1-1 By: Wentworth S.B. No. 831
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 6, 1993, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; April 6, 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 guardian bonds and amounts expended for education and
1-18 maintenance.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Subsection (b), Section 236, Texas Probate Code,
1-21 is amended to read as follows:
1-22 (b) Court Approval of Previous Expenditures. When a
1-23 guardian has in good faith expended funds from the corpus of his
1-24 ward's estate for support and maintenance for the ward, and when it
1-25 is not convenient or possible to first secure approval of the
1-26 Court, if the proof is clear and convincing that such expenditures
1-27 were reasonable and proper and such that the Court would have
1-28 granted authority to make the expenditures out of the corpus, and
1-29 that the ward received the benefits of such expenditures, the
1-30 judge, in the exercise of his sound discretion, may approve such
1-31 expenditures in the same manner as if such expenditures were made
1-32 by the guardian out of the income from the ward's estate.
1-33 Provided, however, such expenditures for each ward may not exceed
1-34 the sum of $5,000 during an annual accounting period.
1-35 SECTION 2. This Act applies to expenditures made on or after
1-36 its effective date. This Act may be applied, in the court's
1-37 discretion, as to any estates that are open as of the effective
1-38 date of this Act.
1-39 SECTION 3. The importance of this legislation and the
1-40 crowded condition of the calendars in both houses create an
1-41 emergency and an imperative public necessity that the
1-42 constitutional rule requiring bills to be read on three several
1-43 days in each house be suspended, and this rule is hereby suspended.
1-44 * * * * *
1-45 Austin,
1-46 Texas
1-47 April 6, 1993
1-48 Hon. Bob Bullock
1-49 President of the Senate
1-50 Sir:
1-51 We, your Committee on Jurisprudence to which was referred S.B.
1-52 No. 831, have had the same under consideration, and I am instructed
1-53 to report it back to the Senate with the recommendation that it do
1-54 pass and be printed.
1-55 Henderson,
1-56 Chairman
1-57 * * * * *
1-58 WITNESSES
1-59 FOR AGAINST ON
1-60 ___________________________________________________________________
1-61 Name: Don Kvernes x
1-62 Representing: Old Republic Surety
1-63 City: Arlington
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