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TexasSB 176089th Legislature Regular SessionSenateWALLET

Relating to guardianships for persons who are incapacitated; changing a fee.

Sponsored By: Senfronia Thompson, Judith Zaffirini (Democratic)

Signed by Governor

Courts--PersonnelProbate--Guardians & Related TrustsProbate--Wills & Admin of EstatesGUARDIANS & WARDSINCAPACITATED PERSONS

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 3 costs, 0 mixed.

Court-approved estate support for families

For applications filed beginning September 1, 2025, courts can approve family support from a protected person's estate. Support covers education and living needs for the person's spouse, minor children, or incapacitated adult children. The court reviews family circumstances, support obligations, estate size, trust interests, and any existing estate plan. Payment requires a court order and is not guaranteed; the law sets no payment amount.

More bond options for estate guardians

Beginning September 1, 2025, estate guardians can deposit their own cash or court-approved securities instead of using bond sureties. They can also use deposits to reduce the bond amount. Deposits must go to the court registry or a financial institution with a Texas main office or branch. For court deposits, the clerk must issue a receipt, and the deposit record must be attached to the bond.

Guardians must report important life changes

Beginning September 1, 2025, guardians must notify the court as soon as practicable when the person under guardianship dies. They must also report admission to a medical facility for acute care lasting three or more days. Changes to the protected person's residence or address must be reported within 30 days. The same deadline covers changes to the guardian's residence, address, phone number, or other court contact information.

More paperwork for guardian estate accounts

Beginning September 1, 2025, estate guardians must back annual account credits with receipts, invoices, payment proof, or other court-approved evidence. They must attach official statements from each estate depository covering the period's end, plus records of personal property sales. These annual-account rules cover guardianship cases pending or started on or after that date. Final settlement requires a sworn statement or attorney-signed certificate listing who was formally served, how, and who waived service. It must also identify people entitled to formal notice who received the final account and how it was delivered.

New $80 fee for guardianship transfers

For transfer applications or motions filed beginning September 1, 2025, qualifying Texas guardianship transfers carry an $80 fee. It applies to transfers between counties when the guardian was already appointed and qualified under Texas guardianship law. The filing party pays the receiving court clerk. No other filing fee can be charged for filing and docketing that transferred case. Earlier transfer filings follow prior law.

Sponsors & Cosponsors

Sponsors

  • Senfronia Thompson

    House

  • Judith Zaffirini

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 609 • No: 0

Senate vote • 5/30/2025

Record vote

Yes: 31 • No: 0

House vote • 5/28/2025

Record vote

Yes: 140 • No: 0

House vote • 5/27/2025

Record vote

Yes: 142 • No: 0

House vote • 5/27/2025

Record vote

Yes: 143 • No: 0

House vote • 5/27/2025

Record vote

Yes: 137 • No: 0

Senate vote • 4/24/2025

Record vote

Yes: 0 • No: 0

Senate vote • 4/24/2025

Record vote

Yes: 0 • No: 0

Senate vote • Unknown

Committee vote: Jurisprudence

Yes: 5 • No: 0

House vote • Unknown

Committee vote: Judiciary & Civil Jurisprudence

Yes: 11 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House

  2. Signed by the Governor

    6/20/2025House

  3. Sent to the Governor

    6/1/2025House

  4. Signed in the House

    6/1/2025House

  5. Signed in the Senate

    5/31/2025Senate

  6. Senate concurs in House amendment(s)-reported

    5/31/2025House

  7. Reported enrolled

    5/30/2025Senate

  8. Record vote

    5/30/2025Senate

  9. Senate concurs in House amendment(s)

    5/30/2025Senate

  10. Read

    5/30/2025Senate

  11. House amendment(s) laid before the Senate

    5/30/2025Senate

  12. House passage as amended reported

    5/28/2025Senate

  13. Statement(s) of vote recorded in Journal

    5/28/2025House

  14. Record vote (RV#3845)

    5/28/2025House

  15. Passed

    5/28/2025House

  16. Read 3rd time

    5/28/2025House

  17. Record vote (RV#3708)

    5/27/2025House

  18. Passed to 3rd reading as amended

    5/27/2025House

  19. Record vote (RV#3707)

    5/27/2025House

  20. Amended (2-Hayes)

    5/27/2025House

  21. Statement(s) of vote recorded in Journal

    5/27/2025House

  22. Record vote (RV#3706)

    5/27/2025House

  23. Amended (1-Thompson)

    5/27/2025House

  24. Read 2nd time

    5/27/2025House

  25. Placed on General State Calendar

    5/24/2025House

Bill Text

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