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.