reglab/housing_qa huggingface dataset:
TX Est Code § 1051.153 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1051 - Notices and Process in Guardianship Proceedings in General|Subchapter D. Return and Proof of Service of Citation or Notice|Section 1051.153. Proof of Service

Sec. 1051.153.  PROOF OF SERVICE.  (a)  Proof of service in each case requiring citation or notice must be filed before a hearing.(b)  Proof of service consists of:(1)  if the service is made by a sheriff or constable, the return of service;(2)  if the service is made by a private person, the person's affidavit;(3)  if the service is made by mail:(A)  the certificate of the county clerk making the service, or the affidavit of the guardian or other person making the service that states that the citation or notice was mailed and the date of the mailing; and(B)  the return receipt attached to the certificate, if the mailing was by registered or certified mail and a receipt has been returned; and(4)  if the service is made by publication:(A)  a statement that:(i)  is made by the Office of Court Administration of the Texas Judicial System or an employee of the office;(ii)  contains or to which is attached a copy of the published citation or notice; and(iii)  states the date of publication on the public information Internet website maintained as required by Section 72.034, Government Code, as added by Chapter 606 (S.B. 891), Acts of the 86th Legislature, Regular Session, 2019; and(B)  an affidavit that:(i)  is made by the publisher of the newspaper in which the citation or notice was published or an employee of the publisher;(ii)  contains or to which is attached a copy of the published citation or notice; and(iii)  states the date of publication printed on the newspaper in which the citation or notice was published.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.08, eff. June 1, 2020.Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 9.03, eff. September 1, 2021.|
TX Est Code § 1051.154 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1051 - Notices and Process in Guardianship Proceedings in General|Subchapter D. Return and Proof of Service of Citation or Notice|Section 1051.154. Return to Court

Sec. 1051.154.  RETURN TO COURT.  A citation or notice issued by a county clerk must be returned to the court from which the citation or notice was issued on the first Monday after the service is perfected.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1051.201 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1051 - Notices and Process in Guardianship Proceedings in General|Subchapter E. Alternative Manner of Issuance, Service, and Return|Section 1051.201. Court-Ordered Issuance, Service, and Return Under Certain Circumstances

Sec. 1051.201.  COURT-ORDERED ISSUANCE, SERVICE, AND RETURN UNDER CERTAIN CIRCUMSTANCES.  (a)  A citation or notice required by this title shall be issued, served, and returned in the manner specified by written order of the court in accordance with this title and the Texas Rules of Civil Procedure if:(1)  an interested person requests that action;(2)  a specific method is not provided by this title for giving the citation or notice;(3)  a specific method is not provided by this title for the service and return of citation or notice; or(4)  a provision with respect to a matter relating to citation or notice is inadequate.(b)  Citation or notice issued, served, and returned in the manner specified by a court order as provided by Subsection (a) has the same effect as if the manner of service and return had been specified by 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 § 1051.251 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1051 - Notices and Process in Guardianship Proceedings in General|Subchapter F. Additional Notice Provisions|Section 1051.251. Waiver of Notice of Hearing

Sec. 1051.251.  WAIVER OF NOTICE OF HEARING.  (a)  A competent person who is interested in a hearing in a guardianship proceeding may waive notice of the hearing in writing either in person or through an attorney.(b)  A consul or other representative of a foreign government whose appearance has been entered as provided by law on behalf of a person residing in a foreign country may waive notice on the person's behalf.(c)  A person who submits to the jurisdiction of the court in a hearing is considered to have waived notice of the hearing.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1051.252 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1051 - Notices and Process in Guardianship Proceedings in General|Subchapter F. Additional Notice Provisions|Section 1051.252. Request for Notice of Filing of Pleading

Sec. 1051.252.  REQUEST FOR NOTICE OF FILING OF PLEADING.  (a)  At any time after an application is filed to commence a guardianship proceeding, a person interested in the estate or welfare of a ward or incapacitated person may file with the county clerk a written request to be notified of all, or any specified, motions, applications, or pleadings filed with respect to the proceeding by any person or by a person specifically designated in the request.  A person filing a request under this section is responsible for payment of the fees and other costs of providing the requested documents, and the clerk may require a deposit to cover the estimated costs of providing the notice.  The clerk shall send to the requestor by regular mail a copy of any requested document.(b)  A county clerk's failure to comply with a request under this section does not invalidate a proceeding.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1051.253 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1051 - Notices and Process in Guardianship Proceedings in General|Subchapter F. Additional Notice Provisions|Section 1051.253. Service of Notice of Intention to Take Depositions in Certain Proceedings

Sec. 1051.253.  SERVICE OF NOTICE OF INTENTION TO TAKE DEPOSITIONS IN CERTAIN PROCEEDINGS.  (a)  In a guardianship proceeding in which there is no opposing party or attorney of record on whom to serve notice and copies of interrogatories, service may be made by posting notice of the intention to take depositions for a period of 10 days as provided by Section 1051.053 governing a posting of notice.(b)  When notice by posting under Subsection (a) is filed with the clerk, a copy of the interrogatories must also be filed.(c)  At the expiration of the 10-day period prescribed by Subsection (a):(1)  the depositions for which the notice was posted may be taken; and(2)  the judge may file cross-interrogatories if no person appears.|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. 6.021, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 3, eff. January 1, 2014.|
TX Est Code § 1052.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1052 - Filing and Recordkeeping|Subchapter A. Recordkeeping Requirements|Section 1052.001. Guardianship Docket

Sec. 1052.001.  GUARDIANSHIP DOCKET.  (a)  The county clerk shall maintain a record book titled "Judge's Guardianship Docket" and shall record in the book:(1)  the name of each person with respect to whom, or with respect to whose estate, a proceeding is commenced or sought to be commenced;(2)  the name of the guardian of the estate or person or of the applicant for letters of guardianship;(3)  the date each original application for a guardianship proceeding is filed;(4)  a notation of each order, judgment, decree, and proceeding that occurs in each guardianship, including the date it occurs; and(5)  the docket number of each guardianship as assigned under Subsection (b).(b)  The county clerk shall assign a docket number to each guardianship in the order a proceeding is commenced.|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. 1031 (H.B. 1438), Sec. 4, eff. September 1, 2015.|
TX Est Code § 1052.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1052 - Filing and Recordkeeping|Subchapter A. Recordkeeping Requirements|Section 1052.002. Claim Docket

Sec. 1052.002.  CLAIM DOCKET.  (a)  The county clerk shall maintain a record book titled "Claim Docket" and shall record in the book each claim that is presented against a guardianship for the court's approval.(b)  The county clerk shall assign one or more pages of the record book to each guardianship.(c)  The claim docket must be ruled in 16 columns at proper intervals from top to bottom, with a short note of the contents at the top of each column.  The county clerk shall record for each claim, in the order the claims are filed, the following information in the respective columns, beginning with the first or marginal column:(1)  the name of the claimant;(2)  the amount of the claim;(3)  the date of the claim;(4)  the date the claim is filed;(5)  the date the claim is due;(6)  the date the claim begins bearing interest;(7)  the interest rate;(8)  the date the claim is allowed by the guardian, if applicable;(9)  the amount allowed by the guardian, if applicable;(10)  the date the claim is rejected, if applicable;(11)  the date the claim is approved, if applicable;(12)  the amount approved for the claim, if applicable;(13)  the date the claim is disapproved, if applicable;(14)  the class to which the claim belongs;(15)  the date the claim is established by a judgment of a court, if applicable; and(16)  the amount of the judgment established under Subdivision (15), if applicable.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1052.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1052 - Filing and Recordkeeping|Subchapter A. Recordkeeping Requirements|Section 1052.003. Guardianship Fee Book

Sec. 1052.003.  GUARDIANSHIP FEE BOOK.  (a)  The county clerk shall maintain a record book titled "Guardianship Fee Book" and shall record in the book each item of cost that accrues to the officers of the court and any witness fees.(b)  Each record entry must include:(1)  the party to whom the cost or fee is due;(2)  the date the cost or fee accrued;(3)  the guardianship or party liable for the cost or fee; and(4)  the date the cost or fee is paid.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1052.004 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1052 - Filing and Recordkeeping|Subchapter A. Recordkeeping Requirements|Section 1052.004. Alternate Recordkeeping

Sec. 1052.004.  ALTERNATE RECORDKEEPING.  Instead of maintaining the record books described by Sections 1052.001, 1052.002, and 1052.003, the county clerk may maintain the information described by those sections relating to a person's guardianship proceeding:(1)  on a computer file;(2)  on microfilm;(3)  in the form of a digitized optical image; or(4)  in another similar form of data compilation.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1052.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1052 - Filing and Recordkeeping|Subchapter B. Files; Index|Section 1052.051. Filing Procedures

Sec. 1052.051.  FILING PROCEDURES.  (a)  An application for a guardianship proceeding or a complaint, petition, or other paper permitted or required by law to be filed with a court in a guardianship proceeding must be filed with the county clerk of the appropriate county.(b)  Each paper filed in a guardianship proceeding must be given the docket number assigned to the estate.(c)  On receipt of a paper described by Subsection (a), the county clerk shall:(1)  file the paper; and(2)  endorse on the paper:(A)  the date the paper is filed;(B)  the docket number; and(C)  the clerk's official signature.(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(1), eff. September 1, 2015.(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(1), eff. September 1, 2015.(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(1), eff. September 1, 2015.|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. 6.022, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 4, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 37(1), eff. September 1, 2015.|
TX Est Code § 1052.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1052 - Filing and Recordkeeping|Subchapter B. Files; Index|Section 1052.052. Case Files

Sec. 1052.052.  CASE FILES.  (a)  The county clerk shall maintain a case file for each person's filed guardianship proceedings.(b)  Each case file must contain each order, judgment, and proceeding of the court and any other guardianship filing with the court, including each:(1)  application for the granting of guardianship;(2)  citation and notice, whether published or posted, including the return on the citation or notice;(3)  bond and official oath or declaration;(4)  inventory, appraisement, and list of claims;(5)  exhibit and account;(6)  report of renting;(7)  application for sale or partition of real estate;(8)  report of sale;(9)  application for authority to execute a lease for mineral development, or for pooling or unitization of lands, royalty, or other interest in minerals, or to lend or invest money;(10)  report of lending or investing money; and(11)  report of guardians of the persons.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 17, eff. September 1, 2021.|
TX Est Code § 1052.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1052 - Filing and Recordkeeping|Subchapter B. Files; Index|Section 1052.053. Index

Sec. 1052.053.  INDEX.  (a)  The county clerk shall properly index the records required under this chapter.(b)  The county clerk shall keep the index open for public inspection but may not release the index from the clerk's custody.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1053.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1053 - Other Court Duties and Procedures|Subchapter A. Enforcement of Orders|Section 1053.001. Enforcement of Orders

Sec. 1053.001.  ENFORCEMENT OF ORDERS.  A judge may enforce an order entered against a guardian by attachment and confinement.  Unless this title expressly provides otherwise, the term of confinement for any one offense under this section may not exceed three days.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1053.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1053 - Other Court Duties and Procedures|Subchapter B. Costs and Security|Section 1053.051. Applicability of Certain Laws

Sec. 1053.051.  APPLICABILITY OF CERTAIN LAWS.  A law regulating costs in ordinary civil cases applies to a guardianship proceeding unless otherwise expressly provided by this title.|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. 6.023, eff. January 1, 2014.|
TX Est Code § 1053.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1053 - Other Court Duties and Procedures|Subchapter B. Costs and Security|Section 1053.052. Security for Certain Costs

Sec. 1053.052.  SECURITY FOR CERTAIN COSTS.  (a)  The clerk may require or may obtain from the court an order requiring a person who files an application, complaint, or opposition relating to a guardianship proceeding, other than a guardian, attorney ad litem, or guardian ad litem, to provide security for the probable costs of the proceeding before filing the application, complaint, or opposition.(b)  At any time before the trial of an application, complaint, or opposition described by Subsection (a), an officer of the court or a person interested in the guardianship or in the welfare of the ward may, by written motion, obtain from the court an order requiring the person who filed the application, complaint, or opposition to provide security for the probable costs of the proceeding.  The rules governing civil suits in the county court with respect to providing security for the probable costs of a proceeding control in cases described by Subsection (a) and this subsection.(c)  A guardian, attorney ad litem, or guardian ad litem appointed under this title by a court of this state may not be required to provide security for costs in an action brought by the guardian, attorney ad litem, or guardian ad litem in the guardian's, attorney ad litem's, or guardian ad litem's fiduciary capacity.|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. 6.024, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 5, eff. September 1, 2015.|
TX Est Code § 1053.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1053 - Other Court Duties and Procedures|Subchapter B. Costs and Security|Section 1053.053. Exemption From Guardianship Proceeding Fees for Certain Military Servicemembers

Sec. 1053.053.  EXEMPTION FROM GUARDIANSHIP PROCEEDING FEES FOR CERTAIN MILITARY SERVICEMEMBERS.  (a)  In this section, "combat zone" means an area that the president of the United States by executive order designates for purposes of 26 U.S.C. Section 112 as an area in which armed forces of the United States are or have engaged in combat.(b)  Notwithstanding any other law, the clerk of a county court may not charge, or collect from, the estate of a proposed ward or ward any of the following fees if the court finds that the proposed ward or ward became incapacitated as a result of a personal injury sustained while in active service as a member of the armed forces of the United States in a combat zone:(1)  a fee for the filing of a guardianship proceeding; and(2)  a fee for any service rendered by the court regarding the administration of the guardianship.|Added by Acts 2017, 85th Leg., R.S., Ch. 436 (S.B. 1559), Sec. 1, eff. September 1, 2017.|
TX Est Code § 1053.054 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1053 - Other Court Duties and Procedures|Subchapter B. Costs and Security|Section 1053.054. Exemption From Guardianship Fees for Certain Law Enforcement Officers, Firefighters, and Others

Sec. 1053.054.  EXEMPTION FROM GUARDIANSHIP FEES FOR CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS.  (a)  In this section:(1)  "Eligible proposed ward" or "eligible ward" means an individual listed in Section 615.003, Government Code.(2)  "Line of duty" and "personal injury" have the meanings assigned by Section 615.021(e), Government Code.(b)  Notwithstanding any other law, the clerk of a court may not charge, or collect from, the estate of an eligible proposed ward or eligible ward any of the following fees if the court finds the proposed ward or ward became incapacitated as a result of a personal injury sustained in the line of duty in the individual's position as described by Section 615.003, Government Code:(1)  a fee for the filing of a guardianship proceeding; and(2)  a fee for any service rendered by the court regarding the administration of the guardianship.|Added by Acts 2017, 85th Leg., R.S., Ch. 436 (S.B. 1559), Sec. 1, eff. September 1, 2017.|
TX Est Code § 1053.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1053 - Other Court Duties and Procedures|Subchapter C. Procedures for Guardianship Proceedings|Section 1053.101. Calling of Dockets

Sec. 1053.101.  CALLING OF DOCKETS.  The judge in whose court a guardianship proceeding is pending, as determined by the judge, shall:(1)  call guardianship proceedings in the proceedings' regular order on both the guardianship and claim dockets; and(2)  issue necessary orders.|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. 6.026, eff. January 1, 2014.|
TX Est Code § 1053.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1053 - Other Court Duties and Procedures|Subchapter C. Procedures for Guardianship Proceedings|Section 1053.102. Setting of Certain Hearings by Clerk

Sec. 1053.102.  SETTING OF CERTAIN HEARINGS BY CLERK.  (a)  If a judge is unable to designate the time and place for hearing a guardianship proceeding pending in the judge's court because the judge is absent from the county seat or is on vacation, disqualified, ill, or deceased, the county clerk of the county in which the proceeding is pending may:(1)  designate the time and place for hearing;(2)  enter the setting on the judge's docket; and(3)  certify on the docket the reason that the judge is not acting to set the hearing.(b)  If, after the perfection of the service of notices and citations required by law concerning the time and place of hearing, a qualified judge is not present for a hearing set under Subsection (a), the hearing is automatically continued from day to day until a qualified judge is present to hear and make a determination in the proceeding.|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. 6.027, eff. January 1, 2014.|
TX Est Code § 1053.103 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle C - Procedural Matters|Chapter 1053 - Other Court Duties and Procedures|Subchapter C. Procedures for Guardianship Proceedings|Section 1053.103. Rendering of Decisions, Orders, Decrees, and Judgments

Sec. 1053.103.  RENDERING OF DECISIONS, ORDERS, DECREES, AND JUDGMENTS.  The court shall render a decision, order, decree, or judgment in a guardianship proceeding in open court, except as otherwise expressly provided.|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. 6.028, eff. January 1, 2014.|