reglab/housing_qa huggingface dataset:
TX Est Code § 1104.402 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter I. Access to Criminal History Records|Section 1104.402. Court Clerk's Duty to Obtain Criminal History Record Information; Authority to Charge Fee

Sec. 1104.402.  COURT CLERK'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.  (a)  Except as provided by Section 1104.403, 1104.404, or 1104.406(a), the clerk of the county having venue of the proceeding for the appointment of a guardian shall obtain criminal history record information that is maintained by the Department of Public Safety or the Federal Bureau of Investigation identification division relating to:(1)  a private professional guardian;(2)  each person who represents or plans to represent the interests of a ward as a guardian on behalf of the private professional guardian;(3)  each person employed by a private professional guardian who will:(A)  have personal contact with a ward or proposed ward;(B)  exercise control over and manage a ward's estate; or(C)  perform any duties with respect to the management of a ward's estate;(4)  each person employed by or volunteering or contracting with a guardianship program to provide guardianship services to a ward of the program on the program's behalf; or(5)  any other person proposed to serve as a guardian under this title, including a proposed temporary guardian and a proposed successor guardian, other than an attorney.(b)  The clerk may charge a $10 fee to recover the costs of obtaining criminal history record information under Subsection (a).|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. 16, eff. September 1, 2015.|
TX Est Code § 1104.403 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter I. Access to Criminal History Records|Section 1104.403. Submission of Criminal History Record Information by Proposed Guardian

Sec. 1104.403.  SUBMISSION OF CRIMINAL HISTORY RECORD INFORMATION BY PROPOSED GUARDIAN.  Not later than the 10th day before the date of the hearing to appoint a guardian, a person may submit to the clerk a copy of the person's criminal history record information required under Section 1104.402(a)(5) that the person obtains not earlier than the 30th day before the date of the hearing from:(1)  the Department of Public Safety; or(2)  the Federal Bureau of Investigation.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.404 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter I. Access to Criminal History Records|Section 1104.404. Exception for Information Concerning Certain Persons

Sec. 1104.404.  EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS.  (a)  The clerk described by Section 1104.402 is not required to obtain criminal history record information for a person if the Judicial Branch Certification Commission conducted a criminal history check on the person under Chapter 155, Government Code.(b)  The board shall provide to the clerk at the court's request the criminal history record information that was obtained from the Department of Public Safety or the Federal Bureau of Investigation.|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. 42 (S.B. 966), Sec. 2.17, eff. September 1, 2014.Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 4, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 5, eff. September 1, 2017.|
TX Est Code § 1104.405 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter I. Access to Criminal History Records|Section 1104.405. Information for Exclusive Use of Court

Sec. 1104.405.  INFORMATION FOR EXCLUSIVE USE OF COURT.  (a)  Criminal history record information obtained or provided under Section 1104.402, 1104.403, or 1104.404 is privileged and confidential and is for the exclusive use of the court.  The criminal history record information may not be released or otherwise disclosed to any person or agency except on court order or consent of the person being investigated.(b)  The county clerk may destroy the criminal history record information after the information is used for the purposes authorized by this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.406 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter I. Access to Criminal History Records|Section 1104.406. Department's Duty to Obtain Criminal History Record Information

Sec. 1104.406.  DEPARTMENT'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION.  (a)  The department shall obtain criminal history record information that is maintained by the Department of Public Safety or the Federal Bureau of Investigation identification division relating to each individual who is or will be providing guardianship services to a ward of or referred by the department, including:(1)  an employee of or an applicant selected for an employment position with the department;(2)  a volunteer or an applicant selected to volunteer with the department;(3)  an employee of or an applicant selected for an employment position with a business entity or other person who contracts with the department to provide guardianship services to a ward referred by the department;(4)  a volunteer or an applicant selected to volunteer with a business entity or other person described by Subdivision (3); and(5)  a contractor or an employee of a contractor who provides services to a ward of the Department of Aging and Disability Services under a contract with the estate of the ward.(b)  The department must obtain the information in Subsection (a) before:(1)  making an offer of employment to an applicant for an employment position; or(2)  a volunteer contacts a ward of or referred by the department.(c)  The department must annually obtain the information in Subsection (a) regarding employees, contractors, or volunteers providing guardianship services.|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. 1 (S.B. 219), Sec. 6.025, eff. April 2, 2015.|
TX Est Code § 1104.407 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter I. Access to Criminal History Records|Section 1104.407. Duty to Provide Information on Request

Sec. 1104.407.  DUTY TO PROVIDE INFORMATION ON REQUEST.  The department shall provide the information obtained under Section 1104.406(a) to:(1)  the clerk of the county having venue of the guardianship proceeding at the court's request; and(2)  the guardianship certification program of the Judicial Branch Certification Commission at the commission's request.|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. 42 (S.B. 966), Sec. 2.18, eff. September 1, 2014.|
TX Est Code § 1104.408 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter I. Access to Criminal History Records|Section 1104.408. Information for Exclusive Use of Court or Guardianship Certification Program of Judicial Branch Certification Commission

Sec. 1104.408.  INFORMATION FOR EXCLUSIVE USE OF COURT OR GUARDIANSHIP CERTIFICATION PROGRAM OF JUDICIAL BRANCH CERTIFICATION COMMISSION.  (a)  Criminal history record information obtained under Section 1104.407 is privileged and confidential and is for the exclusive use of the court or guardianship certification program of the Judicial Branch Certification Commission, as appropriate.  The information may not be released or otherwise disclosed to any person or agency except:(1)  on court order;(2)  with the consent of the person being investigated; or(3)  as authorized by Section 1104.404 of this code or Section 411.1386(a-6), Government Code.(b)  The county clerk or guardianship certification program of the Judicial Branch Certification Commission may destroy the criminal history record information after the information is used for the purposes authorized by this subchapter.|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. 42 (S.B. 966), Sec. 2.19, eff. September 1, 2014.|
TX Est Code § 1104.409 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter I. Access to Criminal History Records|Section 1104.409. Use of Information by Court

Sec. 1104.409.  USE OF INFORMATION BY COURT.  The court shall use the information obtained under this subchapter only in determining whether to:(1)  appoint, remove, or continue the appointment of a private professional guardian, a guardianship program, or the department; or(2)  appoint any other person proposed to serve as a guardian under this title, including a proposed temporary guardian and a proposed successor guardian, other than an attorney.|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. 17, eff. September 1, 2015.|
TX Est Code § 1104.410 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter I. Access to Criminal History Records|Section 1104.410. Use of Information by Guardianship Certification Program of Judicial Branch Certification Commission

Sec. 1104.410.  USE OF INFORMATION BY GUARDIANSHIP CERTIFICATION PROGRAM OF JUDICIAL BRANCH CERTIFICATION COMMISSION.  Criminal history record information obtained by the guardianship certification program of the Judicial Branch Certification Commission under Section 1104.407(2) may be used for any purpose related to the issuance, denial, renewal, suspension, or revocation of a certificate issued by the commission.|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. 42 (S.B. 966), Sec. 2.20, eff. September 1, 2014.|
TX Est Code § 1104.411 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter I. Access to Criminal History Records|Section 1104.411. Criminal Offense for Unauthorized Release or Disclosure

Sec. 1104.411.  CRIMINAL OFFENSE FOR UNAUTHORIZED RELEASE OR DISCLOSURE.  (a) A person commits an offense if the person releases or discloses any information received under this subchapter without the authorization prescribed by Section 1104.405 or 1104.408.(b)  An offense under this section is a Class A misdemeanor.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.412 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter I. Access to Criminal History Records|Section 1104.412. Effect of Subchapter on Department's Authority to Obtain or Use Information

Sec. 1104.412.  EFFECT OF SUBCHAPTER ON DEPARTMENT'S AUTHORITY TO OBTAIN OR USE INFORMATION.  This subchapter does not prohibit the department from obtaining and using criminal history record information as provided by other law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter A. General Provisions|Section 1105.001. Definitions

Sec. 1105.001.  DEFINITIONS.  In this chapter:(1)  "Bond" means a bond required by this chapter to be given by a person appointed to serve as a guardian.(1-a)  "Declaration" means a declaration taken by a person appointed to serve as a guardian to qualify to serve.(2)  "Oath" means an oath taken by a person appointed to serve as a guardian to qualify to serve.|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. 24, eff. September 1, 2021.|
TX Est Code § 1105.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter A. General Provisions|Section 1105.002. Manner of Qualification of Guardian

Sec. 1105.002.  MANNER OF QUALIFICATION OF GUARDIAN.  (a)  Except as provided by Subsection (b), a guardian is considered to have qualified when the guardian has:(1)  taken and filed the oath, or made and filed the declaration, required under Section 1105.051;(2)  given the required bond;(3)  filed the bond with the clerk; and(4)  obtained the judge's approval of the bond.(b)  A guardian who is not required to give a bond is considered to have qualified when the guardian has taken and filed the oath, or made and filed the declaration, as required under Section 1105.051.|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. 25, eff. September 1, 2021.|
TX Est Code § 1105.003 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter A. General Provisions|Section 1105.003. Period for Taking Oath or Making Declaration and Giving Bond

Sec. 1105.003.  PERIOD FOR TAKING OATH OR MAKING DECLARATION AND GIVING BOND.  (a)  Except as provided by Section 1103.003, an oath may be taken and subscribed or a declaration may be made, and a bond may be given and approved, at any time before:(1)  the 21st day after the date of the order granting letters of guardianship; or(2)  the letters of guardianship are revoked for a failure to qualify within the period allowed.(b)  A guardian of an estate must give a bond before being issued letters of guardianship unless a bond is not required under 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 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 26, eff. September 1, 2021.|
TX Est Code § 1105.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter B. Oaths and Declarations|Section 1105.051. Oath or Declaration of Guardian

Sec. 1105.051.  OATH OR DECLARATION OF GUARDIAN.  (a)  A guardian shall:(1)  take an oath to discharge faithfully the duties of guardian for the person or estate, or both, of a ward; or(2)  make a declaration as prescribed by Subsection (d).(b)  If the Health and Human Services Commission is appointed guardian, a commission representative shall take the oath or make the declaration required by Subsection (a).(c)  An oath taken by a person named as guardian or temporary guardian, as applicable, must be substantially as follows:I, __________ (insert person's name), do solemnly swear that I will discharge faithfully the duties of guardian of __________ (insert "the person," "the estate," or "the person and estate") of __________ (insert ward's name), an incapacitated person, according to law.(d)  A declaration made by a person named as guardian or temporary guardian, as applicable, must be substantially as follows:My name is _______ (insert person's name), my date of birth is __________ (insert person's date of birth), and my address is __________ (insert person's address, including country).  I declare under penalty of perjury that the information in this declaration is true and correct.  I solemnly declare that I will discharge faithfully the duties of __________ (insert "guardian" or "temporary guardian," as applicable) of __________ (insert "the person," "the estate," or "the person and estate") of __________ (insert ward's name), an incapacitated person, according to law.  Signed on __________ (insert date of signing).|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. 28, eff. September 1, 2021.|
TX Est Code § 1105.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter B. Oaths and Declarations|Section 1105.052. Administration of Oath or Making of Declaration

Sec. 1105.052.  ADMINISTRATION OF OATH OR MAKING OF DECLARATION.  The oath prescribed by Section 1105.051 may be taken before any person authorized to administer oaths under the laws of this state.  The declaration prescribed by Section 1105.051 must be signed by the declarant.|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. 29, eff. September 1, 2021.|
TX Est Code § 1105.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.101. Bond Generally Required; Exceptions

Sec. 1105.101.  BOND GENERALLY REQUIRED; EXCEPTIONS.  (a)  Except as provided by this section, a guardian of the person or the estate of a ward shall give a bond.(b)  A bond is not required if the guardian is:(1)  a corporate fiduciary; or(2)  a guardianship program operated by a county.(c)  The court shall issue letters of guardianship of the person to a person without the requirement of a bond if:(1)  the person is named to be appointed guardian in a will made by a surviving parent that is probated by a court in this state, or in a written declaration made by a surviving parent, and the will or declaration directs that the guardian serve without a bond; and(2)  the court finds that the guardian is qualified.(d)  The court may not waive the requirement of bond for the guardian of the estate of a ward, regardless of whether a surviving parent's will or written declaration directs the court to waive the bond.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.102. Bond for Certain Guardians of the Person

Sec. 1105.102.  BOND FOR CERTAIN GUARDIANS OF THE PERSON.  (a)  This section applies only to a bond required to be posted by a guardian of the person of a ward when there is no guardian of the ward's estate.(b)  To ensure the performance of the guardian's duties, a court may accept only:(1)  a corporate surety bond;(2)  a personal surety bond;(3)  a deposit of money instead of a surety bond; or(4)  a personal bond.(c)  In determining the appropriate type and amount of bond to set for the guardian, the court shall consider:(1)  the familial relationship of the guardian to the ward;(2)  the guardian's ties to the community;(3)  the guardian's financial condition;(4)  the guardian's past history of compliance with the court; and(5)  the reason the guardian may have previously been denied a corporate surety bond.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1105.103 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.103. Bond Required From Guardian Otherwise Exempt

Sec. 1105.103.  BOND REQUIRED FROM GUARDIAN OTHERWISE EXEMPT.  (a)  This section applies only to an individual guardian of the estate from whom a bond was not required.(b)  A person who has a debt, claim, or demand against the guardianship, with respect to the justice of which an oath has been made by the person, the person's agent or attorney, or another person interested in the guardianship, in person or as the representative of another person, may file a written complaint under oath in the court in which the guardian was appointed.(c)  After a complaint is filed under Subsection (b), the court shall cite the guardian to appear and show cause why the guardian should not be required to give a bond.(d)  On hearing a complaint filed under Subsection (b), if it appears to the court that the guardian is wasting, mismanaging, or misapplying the guardianship estate and that a creditor may probably lose the creditor's debt, or that a person's interest in the guardianship may be diminished or lost, the court shall enter an order requiring the guardian to give a bond not later than the 10th day after the date of the order.(e)  A bond required under Subsection (d) must be:(1)  in an amount sufficient to protect the guardianship and the guardianship's creditors;(2)  approved by and payable to the judge; and(3)  conditioned that the guardian:(A)  will well and truly administer the guardianship; and(B)  will not waste, mismanage, or misapply the guardianship estate.(f)  If the guardian fails to give the bond required under Subsection (d) and the judge has not extended the period for giving the bond, the judge, without citation, shall remove the guardian and appoint a competent person as guardian, who shall:(1)  administer the guardianship according to the provisions of a will or law;(2)  take the oath or make the declaration required of a guardian under Section 1105.051 before the person enters on the administration of the guardianship; and(3)  give bond in the same manner and in the same amount provided by this title for the issuance of original letters of guardianship.|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. 30, eff. September 1, 2021.|
TX Est Code § 1105.104 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1105 - Qualification of Guardians|Subchapter C. General Provisions Relating to Bonds|Section 1105.104. Bonds of Joint Guardians

Sec. 1105.104.  BONDS OF JOINT GUARDIANS.  If two or more persons are appointed as guardians and are required to give a bond by the court or under this title, the court may require:(1)  a separate bond from each person; or(2)  a joint bond from all of the persons.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|