By Naishtat                                           H.B. No. 2189

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain reports and accounts submitted by guardians or

 1-3     personal representatives of estates.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 399(a), Texas Probate Code, is amended to

 1-6     read as follows:

 1-7           (a)  Estates of Decedents Being Administered Under Order of

 1-8     Court.  The personal representative of the estate of a decedent

 1-9     being administered under order of court shall, upon the expiration

1-10     of twelve (12) months from the date of qualification and receipt of

1-11     letters, return to the court an exhibit in writing under oath

1-12     setting forth a list of all claims against the estate that were

1-13     presented to him within the period covered by the account,

1-14     specifying which have been allowed by him, which have been paid,

1-15     which have been rejected and the date when rejected, which have

1-16     been sued upon, and the condition of the suit, and show:

1-17                 (1)  All property that has come to his knowledge or

1-18     into his possession not previously listed or inventoried as

1-19     property of the estate.

1-20                 (2)  Any changes in the property of the estate which

1-21     have not been previously reported.

1-22                 (3)  A complete account of receipts and disbursements

1-23     for the period covered by the account, and the source and nature

1-24     thereof, with receipts of principal and income to be shown

 2-1     separately.

 2-2                 (4)  A complete, accurate and detailed description of

 2-3     the property being administered, the condition of the property and

 2-4     the use being made thereof, and, if rented, the terms upon and the

 2-5     price for which rented.

 2-6                 (5)  The cash balance on hand and the name and location

 2-7     of the depository wherein such balance is kept;  also, any other

 2-8     sums of cash in savings accounts or other form, deposited subject

 2-9     to court order, and the name and location of the depository

2-10     thereof.

2-11                 (6)  A detailed description of personal property of the

2-12     estate, which shall, with respect to bonds, notes, and other

2-13     securities, include the names of obligor and obligee, or if payable

2-14     to bearer, so state;  the date of issue and maturity;  the rate of

2-15     interest;  serial or other identifying numbers;  in what manner the

2-16     property is secured;  and other data necessary to identify the same

2-17     fully, and how and where held for safekeeping.

2-18                 (7)  A statement that, during the period covered by the

2-19     account, all tax returns due have been filed and that all taxes due

2-20     and owing have been paid and a complete account of the amount of

2-21     the taxes, the date the taxes were paid, and the governmental

2-22     entity to which the taxes were paid.

2-23                 (8)  If any tax return due to be filed or any taxes due

2-24     to be paid are delinquent on the filing of the account, a

2-25     description of the delinquency and the reasons for the delinquency.

2-26                 (9)  A statement that the personal representative has

2-27     paid all the required bond premiums for the accounting period.

 3-1           SECTION 2.  Section 405, Texas Probate Code, as amended by

 3-2     Chapters 712 and 957, Acts of the 73rd Legislature, Regular

 3-3     Session, 1993, is amended to read as follows:

 3-4           Sec. 405.  ACCOUNT FOR FINAL SETTLEMENT OF ESTATES OF

 3-5     DECEDENTS [AND PERSONS AND ESTATES OF WARDS].  When administration

 3-6     of the estate of a decedent[, or guardianship of person or estate,

 3-7     or of the person and estate of a ward,] is to be settled and

 3-8     closed, the personal representative of such estate [or of such

 3-9     ward] shall present to the court his verified account for final

3-10     settlement.  In such account it shall be sufficient to refer to the

3-11     inventory without describing each item of property in detail, and

3-12     to refer to and adopt any and all proceedings had in the

3-13     administration [or guardianship, as the case may be,] concerning

3-14     sales, renting or hiring, leasing for mineral development, or any

3-15     other transactions on behalf of the estate [or of the ward, as the

3-16     case may be,] including exhibits, accounts, and vouchers previously

3-17     filed and approved, without restating the particular items thereof.

3-18     Each final account, however, shall be accompanied by proper

3-19     vouchers in support of each item thereof not already accounted for

3-20     and shall show, either by reference to any proceedings authorized

3-21     above or by statement of the facts:

3-22           [(a)  As to Estates of Decedents.]

3-23                 1.  The property belonging to the estate which has come

3-24     into the hands of the executor or administrator.

3-25                 2.  The disposition that has been made of such

3-26     property.

3-27                 3.  The debts that have been paid.

 4-1                 4.  The debts and expenses, if any, still owing by the

 4-2     estate.

 4-3                 5.  The property of the estate, if any, still remaining

 4-4     on hand.

 4-5                 6.  The persons entitled to receive such estate, their

 4-6     relationship to the decedent, and their residence, if known, and

 4-7     whether adults or minors, and, if minors, the names of their

 4-8     guardians, if any.

 4-9                 7.  All advancements or payments that have been made,

4-10     if any, by the executor or administrator from such estate to any

4-11     such person.

4-12                 8.  The tax returns due that have been filed and the

4-13     taxes due and owing that have been paid and a complete account of

4-14     the amount of taxes, the date the taxes were paid, and the

4-15     governmental entity to which the taxes were paid.

4-16                 9.  If any tax return due to be filed or any taxes due

4-17     to be paid are delinquent on the filing of the account, a

4-18     description of the delinquency and the reasons for the delinquency.

4-19                 10.  The personal representative has paid all required

4-20     bond premiums.

4-21           [(b)  As to Estates of Wards.]

4-22                 [1.  The property, rents, revenues, and profits

4-23     received by the guardian, and belonging to his ward, during his

4-24     guardianship.]

4-25                 [2.  The disposition made of such property, rents,

4-26     revenues, and profits.]

4-27                 [3.  The expenses and debts, if any, against the estate

 5-1     remaining unpaid.]

 5-2                 [4.  The tax returns due that have been filed and the

 5-3     taxes due and owing that have been paid and a complete account of

 5-4     the amount of taxes, the date the taxes were paid, and the

 5-5     governmental entity to which the taxes were paid.]

 5-6                 [5.  If any tax return due to be filed or any taxes due

 5-7     to be paid are delinquent on the filing of the account of taxes

 5-8     paid, a description of the delinquency and the reasons for the

 5-9     delinquency.]

5-10                 [6.  The property of the estate remaining in the hands

5-11     of such guardian, if any.]

5-12                 [7.  Such other facts as appear necessary to a full and

5-13     definite understanding of the exact condition of the guardianship.]

5-14           SECTION 3.  Section 743(b), Texas Probate Code, is amended to

5-15     read as follows:

5-16           (b)  The guardian of the person, whether or not there is a

5-17     separate guardian of the estate, shall submit to the court an

5-18     annual report by sworn affidavit that contains the following

5-19     information:

5-20                 (1)  the guardian's current name, address, and phone

5-21     number;

5-22                 (2)  the ward's current:

5-23                       (A)  name, address, and phone number; and

5-24                       (B)  age and date of birth;

5-25                 (3)  the type of home in which the ward resides,

5-26     described as the ward's own; a nursing, guardian's, foster, or

5-27     boarding home; a relative's home, and the ward's relationship to

 6-1     the relative; a hospital or medical facility; or other type of

 6-2     residence;

 6-3                 (4)  the length of time the ward has resided in the

 6-4     present home and, if there has been a change in the ward's

 6-5     residence in the past year, the reason for the change;

 6-6                 (5)  the date the guardian most recently saw the ward,

 6-7     and how frequently the guardian has seen the ward in the past year;

 6-8                 (6)  a statement indicating whether or not the guardian

 6-9     has possession or control of the ward's estate;

6-10                 (7)  the following statements concerning the ward's

6-11     health during the past year:

6-12                       (A)  whether the ward's mental health has

6-13     improved, deteriorated, or remained unchanged, and a description if

6-14     there has been a change;  and

6-15                       (B)  whether the ward's physical health has

6-16     improved, deteriorated, or remained unchanged, and a description if

6-17     there has been a change;

6-18                 (8)  a statement concerning whether or not the ward has

6-19     regular medical care, and the ward's treatment or evaluation by any

6-20     of the following persons during the last year, including the name

6-21     of that person, and the treatment involved:

6-22                       (A)  a physician;

6-23                       (B)  a psychiatrist, psychologist, or other

6-24     mental health care provider;

6-25                       (C)  a dentist;

6-26                       (D)  a social or other caseworker;  or

6-27                       (E)  another individual who provided treatment;

 7-1                 (9)  a description of the ward's activities during the

 7-2     past year, including recreational, educational, social, and

 7-3     occupational activities, or if no activities are available or if

 7-4     the ward is unable or has refused to participate in them, a

 7-5     statement to that effect;

 7-6                 (10)  the guardian's evaluation of the ward's living

 7-7     arrangements as excellent, average, or below average, including an

 7-8     explanation if the conditions are below average;

 7-9                 (11)  the guardian's evaluation of whether the ward is

7-10     content or unhappy with the ward's living arrangements;

7-11                 (12)  the guardian's evaluation of unmet needs of the

7-12     ward;

7-13                 (13)  a statement of whether or not the guardian's

7-14     power should be increased, decreased, or unaltered, including an

7-15     explanation if a change is recommended;

7-16                 (14)  a statement that the guardian has paid the bond

7-17     premium for the next reporting period; and

7-18                 (15) [(14)]  any additional information the guardian

7-19     desires to share with the court regarding the ward.

7-20           SECTION 4.  Section 749, Texas Probate Code, is amended to

7-21     read as follows:

7-22           Sec. 749.  ACCOUNT FOR FINAL SETTLEMENT OF ESTATES OF WARDS.

7-23     When a guardianship of the estate is settled and closed, the

7-24     guardian shall present to the court the guardian's verified account

7-25     for final settlement.  In the account it shall be sufficient to

7-26     refer to the inventory without describing each item of property in

7-27     detail and to refer to and adopt any and all guardianship

 8-1     proceedings that concern sales, renting or hiring, leasing for

 8-2     mineral development, or any other transaction on behalf of the

 8-3     guardianship estate, including an exhibit, account, or voucher

 8-4     previously filed and approved, without restating the particular

 8-5     items.  Each final account shall be accompanied by proper vouchers

 8-6     in support of each item not already accounted for and shall show,

 8-7     either by reference to any proceedings authorized above or by

 8-8     statement of the facts:

 8-9                 (1)  the property, rents, revenues, and profits

8-10     received by the guardian, and belonging to the ward, during the

8-11     term of the guardianship;

8-12                 (2)  the disposition made of the property, rents,

8-13     revenues, and profits;

8-14                 (3)  the expenses and debts against the estate that

8-15     remain unpaid, if any;

8-16                 (4)  the property of the estate that remains in the

8-17     hands of the guardian, if any;

8-18                 (5)  that the guardian has paid all required bond

8-19     premiums;

8-20                 (6)  the tax returns the guardian has filed during the

8-21     guardianship;

8-22                 (7)  the amount of taxes the ward owed during the

8-23     guardianship that the guardian has paid;

8-24                 (8)  a complete account of the taxes the guardian has

8-25     paid during the guardianship, including the amount of the taxes,

8-26     the date the guardian paid the taxes, and the name of the

8-27     governmental entity to which the guardian paid the taxes;

 9-1                 (9)  a description of all current delinquencies in the

 9-2     filing of tax returns and the payment of taxes and a reason for

 9-3     each delinquency; and

 9-4                 (10) [(5)]  other facts as appear necessary to a full

 9-5     and definite understanding of the exact condition of the

 9-6     guardianship.

 9-7           SECTION 5.  This Act takes effect September 1, 1997, and

 9-8     applies only to an account or report filed on or after that date.

 9-9     An account or report filed before the effective date of this Act is

9-10     governed by the law applicable on the date the account or report

9-11     was filed, and that law is continued in effect for that purpose.

9-12           SECTION 6.  The importance of this legislation and the

9-13     crowded condition of the calendars in both houses create an

9-14     emergency and an imperative public necessity that the

9-15     constitutional rule requiring bills to be read on three several

9-16     days in each house be suspended, and this rule is hereby suspended.