Tex. Est. Code § 1104.402 · Subchapter I. ACCESS TO CRIMINAL HISTORY RECORDS
DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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).
Notes and commentary — not statutory text
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1104.htm
- Text hash
- sha256 559ec05960b27cdd4329401e594db111978d87cdda3f5d36335cdd48493c6bc1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Estates Code
- Tex. Est. Code § 1101.001APPLICATION FOR APPOINTMENT OF GUARDIAN; CONTENTS.Printed as Section 1101.001
- Tex. Est. Code § 1104.404EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS.Printed as Section 1104.404 or 1104.406(a)
- Tex. Est. Code § 1104.406DEPARTMENT'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION.Printed as Section 1104.404 or 1104.406(a)
Cited by 3 provisions
Provisions in this library whose text cites Tex. Est. Code § 1104.402. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 1104.404EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS.Printed as Section 1104.402
- Tex. Est. Code § 1104.405INFORMATION FOR EXCLUSIVE USE OF COURT.Printed as Section 1104.402 or 1104.404
- Tex. Est. Code § 1151.006GUARDIAN'S DUTY TO NOTIFY COURT OF CHANGES CONCERNING CARE AND CUSTODY OF WARD; CLERK'S DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION.Printed as Section 1104.402
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.