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 1-64 -------------------------------------------------------------------