SRC-JBJ S.B. 1417 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1417
77R5970 KLA-DBy: Lindsay
Jurisprudence
4/20/2001
As Filed


DIGEST AND PURPOSE 

Under current Texas law, a guardian or temporary guardian of an estate can
be paid a fee of five percent of the gross income of the ward's estate and
five percent of all money paid out of the estate.  If a court finds this
amount to be unreasonably low, it can authorize reasonable compensation for
the guardian, but there are no statutory guidelines to determine if that
amount is unreasonably low or who to determine a subsequent reasonable
compensation.  As proposed, S.B. 1417 amends provisions regarding such
determinations to authorize a court, if it finds by clear and convincing
evidence that the calculated fee is too low, to authorize a larger payment
than the previously determined fee. 

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 665(b), Texas Probate Code, to authorize a
court, if the court finds by clear and convincing evidence that the fee
provided by this subchapter is an unreasonably low amount, to authorize
reasonable compensation to a guardian or temporary guardian for services as
guardian or temporary guardian of the estate.  Authorizes the court, on
application of an interested person or on its own motion, to take certain
enumerated actions. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2001.