77R7552 CLG-D                           
         By Thompson                                           H.B. No. 1037
         Substitute the following for H.B. No. 1037:
         By Hartnett                                       C.S.H.B. No. 1037
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to jurisdiction of a court over certain matters related to
 1-3     the ward's estate after a ward's guardianship is settled.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 606, Texas Probate Code, is amended by
 1-6     amending Subsections (e) and (f) and adding Subsection (g) to read
 1-7     as follows:
 1-8           (e)  A court that exercises original probate jurisdiction has
 1-9     the power to hear all matters incident to an estate.  After a
1-10     guardianship of the estate of a ward is required to be settled as
1-11     provided by Section 745 of this chapter, the court exercising
1-12     original probate jurisdiction over the settling of the former
1-13     ward's estate has the jurisdiction to hear:
1-14                 (1)  an action brought by or on behalf of the former
1-15     ward against a former guardian of the ward for alleged misconduct
1-16     arising from the performance of the person's duties as guardian;
1-17                 (2)  an action against a former guardian of the former
1-18     ward that is brought by a surety that is called on to perform in
1-19     place of the former guardian;
1-20                 (3)  a claim for the payment of compensation, expenses,
1-21     and court costs and any other matter authorized under Subpart H,
1-22     Part 2, of this chapter;
1-23                 (4)  a matter related to an authorization made or duty
1-24     performed by a guardian under Subpart C, Part 4, of this chapter;
 2-1     and
 2-2                 (5)  any other matter related or appertaining to a
 2-3     guardianship estate that a court exercising original probate
 2-4     jurisdiction is specifically authorized to hear under this chapter.
 2-5           (f)  When a surety is called on to perform in place of a
 2-6     guardian or former guardian, a court exercising original probate
 2-7     jurisdiction, including jurisdiction exercised under Subsection
 2-8     (e)(2) of this section, may award judgment against the guardian or
 2-9     former guardian in favor of the surety of the guardian or former
2-10     guardian in the same suit[, even if the ward has died, regained
2-11     capacity, or the ward's disabilities of minority have been
2-12     removed].
2-13           (g) [(f)]  A final order of a court that exercises original
2-14     probate jurisdiction is appealable to a court of appeals.
2-15           SECTION 2.  Section 694G, Texas Probate Code, is amended to
2-16     read as follows:
2-17           Sec. 694G.  ORDER OF COMPLETE RESTORATION OF WARD'S CAPACITY.
2-18     If the court finds that a ward is no longer an incapacitated
2-19     person, the order completely restoring the ward's capacity must
2-20     contain findings of fact and specify:
2-21                 (1)  the information required by Section 694J of this
2-22     code;
2-23                 (2)  that the ward is no longer an incapacitated
2-24     person;
2-25                 (3)  that there is no further need for a guardianship
2-26     of the person or estate of the ward;
2-27                 (4)  that the guardian is required to:
 3-1                       (A)  immediately settle [and close] the
 3-2     guardianship in accordance with [Section 745 of] this chapter
 3-3     [code]; and
 3-4                       (B)  deliver all of the remaining guardianship
 3-5     estate to the ward; and
 3-6                 (5)  that the clerk shall revoke letters of
 3-7     guardianship when the guardianship is finally settled and closed.
 3-8           SECTION 3.  The heading to Section 745, Texas Probate Code,
 3-9     is amended to read as follows:
3-10           Sec. 745.  SETTLING [CLOSING] GUARDIANSHIPS OF THE ESTATE.
3-11           SECTION 4.  Sections 745(a) and (d), Texas Probate Code, are
3-12     amended to read as follows:
3-13           (a)  A guardianship of the estate of a ward shall be [is]
3-14     settled [and closed] when:
3-15                 (1)  a minor ward dies or becomes an adult by becoming
3-16     18 years of age, or by removal of disabilities of minority
3-17     according to the law of this state, or by marriage;
3-18                 (2)  an incapacitated ward dies, or is decreed as
3-19     provided by law to have been restored to full legal capacity;
3-20                 (3)  the spouse of a married ward has qualified as
3-21     survivor in community and the ward owns no separate property;
3-22                 (4)  the estate of a ward becomes exhausted;
3-23                 (5)  the foreseeable income accruing to a ward or to
3-24     his estate is so negligible that maintaining the guardianship in
3-25     force would be burdensome;
3-26                 (6)  all of the assets of the estate have been placed
3-27     in a management trust under Subpart N, Part 4, of this code and the
 4-1     court determines that a guardianship for the ward is no longer
 4-2     necessary; or
 4-3                 (7)  the court determines for any other reason that a
 4-4     guardianship for the ward is no longer necessary.
 4-5           (d)  In the settlement [and closing] of a guardianship, the
 4-6     court may appoint an attorney ad litem to represent the interests
 4-7     of the ward, and may allow the attorney reasonable compensation for
 4-8     services provided by the attorney out of the ward's estate.
 4-9           SECTION 5.  Section 746, Texas Probate Code, is amended to
4-10     read as follows:
4-11           Sec. 746.  PAYMENT OF FUNERAL EXPENSES AND OTHER DEBTS ON
4-12     DEATH OF WARD.  Before [Notwithstanding Section 745 of this code,
4-13     before] the guardianship of a person or estate of a ward is closed
4-14     on the death of a ward, the guardian, subject to the approval of
4-15     the court, may make all funeral arrangements, pay for the funeral
4-16     expenses out of the estate of the deceased ward, and pay all other
4-17     debts out of the estate.  If a personal representative of the
4-18     estate of a deceased ward is appointed, the court shall on the
4-19     written complaint of the personal representative cause the guardian
4-20     to be cited to appear and present a final account as provided in
4-21     Section 749 of this code.
4-22           SECTION 6.  Section 747(a), Texas Probate Code, is amended to
4-23     read as follows:
4-24           (a)  When the guardianship of an incapacitated person is
4-25     required to be settled [and closed] as provided by Section 745 of
4-26     this code, the guardian of the person shall deliver all property of
4-27     the ward in the possession or control of the guardian to the
 5-1     emancipated ward or other person entitled to the property.  If the
 5-2     ward is deceased, the guardian shall deliver the property to the
 5-3     personal representative of the deceased ward's estate or other
 5-4     person entitled to the property.
 5-5           SECTION 7.  Section 749, Texas Probate Code, is amended to
 5-6     read as follows:
 5-7           Sec. 749.  ACCOUNT FOR FINAL SETTLEMENT OF ESTATES OF WARDS.
 5-8     When a guardianship of the estate is required to be settled [and
 5-9     closed], the guardian shall present to the court the guardian's
5-10     verified account for final settlement.  In the account it shall be
5-11     sufficient to refer to the inventory without describing each item
5-12     of property in detail and to refer to and adopt any and all
5-13     guardianship proceedings that concern sales, renting or hiring,
5-14     leasing for mineral development, or any other transaction on behalf
5-15     of the guardianship estate, including an exhibit, account, or
5-16     voucher previously filed and approved, without restating the
5-17     particular items.  Each final account shall be accompanied by
5-18     proper vouchers in support of each item not already accounted for
5-19     and shall show, either by reference to any proceedings authorized
5-20     above or by statement of the facts:
5-21                 (1)  the property, rents, revenues, and profits
5-22     received by the guardian, and belonging to the ward, during the
5-23     term of the guardianship;
5-24                 (2)  the disposition made of the property, rents,
5-25     revenues, and profits;
5-26                 (3)  the expenses and debts against the estate that
5-27     remain unpaid, if any;
 6-1                 (4)  the property of the estate that remains in the
 6-2     hands of the guardian, if any;
 6-3                 (5)  that the guardian has paid all required bond
 6-4     premiums;
 6-5                 (6)  the tax returns the guardian has filed during the
 6-6     guardianship;
 6-7                 (7)  the amount of taxes the ward owed during the
 6-8     guardianship that the guardian has paid;
 6-9                 (8)  a complete account of the taxes the guardian has
6-10     paid during the guardianship, including the amount of the taxes,
6-11     the date the guardian paid the taxes, and the name of the
6-12     governmental entity to which the guardian paid the taxes;
6-13                 (9)  a description of all current delinquencies in the
6-14     filing of tax returns and the payment of taxes and a reason for
6-15     each delinquency; and
6-16                 (10)  other facts as appear necessary to a full and
6-17     definite understanding of the exact condition of the guardianship.
6-18           SECTION 8.  The heading to Section 752, Texas Probate Code,
6-19     is amended to read as follows:
6-20           Sec. 752.  COURT ACTION; CLOSING OF GUARDIANSHIP OF WARD'S
6-21     ESTATE.
6-22           SECTION 9.  The changes in law made by Sections 2 through 8
6-23     of this Act apply only to an application for the appointment of a
6-24     guardian filed on or after the effective date of this Act.  An
6-25     application for the appointment of a guardian filed before the
6-26     effective date of this Act is governed by the law in effect on the
6-27     date the application was filed, and the former law is continued in
 7-1     effect for that purpose.
 7-2           SECTION 10.  This Act takes effect September 1, 2001.