1-1     By:  Thompson (Senate Sponsor - Brown)                 H.B. No. 898
 1-2           (In the Senate - Received from the House April 9, 2001;
 1-3     April 9, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; April 24, 2001, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; April 24, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the administration of certain property of incapacitated
 1-9     persons, wards, and former wards.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 745(c), Texas Probate Code, is amended to
1-12     read as follows:
1-13           (c)  When the estate of a minor ward consists only of cash or
1-14     cash equivalents in an amount of $100,000 [$25,000] or less, the
1-15     guardianship of the estate may be terminated and the assets paid to
1-16     the county clerk of the county in which the guardianship proceeding
1-17     is pending, and the clerk shall manage the funds as provided by
1-18     Section 887 of this code.
1-19           SECTION 2. Sections 887(a) and (e), Texas Probate Code, are
1-20     amended to read as follows:
1-21           (a)  When a resident person who is a minor or other
1-22     incapacitated person, or the former ward of a guardianship
1-23     terminated under Subpart C, Part 4, of this code, who are referred
1-24     to in this section as "creditor," are without a legal guardian of
1-25     the person's estate, and the person is entitled to money in an
1-26     amount that is $100,000 [$50,000] or less, the right to which is
1-27     liquidated and is uncontested in any pending lawsuit, the debtor
1-28     may pay the money to the county clerk of the county in which the
1-29     creditor resides to the account of the creditor, giving the
1-30     creditor's name, the creditor's social security identification
1-31     number, the nature of the creditor's disability, and, if the
1-32     creditor is a minor, the minor's age, and the creditor's
1-33     post-office address.  The receipt for the money signed by the clerk
1-34     is binding on the creditor as of the date of receipt and to the
1-35     extent of the payment.  The clerk, by letter mailed to the address
1-36     given by the debtor, shall apprise the creditor of the fact that
1-37     the deposit was made.  On receipt of the payment by the clerk, the
1-38     clerk shall call the receipt of the payment to the court's
1-39     attention and shall invest the money as authorized under this
1-40     chapter pursuant to court order in the name and for the account of
1-41     the minor or other person entitled to the money.  Any increase,
1-42     dividend, or income from an investment made under this section
1-43     shall be credited to the account of the minor or other person
1-44     entitled to the investment.  Any money that is deposited under the
1-45     terms of this section that has not been paid out shall be subject
1-46     to the provisions of this chapter not later than October 1, 1993.
1-47           (e)  When a nonresident minor, a nonresident person who is
1-48     adjudged by a court of competent jurisdiction to be incapacitated,
1-49     or the former ward of a guardianship terminated under Subpart C,
1-50     Part 4, of this code who has no legal guardian qualified in this
1-51     state is entitled to money in an amount that is not more than
1-52     $100,000 [$50,000] owing as a result of transactions within this
1-53     state, the right to which is liquidated and is uncontested in any
1-54     pending lawsuit in this state, the debtor in this state may pay the
1-55     money to the guardian of the creditor who is duly qualified in the
1-56     domiciliary jurisdiction or to the county clerk of any county in
1-57     this state in which real property owned by the nonresident person
1-58     is located.  If the person is not known to own any real property in
1-59     any county in this state the debtor has the right to pay the money
1-60     to the county clerk of the county of this state in which the debtor
1-61     resides.  In either case, the debtor's payment to the clerk is for
1-62     the use and benefit and for the account of the nonresident
1-63     creditor.  The receipt for the payment signed by the clerk that
1-64     recites the name of the creditor and the post office address of the
 2-1     creditor, if known, is binding on the creditor as of the date and
 2-2     to the extent of the payment.  The clerk shall handle the money
 2-3     paid to the clerk by the debtor in the same manner as provided for
 2-4     cases of payments to the accounts of residents of this state under
 2-5     Subsections (a)-(d) of this section.  All applicable provisions of
 2-6     Subsections (a)-(d) of this section apply to the handling and
 2-7     disposition of money or any increase, dividend, or income paid to
 2-8     the clerk for the use, benefit, and account of the nonresident
 2-9     creditor.
2-10           SECTION 3. Section 889(a), Texas Probate Code, is amended to
2-11     read as follows:
2-12           (a)  When a minor has an interest in real or personal
2-13     property and the net value of the [minor's] interest [in real or
2-14     personal property in an estate] does not exceed $100,000 [$50,000],
2-15     a natural or adoptive parent, or the managing conservator, of a
2-16     minor who is not a ward may apply to the court for an order to sell
2-17     the minor's interest in the [real or personal] property [of a minor
2-18     in an estate] without being appointed guardian.  A minor may not
2-19     disaffirm a sale of property pursuant to a court order under this
2-20     section.
2-21           SECTION 4. Section 890(b), Texas Probate Code, is amended to
2-22     read as follows:
2-23           (b)  When a ward has an interest in real or personal property
2-24     in an estate and the net value of the interest does not exceed
2-25     $100,000 [$50,000], the guardian may apply under oath to the court
2-26     for an order to sell the ward's interest in the property without
2-27     being appointed guardian of the estate.  A ward may not disaffirm a
2-28     sale of property pursuant to a court order under this section.
2-29           SECTION 5. The changes in law made by Sections 1 and 4 of
2-30     this Act apply only to an application for the appointment of a
2-31     guardian that is filed on or after the effective date of this Act.
2-32     An application for the appointment of a guardian that is filed
2-33     before the effective date of this Act is governed by the law in
2-34     effect on the date the application was filed, and the former law is
2-35     continued in effect for that purpose.
2-36           SECTION 6. The changes in law made by Section 3 of this Act
2-37     apply only to an application for the sale of an interest in
2-38     property of a minor filed on or after the effective date of this
2-39     Act.  An application for the sale of an interest in property of a
2-40     minor that is filed before the effective date of this Act is
2-41     governed by the law in effect on the date the application was
2-42     filed, and the former law is continued in effect for that purpose.
2-43           SECTION 7. This Act takes effect September 1, 2001.
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