SRC-SLL H.B. 2003 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2003
By: Thompson (Harris)
Jurisprudence
4-30-97
Engrossed


DIGEST 

In 1993, the legislature added two new chapters to the Probate Code with
overlapping section numbers.  Additionally, it is unclear whether a court
can order attorney's fees and court costs for an emergency intervention
proceeding.  This bill will move Part 2 of Chapter XII of the Probate Code
to Part 3 of Chapter V of the Probate Code, and allow a court to order
funds of the decedent held to be used to pay for reasonable attorney's
fees and court costs. 

PURPOSE

As proposed, H.B. 2003 moves Part 2 of Chapter XII of the Probate Code to
Part 3 of Chapter V of the Probate Code, and allows a court to order funds
of the decedent held to be used to pay for reasonable attorney's fees and
court costs. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Part 2, Chapter XII, Probate Code, to transfer and
redesignate it as Part 3, Chapter V, Probate Code, as follows: 

PART 3.  EMERGENCY INTERVENTION PROCEEDINGS; FUNERAL AND BURIAL EXPENSES

Sec.  108.  TIME TO FILE EMERGENCY APPLICATION.  Created from existing
Section 520. 

Sec.  109.  ELIGIBLE APPLICANTS FOR EMERGENCY INTERVENTION.  Created from
existing Section 521. 

Sec.  110.  REQUIREMENTS FOR EMERGENCY INTERVENTION.  Created from
existing Section 521A.  Makes a conforming change.  

Sec.  111.  CONTENTS OF EMERGENCY INTERVENTION APPLICATION FOR FUNERAL AND
BURIAL EXPENSES.  Created from existing Section 522. 

Sec.  112.  CONTENTS FOR EMERGENCY INTERVENTION APPLICATION FOR ACCESS TO
PERSONAL PROPERTY.    Created from existing Section 522A. 

Sec.  113.  ORDERS OF EMERGENCY INTERVENTION.  Created from existing
Section 523.  Authorizes a court to order funds of the decedent held by
certain individuals to be paid directly to a funeral home for court costs
for obtaining an order if the court determines on review of an application
filed under Section 108 of this code that emergency intervention is
necessary to obtain funds needed for a decedent's funeral and burial
expenses.  Makes a conforming change. 

Sec.  114.  TERMINATION.  Created from existing Section 524.
 
Sec.  115.  LIMITATION ON RIGHT OF SURVIVING SPOUSE TO CONTROL DECEASED'S
BURIAL OR CREMATION.  Created from existing Section 525. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.