By Thompson H.B. No. 1037
77R1308 CLG-F
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 and
1-4 closed.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 606, Texas Probate Code, is amended by
1-7 amending Subsections (e) and (f) and adding Subsection (g) to read
1-8 as follows:
1-9 (e) A court that exercises original probate jurisdiction has
1-10 the power to hear all matters incident to an estate. After a
1-11 guardianship of the estate of a ward is settled and closed as
1-12 provided by Section 745 of this chapter, the court exercising
1-13 original probate jurisdiction over the closing and settling of the
1-14 former ward's estate has the jurisdiction to hear:
1-15 (1) an action brought by or on behalf of the former
1-16 ward against a former guardian of the ward for alleged misconduct
1-17 arising from the performance of the person's duties as guardian;
1-18 (2) an action against a former guardian of the former
1-19 ward that is brought by a surety that is called on to perform in
1-20 place of the former guardian;
1-21 (3) a claim for the payment of compensation, expenses,
1-22 and court costs and any other matter authorized under Subpart H,
1-23 Part 2, of this chapter;
1-24 (4) a matter related to an authorization made or duty
2-1 performed by a guardian under Subpart C, Part 4, of this chapter;
2-2 and
2-3 (5) any other matter related or appertaining to a
2-4 guardianship estate that a court exercising original probate
2-5 jurisdiction is specifically authorized to hear under this chapter.
2-6 (f) When a surety is called on to perform in place of a
2-7 guardian or former guardian, a court exercising original probate
2-8 jurisdiction, including jurisdiction exercised under Subsection
2-9 (e)(2) of this section, may award judgment against the guardian or
2-10 former guardian in favor of the surety of the guardian or former
2-11 guardian in the same suit[, even if the ward has died, regained
2-12 capacity, or the ward's disabilities of minority have been
2-13 removed].
2-14 (g) [(f)] A final order of a court that exercises original
2-15 probate jurisdiction is appealable to a court of appeals.
2-16 SECTION 2. This Act takes effect immediately if it receives
2-17 a vote of two-thirds of all the members elected to each house, as
2-18 provided by Section 39, Article III, Texas Constitution. If this
2-19 Act does not receive the vote necessary for immediate effect, this
2-20 Act takes effect September 1, 2001.