Texas § 1104.402 DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.

Texas Statutes

§ 1104.402 — DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.

Texas § 1104.402

Code ESEstates Code

This text of Texas § 1104.402 (DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Estates Code Code Ann. § 1104.402 (2026).

Text

Sec. 1104.402. DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.

(a)Except as provided by Section 1104.404 or 1104.406 (a), the clerk of the county having venue of the proceeding for the appointment of a guardian shall, based on information provided in an application filed under Section 1101.001 , 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, other than an attorney or a person who is a certified guardian, proposed to serve as a guardian under this title, including:

(1)a proposed temporary guardian;

(2)a proposed successor guardian; or

(3)any person who will have care and custody of the proposed ward or the proposed ward's e

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Sec. 1104.402. DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.
(a) Except as provided by Section 1104.404 or 1104.406 (a), the clerk of the county having venue of the proceeding for the appointment of a guardian shall, based on information provided in an application filed under Section 1101.001 , 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, other than an attorney or a person who is a certified guardian, proposed to serve as a guardian under this title, including:
(1) a proposed temporary guardian;
(2) a proposed successor guardian; or
(3) any person who will have care and custody of the proposed ward or the proposed ward's estate on behalf of the proposed guardian and who is not otherwise required to submit to a criminal background check under this section.
(a-1) A proposed guardian who is an attorney or a certified guardian shall provide to the court the name, address, phone number, and date of birth of any person who will have care and custody of the proposed ward or the proposed ward's estate on the proposed guardian's behalf. If the person having care and custody of the proposed ward or the proposed ward's estate on the proposed guardian's behalf is not also a certified guardian, the clerk shall obtain criminal history record information for that person as specified by Subsection (a).
(b) The clerk may charge a $10 fee to recover the costs of obtaining criminal history record information under Subsection (a).

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438 ), Sec. 16, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123 ), Sec. 4, eff. June 13, 2023. Acts 2025, 89th Leg., R.S., Ch. 1155 (S.B. 2587 ), Sec. 19, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1155 (S.B. 2587 ), Sec. 20, eff. September 1, 2025.