By Naishtat H.B. No. 3343
76R2328 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to receiverships for certain persons reported to be
1-3 prisoners of war or missing in action.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 62, Code of Criminal Procedure, as
1-6 transferred from Chapter 79, Human Resources Code, by Chapter 1427,
1-7 Acts of the 75th Legislature, Regular Session, 1997, is amended by
1-8 adding Articles 62.025 through 62.031 to read as follows:
1-9 Art. 62.025. APPOINTMENT OF RECEIVER. (a) If any of the
1-10 separate property of a person reported to be a prisoner of war or
1-11 missing in action by the United States Department of Defense
1-12 appears to be in danger of injury, loss, or waste and in need of a
1-13 representative, a district judge of the county in which the person
1-14 reported to be a prisoner of war or missing in action or the spouse
1-15 of the person resides or where the endangered separate property is
1-16 located may by order, with or without application, appoint a
1-17 suitable person as receiver to take charge of the endangered
1-18 separate property.
1-19 (b) The order must include a requirement that the receiver
1-20 post bond as in ordinary receiverships in a sum the judge considers
1-21 necessary to protect the separate property and shall specify the
1-22 duties and powers of the receiver as the judge considers necessary
1-23 for the protection, conservation, and preservation of the separate
1-24 property.
2-1 (c) The clerk shall enter the order in the minutes of the
2-2 court, and the person appointed shall post bond for submission to
2-3 the judge for approval. On approval by the judge, the bond shall
2-4 be filed with the clerk.
2-5 (d) The receiver shall take charge of the endangered
2-6 separate property under the duties and powers provided by the order
2-7 of appointment and by subsequent orders as the judge shall make.
2-8 Art. 62.026. EXPENDITURES BY RECEIVER. If during the
2-9 receivership under Article 62.025 the needs of the spouse or
2-10 dependent children of the person reported to be a prisoner of war
2-11 or missing in action require the use of the income or corpus of the
2-12 estate for education, clothing, or subsistence, the judge may, with
2-13 or without application, by order entered in the minutes of the
2-14 court, appropriate an amount of the income or corpus sufficient for
2-15 that purpose. The income or corpus shall be used by the receiver
2-16 to pay claims for education, clothing, or subsistence that are
2-17 presented to the judge and approved and ordered to be paid.
2-18 Art. 62.027. INVESTMENTS, LOANS, AND CONTRIBUTIONS BY
2-19 RECEIVER. If during the receivership under Article 62.025 the
2-20 receiver has on hand an amount of money belonging to the person
2-21 reported to be a prisoner of war or missing in action in excess of
2-22 the amount needed for current necessities and expenses, the
2-23 receiver may, under direction of the judge, invest, lend, or
2-24 contribute all or a part of the excess money in the manner provided
2-25 by Subpart L, Part 4, Chapter XIII, Texas Probate Code, for
2-26 investments, loans, or contributions by guardians. The receiver
2-27 shall report to the judge all transactions involving excess money
3-1 in the manner that reports are required of guardians.
3-2 Art. 62.028. RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION.
3-3 (a) All necessary expenses incurred by the receiver appointed
3-4 under Article 62.025 in administering the property may be reported
3-5 monthly to the judge by a sworn statement of account, including a
3-6 report of:
3-7 (1) the receiver's acts;
3-8 (2) the condition of the property;
3-9 (3) the status of the threatened danger to the
3-10 property; and
3-11 (4) the progress made toward abatement of the
3-12 threatened danger.
3-13 (b) If the judge is satisfied that the statement is correct
3-14 and reasonable in all respects, the judge shall promptly by order
3-15 approve the report and authorize the reimbursement of the receiver
3-16 from the funds under the receiver's control.
3-17 (c) For official services rendered, the receiver is entitled
3-18 to be compensated in the same manner and amount as is provided by
3-19 Chapter XIII, Texas Probate Code, for similar services rendered by
3-20 guardians of estates.
3-21 Art. 62.029. CLOSING RECEIVERSHIP. When the threatened
3-22 danger has abated and the separate property is no longer liable to
3-23 injury, loss, or waste for the lack of a representative, the
3-24 receiver appointed under Article 62.025 shall:
3-25 (1) report to the judge; and
3-26 (2) file with the clerk a full and final sworn account
3-27 of:
4-1 (A) all property received by the receiver;
4-2 (B) all sums paid out;
4-3 (C) all acts performed by the receiver with
4-4 respect to the property; and
4-5 (D) all property remaining in the receiver's
4-6 control.
4-7 Art. 62.030. ACTION OF JUDGE. (a) If, on hearing the
4-8 report and account required by Article 62.029, the judge is
4-9 satisfied that the danger of injury, loss, or waste has abated and
4-10 that the report and account are correct, the judge shall render an
4-11 order so finding and shall direct the receiver to deliver the
4-12 property to the person from whom the receiver took possession as
4-13 receiver, to the person who was reported to be a prisoner of war or
4-14 missing in action, or to another person the judge finds to be
4-15 entitled to possession of the estate. The person to whom the
4-16 property is delivered shall execute and file with the clerk an
4-17 appropriate receipt for the property delivered.
4-18 (b) The order of the judge shall discharge the receiver and
4-19 the receiver's sureties.
4-20 (c) If the judge is not satisfied that the danger has
4-21 abated, or is not satisfied with the report and account, the judge
4-22 shall render an order continuing the receivership in effect until
4-23 the judge is so satisfied.
4-24 Art. 62.031. RECORDATION OF PROCEEDINGS. All orders, bonds,
4-25 reports, accounts, and notices in the receivership proceedings
4-26 shall be recorded in the minutes of the court.
4-27 SECTION 2. Chapter 63, Code of Criminal Procedure, as added
5-1 by the Act of the 76th Legislature, Regular Session, 1999, relating
5-2 to nonsubstantive additions to and corrections in enacted codes, is
5-3 amended by adding Articles 63.025 through 63.031 to read as
5-4 follows:
5-5 Art. 63.025. APPOINTMENT OF RECEIVER. (a) If any of the
5-6 separate property of a person reported to be a prisoner of war or
5-7 missing in action by the United States Department of Defense
5-8 appears to be in danger of injury, loss, or waste and in need of a
5-9 representative, a district judge of the county in which the person
5-10 reported to be a prisoner of war or missing in action or the spouse
5-11 of the person resides or where the endangered separate property is
5-12 located may by order, with or without application, appoint a
5-13 suitable person as receiver to take charge of the endangered
5-14 separate property.
5-15 (b) The order must include a requirement that the receiver
5-16 post bond as in ordinary receiverships in a sum the judge considers
5-17 necessary to protect the separate property and shall specify the
5-18 duties and powers of the receiver as the judge considers necessary
5-19 for the protection, conservation, and preservation of the separate
5-20 property.
5-21 (c) The clerk shall enter the order in the minutes of the
5-22 court, and the person appointed shall post bond for submission to
5-23 the judge for approval. On approval by the judge, the bond shall
5-24 be filed with the clerk.
5-25 (d) The receiver shall take charge of the endangered
5-26 separate property under the duties and powers provided by the order
5-27 of appointment and by subsequent orders as the judge shall make.
6-1 Art. 63.026. EXPENDITURES BY RECEIVER. If during the
6-2 receivership under Article 63.025 the needs of the spouse or
6-3 dependent children of the person reported to be a prisoner of war
6-4 or missing in action require the use of the income or corpus of the
6-5 estate for education, clothing, or subsistence, the judge may, with
6-6 or without application, by order entered in the minutes of the
6-7 court, appropriate an amount of the income or corpus sufficient for
6-8 that purpose. The income or corpus shall be used by the receiver
6-9 to pay claims for education, clothing, or subsistence that are
6-10 presented to the judge and approved and ordered to be paid.
6-11 Art. 63.027. INVESTMENTS, LOANS, AND CONTRIBUTIONS BY
6-12 RECEIVER. If during the receivership under Article 63.025 the
6-13 receiver has on hand an amount of money belonging to the person
6-14 reported to be a prisoner of war or missing in action in excess of
6-15 the amount needed for current necessities and expenses, the
6-16 receiver may, under direction of the judge, invest, lend, or
6-17 contribute all or a part of the excess money in the manner provided
6-18 by Subpart L, Part 4, Chapter XIII, Texas Probate Code, for
6-19 investments, loans, or contributions by guardians. The receiver
6-20 shall report to the judge all transactions involving excess money
6-21 in the manner that reports are required of guardians.
6-22 Art. 63.028. RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION.
6-23 (a) All necessary expenses incurred by the receiver appointed
6-24 under Article 63.025 in administering the property may be reported
6-25 monthly to the judge by a sworn statement of account, including a
6-26 report of:
6-27 (1) the receiver's acts;
7-1 (2) the condition of the property;
7-2 (3) the status of the threatened danger to the
7-3 property; and
7-4 (4) the progress made toward abatement of the
7-5 threatened danger.
7-6 (b) If the judge is satisfied that the statement is correct
7-7 and reasonable in all respects, the judge shall promptly by order
7-8 approve the report and authorize the reimbursement of the receiver
7-9 from the funds under the receiver's control.
7-10 (c) For official services rendered, the receiver is entitled
7-11 to be compensated in the same manner and amount as is provided by
7-12 Chapter XIII, Texas Probate Code, for similar services rendered by
7-13 guardians of estates.
7-14 Art. 63.029. CLOSING RECEIVERSHIP. When the threatened
7-15 danger has abated and the separate property is no longer liable to
7-16 injury, loss, or waste for the lack of a representative, the
7-17 receiver appointed under Article 63.025 shall:
7-18 (1) report to the judge; and
7-19 (2) file with the clerk a full and final sworn account
7-20 of:
7-21 (A) all property received by the receiver;
7-22 (B) all sums paid out;
7-23 (C) all acts performed by the receiver with
7-24 respect to the property; and
7-25 (D) all property remaining in the receiver's
7-26 control.
7-27 Art. 63.030. ACTION OF JUDGE. (a) If, on hearing the
8-1 report and account required by Article 63.029, the judge is
8-2 satisfied that the danger of injury, loss, or waste has abated and
8-3 that the report and account are correct, the judge shall render an
8-4 order so finding and shall direct the receiver to deliver the
8-5 property to the person from whom the receiver took possession as
8-6 receiver, to the person who was reported to be a prisoner of war or
8-7 missing in action, or to another person the judge finds to be
8-8 entitled to possession of the estate. The person to whom the
8-9 property is delivered shall execute and file with the clerk an
8-10 appropriate receipt for the property delivered.
8-11 (b) The order of the judge shall discharge the receiver and
8-12 the receiver's sureties.
8-13 (c) If the judge is not satisfied that the danger has
8-14 abated, or is not satisfied with the report and account, the judge
8-15 shall render an order continuing the receivership in effect until
8-16 the judge is so satisfied.
8-17 Art. 63.031. RECORDATION OF PROCEEDINGS. All orders, bonds,
8-18 reports, accounts, and notices in the receivership proceedings
8-19 shall be recorded in the minutes of the court.
8-20 SECTION 3. Section 6.501(b), Family Code, is amended to read
8-21 as follows:
8-22 (b) A temporary restraining order under this subchapter may
8-23 not include a provision:
8-24 (1) the subject of which is a requirement,
8-25 appointment, award, or other order listed in Article 62.026, Code
8-26 of Criminal Procedure [Section 886A, Texas Probate Code]; or
8-27 (2) that:
9-1 (A) excludes a spouse from occupancy of the
9-2 residence where that spouse is living except as provided in a
9-3 protective order made in accordance with Title 4;
9-4 (B) prohibits a party from spending funds for
9-5 reasonable and necessary living expenses; or
9-6 (C) prohibits a party from engaging in acts
9-7 reasonable and necessary to conduct that party's usual business and
9-8 occupation.
9-9 SECTION 4. Section 6.501(b), Family Code, is amended to read
9-10 as follows:
9-11 (b) A temporary restraining order under this subchapter may
9-12 not include a provision:
9-13 (1) the subject of which is a requirement,
9-14 appointment, award, or other order listed in Article 63.026, Code
9-15 of Criminal Procedure [Section 886A, Texas Probate Code]; or
9-16 (2) that:
9-17 (A) excludes a spouse from occupancy of the
9-18 residence where that spouse is living except as provided in a
9-19 protective order made in accordance with Title 4;
9-20 (B) prohibits a party from spending funds for
9-21 reasonable and necessary living expenses; or
9-22 (C) prohibits a party from engaging in acts
9-23 reasonable and necessary to conduct that party's usual business and
9-24 occupation.
9-25 SECTION 5. Sections 886, 886A, 886B, 886C, 886D, 886E, and
9-26 886F, Texas Probate Code, are repealed.
9-27 SECTION 6. (a) This Act takes effect September 1, 1999.
10-1 (b) Sections 1 and 3 of this Act take effect only if the Act
10-2 of the 76th Legislature, Regular Session, 1999, relating to
10-3 nonsubstantive additions to and corrections in enacted codes, does
10-4 not take effect.
10-5 (c) Sections 2 and 4 of this Act take effect only if the Act
10-6 of the 76th Legislature, Regular Session, 1999, relating to
10-7 nonsubstantive additions to and corrections in enacted codes, takes
10-8 effect.
10-9 SECTION 7. The importance of this legislation and the
10-10 crowded condition of the calendars in both houses create an
10-11 emergency and an imperative public necessity that the
10-12 constitutional rule requiring bills to be read on three several
10-13 days in each house be suspended, and this rule is hereby suspended.