SRC-AXB H.B. 777 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 777
By: Thompson (Wentworth)
Jurisprudence
4/9/1999
Engrossed


DIGEST 

Currently, conflicts exist between various appellate courts regarding the
meaning and intent of a law regarding matters appertaining to and incident
to guardianship estates.  Additionally, court resources are being spent to
defend the meaning of the phrase, "appertaining to and incident to."  H.B.
777 clarifies the legislative intent that all suits, actions, and
applications filed regarding matters of guardianship are appertaining to
and incident to an estate. 

PURPOSE

As proposed, H.B. 777 clarifies legislative intent regarding the
jurisdiction of a statutory probate court in certain guardianship matters. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 607(b), Texas Probate Code, to provide that all
suits, actions, and applications on behalf of any guardianship under the
jurisdiction of a statutory probate court, are appertaining to and incident
to an estate. 

SECTION 2.  Amends Section 607(e), Texas Probate Code, to provide that
Subsection (d), rather than Subsection (c), applies regardless of the
relationship of the matter to a guardianship estate. Makes conforming
changes. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.