Amend HB 1883 by striking all below the enacting clause and
substituting the following:
      SECTION 1.  Sec. 489B.  Texas Probate Code, is amended to
read as follows:
      Sec. 489B.  DUTY TO INFORM AND ACCOUNT. (a)  The attorney in
fact or agent is a fiduciary and has a duty to inform and to
account for actions taken pursuant to the power of attorney.
      (b)  The attorney in fact or agent shall timely inform the
principal of all actions taken pursuant to the power of attorney.
Failure of the attorney in fact or agent to inform timely, as to
third parties, shall not invalidate any action of the attorney in
fact or agent.
      (c)  The attorney in fact or agent shall maintain records of
each action taken or decision made by the attorney in fact or
agent.
      (d)  The principal may demand an accounting by the attorney
in fact or agent.  Unless otherwise directed by the principal the
accounting shall include:
            (1)  The property belonging to the principal that has
come to the attorney in fact's or agent's knowledge or into the
attorney in fact's or agent's possession;
            (2)  All actions taken or decisions made by the
attorney in fact or agent;
            (3)  A complete account of receipts, disbursements, and
other actions of the attorney in fact or agent, including their
source and nature, with receipts of principal and income shown
separately;
            (4)  A listing of all property over which the attorney
in fact or agent has exercised control, with an adequate
description of each asset and its current value if known to the
attorney in fact or agent;
            (5)  The cash balance on hand and the name and location
of the depository where the balance is kept;
            (6)  All known liabilities; and
            (7)  Such other information and facts known to the
attorney in fact or agent as may be necessary to a full and
definite understanding of the exact condition of the property
belonging to the principal.
      (e)  Unless directed otherwise by the principal, the attorney
in fact or agent shall also provide to the principal all
documentation regarding the principal's property.
      (f)  The attorney in fact or agent shall maintain all records
until delivered to the principal, released by the principal, or
discharged by a court.
      (g)  If the attorney in fact or agent fails or refuses to
inform the principal, provide documentation, or deliver the
accounting within 60 days (or such longer or shorter time that the
principal demands or a court may order) the principal may file suit
to compel the attorney in fact or agent to deliver the accounting,
to deliver the assets or to terminate the power of attorney.
      (h)  This section shall not limit the right of the principal
to terminate the power of attorney or to make additional
requirements of or to give additional instructions to the attorney
in fact or agent.
      (i)  Where ever in this chapter a principal is given an
authority to act that shall include not only the principal but also
any person designated by the principal, a guardian of the estate of
the principal, or other personal representative of the principal.
      (j)  The rights set out in this section and chapter is
cumulative of any other rights or remedies the principal may have
at common law or other applicable statutes and not in derogation of
those rights.
      SECTION 2.  This Act takes effect September 1, 2001.