By: Wentworth S.B. No. 831
A BILL TO BE ENTITLED
AN ACT
1-1 relating to guardian bonds and amounts expended for education and
1-2 maintenance.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 236, Texas Probate Code,
1-5 is amended to read as follows:
1-6 (b) Court Approval of Previous Expenditures. When a
1-7 guardian has in good faith expended funds from the corpus of his
1-8 ward's estate for support and maintenance for the ward, and when it
1-9 is not convenient or possible to first secure approval of the
1-10 Court, if the proof is clear and convincing that such expenditures
1-11 were reasonable and proper and such that the Court would have
1-12 granted authority to make the expenditures out of the corpus, and
1-13 that the ward received the benefits of such expenditures, the
1-14 judge, in the exercise of his sound discretion, may approve such
1-15 expenditures in the same manner as if such expenditures were made
1-16 by the guardian out of the income from the ward's estate.
1-17 Provided, however, such expenditures for each ward may not exceed
1-18 the sum of $5,000 during an annual accounting period.
1-19 SECTION 2. This Act applies to expenditures made on or after
1-20 its effective date. This Act may be applied, in the court's
1-21 discretion, as to any estates that are open as of the effective
1-22 date of this Act.
1-23 SECTION 3. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.