By:  Turner                                           S.B. No. 1578
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the compensation of a corporate fiduciary serving as
    1-2  trustee of a guardianship management trust.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 867, Probate Code, is amended to read as
    1-5  follows:
    1-6        Sec. 867.  Creation of Management Trust.  On application by
    1-7  the guardian of a ward or the attorney ad litem for the ward, the
    1-8  court in which the guardianship proceeding is pending may enter an
    1-9  order that creates for the ward's benefit a trust for the
   1-10  management of guardianship funds if the court finds that the
   1-11  creation of the trust is in the ward's best interests.  The order
   1-12  shall direct the guardian to deliver all or part of the assets of
   1-13  the guardianship to a trust company or a state or national bank
   1-14  that has trust powers in this state.  The order shall include
   1-15  terms, conditions, and limitations placed on the trust.
   1-16        SECTION 2.  Subsection (a) of Section 868, Probate Code, is
   1-17  amended to read as follows:
   1-18        (a)  A trust created under Section 867 of this code must
   1-19  provide that:
   1-20              (1)  the ward is the sole beneficiary of the trust;
   1-21              (2)  the trustee may disburse an amount of the trust's
   1-22  principal or income as the trustee determines is necessary to
   1-23  expend for the health, education, support, or maintenance of the
    2-1  ward, the ward's spouse and the ward's minor children;
    2-2        (3)  the income of the trust that the trustee does not
    2-3  disburse under Subdivision (2) of this subsection must be added to
    2-4  the principal of the trust;
    2-5        (4)  the trustee serves without giving a bond; and
    2-6        (5)  the trustee receives compensation in accordance with
    2-7  compensation charged by corporate trustees in the same geographical
    2-8  location for trusts of a similar nature and size and paid from the
    2-9  trust's income, principal or both on application to and approval of
   2-10  the court <the trustee, on annual application to the court and
   2-11  subject to the court's approval, is entitled to receive reasonable
   2-12  compensation for services that the trustee provided to the ward as
   2-13  the ward's trustee that is:>
   2-14                    <(A)  to be paid from the trust's income,
   2-15  principal, or both; and>
   2-16                    <(B)  determined in the same manner as
   2-17  compensation of a guardian of an estate under Section 865 of this
   2-18  code>.
   2-19        SECTION 3.  Section 869, Probate Code, is amended to read as
   2-20  follows:
   2-21        Sec. 869.  Trust Amendment, Modification, or Revocation.
   2-22        (a)  The court may amend, modify, or revoke the trust at any
   2-23  time before the date of the trust's termination.
   2-24        (b)  The ward or guardian of the ward's estate may not revoke
   2-25  the trust.
    3-1        (c)  The court may appoint a successor trustee, which is a
    3-2  trust company or a state or national bank that has trust powers in
    3-3  this state, when the trustee resigns, becomes ineligible, or is
    3-4  removed.
    3-5        SECTION 4.  Subsection (a), Section 871, Probate Code, is
    3-6  amended to read as follows:
    3-7        (a)  The trustee shall <prepare and> file with the court an
    3-8  annual accounting of transactions in the trust in the form of the
    3-9  trustee's standard statement provided to its customers.  In the
   3-10  event an interested part of the court requires additional
   3-11  information with regard to the trustee's accounting, the court may
   3-12  require the trustee to prepare an accounting in the same manner and
   3-13  form that is required of a guardian under this chapter.
   3-14        SECTION 5.  Section 873, Probate Code, is amended to read as
   3-15  follows:
   3-16        Sec. 873.  Distribution of Trust Property.  Unless otherwise
   3-17  provided by the court, the trustee shall distribute the principal
   3-18  or any undistributed income of the trust to the ward < or to the
   3-19  representative of the deceased ward's estate when the trust
   3-20  terminates on its own terms or on the ward's death>:
   3-21        (a)  upon termination of the trust during the life of the
   3-22  ward, to the trustee;
   3-23        (b)  upon appointment of a successor trustee, to the
   3-24  successor trustee; or
   3-25        (c)  upon the ward's death, to the representative of the
    4-1  deceased ward's estate.
    4-2        SECTION 6.  This Act shall be effective September 1, 1995.
    4-3        SECTION 7.  The importance of this legislation and the
    4-4  crowded condition of the calendars in both houses create an
    4-5  emergency and an imperative public necessity that the
    4-6  constitutional rule requiring bills to be read on three several
    4-7  days in each house be suspended, and this rule is hereby suspended.