LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION

March 14, 2007

TO:	Honorable Will Hartnett, Chair, House Committee on Judiciary
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB1709 by Naishtat (Relating to bonds required of guardians and other personal representatives.), Committee Report 1st House, Substituted

No significant fiscal implication to the State is anticipated.

The bill would amend the Probate Code §205 and §206 to provide judges with the discretion to require a guardian or personal representative to provide a new bond by immediately entering a new order without providing notice.  The order entered under section 205(1) of  the bill would state the reasons for requiring a new bond, the amount of the new bond, and the time within which the new bond must be given, which may not be earlier than the 10th day after the date of the order. The bill would allow a personal representative to demand a hearing on the order, if the representative opposes the order. According to the Department of Family and Protective Services and the Office of Court Administration, the bill would have no significant fiscal implication to the State.  The bill would take effect September 1, 2007.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 530 Family and Protective Services, Department of

LBB Staff:

JOB, MN, ZS, TB