HBA-AMW, KDB, SEP C.S.H.B. 1037 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1037
By: Thompson
Judicial Affairs
3/15/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a probate court has the jurisdiction to settle the
estate of a ward only on the death of the ward or the attainment of
majority or capacity by the ward.  This provision has been construed to
mean that the court can only approve a final accounting, even if assets
need to be collected and liquidated, claims need to be approved or
rejected, or litigation needs to be commenced, continued, or brought to an
end. Such an interpretation may be inconsistent with other provisions that
allow a guardian to pay other debts and expenses.  C.S.H.B. 1037 clarifies
the jurisdiction of a probate court in such guardianship matters and
removes the provision authorizing a probate court to award judgment against
a guardian or former guardian in favor of a surety even if the ward has
died, regained capacity, or the ward's disabilities of minority have been
removed. 

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. 

ANALYSIS

C.S.H.B. 1037 amends the Probate Code to provide that a court exercising
original probate jurisdiction over the settling of a former ward's estate
has the jurisdiction, after a guardianship of the estate is required to be
settled, to hear specified actions, claims, and matters relating to the
ward's estate. 

The bill removes the provision authorizing a court to award a specified
judgment against a guardian or former guardian even if the ward has died,
regained capacity, or the ward's disabilities of minority have been
removed. 

The bill removes provisions regarding the closing of a guardianship of the
estate of a ward except final settlement of the estate.  The bill also
requires, rather than provides, that the guardianship of the estate of the
ward be settled under specified circumstances. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1037 differs from the original bill by adding provisions that
remove the closing of a guardianship of the estate of a ward except on the
final settlement of the estate.  The substitute also adds new language to
require the guardianship of the estate of a ward to be settled.  The
substitute  modifies the effective date of the original bill.