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.