BILL ANALYSIS



H.B. 2975
By: Hamric
May 2, 1995
Committee Report (Unamended)


BACKGROUND

Harris County began a public guardianship program in 1992.  Before
this program was established, each ward maintained a separate bank
account.  The county combined the balances for efficiency and
economy reasons.  A single account in the county depository
eliminated many excessive bank fees and accrues overnight interest. 

PURPOSE

The purpose of this legislation is to allow the commissioners court
to collect a portion of the interest accrued by each account to
compensate the county for maintaining the account.  This
legislation allows the county to retain an amount not to exceed $10
each month.  If the account earns no interest, then there are no
fees collected.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION-BY-SECTION

     SECTION 1.  Amends Section 855, Texas Probate Code, by adding
Subsection (g).  This Subsection (g) allows the county, when
serving as a guardian of the estate of a ward, to deposit funds of
the ward's estate into the county depository.  If the account earns
interest, the county may retain a portion of the interest, up to
$10 per month, as compensation for maintaining the account.

     SECTION 2.  Emergency Clause - Effective immediately.

SUMMARY OF COMMITTEE ACTION

H.B. 2975 was considered by the Civil Practices Committee in a
public hearing on April 5, 1995. The following individuals
testified in support of the bill: Leonard Spearman, Jr.,
representing Harris County Judge Robert Eckels. No one testified in
opposition to or neutrally on the bill. The bill was referred to a
subcommittee consisting of Representatives: Moffat (chair),
Hartnett and Zbranek. After being recalled from subcommittee, the
bill was considered by the committee in a formal meeting on May 1,
1995. The bill was reported favorably, without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of six
ayes, zero nays, zero pnv and three absent.