reglab/housing_qa huggingface dataset:
TX Est Code § 1054.156 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys|Subchapter D. Court Investigators|Section 1054.156. Appointment of Court Investigator for Certain Courts

Sec. 1054.156.  APPOINTMENT OF COURT INVESTIGATOR FOR CERTAIN COURTS.  (a)  The judge of a court as defined by Section 1002.008(a)(1) or (2), other than a statutory probate court, may appoint a court investigator if the appointment is authorized by the commissioners court.(b)  The commissioners court may authorize additional court investigators for a county if necessary.(c)  The commissioners court shall set the salary of a court investigator.(d)  The appointment of a court investigator by the judge of a statutory probate court is governed by Section 25.0025, Government Code.|Added by Acts 2017, 85th Leg., R.S., Ch. 414 (S.B. 1016), Sec. 3, eff. September 1, 2017.|
TX Est Code § 1054.201 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys|Subchapter E. Qualifications to Serve as Attorney|Section 1054.201. Certification Required

Sec. 1054.201.  CERTIFICATION REQUIRED.  (a)  Except as provided by Subsection (c), an attorney representing any person's interests in a guardianship proceeding, including an attorney ad litem, must be certified by the State Bar of Texas, or a person or other entity designated by the state bar, as having successfully completed a course of study in guardianship law and procedure sponsored by the state bar or the state bar's designee.(b)  The State Bar of Texas shall require four hours of credit for certification under this subchapter, including one hour on alternatives to guardianship and supports and services available to proposed wards.(c)  An attorney may commence representation of a person's interests and file an appearance in a guardianship proceeding before completing the course required for certification under Subsection (a), but must complete the course not later than the 14th day after the date of filing the appearance and before filing any substantive motion in the guardianship proceeding.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 6, eff. September 1, 2015.Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 20, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 18, eff. September 1, 2021.|
TX Est Code § 1054.202 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys|Subchapter E. Qualifications to Serve as Attorney|Section 1054.202. Certificate Expiration

Sec. 1054.202.  CERTIFICATE EXPIRATION.  (a)  Except as provided by Subsection (b), a certificate issued under this subchapter expires on the second anniversary of the date the certificate is issued.(b)  A new certificate obtained by a person to whom a certificate under this subchapter was previously issued expires on the fourth anniversary of the date the new certificate is issued if the person has been certified each of the four years immediately preceding the date the new certificate is issued.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1054.203 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys|Subchapter E. Qualifications to Serve as Attorney|Section 1054.203. Eligibility for Appointment on Expiration of Certificate

Sec. 1054.203.  ELIGIBILITY FOR APPOINTMENT ON EXPIRATION OF CERTIFICATE.  An attorney whose certificate issued under this subchapter has expired must obtain a new certificate to be eligible for appointment by a court to represent a person at a guardianship proceeding, including as an attorney ad litem.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1055.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1055 - Trial and Hearing Matters|Subchapter A. Standing and Pleadings|Section 1055.001. Standing to Commence or Contest Proceeding

Sec. 1055.001.  STANDING TO COMMENCE OR CONTEST PROCEEDING.  (a)  Except as provided by Subsection (b), any person has the right to:(1)  commence a guardianship proceeding, including a proceeding for complete restoration of a ward's capacity or modification of a ward's guardianship; or(2)  appear and contest a guardianship proceeding or the appointment of a particular person as guardian.(b)  A person who has an interest that is adverse to a proposed ward or incapacitated person may not:(1)  file an application to create a guardianship for the proposed ward or incapacitated person;(2)  contest the creation of a guardianship for the proposed ward or incapacitated person;(3)  contest the appointment of a person as a guardian of the proposed ward or incapacitated person; or(4)  contest an application for complete restoration of a ward's capacity or modification of a ward's guardianship.(c)  The court shall determine by motion in limine the standing of a person who has an interest that is adverse to a proposed ward or incapacitated person.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1055.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1055 - Trial and Hearing Matters|Subchapter A. Standing and Pleadings|Section 1055.002. Defect in Pleading

Sec. 1055.002.  DEFECT IN PLEADING.  A court may not invalidate a pleading in a guardianship proceeding, or an order based on the pleading, on the basis of a defect of form or substance in the pleading unless a timely objection has been made against the defect and the defect has been called to the attention of the court in which the proceeding was or is pending.|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. 6.031, eff. January 1, 2014.|
TX Est Code § 1055.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1055 - Trial and Hearing Matters|Subchapter A. Standing and Pleadings|Section 1055.003. Intervention by Interested Person

Sec. 1055.003.  INTERVENTION BY INTERESTED PERSON.  (a)  Notwithstanding the Texas Rules of Civil Procedure and except as provided by Subsection (d), an interested person may intervene in a guardianship proceeding only by filing a timely motion to intervene that is served on the parties.(b)  The motion must state the grounds for intervention in the proceeding and be accompanied by a pleading that sets out the purpose for which intervention is sought.(c)  The court has the discretion to grant or deny the motion and, in exercising that discretion, must consider whether:(1)  the intervention will unduly delay or prejudice the adjudication of the original parties' rights; or(2)  the proposed intervenor has such an adverse relationship with the ward or proposed ward that the intervention would unduly prejudice the adjudication of the original parties' rights.(d)  A person who is entitled to receive notice under Section 1051.104 is not required to file a motion under this section to intervene in a guardianship proceeding.|Added by Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 7, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 7, eff. September 1, 2017.|
TX Est Code § 1055.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1055 - Trial and Hearing Matters|Subchapter B. Trial and Hearing|Section 1055.051. Hearing by Submission

Sec. 1055.051.  HEARING BY SUBMISSION.  (a)  A court may consider by submission a motion or application filed under this title unless the proceeding is:(1)  contested; or(2)  an application for the appointment of a guardian.(b)  The party seeking relief under a motion or application being considered by the court on submission has the burden of proof at the hearing.(c)  The court may consider a person's failure to file a response to a motion or application that may be considered on submission as a representation that the person does not oppose the motion or application.(d)  A person's request for oral argument is not a response to a motion or application under this section.(e)  The court, on the court's own motion, may order oral argument on a motion or application that may be considered by submission.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1055.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1055 - Trial and Hearing Matters|Subchapter B. Trial and Hearing|Section 1055.052. Trial by Jury

Sec. 1055.052.  TRIAL BY JURY.  A party in a contested guardianship proceeding is entitled to a jury trial on request.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1055.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1055 - Trial and Hearing Matters|Subchapter B. Trial and Hearing|Section 1055.053. Location of Hearing

Sec. 1055.053.  LOCATION OF HEARING.  (a)  Except as provided by Subsection (b), the judge may hold a hearing on a guardianship proceeding involving an adult ward or adult proposed ward at any suitable location in the county in which the guardianship proceeding is pending.  The hearing should be held in a physical setting that is not likely to have a harmful effect on the ward or proposed ward.(b)  On the request of the adult proposed ward, the adult ward, or the attorney of the proposed ward or ward, the hearing may not be held under the authority of this section at a place other than the courthouse.|Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.032, eff. January 1, 2014.|
TX Est Code § 1055.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1055 - Trial and Hearing Matters|Subchapter C. Evidence|Section 1055.101. Applicability of Certain Rules Relating to Witnesses and Evidence

Sec. 1055.101.  APPLICABILITY OF CERTAIN RULES RELATING TO WITNESSES AND EVIDENCE.  The rules relating to witnesses and evidence that apply in the district court apply in a guardianship proceeding to the extent practicable.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1055.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1055 - Trial and Hearing Matters|Subchapter C. Evidence|Section 1055.102. Use of Certain Records as Evidence

Sec. 1055.102.  USE OF CERTAIN RECORDS AS EVIDENCE.  The following are admissible as evidence in any court of this state:(1)  record books described by Sections 1052.001, 1052.002, and 1052.003 and individual case files described by Section 1052.052, including records maintained in a manner allowed under Section 1052.004; and(2)  certified copies or reproductions of the records.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1055.151 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1055 - Trial and Hearing Matters|Subchapter D. Mediation|Section 1055.151. Mediation of Contested Guardianship Proceeding

Sec. 1055.151.  MEDIATION OF CONTESTED GUARDIANSHIP PROCEEDING.  (a)  Subject to Subsection (b), on the written agreement of the parties or on the court's own motion, the court may refer a contested guardianship proceeding to mediation.(b)  If the court refers to mediation a proceeding under Subsection (a) regarding the appointment of a guardian for a proposed ward:(1)  a determination of incapacity of the proposed ward may be an issue to be mediated, but the applicant for guardianship must still prove to the court that the proposed ward is an incapacitated person in accordance with the requirements of Chapter 1101; and(2)  all parties to the proceeding shall evaluate during the mediation alternatives to guardianship and supports and services available to the proposed ward, including whether the supports and services and alternatives to guardianship would be feasible to avoid the need for appointment of a guardian.(c)  The cost of mediation shall be paid by the parties to the proceeding unless otherwise ordered by the court.  If the parties are unable to pay the cost of mediation, the court may refer the parties to a local alternative dispute resolution center providing services as part of a system for resolution of disputes established under Section 152.002, Civil Practice and Remedies Code, if a system has been established in the county, and the local center may waive mediation costs as appropriate.|Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 7, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 4, eff. September 1, 2021.|
TX Est Code § 1055.152 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1055 - Trial and Hearing Matters|Subchapter D. Mediation|Section 1055.152. Mediated Settlement Agreements

Sec. 1055.152.  MEDIATED SETTLEMENT AGREEMENTS.  (a)  A mediated settlement agreement is binding on the parties if the agreement:(1)  provides, in a prominently displayed statement that is in boldfaced type, in capital letters, or underlined, that the agreement is not subject to revocation by the parties;(2)  is signed by each party to the agreement; and(3)  is signed by the party's attorney, if any, who is present at the time the agreement is signed.(b)  If a mediated settlement agreement meets the requirements of this section, a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule or law.(c)  Notwithstanding Subsections (a) and (b), a court may decline to enter a judgment on a mediated settlement agreement if the court finds that the agreement is not in the ward's or proposed ward's best interests.|Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 7, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 4, eff. September 1, 2021.|
TX Est Code § 1056.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1056 - Execution, Attachment, and Bill of Review|Subchapter A. Execution|Section 1056.001. Executions in Guardianship Proceedings

Sec. 1056.001.  EXECUTIONS IN GUARDIANSHIP PROCEEDINGS.  (a)  An execution in a guardianship proceeding must be:(1)  directed "to any sheriff or any constable within the State of Texas";(2)  attested and signed by the clerk officially under court seal; and(3)  made returnable in 60 days.(b)  A proceeding under an execution in a guardianship proceeding is governed, to the extent applicable, by the laws regulating a proceeding under an execution issued by a district court.(c)  Notwithstanding Subsection (a), an execution directed to the sheriff or a constable of a specific county in this state may not be held defective if properly executed within that county by the sheriff or constable to whom the execution is directed.|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. 6.033, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.034, eff. January 1, 2014.|
TX Est Code § 1056.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1056 - Execution, Attachment, and Bill of Review|Subchapter B. Attachment of Estate Property|Section 1056.051. Order for Issuance of Writ of Attachment

Sec. 1056.051.  ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT.  (a)  If a person interested in the estate of an incapacitated person files with the judge a written complaint made under oath alleging that the guardian is about to remove the estate or a part of the estate outside of the state, the judge may order a writ of attachment to issue, directed "to any sheriff or any constable within the State of Texas."  The writ must order the sheriff or constable to:(1)  seize the estate or a part of the estate; and(2)  hold that property subject to further court order.(b)  Notwithstanding Subsection (a), a writ of attachment directed to the sheriff or constable of a specific county in this state is not defective if the writ was properly executed within that county by the sheriff or constable to whom the writ is directed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1056.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1056 - Execution, Attachment, and Bill of Review|Subchapter B. Attachment of Estate Property|Section 1056.052. Bond

Sec. 1056.052.  BOND.  Before a judge may issue a writ of attachment ordered under Section 1056.051, the complainant must execute a bond that is:(1)  payable to the guardian of the estate;(2)  in an amount set by the judge; and(3)  conditioned on the payment of all damages and costs that are recovered for a wrongful suit out of the writ.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1056.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1056 - Execution, Attachment, and Bill of Review|Subchapter C. Bill of Review|Section 1056.101. Revision and Correction of Order or Judgment in Guardianship Proceeding

Sec. 1056.101.  REVISION AND CORRECTION OF ORDER OR JUDGMENT IN GUARDIANSHIP PROCEEDING.  (a)  An interested person, including a ward, may, by a bill of review filed in the court in which the guardianship proceeding was held, have an order or judgment rendered by the court revised and corrected on a showing of error in the order or judgment.(b)  Except as provided by Subsection (c), a bill of review to revise and correct an order or judgment may not be filed more than two years after the date of the order or judgment.(c)  A bill of review to revise and correct an order or judgment filed by a person whose disability has been removed must be filed not later than the second anniversary of the date the person's disability was removed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1056.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1056 - Execution, Attachment, and Bill of Review|Subchapter C. Bill of Review|Section 1056.102. Injunction

Sec. 1056.102.  INJUNCTION.  A process or action under a court order or judgment subject to a bill of review filed under Section 1056.101 may be stayed only by writ of injunction.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1101.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter A. Initiation of Proceeding for Appointment of Guardian|Section 1101.002. Contents of Application; Confidentiality of Certain Addresses

Sec. 1101.002.  CONTENTS OF APPLICATION; CONFIDENTIALITY OF CERTAIN ADDRESSES.  An application filed under Section 1101.001 may omit the address of a person named in the application if:(1)  the application states that the person is or was protected by a protective order issued under Chapter 85, Family Code;(2)  a copy of the protective order is attached to the application as an exhibit;(3)  the application states the county in which the person resides;(4)  the application indicates the place where notice to or the issuance and service of citation on the person may be made or sent; and(5)  the application is accompanied by a request for an order under Section 1051.201 specifying the manner of issuance, service, and return of citation or notice on the person.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Added by Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 8, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 8, eff. September 1, 2017.|
TX Est Code § 1101.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter B. Hearing; Jury Trial|Section 1101.051. Hearing

Sec. 1101.051.  HEARING.  (a)  At a hearing for the appointment of a guardian, the court shall:(1)  inquire into the ability of any allegedly incapacitated adult to:(A)  feed, clothe, and shelter himself or herself;(B)  care for his or her own physical health; and(C)  manage his or her property or financial affairs;(2)  ascertain the age of any proposed ward who is a minor;(3)  inquire into the governmental reports for any person who must have a guardian appointed to receive funds due the person from any governmental source; and(4)  inquire into the qualifications, abilities, and capabilities of the person seeking to be appointed guardian.(b)  A proposed ward must be present at the hearing unless the court, on the record or in the order, determines that a personal appearance is not necessary.(c)  The court may close the hearing at the request of the proposed ward or the proposed ward's counsel.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1101.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter B. Hearing; Jury Trial|Section 1101.052. Jury Trial

Sec. 1101.052.  JURY TRIAL.  A proposed ward is entitled to a jury trial on request.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1101.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1101 - General Procedure to Appoint Guardian|Subchapter B. Hearing; Jury Trial|Section 1101.053. Provision of Records Required; Use of Records

Sec. 1101.053.  PROVISION OF RECORDS REQUIRED; USE OF RECORDS.  (a) Before a hearing may be held for the appointment of a guardian, current and relevant medical, psychological, and intellectual testing records of the proposed ward must be provided to the attorney ad litem appointed to represent the proposed ward unless:(1)  the proposed ward is a minor or a person who must have a guardian appointed to receive funds due the person from any governmental source; or(2)  the court makes a finding on the record that:(A)  current or relevant records do not exist; and(B)  examining the proposed ward for the purpose of creating the records is impractical.(b)  Current medical, psychological, and intellectual testing records are a sufficient basis for a determination of guardianship.(c)  The findings and recommendations contained in the medical, psychological, and intellectual testing records are not binding on the court.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|