By Lindsay                                            S.B. No. 1417
         77R5970 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the compensation of guardians and temporary guardians
 1-3     of the estate.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 665(b), Texas Probate Code, is amended to
 1-6     read as follows:
 1-7           (b)  The guardian or temporary guardian of an estate is
 1-8     entitled to a fee of five percent of the gross income of the ward's
 1-9     estate and five percent of all money paid out of the estate on a
1-10     court finding that the guardian or temporary guardian has taken
1-11     care of and managed the estate in compliance with the standards of
1-12     this chapter.  In this section, the term "money paid out" does not
1-13     include any money loaned, invested, or paid over on the settlement
1-14     of the guardianship or a tax-motivated gift made by the ward.  If
1-15     the court finds by clear and convincing evidence that the fee
1-16     provided by this subsection is an unreasonably low amount, the
1-17     court may authorize reasonable compensation to a guardian or
1-18     temporary guardian for services as guardian or temporary guardian
1-19     of the estate.  The court, on application of an interested person
1-20     or on its own motion, may:
1-21                 (1)  review and modify the amount of reasonable
1-22     compensation authorized to a guardian or temporary guardian; or
1-23                 (2)  deny a fee authorized under this section in whole,
1-24     or in part, if:
 2-1                       (A) [(1)]  the court finds that the guardian or
 2-2     temporary guardian has not adequately performed the duties required
 2-3     of a guardian or temporary guardian under this chapter; or
 2-4                       (B) [(2)]  the guardian or temporary guardian has
 2-5     been removed for cause.
 2-6           SECTION 2. (a)  The change in law made by this Act to Section
 2-7     665, Texas Probate Code, applies only to compensation for a
 2-8     guardian or temporary guardian of the estate that is authorized by
 2-9     a court on or after the effective date of this Act.
2-10           (b)  Compensation for a guardian or temporary guardian of the
2-11     estate that is authorized by a court before the effective date of
2-12     this Act is governed by the law in effect on the date the
2-13     compensation was authorized, and the former law is continued in
2-14     effect for that purpose.
2-15           SECTION 3. This Act takes effect September 1, 2001.