reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter C. Removal or Termination of Powers of Community Administrator › Section 1353.102. Procedure for Removal of Community Administrator

Sec. 1353.102.  PROCEDURE FOR REMOVAL OF COMMUNITY ADMINISTRATOR.  (a)  A court may remove a community administrator on the court's own motion or on the motion of an interested person, after the community administrator has been cited by personal service to answer at a time and place specified in the notice.
(b)  The removal order must:
(1)  state the cause of removal; and
(2)  direct the disposition of the assets remaining in the name or under the control of the removed community administrator.
(c)  A community administrator who defends an action for the removal of the community administrator in good faith, regardless of whether successful, is entitled to recover from the incapacitated spouse's part of the community estate the community administrator's necessary expenses and disbursements in the removal proceedings, including reasonable attorney's fees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter C. Removal or Termination of Powers of Community Administrator › Section 1353.103. Termination of Community Administrator's Powers on Recovery of Capacity

Sec. 1353.103.  TERMINATION OF COMMUNITY ADMINISTRATOR'S POWERS ON RECOVERY OF CAPACITY.  The special powers of management, control, and disposition vested in the community administrator by this title terminate when a court of competent jurisdiction by decree finds that the mental capacity of the incapacitated spouse has been recovered.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1353 - Management and Control of Incapacitated Spouse's Property › Subchapter D. Appointment of Attorney Ad Litem › Section 1353.151. Appointment of Attorney Ad Litem for Incapacitated Spouse

Sec. 1353.151.  APPOINTMENT OF ATTORNEY AD LITEM FOR INCAPACITATED SPOUSE.  (a)  The court shall appoint an attorney ad litem to represent the interests of an incapacitated spouse in a proceeding to remove a community administrator or other proceeding brought under this chapter.
(b)  The attorney ad litem may demand from the community administrator an account or inventory and appraisement of the incapacitated spouse's part of the community estate being managed by the community administrator.
(c)  A community administrator shall comply with a demand made under this section not later than the 60th day after the date the community administrator receives the demand.
(d)  An account or inventory and appraisement returned under this section must be prepared in the form and manner required by the attorney ad litem.  The attorney ad litem may require the community administrator to file the account or inventory and appraisement with the court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons › Section 1354.001. Appointment of Receiver

Sec. 1354.001.  APPOINTMENT OF RECEIVER.  (a)  A judge of a probate court in the county in which an incapacitated person resides or in which the incapacitated person's endangered estate is located shall, with or without application, enter an order appointing a suitable person as receiver to take charge of the estate if:
(1)  it appears that all or part of the estate of the incapacitated person is in danger of injury, loss, or waste and in need of a guardianship or other representative;
(2)  there is no guardian of the estate who is qualified in this state; and
(3)  a guardian is not needed.
(b)  The court order must specify the duties and powers of the receiver the judge considers necessary for the protection, conservation, and preservation of the estate.
(c)  The clerk shall enter an order issued under this section in the judge's guardianship docket.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons › Section 1354.002. Bond

Sec. 1354.002.  BOND.  (a)  A court order issued under Section 1354.001 shall require a receiver appointed under that section to give a bond, as in ordinary receiverships, in an amount the judge considers necessary to protect the estate.
(b)  The person appointed as receiver shall:
(1)  make and submit a bond for the judge's approval; and
(2)  file the bond, when approved, with the clerk.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons › Section 1354.003. Powers and Duties of Receiver

Sec. 1354.003.  POWERS AND DUTIES OF RECEIVER.  The person appointed as receiver shall take charge of the endangered estate as provided by the powers and duties vested in the person by the order of appointment and subsequent orders of the judge.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons › Section 1354.004. Expenditures by Receiver

Sec. 1354.004.  EXPENDITURES BY RECEIVER.  (a) If, while the receivership is pending, the needs of the incapacitated person require the use of the income or corpus of the estate for the education, clothing, or subsistence of the person, the judge shall, with or without application, enter an order in the judge's guardianship docket that appropriates an amount of income or corpus sufficient for that purpose.
(b)  The receiver shall use the amount appropriated by the court to pay a claim for the education, clothing, or subsistence of the incapacitated person that is presented to the judge for approval and ordered by the judge to be paid.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons › Section 1354.005. Use of Excess Estate Assets

Sec. 1354.005.  USE OF EXCESS ESTATE ASSETS.  (a) A receiver who, while the receivership is pending, has possession of an amount of money belonging to the incapacitated person in excess of the amount needed for current necessities and expenses may, under direction of the judge, invest, lend, or contribute all or part of the excess money in the manner, for the security, and on the terms provided by this title for investments, loans, or contributions by guardians.
(b)  The receiver shall report to the judge all transactions made under this section in the same manner that a report is required of a guardian under this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons › Section 1354.006. Receiver's Expenses, Account, and Compensation

Sec. 1354.006.  RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION.  (a) All necessary expenses incurred by a receiver in administering the estate may be reported monthly to the judge in the form of a sworn statement of account that includes a report of:
(1)  the receiver's acts;
(2)  the condition of the estate;
(3)  the status of the threatened danger to the estate; and
(4)  the progress made toward abatement of the danger.
(b)  If the judge is satisfied that the statement is correct and reasonable in all respects, the judge shall promptly enter an order approving the expenses and authorizing reimbursement of the receiver from the estate funds in the receiver's possession.
(c)  A receiver shall be compensated for services provided in the receiver's official capacity in the same manner and amount provided by this title for similar services provided by a guardian of an estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons › Section 1354.007. Closing Receivership; Notice

Sec. 1354.007.  CLOSING RECEIVERSHIP; NOTICE.  (a) When the threatened danger has abated and the estate is no longer liable to injury, loss, or waste because there is no guardian or other representative of the estate, the receiver shall:
(1)  report to the judge; and
(2)  file with the clerk a full and final sworn account of:
(A)  all property of the estate received by the receiver;
(B)  all property of the estate in the receiver's possession while the receivership was pending;
(C)  all sums paid out;
(D)  all acts performed by the receiver with respect to the estate; and
(E)  all property of the estate remaining in the receiver's possession on the date of the report.
(b)  On the filing of the report, the clerk shall:
(1)  issue and cause to be posted a notice to all persons interested in the welfare of the incapacitated person; and
(2)  give personal notice to the person who has custody of the incapacitated person to appear before the judge at a time and place specified in the notice and contest the report and account if the person desires.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons › Section 1354.008. Discharge of Receiver

Sec. 1354.008.  DISCHARGE OF RECEIVER.  (a) If, on hearing the receiver's report and account, the judge is satisfied that the danger of injury, loss, or waste to the estate has abated and that the report and account are correct, the judge shall:
(1)  enter an order finding that the danger of injury, loss, or waste to the estate has abated; and
(2)  direct the receiver to deliver the estate to:
(A)  the person from whom the receiver took possession as receiver;
(B)  the person who has custody of the incapacitated person; or
(C)  another person the judge finds is entitled to possession of the estate.
(b)  A person who receives the estate under Subsection (a) shall execute and file with the clerk an appropriate receipt for the estate that is delivered to the person.
(c)  The judge's order shall discharge the receivership and the sureties on the receiver's bond.
(d)  If the judge is not satisfied that the danger has abated, or is not satisfied with the receiver's report and account, the judge shall enter an order continuing the receivership in effect until the judge is satisfied that the danger has abated or is satisfied with the report and account.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons › Section 1354.009. Record

Sec. 1354.009.  RECORD.  An order, bond, report, account, or notice in a receivership proceeding must be recorded in the judge's guardianship docket.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter A. Payment of Claims to Certain Incapacitated › Section 1355.001. Payment of Claims to Resident Creditor

Sec. 1355.001.  PAYMENT OF CLAIMS TO RESIDENT CREDITOR.  (a)  In this section, "resident creditor" means a person who:
(1)  is a resident of this state; and
(2)  is entitled to money in an amount that is $250,000 or less, the right to which is liquidated and is uncontested in any pending lawsuit.
(b)  This section applies only to a resident creditor who:
(1)  is an incapacitated person or the former ward of a guardianship terminated under Chapter 1204; and
(2)  does not have a legal guardian of the creditor's estate.
(c)  A debtor who owes money to a resident creditor to whom this section applies may pay the money to the county clerk of the county in which the creditor resides to the account of the creditor.  When making a payment under this subsection, a debtor shall give to the clerk:
(1)  the creditor's name;
(2)  the creditor's social security identification number;
(3)  the nature of the creditor's disability;
(4)  the creditor's post office address; and
(5)  if the creditor is a minor, the creditor's age.
(d)  The receipt for the money signed by the county clerk is binding on the resident creditor as of the date of receipt and to the extent of the payment.
(e)  The county clerk shall:
(1)  by letter mailed to the address given under Subsection (c)(4), apprise the resident creditor that the deposit was made; and
(2)  on receipt of the payment, bring the payment to the court's attention.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 29, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter A. Payment of Claims to Certain Incapacitated › Section 1355.002. Payment of Claims to Nonresident Creditor

Sec. 1355.002.  PAYMENT OF CLAIMS TO NONRESIDENT CREDITOR.  (a)  In this section, "creditor" means a person who is entitled to money in an amount that is not more than $250,000 owing as a result of transactions in this state, the right to which is liquidated and is uncontested in any pending lawsuit in this state.
(b)  This section applies only to a nonresident creditor who is:
(1)  a nonresident minor;
(2)  a nonresident person who is adjudged by a foreign court to be incapacitated; or
(3)  the nonresident former ward of a guardianship terminated under Chapter 1204 who has no legal guardian qualified in this state.
(c)  A debtor in this state who owes money to a nonresident creditor to whom this section applies may pay the money:
(1)  to the creditor's guardian of the estate qualified in the domiciliary jurisdiction; or
(2)  to the county clerk of:
(A)  any county in this state in which real property owned by the creditor is located; or
(B)  if the creditor is not known to own real property in this state, the county in which the debtor resides.
(d)  A payment made under this section is for the nonresident creditor's account and for the nonresident creditor's use and benefit.
(e)  A receipt for payment signed by the county clerk is binding on the nonresident creditor as of the date and to the extent of payment if the receipt states:
(1)  the creditor's name; and
(2)  the creditor's post office address, if the address is known.
(f)  A county clerk who receives a payment under Subsection (c) for a nonresident creditor shall handle the money in the same manner as provided for a payment to the account of a resident creditor under Sections 1355.001, 1355.051, 1355.052, 1355.102, 1355.103, and 1355.104.  Those sections apply to the handling and disposition of money or any increase, dividend, or income paid to the clerk for the use, benefit, and account of the nonresident creditor to whom this section applies.
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. 64, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 30, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter B. Administration of Money › Section 1355.051. Investment of Money by Clerk

Sec. 1355.051.  INVESTMENT OF MONEY BY CLERK.  (a)  On receipt of a payment under Section 1355.001, the county clerk shall invest the money as authorized under this title under court order in the name and for the account of the minor or other person entitled to the money.
(b)  The county clerk shall credit any increase, dividend, or income from an investment made under this chapter to the account of the minor or other person entitled to the investment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter B. Administration of Money › Section 1355.052. Annual Report

Sec. 1355.052.  ANNUAL REPORT.  Not later than March 1 of each year, the court clerk shall make a written report to the court of the status of an investment made by the county clerk under Section 1355.051.  The report must contain:
(1)  the amount of the original investment or the value of the investment at the last annual report, whichever is later;
(2)  any increase, dividend, or income from the investment since the last annual report;
(3)  the total amount of the investment and all increases, dividends, or income at the date of the report; and
(4)  the name of the depository or the type of investment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter C. Withdrawal of Money › Section 1355.101. Applicability of Subchapter

Sec. 1355.101.  APPLICABILITY OF SUBCHAPTER.  Except as provided by Section 1355.105, this subchapter applies only to a resident creditor to whom Section 1355.001 applies.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter C. Withdrawal of Money › Section 1355.102. Custodian of Resident Creditor

Sec. 1355.102.  CUSTODIAN OF RESIDENT CREDITOR.  (a)  The following may serve as custodian of a resident creditor under this section:
(1)  a parent of the creditor;
(2)  the unestranged spouse of the creditor; or
(3)  if there is no spouse and both of the creditor's parents are dead or nonresidents of this state, the person who:
(A)  resides in this state; and
(B)  has actual custody of the creditor.
(b)  An unestranged spouse residing in this state shall be given priority over a creditor's parent to serve as custodian under this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter C. Withdrawal of Money › Section 1355.103. Withdrawal of Money by Custodian; Bond

Sec. 1355.103.  WITHDRAWAL OF MONEY BY CUSTODIAN; BOND.  (a)  A resident creditor's custodian may withdraw the money from the court clerk for the creditor's use and benefit if the custodian files with the clerk:
(1)  a written application; and
(2)  a bond approved by the county judge.
(b)  A custodian's bond must be:
(1)  twice the amount of the money to be withdrawn by the custodian;
(2)  payable to the judge or the judge's successors in office; and
(3)  conditioned that the custodian will:
(A)  use the money for the resident creditor's benefit under the court's direction; and
(B)  when legally required, faithfully account to the resident creditor and the creditor's heirs or legal representatives for the money and any increase to the money on:
(i)  the removal of the creditor's disability;
(ii)  the creditor's death; or
(iii)  the appointment of a guardian for the creditor.
(c)  A custodian may not receive a fee or commission for taking care of, handling, or spending money withdrawn by the custodian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter C. Withdrawal of Money › Section 1355.104. Custodian's Report

Sec. 1355.104.  CUSTODIAN'S REPORT.  (a)  The custodian shall file with the county clerk a sworn report of the custodian's accounting when the custodian has:
(1)  spent the money in accordance with the court's directions; or
(2)  otherwise complied with the terms of the custodian's bond by accounting for the money and any increase in the money.
(b)  The filing of a custodian's report, when approved by the court, operates as a discharge of the person as custodian and of the person's sureties from all further liability under the bond.
(c)  The court shall satisfy itself that the custodian's report is true and correct and may require proof as in other cases.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter C. Withdrawal of Money › Section 1355.105. Withdrawal of Money by Creditor or Creditor's Heir, Representative, or Guardian

Sec. 1355.105.  WITHDRAWAL OF MONEY BY CREDITOR OR CREDITOR'S HEIR, REPRESENTATIVE, OR GUARDIAN.  (a)  On presentation to the court clerk of an order of a county or probate court of the county in which the money is held, money that is not withdrawn by an authorized person as provided by this chapter may be withdrawn by:
(1)  the creditor, after termination of the creditor's disability;
(2)  a subsequent personal representative of the creditor;
(3)  the creditor's heirs; or
(4)  a nonresident guardian of the estate appointed by a foreign court for a creditor who is:
(A)  a nonresident minor; or
(B)  a nonresident person who is adjudged to be incapacitated.
(b)  Except as provided by Subsection (b-1), a withdrawal under Subsection (a) may be made at any time and without a special bond for that purpose.
(b-1)  A court may require a nonresident guardian of the estate of a creditor who is a nonresident minor or nonresident incapacitated person as described by Subsection (a)(4) to provide proof that the nonresident guardian of the estate gave an adequate bond in the foreign jurisdiction if the court determines that it is in the nonresident minor's or nonresident incapacitated person's best interest.
(c)  The order presented under Subsection (a) must direct the court clerk to deliver the money to:
(1)  the creditor;
(2)  the creditor's personal representative;
(3)  the creditor's heirs named in the order; or
(4)  if the creditor is a nonresident minor or nonresident person who is adjudged to be incapacitated, the creditor's nonresident guardian of the estate.
(d)  Before the court may issue an order under this section, the person's identity and credentials must be proved to the court's satisfaction.  For purposes of this subsection, a nonresident guardian of the estate described by Subsection (c)(4) must present to the court exemplified copies of the order of a foreign court appointing the guardian and current letters of guardianship issued in the foreign jurisdiction.
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. 65, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter D. Use of Money by Eleemosynary Institution › Section 1355.151. Applicability of Subchapter

Sec. 1355.151.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to money of a resident of an eleemosynary institution of this state that is on deposit in a court registry and does not exceed $10,000.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter D. Use of Money by Eleemosynary Institution › Section 1355.152. Payment of Money to Institution

Sec. 1355.152.  PAYMENT OF MONEY TO INSTITUTION.  (a)  The judge of a county court, district court, or other court of this state may by order direct the court clerk to pay money to an eleemosynary institution of this state for the use and benefit of a resident of the institution if the court receives satisfactory proof by affidavit or otherwise that the resident:
(1)  is a person who has a mental disability, an incapacitated person, or a person whose mental illness or mental incapacity renders the person incapable of caring for himself or herself and of managing the person's property and financial affairs; and
(2)  has no known legal guardian appointed for the resident's estate.
(b)  The affidavit under Subsection (a) may be executed by the superintendent, business manager, or field representative of the institution of which the person is a resident.
(c)  The institution to which the payment is made under Subsection (a) may not be required to give bond or security for receiving the money from the court registry.
(d)  The receipt from the institution for a payment, or the canceled check or warrant by which the payment was made:
(1)  is sufficient evidence of the disposition of the payment; and
(2)  relieves the court clerk from further responsibility for the disposition.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter D. Use of Money by Eleemosynary Institution › Section 1355.153. Deposit of Money in Trust

Sec. 1355.153.  DEPOSIT OF MONEY IN TRUST.  (a) On receipt of money under this subchapter, an eleemosynary institution shall deposit all of the money received to the resident's trust account.
(b)  Money deposited in a trust account may be used only:
(1)  by or for the personal use of the owner of the trust account, under the rules or custom of the institution in the expenditure of money by a resident; or
(2)  by the responsible officer of the institution, for the resident's use and benefit.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1355 - Payment of Certain Claims Without Guardianship › Subchapter D. Use of Money by Eleemosynary Institution › Section 1355.154. Death of Resident or Depletion of Money

Sec. 1355.154.  DEATH OF RESIDENT OR DEPLETION OF MONEY.  (a)  After the expenditure of all money in a resident's trust account, or after the resident's death, the responsible officer of the eleemosynary institution shall furnish a statement of expenditures of the money to the resident's nearest relative who is entitled to receive the statement.
(b)  A copy of the statement described by Subsection (a) shall be filed with the court that first granted the order to dispose of the money in accordance with this title.
(c)  The balance of a trust account of a resident of an eleemosynary institution who dies may be applied to:
(1)  the resident's burial expenses; or
(2)  the care, support, and treatment account of the resident at the institution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1356 - Court Approval of Certain Arts and Entertainment, Advertisement, and Sports Contracts › Subchapter A. General Provisions › Section 1356.001. Definitions

Sec. 1356.001.  DEFINITIONS.  In this chapter:
(1)  "Advertise" means to solicit or induce the purchase of consumer goods or services through electronic or  print media, including:
(A)  radio;
(B)  television;
(C)  computer; or
(D)  direct mail.
(2)  "Advertisement contract" means a contract under which a person is employed or agrees to advertise consumer goods or services.
(3)  "Artist" means:
(A)  an actor who performs in a motion picture, theatrical, radio, television, or other entertainment production;
(B)  a musician or musical director;
(C)  a director or producer of a motion picture, theatrical, radio, television, or other entertainment production;
(D)  a writer;
(E)  a cinematographer;
(F)  a composer, lyricist, or arranger of musical compositions;
(G)  a dancer or choreographer of musical productions;
(H)  a model; or
(I)  any other individual who provides similar professional services in a motion picture, theatrical, radio, television, or other entertainment production.
(4)  "Arts and entertainment contract" means a contract under which:
(A)  an artist is employed or agrees to provide services in a motion picture, theatrical, radio, television, or other entertainment production; or
(B)  a person agrees to purchase, secure, sell, lease, license, or otherwise dispose of literary, musical, or dramatic tangible or intangible property or any rights in that property for use in the field of entertainment, including:
(i)  a motion picture;
(ii)  television;
(iii)  the production of phonograph records; or
(iv)  theater.
(5)  "Consumer goods" means goods used or bought for use primarily for personal, family, or household purposes.
(6)  "Net earnings," with respect to a minor, means the total amount to be received for the services of the minor under a contract less:
(A)  the amount required by law to be paid as taxes to any government or governmental agency;
(B)  a reasonable amount to be spent for the support, care, maintenance, education, and training of the minor;
(C)  fees and expenses paid in connection with procuring the contract or maintaining employment of the minor; and
(D)  attorney's fees for services provided in connection with the contract or any other business of the minor.
(7)  "Sports contract" means a contract under which an athlete is employed or agrees to participate, compete, or engage in a sports or athletic activity at a professional or amateur sports event or athletic event.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1356 - Court Approval of Certain Arts and Entertainment, Advertisement, and Sports Contracts › Subchapter A. General Provisions › Section 1356.002. Duration of Contract of a Minor

Sec. 1356.002.  DURATION OF CONTRACT OF A MINOR.  This chapter may not be construed to authorize a contract that binds a minor after the seventh anniversary of the date of the contract.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1356 - Court Approval of Certain Arts and Entertainment, Advertisement, and Sports Contracts › Subchapter B. Court Action Regarding Certain Contracts › Section 1356.051. Approval of Certain Contracts of a Minor

Sec. 1356.051.  APPROVAL OF CERTAIN CONTRACTS OF A MINOR.  (a)  On the petition of the guardian of the estate of a minor, a court may issue an order approving for purposes of this chapter an arts and entertainment contract, advertisement contract, or sports contract that is entered into by the minor.
(b)  Approval of a contract under this section extends to the contract as a whole and each term and provision of the contract, including any optional or conditional contract provision relating to the extension or termination of the contract's term.
(c)  A court may withhold approval of a contract in which part of the minor's net earnings will be set aside as provided by Section 1356.054 until the guardian of the minor's estate executes and files with the court written consent to the issuance of the order.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1356 - Court Approval of Certain Arts and Entertainment, Advertisement, and Sports Contracts › Subchapter B. Court Action Regarding Certain Contracts › Section 1356.052. Notice Required

Sec. 1356.052.  NOTICE REQUIRED.  Before the court may approve a contract under Section 1356.051, the guardian of the minor's estate must provide the other party to the contract notice of the petition and an opportunity to request a hearing in the manner provided by the court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1356 - Court Approval of Certain Arts and Entertainment, Advertisement, and Sports Contracts › Subchapter B. Court Action Regarding Certain Contracts › Section 1356.053. Necessary Parties to Proceeding

Sec. 1356.053.  NECESSARY PARTIES TO PROCEEDING.  Each parent of a minor for whom a proceeding is brought under Section 1356.051 is a necessary party to the proceeding.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1356 - Court Approval of Certain Arts and Entertainment, Advertisement, and Sports Contracts › Subchapter B. Court Action Regarding Certain Contracts › Section 1356.054. Set-Aside and Preservation of Portion of Net Earnings

Sec. 1356.054.  SET-ASIDE AND PRESERVATION OF PORTION OF NET EARNINGS.  (a)  Notwithstanding any other law, in an order issued under Section 1356.051, the court may require that a portion of the net earnings of the minor under the contract be set aside and preserved for the benefit of the minor in a trust created under Section 1301.053 or 1301.054 or a similar trust created under the laws of another state.
(b)  The amount to be set aside under this section must be reasonable as determined by the court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1356 - Court Approval of Certain Arts and Entertainment, Advertisement, and Sports Contracts › Subchapter B. Court Action Regarding Certain Contracts › Section 1356.055. Valid Contract Not Voidable

Sec. 1356.055.  VALID CONTRACT NOT VOIDABLE.  A contract approved under Section 1356.051 that is otherwise valid is not voidable solely on the ground that it was entered into by a person during the age of minority.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1356 - Court Approval of Certain Arts and Entertainment, Advertisement, and Sports Contracts › Subchapter B. Court Action Regarding Certain Contracts › Section 1356.056. Guardian Ad Litem

Sec. 1356.056.  GUARDIAN AD LITEM.  The court may appoint a guardian ad litem for a minor who has entered into an arts and entertainment contract, advertisement contract, or sports contract if the court finds that the appointment would be in the best interest of the minor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter A. General Provisions › Section 1357.001. Short Title

Sec. 1357.001.  SHORT TITLE.  This chapter may be cited as the Supported Decision-Making Agreement Act.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 23, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1224 (S.B. 1881), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter A. General Provisions › Section 1357.002. Definitions

Sec. 1357.002.  DEFINITIONS.  In this chapter:
(1)  "Adult" means an individual 18 years of age or older or an individual under 18 years of age who has had the disabilities of minority removed.
(2)  "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities.
(3)  "Supported decision-making" means a process of supporting and accommodating an adult with a disability to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, supports, and medical care the adult wants to receive, whom the adult wants to live with, and where the adult wants to work, without impeding the self-determination of the adult.
(4)  "Supported decision-making agreement" is an agreement between an adult with a disability and a supporter entered into under this chapter.
(5)  "Supporter" means an adult who has entered into a supported decision-making agreement with an adult with a disability.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 23, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1224 (S.B. 1881), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter A. General Provisions › Section 1357.003. Purpose

Text of section as added by Acts 2015, 84th Leg., R.S., Ch. 214, Sec. 23
Sec. 1357.003.  PURPOSE.  The purpose of this chapter is to recognize a less restrictive substitute for guardianship for adults with disabilities who need assistance with decisions regarding daily living but who are not considered incapacitated persons for purposes of establishing a guardianship under this title.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 23, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter A. General Provisions › Section 1357.003. Purpose

Text of section as added by Acts 2015, 84th Leg., R.S., Ch. 1224, Sec. 1
Sec. 1357.003.  PURPOSE.  The purpose of this chapter is to recognize a less restrictive alternative to guardianship for adults with disabilities who need assistance with decisions regarding daily living but who are not considered incapacitated persons for purposes of establishing a guardianship under this title.
Added by Acts 2015, 84th Leg., R.S., Ch. 1224 (S.B. 1881), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter B. Scope of Agreement and Agreement Requirements › Section 1357.051. Scope of Supported Decision-Making Agreement

Sec. 1357.051.  SCOPE OF SUPPORTED DECISION-MAKING AGREEMENT.  An adult with a disability may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with a supporter under which the adult with a disability authorizes the supporter to do any or all of the following:
(1)  provide supported decision-making, including assistance in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the adult with a disability;
(2)  subject to Section 1357.054, assist the adult in accessing, collecting, and obtaining information that is relevant to a given life decision, including medical, psychological, financial, educational, or treatment records, from any person;
(3)  assist the adult with a disability in understanding the information described by Subdivision (2); and
(4)  assist the adult in communicating the adult's decisions to appropriate persons.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 23, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1224 (S.B. 1881), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter B. Scope of Agreement and Agreement Requirements › Section 1357.052. Authority of Supporter; Nature of Relationship

Sec. 1357.052.  AUTHORITY OF SUPPORTER; NATURE OF RELATIONSHIP.  (a)  A supporter may exercise the authority granted to the supporter in the supported decision-making agreement.
(b)  The supporter owes to the adult with a disability fiduciary duties as listed in the form provided by Section 1357.056(a), regardless of whether that form is used for the supported decision-making agreement.
(c)  The relationship between an adult with a disability and the supporter with whom the adult enters into a supported decision-making agreement:
(1)  is one of trust and confidence; and
(2)  does not undermine the decision-making authority of the adult.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 23, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1224 (S.B. 1881), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter B. Scope of Agreement and Agreement Requirements › Section 1357.0525. Designation of Alternate Supporter in Certain Circumstances

Sec. 1357.0525.  DESIGNATION OF ALTERNATE SUPPORTER IN CERTAIN CIRCUMSTANCES.  In order to prevent a conflict of interest, if a determination is made by an adult with a disability that the supporter with whom the adult entered into a supported decision-making agreement is the most appropriate person to provide to the adult supports and services for which the supporter will be compensated, the adult may amend the supported decision-making agreement to designate an alternate person to act as the adult's supporter for the limited purpose of participating in person-centered planning as it relates to the provision of those supports and services.
Added by Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter B. Scope of Agreement and Agreement Requirements › Section 1357.053. Term of Agreement

Sec. 1357.053.  TERM OF AGREEMENT.  (a)  Except as provided by Subsection (b), the supported decision-making agreement extends until terminated by either party or by the terms of the agreement.
(b)  The supported decision-making agreement is terminated if:
(1)  the Department of Family and Protective Services finds that the adult with a disability has been abused, neglected, or exploited by the supporter;
(2)  the supporter is found criminally liable for conduct described by Subdivision (1); or
(3)  a temporary or permanent guardian of the person or estate appointed for the adult with a disability qualifies.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 23, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1224 (S.B. 1881), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 12, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter B. Scope of Agreement and Agreement Requirements › Section 1357.054. Access to Personal Information

Sec. 1357.054.  ACCESS TO PERSONAL INFORMATION.  (a)  A supporter is only authorized to assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement.
(b)  If a supporter assists an adult with a disability in accessing, collecting, or obtaining personal information, including protected health information under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) or educational records under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), the supporter shall ensure the information is kept privileged and confidential, as applicable, and is not subject to unauthorized access, use, or disclosure.
(c)  The existence of a supported decision-making agreement does not preclude an adult with a disability from seeking personal information without the assistance of a supporter.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 23, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1224 (S.B. 1881), Sec. 1, eff. June 19, 2015.