2011 Texas Statutes
ESTATES CODE
TITLE 3 - GUARDIANSHIP AND RELATED PROCEDURES
SUBTITLE C - PROCEDURAL MATTERS
CHAPTER 1053 - OTHER COURT DUTIES AND PROCEDURES

ESTATES CODE

TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES

SUBTITLE C. PROCEDURAL MATTERS

CHAPTER 1053. OTHER COURT DUTIES AND PROCEDURES

SUBCHAPTER A. ENFORCEMENT OF ORDERS

Text of section effective on January 01, 2014

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, Sec. 1.02, eff. January 1, 2014.

SUBCHAPTER B. COSTS AND SECURITY

Text of section effective on January 01, 2014

Sec. 1053.051.  APPLICABILITY OF CERTAIN LAWS.  A law regulating costs in ordinary civil cases applies to a guardianship matter unless otherwise expressly provided by this title.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. January 1, 2014.

Text of section effective on January 01, 2014

Sec. 1053.052.  SECURITY FOR CERTAIN COSTS. (a)  The clerk may require a person who files an application, complaint, or opposition relating to a guardianship matter, other than a guardian, attorney ad litem, or guardian ad litem, to provide security for the probable costs of the guardianship 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, Sec. 1.02, eff. January 1, 2014.

SUBCHAPTER C. PROCEDURES FOR GUARDIANSHIP MATTERS

Text of section effective on January 01, 2014

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 matters in the matters' regular order on both the guardianship and claim dockets; and

(2)  issue necessary orders.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. January 1, 2014.

Text of section effective on January 01, 2014

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 matter 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 matter 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 determine the matter.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. January 1, 2014.

Text of section effective on January 01, 2014

Sec. 1053.103.  RENDERING OF DECISIONS, ORDERS, DECREES, AND JUDGMENTS.  The court shall render a decision, order, decree, or judgment in a guardianship matter in open court, except as otherwise expressly provided.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. January 1, 2014.