SRC-BWC H.B. 1233 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1233
77R1306 MTB-FBy: Naishtat (Moncrief)
Jurisprudence
4/26/2001
Engrossed


DIGEST AND PURPOSE 

Current law does not authorize a guardian of the estate of a ward to
purchase a prepaid funeral benefits contract, though some probate courts
have and do issue orders authorizing a guardian to make such a purchase.
However, this option may not be available in all courts exercising probate
jurisdiction and guardians and attorneys may be unaware of the court's
willingness to approve the purchase.  H.B. 1233 amends the Texas Probate
Code to authorize a guardian of the estate of a ward, if the guardian deems
it is in the best interest of the estate and is so authorized by an order
of the court, to purchase a prepaid funeral benefits contract.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 774(a), Texas Probate Code, to authorize the
guardian of the estate, on application and if authorized by an order, to
renew or extend any obligation owed by or to the ward. Authorizes the
guardian, on written application to the court and when a guardian of the
estate deems it is in the best interest of the estate, and if authorized by
an order of the court, to purchase a prepaid funeral benefits contract.   

SECTION 2.  Effective date: September 1, 2001.