74(R) HB 2029 Senate Committee Report

BILL ANALYSIS

H.B. 2029
By: Naishtat (Henderson)
Jurisprudence
5-25-95
Senate Committee Report (Unamended)
BACKGROUND

Substantial changes to provisions of the Probate Code regarding
guardianship were adopted during the 73rd Legislature. Technical
problems with the code and other statutes related to the prior
guardianship provisions have been discovered. The state bar's Real
Estate, Probate, and Trust Law Section organized a guardianship
study group composed of probate practitioners and probate judges to
propose technical corrections to the recent guardianship changes.
The work of the group was drafted into bill format and submitted to
the state bar for its authorization to allow the section to sponsor
the legislation. The state bar granted the authority in September
1994.

PURPOSE

As proposed, H.B. 2029 makes technical corrections to the current
guardianship provisions in a number of ways, including reorganizing
certain sections so that provisions regarding similar subject
matter are grouped together, changing and adding certain language
so that the intent of the 1993 guardianship revisions will be
effectuated.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Department of Mental Health and Mental Retardation
under SECTION 35 (Section 687(c), Probate Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 594.036(b), Health and Safety Code, to
make a nonsubstantive change.

SECTION 2. Amends Section 48.021(e), Human Resources Code, to make
nonsubstantive changes to citations in the Probate Code.

SECTION 3. Amends Section 30, Article 6687b, V.T.C.S., to make
nonsubstantive changes.

SECTION 4. Amends Section 3, Probate Code, to define
"incapacitated" or "incapacitated person" and "ward."

SECTION 5. Amends Section 37A, Probate Code, to make nonsubstantive
changes.

SECTION 6. Amends Section 53(b), Probate Code, to authorize the
court, if it appears that there are or may be living heirs whose
names or whereabouts are unknown, or that any defendant is an
incapacitated person, rather than a minor or an incompetent, to
appoint an attorney ad litem or guardian ad litem, rather than just
an attorney, to represent the interests of any such persons. Makes
conforming changes.

SECTION 7. Amends Section 78, Probate Code, to make conforming
changes.

SECTION 8. Amends Section 137(a), Probate Code, to make conforming
changes.

SECTION 9. Amends Section 145(i), Probate Code, to make conforming
changes.

SECTION 10. Amends Section 149C(a), Probate Code, to make
conforming changes.

SECTION 11. Amends Section 154A(b), Probate Code, to make
conforming changes.

SECTION 12. Amends Section 195(a), Probate Code, to delete a
provision requiring letters of guardianship to be issued to the
persons so named, without requirement of bond, whenever any will
probated in a Texas court made by a surviving parent and directs
that the guardian or guardians therein appointed serve without
bond.

SECTION 13. Amends Sections 222(a) and (b), Probate Code, to
delete a provision authorizing the court, on its own motion or on
motion of any interested person, without notice, to remove any
appointed personal representative who has cruelly treated a ward or
has neglected to educate or maintain the ward as liberally as the
means of the ward and the condition of the ward's estate permit.
Deletes a provision authorizing the court to remove a personal
representative on its own motion, or on the complaint of any
interested person, after the representative has been cited by
personal service to answer at a time and place fixed in the notice,
when the representative fails to comply with the requirements of
Section 126 of this code.

SECTION 14. Amends Part 12, Chapter VIII, Probate Code, by
adding Section 405A, as follows:

Sec. 405A. DELIVERY OF PROPERTY. Authorizes the court to
permit a resident executor or administrator who has any of the
estate of a ward to deliver the estate to a duly qualified and
acting guardian of the ward.
SECTION 15. Amends Section 601, Probate Code, to define "court
investigator" and "guardian." Redefines "missing person." Makes
conforming changes.

SECTION 16. Amends Section 606(b), Probate Code, to make a
nonsubstantive and a conforming change.

SECTION 17. Amends Section 606(e), Probate Code, to authorize a
court exercising original probate jurisdiction, when a surety is
called on to perform in place of a former guardian to award
judgment against the former guardian in favor of the surety of the
former guardian in the same suit, even if the ward has died,
regained capacity, or the ward's disabilities of minority have been
removed.

SECTION 18. Amends Part 2D, Chapter XIII, Probate Code, by
adding Section 633, as follows:

Sec. 633. NOTICE AND CITATION. (a) Requires notice to be
issued and served on the filing of an application for
guardianship (application).

(b) Requires the court clerk to issue a citation stating
that the application for guardianship was filed, the name of
the proposed ward, and the name of the applicant. Requires
the citation to cite all persons interested in the welfare
of the proposed ward to appear at the time and place stated
in the posted notice if they wish to contest the
application.

(c) Requires the sheriff or other officer to personally
serve citation to appear and answer the application for
guardianship on certain parties.

(d) Requires the court clerk or the applicant to mail a copy
of the notice to certain persons if their whereabouts are
known or can be ascertained.

(e) Authorizes a person other than the ward who is entitled
to receive notice or service of citation to choose, in
person or by attorney ad litem, to waive the receipt of
notice or the issuance of service of citation.

(f) Prohibits the court from acting on an application for
the creation of a guardianship until a certain period.
Provides that the validity of a guardianship created under
this chapter is not affected by the failure of the clerk or
applicant to comply with the requirements of Subsections
(d)(2)-(4).

(g) Provides that it is not necessary for a person who files
an application to be served with citation or waive the
issuance and personal service of citation.
SECTION 19. Amends Section 636, Probate Code, as follows:

Sec. 636. New heading: NOTICES TO DEPARTMENT OF VETERANS
AFFAIRS BY GUARDIANS. Requires the person who files an annual
account of funds, an application for the expenditure of funds,
or a claim against an estate of a ward; rather than the clerk
of the court in which the account, application, petition, or
claim is filed; to give notice of the date of the filing,
rather than the hearing, to the office of the Department of
Veterans Affairs in whose territory the court is located by
mailing to the office a certified copy of the account,
application, petition, or claim by five days after the filing
date, rather than 15 days before the hearing. Deletes a
provision requiring the account, application, petition, or
claim to be filed in duplicate and to be mailed to the
Veterans Administration.
SECTION 20. Amends Section 642, Probate Code, by adding
Subsection (c), to require the court to determine by motion in
limine the standing of a person who has an interest that is adverse
to a proposed ward or incapacitated person.

SECTION 21. Amends Section 644, Probate Code, to delete
provisions authorizing the court to consider by submission a motion
or application filed under this chapter unless the motion or
application is superseded by local rules. Deletes existing
Subsections (b)-(f) setting forth requirements for a motion or
application that a court may consider. Redesignates existing
Subsections (g)-(j) as Subsections (b)-(e).

SECTION 22. Amends Sections 646(b), (c), and (d), Probate Code,
as follows:

(b) Includes in the list of those eligible for appointment as
an attorney ad litem a person or other entity designated by
the state bar as having successfully completed a course of
study in guardianship law and procedure sponsored by the state
bar or its designee.

(c) Requires the state bar to require four hours of credit for
certification, rather than prohibiting the state bar from
requiring more than four hours of credit.

(d) Deletes a provision providing that an applicant whose
certificate is not expired is not required to again complete
the course of study unless the state bar determines that the
course has changed substantially.
SECTION 23. Amends Part 2E, Chapter XIII, Probate Code, by
adding Section 648A, as follows:

Sec. 648A. DUTIES OF COURT INVESTIGATOR. (a) Requires a
court investigator (investigator) to investigate the
circumstances alleged in the application to determine whether
a less restrictive alternative than guardianship is
appropriate.

(b) Sets forth requirements for an investigator.

(c) Requires an investigator to file with the court a report
of the court investigator's findings and conclusions after
making an investigation. Subjects disclosure to a jury of
the contents of the report to the Texas Rules of Civil
Evidence. Requires the investigator to provide copies of
the report to the attorneys for the parties by a certain
time.

(d) Provides that nothing in this section supersedes any
duty or obligation of another to report or investigate abuse
or neglect under any statute of this state.
SECTION 25. Amends Section 659, Probate Code, as follows:

Sec. 659. ISSUANCE OF LETTERS OF GUARDIANSHIP. (a) Requires
the clerk to issue qualifying persons appointed as guardian a
certificate including the date the letters of guardianship
expire, among other information. Deletes a provision setting
forth the effective date of the order and providing that the
order is evidence of the authority of the guardian.

(b) Provides that all letters of guardianship (letters)
expire one year and four months, rather than one year and
120 days, after the date of issuance unless renewed.

(c) Prohibits the clerk from renewing letters relating to
the appointment of a guardian of the estate until the court
receives and approves of the guardian's annual accounting,
rather than requiring the clerk to renew letters on the
receipt and approval by the court of the guardian's annual
accounting. Prohibits the clerk from renewing letters of
guardianship relating to the appointment of a guardian of
the person until the court receives and approves the annual
report. Prohibits the clerk from issuing further letters if
the guardian's annual report is not timely filed, to the
delinquent guardian unless ordered by the court.

(d) Provides that regardless of the date the court approves
an annual accounting or annual report, a renewal relates
back to the date the original letters are issued, unless the
accounting period has been changed, in which case a renewal
relates back to the first day of the accounting period.

SECTION 26. Amends Section 660, Probate Code, as follows:

Sec. 660. New heading: LETTERS OR ORDER MADE EVIDENCE. (a)
Created from existing subsection.

(b) Provides that the court order that appoints the guardian
is evidence of the authority granted to the guardian and of
the scope of the powers and duties that the guardian may
exercise only after the date the letters or a certificate
has been issued.
SECTION 27. Amends Section 665, Probate Code, as follows:

Sec. 665. New heading: COMPENSATION OF GUARDIANS AND
TEMPORARY GUARDIANS. (a) Authorizes the court to authorize
compensation for a temporary guardian serving as a guardian of
the person alone from available funds of the ward's estate.
Makes conforming changes.

(b) Provides that the term "money paid out" does not include
any money loaned, invested, or paid over on a tax-motivated
gift made by the ward. Makes conforming changes.

(c) Prohibits the aggregate fee of the guardian of the
person and guardian of the estate from exceeding an amount
equal to five percent of the gross income of the ward's
estate plus five percent of all money paid out of the
estate, except as provided by Subsection (b) for a fee that
is determined to be unreasonably low.

(d) Defines "gross income."
SECTION 28. Amends Part 2H, Chapter XIII, Probate Code, by
adding Sections 665A-665C, as follows:

Sec. 665A. PAYMENT FOR PROFESSIONAL SERVICES. Requires the
court to order the payment of a fee set by the court as
compensation to the attorneys, mental health professionals,
and interpreters appointed under this code to be taxed as
costs in the case. Provides that if after examining the
proposed ward's assets the court determines the proposed ward
is unable to pay for services provided by a professional, the
county is responsible for the cost of those services.

Sec. 665B. COMPENSATION OF CERTAIN ATTORNEYS. (a) Authorizes
a court that creates a guardianship for a ward, on request of
a person who filed an application to be appointed guardian of
the proposed ward, to authorize compensation of an attorney
who represents the person at the application hearing from
available funds of the ward's estate regardless of whether
that person is appointed the ward's guardian.

(b) Prohibits the court from authorizing compensation unless
the court finds that the applicant acted in good faith and
for just cause in the filing and prosecution of the
application.
Sec. 665C. COMPENSATION FOR COLLECTION OF CLAIMS AND RECOVERY
OF PROPERTY. (a) Authorizes a guardian of an estate to enter
into a contract to convey, or may convey, a contingent
interest in any property sought to be recovered, not exceeding
one-third thereof for services of attorneys, subject only to
the approval of the court in which the estate is being
administered, except as provided by Subsection (b).

(b) Authorizes a guardian of an estate to convey or contract
to convey for services of attorneys a contingent interest
that exceeds one-third of the property sought to be
recovered only on the approval of the court in which the
estate is being administered. Requires the court to approve
a contract entered into or conveyance made before an
attorney performs any legal services. Provides that a
contract entered into or a conveyance made in violation of
this section is void, unless the court ratifies or reforms
the contract or documents relating to the conveyance to meet
the requirements of this section.

(d) Entitles a guardian of an estate on satisfactory proof
to the court, to all expenses incurred by the guardian in
collecting or attempting to collect a claim or debt owed to
the estate or in recovering property to which the estate has
a title or claim.

SECTION 29. Amends Section 669, Probate Code, as follows:

Sec. 669. COSTS AGAINST GUARDIANSHIP. (a) Created from
existing text. Makes conforming changes.

(b) Requires the applicant to pay the cost of the proceeding
if a court denies an application based on the recommendation
of an investigator.
SECTION 30. Amends Part 2I, Chapter XIII, Probate Code, by
adding Section 672, as follows:

Sec. 672. ANNUAL DETERMINATION WHETHER GUARDIANSHIP SHOULD BE
CONTINUED, MODIFIED, OR TERMINATED. (a) Requires a court in
which a guardianship proceeding is pending to review annually
each guardianship in which the application to create the
guardianship was filed after September 1, 1993, and authorizes
the court to review annually any other guardianship to
determine whether the guardianship should be continued,
modified, or terminated.

(b) Sets forth authorized actions for a statutory probate
court to take in reviewing a guardianship.

(c) Authorizes a court that is not a statutory probate court
to use any appropriate method determined by the court
according to the court's caseload and the resources
available to the court in reviewing a guardianship as
provided by Subsection (a).

(d) Requires a determination to be in writing and filed with
the clerk.

(e) Provides that this section does not apply to a
guardianship that is created only because it is necessary
for a person to have a guardian appointed to receive funds
from a governmental source.

SECTION 31. Amends Section 680, Probate Code, to authorize a
minor, when an application is filed for the guardianship or estate
of a minor at least 12, rather than 14 years of age, to choose the
guardian if the court approves the choice. Makes conforming
changes.

SECTION 32. Amends Section 681, Probate Code, as follows:

Sec. 681. New heading: PERSONS DISQUALIFIED TO SERVE AS
GUARDIANS. Makes no changes.
SECTION 33. Amends Section 684, Probate Code, as follows:

Sec. 684. FINDINGS REQUIRED. (a) Requires the court to find
by clear and convincing evidence that it is in the best
interest of the proposed ward to have the court appoint a
person as guardian of the proposed ward. Makes conforming
changes.

(b) Requires the court to find by a preponderance of the
evidence that certain circumstances exist before appointing
a guardian, including that the proposed ward is totally
without capacity to care for himself or herself and to
manage the individual's property, or the proposed ward lacks
the capacity to do some, but not all, of the tasks necessary
to care for himself or herself or to manage the individual's
property. Makes conforming changes.

(c)-(e) Redesignate existing Subsections (b)-(d).
SECTION 34. Amends Section 685(a), Probate Code, to require a
proposed ward other than a missing person to be present at a
hearing to appoint a guardian unless the court, on the record or in
the order, determines that a personal appearance is unnecessary.

SECTION 35. Amends Part 3A, Chapter XIII, Probate Code, by
adding Section 687, as follows:

Sec. 687. EXAMINATIONS AND REPORTS. (a) Prohibits the court
from granting an application to create a guardianship for an
incapacitated person, other than certain persons, unless the
applicant presents to the court a letter or certificate from
a physician licensed in this state that is not dated earlier
than the 120th day before the date of the filing of the
application. Sets forth requirements for the letter of
certificate.

(b) Authorizes the court to appoint the necessary physicians
to examine the proposed ward, except as provided by
Subsection (c). Requires a physician who examines the
proposed ward, other than physician or psychologist who
examines the proposed ward under Subsection (c), to make
available to an attorney ad litem appointed to represent the
proposed ward, for inspection, the physician's letter or
certificate.

(c) Requires the proposed ward to be examined by a physician
or psychologist licensed in this state or certified by the
Texas Department of Mental Health or Mental Retardation
(TXMHMR) if the basis of the proposed ward's alleged
incapacity is mental retardation, unless there is
documentation filed with the court that shows that the
proposed ward has been examined according to the rules
adopted by TXMHMR within a certain time period. Requires
the physician or psychologist to conduct the examination
according to the rules adopted by the TXMHMR and to submit
written findings and recommendations to the court.

SECTION 36. Amends Section 690, Probate Code, as follows:

Sec. 690. New heading: PERSONS APPOINTED GUARDIAN. Provides
that nothing in this section prohibits the appointment of
joint managing conservators. Makes a nonsubstantive change.
SECTION 37. Amends Section 691, Probate Code, to make a
conforming change.

SECTION 38. Amends Section 692, Probate Code, as follows:

Sec. 692. DISMISSAL OF APPLICATION. Requires the court to
dismiss the application for guardianship if it is found that
an adult person possesses the capacity to care for himself or
herself and to manage the individual's property as would a
reasonably prudent person. Deletes existing section setting
forth requirements for the court order appointing a guardian.
SECTION 39. Amends Section 693, Probate Code,

Sec. 693. ORDER OF COURT. (a) Deletes existing Subsection
(a) to make conforming changes. Redesignates existing
Subsection (b). Sets forth findings of fact and
specifications required for an order appointing a guardian
under this subsection. Makes conforming changes.

(b) Redesignates existing Subsections (c)-(d).

(d) Redesignates existing Subsection (e).

(e) Authorizes an order appointing a guardian or a successor
guardian to specify a period of up to one year during which
a petition for adjudication that the incapacitated person no
longer requires the guardianship to be filed without special
leave.
SECTION 40. Amends Section 694, Probate Code, as follows:

Sec. 694. TERM OF APPOINTMENT OF GUARDIAN. (a) Makes no
changes.

(b) Requires the guardianship to be settled and closed when
the incapacitated person, if the person was a missing person
and has been confirmed dead, is legally declared dead,
returns, has had the person's whereabouts determined, or no
longer needs a guardianship, rather than when the person
returns to the U.S., if the person was missing and the court
grants the motion of any interested person to vacate the
original order of guardianship.

(d) Deletes existing Subsection (d) to make conforming
changes. Redesignates existing Subsection (e).

(e) Redesignates existing Subsection (f).

(f) Provides that the guardianship is not settled and closed
until the court grants the motion of any interested person
to vacate the original order of guardianship.
SECTION 41. Amends Part 3A, Chapter XIII, Probate Code, by
adding Section 694A, as follows:

Sec. 694A. RESTORATION OF WARD. (a) Sets forth orders for
which a ward or any person interested in the ward's welfare is
authorized to petition the court.

(b) Authorizes a request for an order to be made by informal
letter to the court. Authorizes a person who knowingly
interferes with the transmission of the request to the court
to be adjudged guilty of contempt of court.
SECTION 42. Amends Section 702, Probate Code, as follows:

Sec. 702. New heading: BOND REQUIRED OF GUARDIAN OF THE
PERSON OR ESTATE. (a) Requires a guardian of the estate of a
ward to give bond.

(b) Makes no changes.

(c) Prohibits the court from waiving the requirement of a
bond for the guardian of the estate of a ward.
SECTION 43. Amends Section 742(f), Probate Code, to make a
conforming change.

SECTION 44. Amends Section 743(a), Probate Code, to require the
guardian of the person of a ward, when authorized by court order,
to return to the court a sworn, written report showing each item of
receipts and disbursements for the ward's expenses, rather than
requiring a report only when there is a separate guardian of the
estate and at certain times.

SECTION 45. Amends Section 743, Probate Code, by adding
Subsections (e)-(i), as follows:

(e) Requires the court to approve the report if satisfied that
the facts in the report are true.

(f) Authorizes the court on its own motion to waive the costs
related to the filing of a report approved under Subsection
(e).

(g) Requires a guardian of the person to file the report that
contains the information required by Subsections (a) and (b)
annually for the duration of the guardianship. Requires the
report to cover a 12-month period that begins on the date the
guardian qualifies to serve, except as provided by Subsection
(h).

(h) Authorizes the court to change a reporting period, but
prohibits the court from extending a reporting period so that
it covers more than 12 months.

(i) Provides that each report is due by the 60th day after the
reporting period ends.
SECTION 46. Amends Section 744, Probate Code, to authorize the
court to fine the guardian an amount up to $1,000, revoke the
letters of the guardian, or fine the guardian an amount up to
$1,000 and revoke the letters of guardian for the failure to file
the account, exhibit, report of the guardian of the person, or
other required report. Makes conforming changes.

SECTION 47. Amends Section 745(c), Probate Code, to make a
conforming change.

SECTION 48. Amends Section 759(a), Probate Code, to make
conforming changes.

SECTION 49. Amends Section 760, Probate Code, by adding
Subsection (g), to authorize the court at any time to order a
resigning guardian who has part of the estate of a ward to deliver
the part of the estate to the person who has been appointed and
qualified as successor guardian.

SECTION 50. Amends Section 761, Probate Code, by adding
Subsections (e) and (f), as follows:

(e) Authorizes the court to appoint a successor, but prohibits
the court from discharging the person removed as guardian of
the estate or release the person or the sureties on the
person's bond until a final order or judgment is rendered on
the final account of the guardian.

(f) Makes conforming changes.
SECTION 51. Amends Section 772, Probate Court, to delete
existing Subsections (b)-(e), to make conforming changes.

SECTION 52. Amends Section 773, Probate Code, as follows:

Sec. 773. New heading: SUIT BY GUARDIAN OF ESTATE. Makes a
conforming change.
SECTION 53. Amends Section 776(b), Probate Code, to make a
conforming change.

SECTION 54. Amends Section 782, Probate Code, to make conforming
changes.

SECTION 55. Amends Section 861, Probate Code, as follows:

Sec. 861. New heading: OPINION OF ATTORNEY WITH RESPECT TO
LOANS. Deletes provisions relating to the guardian of the
estate investing the money of the ward. Deletes a provision
requiring the attorney making the examination of all documents
related to a loan made by the guardian of the estate of the
ward's money to be paid a fee out of the ward's estate. Makes
conforming changes.
SECTION 56. Amends Section 862, Probate Code, as follows:

Sec. 862. New heading; REPORT OF LOANS. Makes conforming
changes.
SECTION 57. Amends Section 867, Probate Code, to require the
court to maintain the trust for the management of guardianship
funds under the same cause number as the guardianship proceeding.

SECTION 58. Amends Section 868(b), Probate Code, to specify that
the trust may provide that a trustee make use of trust funds
without the intervention of a guardian or other representative of
the ward for the health or education of the ward or of another
person whom the ward is legally obligated to support, among other
expenditures. Makes conforming changes.

SECTION 59. Amends Section 868, Probate Code, to authorize the
trust to provide that a trustee has the powers of a trustee under
Title 9B, Property Code.

SECTION 60. Amends Part 4N, Probate Code, by adding Section
869A, as follows:

Sec. 869A. SUCCESSOR TRUSTEE. Authorizes the court to
appoint a corporate fiduciary as successor trustee if the
trustee resigns, becomes ineligible, or is removed.
SECTION 61. Amends Section 870(b), Probate Code, to make
conforming changes.

SECTION 62. Amends Section 872, Probate Code, to make conforming
changes.

SECTION 63. Amends Section 873, Probate Code, as follows:

Sec. 873. DISTRIBUTION OF TRUST PROPERTY. Requires the
trustee to prepare a final account in the same form and manner
that is required of a guardian under Section 749 and on court
approval, distribute the principal or any undistributed income
of the trust to the successor trustee on appointment of a
successor trustee, among others. Makes conforming changes.

SECTION 64. Amends Sections 875(c) and (i)-(k), Probate Code, as
follows:

(i)-(j) Make conforming changes.

(k) Authorizes the court, on the court's own motion, if an
application for a temporary guardianship, for the conversion
of a temporary guardianship to a permanent guardianship, or
for a permanent guardianship is challenged or contested, to
appoint a new temporary guardian without issuing additional
citation if the court finds that the appointment is necessary
to protect the proposed ward or the ward's estate. Requires
a temporary guardian to qualify in the same form as a
guardian. Provides that the term of the temporary guardian
expires at the conclusion of the hearing challenging or
contesting the application or on the date a permanent guardian
the court appoints for the proposed ward qualifies to serve as
the ward's guardian. Makes conforming changes.
SECTION 65. Amends Section 881, Probate Code, by adding
Subsection (e), to authorize a resident guardian who has any of the
estate of a ward to be ordered by the court to deliver the estate
to a duly qualified and acting guardian of the ward.

SECTION 66. Amends Part 5B, Chapter XIII, Probate Code, by
adding Section 881A, as follows:

Sec. 881A. NONRESIDENT GUARDIAN'S REMOVAL OF WARD'S PROPERTY
FROM STATE. Authorizes a nonresident guardian to remove
personal property of the ward out of the state under certain
circumstances.
SECTION 67. Amend Part 5C, Chapter XIII, Probate Code, by adding
Section 883A, as follows:

Sec. 883A. RECOVERY OF CAPACITY. Requires the special powers
of management, control, and disposition vested in the same
spouse by this code to terminate when the decree of a court of
competent jurisdiction finds that the mental capacity of the
other spouse has been recovered.
SECTION 68. Amends Section 889(a), Probate Code, to include the
managing conservator in the list of persons who may apply to the
court for an order to sell the property of a minor in an estate
without being appointed guardian when the value of the minor's
interest does not exceed $25,000.

SECTION 69. Amends Section 889(f), Probate Code, to make a
conforming change.

SECTION 70. Amends Section 19, Article 4413(29cc), V.T.C.S.
(Polygraph Examiners Act), to make conforming changes.

SECTION 71. Amends Section 5.08(j)(1), Article 4495b, V.T.C.S.
(Medical Practice Act), to make conforming changes.

SECTION 72. Repealer: Sections 25.0025(c)-(e), Government Code
(relating to the duties of court investigators).

SECTION 73. Repealer: Sections 3(n) and (y), 110, 111, 112A,
118, 123A, 127A, 157, 159, 236, 236A, 688, 688A, and Part 5G,
Chapter XIII, Probate Code (relating to the definition of "habitual
drunkard" and "persons of unsound mind"-Persons Disqualified to
Serve as Guardians-Application for Appointment of Permanent
Guardian-Examinations and Reports-Selection of Guardian by Minor-Annual Determination Whether Guardianship Should be Continued,
Modified, or Terminated-Guardianship of Missing Person-When Spouse
Incompetent-Recovery of Competency-Sums Allowable for Education and
Maintenance of Ward-Sums Allowed Parents for Education and
Maintenance of Minor Ward-Payment for Professional Services-Compensation of Certain Attorneys-relating to Nonresident
Guardians).

SECTION 74. Repealer: Section 646(e), Probate Code (relating to
an effective date for the appointment of attorney ad litem and
interpreter).

SECTION 75. Requires a court that has jurisdiction and venue
over a guardianship proceeding in which the application was filed
before September 1, 1993, to review the guardianship to determine
whether the guardianship should be continued, modified, or
terminated to conform with the requirements of Chapter XIII,
Probate Code, by September 1, 1996.

SECTION 76. Effective date: September 1, 1995, except SECTION 75
which takes effect September 1, 1996.

SECTION 77. Makes application of Sections 636 and 665, Probate
Code, as changed by this Act, prospective.

SECTION 78. Makes application of Section 702, Probate Code, as
changed by this Act, prospective.

SECTION 79. Emergency clause.