resident Agent of Guardian for Service of Process|Section 1057.001. Change of Resident Agent

Sec. 1057.001.  CHANGE OF RESIDENT AGENT.  (a)  A guardian may change the guardian's resident agent to accept service of process in a guardianship proceeding or other matter relating to the  guardianship by filing with the court in which the guardianship proceeding is pending a statement titled "Designation of Successor Resident Agent" that states the names and addresses of:(1)  the guardian;(2)  the resident agent; and(3)  the successor resident agent.(b)  The designation of a successor resident agent takes effect on the date the statement is filed with the court.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1057.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1057 - Change and Resignation of Resident Agent of Guardian for Service of Process|Section 1057.002. Resignation of Resident Agent

Sec. 1057.002.  RESIGNATION OF RESIDENT AGENT.  (a)  A resident agent of a guardian may resign as resident agent by giving notice to the guardian and filing with the court in which the guardianship proceeding is pending a statement titled "Resignation of Resident Agent" that states:(1)  the name of the guardian;(2)  the guardian's address most recently known by the resident agent;(3)  that notice of the resignation has been given to the guardian and the date that notice was given; and(4)  that the guardian does not have a resident agent.(b)  The resident agent shall send, by certified mail, return receipt requested, a copy of a resignation statement filed under Subsection (a) to:(1)  the guardian at the address most recently known by the resident agent; and(2)  each party in the case or the party's attorney or other designated representative of record.(c)  The resignation of the resident agent takes effect on the date the court enters an order accepting the resignation.  A court may not enter an order accepting the resignation unless the resident agent complies with this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|