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


Office of House Bill AnalysisH.B. 1661
By: Naishtat
Judicial Affairs
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

In 1993, the guardianship and probate provisions of the Probate Code were
separated.    Provisions relating to guardianships were added in newly
created Section 750.  Provisions containing the same language created in
Section 750 were left in Section 406.  H.B. 1661 deletes language making
this section 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 as amended Section 406, Probate Code, as
amended by Chapter 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
issue a show cause to a  representative for failure to present a timely
accounting.  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.