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.