LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 26, 1995



 TO:     Honorable Curtis Seidlits, Chair       IN RE:  Senate BillNo. 103,
         Committee on State Affairs                           as engrossed
         House of Representatives                       By: Moncrief
         Austin, Texas








FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
103 (Relating to providing guardianship services and pooled
income trust for incapacitated persons.) this office has
determined the following:

The bill would create the Guardianship Resource Board which would
be authorized to create a nonprofit corporation and serve as the
board.  The nonprofit corporation would serve as a center charged
with developing a state plan to ensure that each person who needs
a guardian receives assistance, In addition the center would
consult with units of government and other nonprofit
organizations concerning the development of a guardianship
program, provide technical assistance and training for guardians
and provide information and referral services for guardianship.

The nonprofit corporation would be governed by a fourteen member
board, consisting of nine members appointed by the governor and
five ex officio members from existing human services agencies.  
The board members would be entitled to a daily per diem amount
plus payment for actual expenses.  The board is authorized to
appoint an executive Director who may hire up to seven employees.

The nonprofit cooperation shall prepare and submit to the
Guardianship Resource Board a biennial budget including an
estimate of all funds the board will receive and all federal 
that might be allocated to the state for the center's purposes. 
To the extent other funds, if any, are insufficient for the
center to carry out its duties, the executive director shall     




submit a request to the board for an appropriation from the
legislature.

In addition to the duties listed above, the bill would establish
a community trust within the center to provide guardianship
services in certain cases and manage resources and expenditures
for beneficiaries of the community trust.  The center would be a
secondary beneficiary of each trust account and would receive
from the trust any surplus funds for the purpose of providing
funding for the performance of the general functions assigned to
the center.

The bill modifies current law to provide that a portion of an
estate not demanded from the executor or administrator within six
months after court approval of the report of commissioners of
partition or six months after settlement of the final account,
would be remitted to the Guardianship Resource Board rather than
the State Treasurer.   The Treasury estimates that this transfer
would result in revenue losses as indicated below.


The probable fiscal implication of implementing the provisions of
the bill during each of the first  five years following passage
is estimated as follows:
     



          Fiscal  Probable Cost Out    Probable Revenue 
          Year       of  General      Loss from  General
                  Revenue Fund 001     Revenue Fund 001 
                                                        
          1996              $280,155            $235,000
          1997               255,580             235,000
                                                        
          1998               255,580             235,000
                                                        
          1999               255,580             235,000
          2000               255,580             235,000
                                                        
                                                        
                                                        
       Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect.

The fiscal implication to  units of local government cannot be
determined.


Source:   State Treasury
          LBB Staff: JK, BR, DF