79R4653 MTB-D


By:  Casteel                                                      H.B. No. 1501



A BILL TO BE ENTITLED

AN ACT

relating to the authority of a guardian of the estate of a ward to 
make certain gifts of the ward's estate for estate planning 
purposes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 865, Texas Probate Code, is amended by 
adding Subsection (f) to read as follows:
	(f)  In an order entered under Subsection (a) of this 
section, the court may authorize the guardian to make gifts as 
provided by Subsection (a) of this section on an annual or other 
periodic basis without subsequent application to or order of the 
court if the court finds it to be in the best interest of the ward 
and the ward's estate. The court, on the court's own motion or on the 
motion of a person interested in the welfare of the ward, may modify 
or set aside an order entered under this subsection if the court 
finds that the ward's financial condition has changed in such a 
manner that authorizing the guardian to make gifts of the estate on 
a continuing basis is no longer in the best interest of the ward and 
the ward's estate.
	SECTION 2.  The change in law made by this Act to Section 
865, Texas Probate Code, applies only to an application for the 
establishment of an estate plan filed on or after the effective date 
of this Act.  An application for the establishment of an estate plan 
filed before the effective date of this Act is governed by the law 
in effect on the date the application was filed, and the former law 
is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.