By: Casteel (Senate Sponsor - Wentworth) H.B. No. 1709
(In the Senate - Received from the House April 28, 2003;
May 1, 2003, read first time and referred to Committee on
Jurisprudence; May 19, 2003, reported favorably by the following
vote: Yeas 6, Nays 0; May 19, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the settlement of the guardianship of the estate of a
ward.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 747(b), Texas Probate Code, is amended
to read as follows:
(b) 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.
The judge may issue orders as necessary for the best interests of
the ward or of the estate of a deceased ward. This section does not
discharge a guardian of the person from liability for breach of the
guardian's fiduciary duties.
SECTION 2. The changes in law made by this Act to Section
747(b), Texas Probate Code, apply only to an order or event
requiring the settlement of a guardianship of the estate of a ward
under Section 745, Texas Probate Code, that is issued or occurs on
or after the effective date of this Act. An order or event
requiring the settlement of a guardianship of the estate of a ward
that was issued or occurred before the effective date of this Act is
governed by the law in effect on the date on which the order was
issued or the event occurred, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2003.
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