PMWJ H.B. 2189 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 2189
By: Naishtat
4-28-97
Committee Report (Amended)



BACKGROUND 

 During the 1993 legislative session, the Legislature passed a sweeping
reorganization and reformation of Texas Guardianship statutes.
Independent of the 1993 reformation bill, there were several decedent's
administration and guardianship statutes that were not addressed by the
reformation.  The 1995 Technical Corrections bill attempted to address
most of the technical issues caused by the passage of the 1993
legislation, but some were overlooked. 
 Beginning in 1993, guardianships were required to state in their
accountings and reports whether or not any required bond premiums were
paid and whether all outstanding taxes were paid. This requirement was an
additional safeguard to ensure that the administrator was fulfilling his
court ordered duties, to the benefit of the ward.  Similar requirements
for accountings in decedent's administration, although intended, were not
added. 


PURPOSE

 The purpose of this bill is to add requirements of statements concerning
bonds and taxes by a personal representative in decedent's estates to
conform with the current similar requirements for a guardian in
guardianships. 


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 amends Sections 399(a) and (c) of the Probate Code to add
requirements that the personal representative of a decedent's estate to
include in his or her annual account a statement and supporting proof that
the representative has paid all required bond premiums for the applicable
accounting period. 

 SECTION 2 amends Section 405 of the Probate Code, concerning the
requirements in an account for final settlement, by making the section
applicable only to final accounts for estates of decedents and deleting
provisions applicable to guardianships and the estates of wards;
provisions governing final accounts for estates of wards are now found in
Section 749 of the Probate Code. SECTION 2 also adds a requirement that
the personal representative state that he has paid all required bond
premiums. 

 SECTION 3 amends Section 743(b) of the Probate Code to require that a
guardian of the person, in his annual report to the court, include a
statement that he has paid the bond premium for the next reporting period
and to make a conforming renumbering change. 

 SECTION 4 amends Section 749 of the Probate Code, governing information
required in an account for final settlement of a ward's estate, by
requiring additional statements and an accounting concerning the taxes
filed, paid during the guardianship as well as those currently delinquent
and the  reason for the delinquency. 

 SECTION 5.  Effective date.  Application of act.

 SECTION 6.  Emergency clause. 


EXPLANATION OF AMENDMENTS

 Committee Amendment No. 1 strikes new language that was added to Probate
Code Sec. 399(c)(3) that would have required submission of "proof that all
required bond premiums have been paid" with all annual accounts of
representatives of estates.