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.