Reporting

Requirements

(These reports can be done on a daily basis)

Guardianship Registration & Training

• Provide written notice of the registration requirement to each applicant and each attorney who files an Application for Guardianship. JBCC Rule 10.2(a) (Sample letter from JBCC website)

• Provide written notice and direction to the proposed guardians to instruct them to complete the training and criminal history background check at least 10 days before the hearing date to appoint. JBCC Rule 10.2 (c) The court must be notified of the completion at least 10 days before the hearing for appointment. (Sample New Guardianship Filing Info Sheet)

• Temporary Guardian, for no longer than 60 days, is exempt from the training unless it becomes permanent, but not exempt from criminal history check. JBCC Rule 10.5 (b)

• https://www.txcourts.gov/jbcc/register-a-guardianship/guardianship-registration-rules-and-resources/

All guardianships must be registered with the (JBCC) Judicial Branch

Certification Commission, Effective June 1, 2018

Guardianship Registration &

Training, continued

• Clerk reports to JBCC that a guardian has been

appointed and the date of qualification. JBCC Rule 10.2 (d)

Email to jbccguardianregistration@txcourts.gov

• Also notify JBCC of transfer of venue, denial, non-suits

or successor within 10 days

• Notify JBCC immediately if the Guardian has been

removed. Notify immediately if the Guardianship has

been closed

Department of Public Safety-

Federal Firearm Report (NICS)

• Texas Government Code Section 411.052 and 411.0521. The Clerk is required to report a person:

• Ordered to receive temporary or extended inpatient mental health services (HSC 574)

• Determined to be an incapacitated adult; that the person lacks mental capacity to manage the person’s affairs (Title 3 Estates Code) Guardianship

• Determined to have intellectual disabilities requiring long-term placement (HSC 593) A specific facility named in Health & Safety Code 593

• Appellant Court reversal of the Order

• Determined to be incompetent to stand trial under Chapter 46B, CCP

• Acquitted in a criminal case by reason of insanity or lack of mental responsibility (CCP,46C)

• Read the court order very carefully to determine if case is to be reported.

Department of Public Safety-

Federal Firearm Report (NICS), continued

DO NOT REPORT:

• Guardianships of minors

• Successors to Guardianship

• Emergency mental health detentions, admissions or warrants

• Orders for protective custody

• Voluntary commitments

• Commitments for temporary or extended outpatient mental health services

• Applications for court-ordered inpatient mental health services forwarded to another county to re-file or to hear the original filing

• Court-ordered inpatient chemical dependency or alcohol services

Department of Public Safety-Federal

Firearm Report (NICS), continued

• New cases must be entered into CJIS not later

than 30 days after the date of the court order.

https://cch.dps.texas.gov/CJISAuth/login/CJIS

• Older cases: Order issued on or after Sept. 1, 1989

and before Sept. 1, 2009. Although this deadline

has passed, older cases must still be entered until

all required reporting is complete.

Department of Public Safety-

Federal Firearm Report (NICS), continued

• CJIS NICS User Guide-https://www.dps.texas.gov/administration/crime_records/pages/nics.htm

• Webinar on County & District Clerk’s Association website: https://www.cdcatexas.com/

Continuing Education}Tracker}CE hours Link}Login}Videos

• Angela Garcia (512) 936-1358

Abstract of Death Certificate

(to Voter Registrar)

• Texas Election Code Section 16.001 (a) Texas Election Code

• Prepare an abstract of each death certificate issued in the month

for a decedent 18 years of age or older

https://www.sos.state.tx.us/elections/forms/pol-sub/index.shtml

• File each abstract with the voter registrar of the decedent’s

county of residence and the Secretary of State not later than the

10th day of the month following the month in which the abstract

was prepared

Abstract of Death—Secretary of State

• Texas Election Code Section 16.001(a) Texas Election Code

• Clerk having probate jurisdiction is required to prepare an abstract of each application for probate proceedings filed

https://www.sos.state.tx.us/elections/forms/pol-sub/index.shtml

• Abstracts are to be submitted to the Secretary of State in an electronic manner by downloading the file from TXEVER then uploading the file into TEAM

https://txever.dshs.texas.gov/TxEVERUI/Welcome.htm

• Electronic Filing Waiver Request may be submitted and may be approved by the Secretary of State.

ABSTRACT FOR PROBATE CASE

FILED

(TO VOTER REGISTRAR)

• Texas Election Code Section 16.001(b) Texas Election Code

• Prepare an abstract of each application for probate that is filed in

the month

https://www.sos.state.tx.us/elections/forms/pol-sub/index.shtml

• File with the voter registrar and the Secretary of State not later

than the 10th day of the month following the month in which the

abstract is prepared

https://teamrv-production.sos.texas.gov/ElectioNet/login.do

ABSTRACT FOR APPLICATION

IN GUARDIANSHIP

• Texas Election Code Section 16.002 (a) Texas Election Code

• If court eliminates the right to vote of the ward, the Clerk must prepare an abstract for the voter registrar

• The ward must be found to be either “totally mentally incapacitated” or “partially mentally incapacitated without the right to vote”

• https://www.sos.state.tx.us/elections/forms/pol-sub/index.shtml

DRIVER’S LICENSE REPORT

FOR DPS

• Texas Estates Code Section 1101.151 & 1101.152

https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1101.htm#1101.151

• If a court order takes away the right of the ward, due to a mental condition, to hold or obtain a license to operate a motor vehicle, the Clerk shall give notice to the Department of Public Safety within 10 days of the Order/Judgment.

DPS Form DL-117 (11/12)

• Read the order very carefully to see if this notice is required.

• If capacity is restored by judicial decree, notify DPS within 10 days of that decree, per Section 521.319(f) of the Texas Transportation Code.

REPORTING

REQUIREMENTS

(These reports are done on a monthly basis)

OFFICE OF COURT

ADMINISTRATION

• Government Code Section 71.035. Clerk must submit an Official Monthly Report on the activity of the Court

https://card.txcourts.gov/secure/login.aspx?ReturnURL=default.aspx

• Report number of new cases and ancillary cases, hearings and dispositions in Probate, Guardianship and Mental Health (defined in the instruction guide)

• Report number of other matters such as: Inventories, Annual and Final Accounts, Applications to Sell Real or Personal Property, Motions to Remove Guardian, Applications to Appoint Successor, Show Cause motions, Motions to require accountings, Cases transferred, etc.

• Report number of hearings held during the month

Official County Court Monthly Report

Instructions, continued

• Due by the 20th day of the month following the activity

• Keep these reports for at least 2 years and they are to be made available to the public to inspect and copy, if requested.

• Official County Court Monthly Report Instructions:

www.txcourts.gov/media/1439721/ccc-report-instructions-1_12_18.pdf

• Manual Reporting: https://www.txcourts.gov/media/1441232/ccc-report-form-2017.pdf

• Texas Judicial Branch: http://www.txcourts.gov/search-resultpage.aspx?group=tjb&q=Probate+Reporting+Instructions

OFFICE OF COURT ADMINISTRATION

COURT APPOINTEE & FEE

• Texas Supreme Court Order 07-9188

• Prepare and report to the Office of Court Administration

by the 15th day of the following month

• Report includes information about each appointee and court-approved fee or no reportable activity, simply check that box on the report and submit.

https://card.txcourts.gov/secure/login.aspx?ReturnURL=default.aspx

OFFICE OF COURT ADMINISTRATION

COURT APPOINTEE & FEE, continued

• Keep these reports for 2 years and make available to the

public.

• Guardianship cases have the majority of appointments

• http://www.txcourts.gov/reporting-to-oca/judicial-

council-trial-court-activity-reports.aspx

(Select Instructions)

Reporting

Requirements

(These reports are done on a yearly basis)

Judicial Branch Certification

Commission (JBCC)

• Formerly known as the Guardianship Certification Board (GCB)

• Private Professional Guardians must apply annually for a Certificate of Registration to the Clerk in the County in which they are appointed or plan to seek appointment as guardian.

• Must be done no later than January 31st for the preceding calendar year. Texas Estates Code Section 1104.306 https://statutes.capitol.texas.gov

• To assist you in determining if an entity is a local guardianship program, as opposed to a private professional guardian, a list of local programs is posted on the JBCC website: https://www.txcourts.gov/jbcc/

Annual Report of Funds Invested

• Texas Estates Code Section 1355.052, no later than March 1st of each year, the clerk must furnish to the Court a report on all investments of funds in the Registry of the Court. https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1355.htm#1355.052

• The report must contain:

1. The amount of the original investment or the amount of the investment at the last annual report, whichever is later;

2. Any increase, dividend, or income from such 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.

• Local Government Code Section 117.058, Counties over 190,000 population also reports to the County Auditor

Escheat Unclaimed Funds

• Funds held by the County that have reached the end of

their dormancy period must be remitted electronically as

unclaimed property

• Information on reporting requirements and the website to

make the report can be found at

• Reporting site: https://claimittexas.org

Sheriffs’ & Constables’ Fees Update

• Texas Local Government Code Section 118.131. Changes to your Sheriffs’ and Constables’ Fees must be submitted to the State Comptroller’s office no later than October 15th each year

• To meet this deadline and to comply with the law, you must:

1. Place this item on your Commissioners Court meeting agenda

2. Adopt the fees before October 1st of each year; Report by October 15th

• These fees will include any Posting or Personal Service fees for Probates & Guardianships.

• Report on website- https://mycpa.cpa.state.tx.us/sacf/

Resources

• Texas Election Code

• Texas Local Government Code

• Texas Estates Code

• Texas Government Code

• Office of Court Administration

• Comptroller of Public Accounts

• Department of Public Safety

• Supreme Court of Texas