1-1  By:  Naishtat (Senate Sponsor - Moncrief)             H.B. No. 1987
    1-2        (In the Senate - Received from the House May 3, 1993;
    1-3  May 4, 1993, read first time and referred to Committee on
    1-4  Jurisprudence; May 18, 1993, reported favorably by the following
    1-5  vote:  Yeas 6, Nays 0; May 18, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Henderson          x                               
    1-9        Harris of Tarrant  x                               
   1-10        Brown              x                               
   1-11        Harris of Dallas   x                               
   1-12        Luna               x                               
   1-13        Parker                                         x   
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to powers and duties of certain personal representatives.
   1-18        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-19        SECTION 1.  Section 233, Texas Probate Code, is amended to
   1-20  read as follows:
   1-21        Sec. 233.  Collection of Claims and Recovery of Property.
   1-22  (a)  Every personal representative of an estate shall use ordinary
   1-23  diligence to collect all claims and debts due the estate and to
   1-24  recover possession of all property of the estate to which its
   1-25  owners have claim or title, provided there is a reasonable prospect
   1-26  of collecting such claims or of recovering such property.  If he
   1-27  wilfully neglects to use such diligence, he and the sureties on his
   1-28  bond shall be liable, at the suit of any person interested in the
   1-29  estate, for the use of the estate, for the amount of such claims or
   1-30  the value of such property as has been lost by such neglect.
   1-31        (b)  Except as provided by Subsection (c) of this section, a
   1-32  personal representative <Such representatives> may enter into a
   1-33  contract to convey, or may convey, a contingent interest in any
   1-34  property sought to be recovered, not exceeding one-third thereof,
   1-35  for services of attorneys <and incidental expenses>, subject only
   1-36  to approval of the court in which the estate is being administered.
   1-37        (c)  A personal representative, including an independent
   1-38  executor or independent administrator, may convey or contract to
   1-39  convey for services of an attorney a contingent interest that
   1-40  exceeds one-third of the property sought to be recovered under this
   1-41  section only on the approval of the court in which the estate is
   1-42  being administered.  The court must approve a contract entered into
   1-43  or conveyance made under this section before an attorney performs
   1-44  any legal services.  A contract entered into or conveyance made in
   1-45  violation of this section is void, unless the court ratifies or
   1-46  reforms the contract or documents relating to the conveyance to the
   1-47  extent necessary to cause the contract or conveyance to meet the
   1-48  requirements of this section.
   1-49        (d)  In approving a contract or conveyance under Subsection
   1-50  (b) or (c) of this section for services of an attorney, the court
   1-51  shall consider:
   1-52              (1)  the time and labor that will be required, the
   1-53  novelty and difficulty of the questions to be involved, and the
   1-54  skill that will be required to perform the legal services properly;
   1-55              (2)  the fee customarily charged in the locality for
   1-56  similar legal services;
   1-57              (3)  the value of property recovered or sought to be
   1-58  recovered by the personal representative under this section;
   1-59              (4)  the benefits to the estate that the attorney will
   1-60  be responsible for securing; and
   1-61              (5)  the experience and ability of the attorney who
   1-62  will be performing the services.
   1-63        (e)  On satisfactory proof to the court, a personal
   1-64  representative of an estate is entitled to all necessary and
   1-65  reasonable expenses incurred by the personal representative in
   1-66  collecting or attempting to collect a claim or debt owed to the
   1-67  estate or in recovering or attempting to recover property to which
   1-68  the estate has a title or claim.
    2-1        SECTION 2.  Section 236, Texas Probate Code, is amended to
    2-2  read as follows:
    2-3        Sec. 236.  Sums Allowable for Education and Maintenance of
    2-4  Ward.  (a)  Expenditures Directed by the Court.  Subject to Section
    2-5  236A of this code, the <The> Court may direct the guardian of the
    2-6  person to expend, for the education and maintenance of his ward, a
    2-7  sum in excess of the income of the ward's estate; otherwise, the
    2-8  guardian shall not be allowed, for the education and maintenance of
    2-9  the ward, more than the net income of the estate.  When different
   2-10  persons have the guardianship of the person and estate of a ward,
   2-11  the guardian of the estate shall pay to the guardian of the person
   2-12  such sums as shall be fixed by the Court, at times specified by the
   2-13  Court, for the education and maintenance of the ward, and, on
   2-14  failure to do so, shall be compelled to make such payment by order
   2-15  of the Court, after being duly cited.
   2-16        (b)  Court Approval of Previous Expenditures.  When a
   2-17  guardian has in good faith expended funds from the corpus of his
   2-18  ward's estate for support and maintenance for the ward under this
   2-19  section, and when it is not convenient or possible to first secure
   2-20  approval of the Court, if the proof is clear and convincing that
   2-21  such expenditures were reasonable and proper and such that the
   2-22  Court would have granted authority to make the expenditures out of
   2-23  the corpus, and that the ward received the benefits of such
   2-24  expenditures, the judge, in the exercise of his sound discretion,
   2-25  may approve such expenditures in the same manner as if such
   2-26  expenditures were made by the guardian out of the income from the
   2-27  ward's estate.  Provided, however, such expenditures may not exceed
   2-28  the sum of $5,000 for each ward during an annual accounting period.
   2-29        SECTION 3.  Part 5, Chapter VII, Texas Probate Code, is
   2-30  amended by adding Section 236A to read as follows:
   2-31        Sec. 236A.  SUMS ALLOWED PARENTS FOR EDUCATION AND
   2-32  MAINTENANCE OF MINOR WARD.  (a)  Except as provided by Subsection
   2-33  (b) of this section, a parent who is the guardian of the person of
   2-34  a ward who is 17 years of age or younger may not use the income or
   2-35  the corpus from the ward's estate for the ward's support,
   2-36  education, or maintenance.
   2-37        (b)  A court with proper jurisdiction may authorize the
   2-38  guardian of the person to spend the income or the corpus from the
   2-39  ward's estate to support, educate, or maintain the ward if the
   2-40  guardian presents clear and convincing evidence to the court that
   2-41  the ward's parents are unable without unreasonable hardship to pay
   2-42  for all of the expenses related to the ward's support.
   2-43        SECTION 4.  The change in law made by Section 1 of this Act
   2-44  applies only to a contract executed or a conveyance made by the
   2-45  personal representative of an estate on or after the effective date
   2-46  of this Act.  A contract executed or a conveyance made by the
   2-47  personal representative of an estate before the effective date of
   2-48  this Act is governed by the law in effect on the date the contract
   2-49  was executed or the conveyance was made, and the former law is
   2-50  continued in effect for that purpose.
   2-51        SECTION 5.  This Act takes effect September 1, 1993.
   2-52        SECTION 6.  The importance of this legislation and the
   2-53  crowded condition of the calendars in both houses create an
   2-54  emergency   and   an   imperative   public   necessity   that   the
   2-55  constitutional rule requiring bills to be read on three several
   2-56  days in each house be suspended, and this rule is hereby suspended.
   2-57                               * * * * *
   2-58                                                         Austin,
   2-59  Texas
   2-60                                                         May 18, 1993
   2-61  Hon. Bob Bullock
   2-62  President of the Senate
   2-63  Sir:
   2-64  We, your Committee on Jurisprudence to which was referred H.B.
   2-65  No. 1987, have had the same under consideration, and I am
   2-66  instructed to report it back to the Senate with the recommendation
   2-67  that it do pass and be printed.
   2-68                                                         Henderson,
   2-69  Chairman
   2-70                               * * * * *
    3-1                               WITNESSES
    3-2                                                  FOR   AGAINST  ON
    3-3  ___________________________________________________________________
    3-4  Name:  Guy Herman                                x
    3-5  Representing:  self
    3-6  City:  Austin
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