By Naishtat H.B. No. 3432 75R4418 CLG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to claims against the estate of a ward. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 805, Texas Probate Code, is amended to 1-5 read as follows: 1-6 Sec. 805. ORDER OF PAYMENT OF CLAIMS. (a) The guardian 1-7 shall pay a claim against the estate of the guardian's ward that 1-8 has been allowed and approved or established by suit, as soon as 1-9 practicable, in the following order, except as provided by 1-10 Subsection (b) of this section: 1-11 (1) expenses for the care, maintenance, and education 1-12 of the ward or the ward's dependents; 1-13 (2) funeral expenses of the ward and expenses of the 1-14 ward's last illness, if the guardianship is kept open after the 1-15 death of the ward as provided under this chapter, except that any 1-16 claim against the estate of a ward that has been allowed and 1-17 approved or established by suit before the death of the ward shall 1-18 be paid before the funeral expenses and expenses of the last 1-19 illness; 1-20 (3) expenses of administration; and 1-21 (4) other claims against the ward or the ward's 1-22 estate. 1-23 (b) If the estate is insolvent, the guardian shall give 1-24 first priority to the payment of a claim relating to the 2-1 administration of the guardianship. The guardian shall pay other 2-2 claims against the ward's estate in the order prescribed by 2-3 Subsection (a) of this section. 2-4 (c) A claimant whose claim has not been paid may petition 2-5 the court for determination of the claim at any time before it is 2-6 barred by the applicable statute of limitations and on due proof 2-7 procure an order for its allowance and payment from the estate. 2-8 SECTION 2. A court may modify any guardianship in effect on 2-9 September 1, 1997, to conform with the requirements of the Texas 2-10 Probate Code, as amended by this Act, on the court's own motion or 2-11 on application by the ward, guardian, or any other interested 2-12 person or entity. 2-13 SECTION 3. Except as provided by Section 2 of this Act: 2-14 (1) the change in law made by this Act applies only to 2-15 proceedings for the appointment of a guardian instituted on or 2-16 after the effective date of this Act; and 2-17 (2) a proceeding for the appointment of a guardian 2-18 that is instituted before the effective date of this Act is 2-19 governed by the law in effect on the date the proceedings were 2-20 instituted, and the former law is continued in effect for that 2-21 purpose. 2-22 SECTION 4. This Act takes effect September 1, 1997. 2-23 SECTION 5. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended.