Texas Estates Code 1104.402 – Court Clerk’s Duty to Obtain Criminal History Record Information; Authority to Charge Fee
Current as of: 2024 | Check for updates
|
Other versions
(a) Except as provided by § 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 any person proposed to serve as a guardian under this title, including a proposed temporary guardian, a proposed successor guardian, or any person who will have contact with the proposed ward or the proposed ward’s estate on behalf of the proposed guardian, other than an attorney or a person who is a certified guardian.
Terms Used In Texas Estates Code 1104.402
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Venue: The geographical location in which a case is tried.
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(b) The clerk may charge a $10 fee to recover the costs of obtaining criminal history record information under Subsection (a).