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.