HBA-ATS, KMH H.B. 1661 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1661
By: Naishtat
Judicial Affairs
6/25/1999
Enrolled



BACKGROUND AND PURPOSE 

In 1993, the guardianship and probate provisions of the Texas Probate Code
were separated. Provisions relating to guardianships were added in newly
created Section 750 (Procedure in Case of Neglect or Failure to File Final
Account or Report), Texas Probate Code.  Provisions containing the same
language created in Section 750 were left in Section 406 (Procedure in Case
of Neglect or Failure to File Final Account; Payments Due Meantime), Texas
Probate Code.  H.B. 1661 deletes language making Section 406 applicable to
guardianships and the estates of deceased wards. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends and reenacts Section 406, Texas Probate Code, as amended
by Chapters 898 and 957, Acts of the 73rd Legislature, Regular Session,
1993, as follows: 

Sec.  406.  PROCEDURE IN CASE OF NEGLECT OR FAILURE TO FILE FINAL ACCOUNT;
PAYMENTS DUE MEANTIME.  Requires, rather than authorizes, the court to
cause a personal representative who fails or neglects to file a final
account at the proper time to be cited to appear and present such account
within the time specified in the citation. Deletes language making this
section applicable to guardianships and subsequent estates of deceased
wards.  Makes nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.