baa H.B. 2003 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 2003
By: Thompson
4-16-97
Committee Report (Unamended)



BACKGROUND 

 In 1993, the Legislature added two new chapters to the Texas Probate
Code, each named Chapter XII, with overlapping section numbers.  One
current Chapter XII  is the Durable Power of Attorney Act; the second
Chapter XII is entitled Informal Probate.  Part 1 of Informal Probate
would be repealed and replaced in proposed H.B. 2007 (75th Legislature).
Part 2 of Informal Probate deals with emergency intervention proceedings
for funeral and burial expenses.  It is unclear whether a court can order
attorney's fees and court costs for an emergency intervention proceeding. 


PURPOSE

 This bill 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 by an employer, individual, or financial institution to be
used to pay for reasonable attorney's fees and court costs associated with
obtaining the order. 


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 ANALYSIS

 SECTION 1 transfers and redesignates Part 2, Chapter XII of the Texas
Probate Code to Part 3, Chapter V of the Probate Code, Sections 108-115.
SECTION 1 also amends the Emergency Intervention procedure to allow a
court to order funds of the decedent held by an employer, individual, or
financial institution to be used to pay for reasonable attorney's fees and
court costs associated with obtaining the order. 

 SECTION 2.  Effective date.  Application of act.

 SECTION 3.  Emergency clause.