H.B. 1709 78(R)    BILL ANALYSIS


H.B. 1709
By: Casteel
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

When a guardianship of a person is terminated, the guardian must deliver
the property of the ward to the person entitled to the property.  Current
law requires the guardian to file a sworn affidavit with the court stating
the reason the guardianship was terminated and to whom the property of the
ward in the guardian's possession was delivered.  However, current law
does not impose a time limit. H.B. 1709 imposes a 60 day deadline for the
filing of this affidavit. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 1709 amends the Probate Code to require that if there is no property
of the ward in the possession or control of the guardian of the person,
the guardian shall, not later than the 60th day after the date on which
the guardianship is required to be settled, file with the court a sworn
affidavit that states the reason the guardianship was terminated and to
whom the property of the ward in the guardian's possession was delivered.  

EFFECTIVE DATE

September 1, 2003.