Section 1104.402 - Court Clerk's 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 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.
(b) The clerk may charge a $10 fee to recover the costs of obtaining criminal history record information under Subsection (a).Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 871,Sec. 4, eff. 6/13/2023.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1031,Sec. 16, eff. 9/1/2015.Added by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 1.02, eff. 1/1/2014.