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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