HBA-GUM, LCA H.B. 3337 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3337 By: Naishtat Judicial Affairs 7/28/1999 Enrolled BACKGROUND AND PURPOSE In 1997, the 75th Texas Legislature enacted legislation that reformulated "missing persons" provisions as "receivership positions," and transferred these provisions from the Probate Code to other codes. Despite that legislation, the Probate Code continued to contain references to missing persons. H.B. 3337 deletes these references, and provides that a guardianship for a missing person may be converted to a receivership under applicable codes. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3(p), Probate Code, to delete "a missing person" from the definition of "incapacitated" or "incapacitated person"and to make conforming changes. SECTION 2. Amends Section 601, Probate Code, to make conforming changes. SECTION 3. Amends Section 633(c), Probate Code, to make conforming changes. SECTION 4. Amends Section 646(a), Probate Code, to make conforming changes. SECTION 5. Amends Section 684(c), Probate Code, to make conforming changes. SECTION 6. Amends Sections 685(a) and (c), Probate Code, to make conforming changes. SECTION 7. Amends Section 686(a), Probate Code, to make conforming changes. SECTION 8. Amends Section 687(a), Probate Code, to make conforming changes. SECTION 9. Amends Section 694(b), Probate Code, to make conforming changes. SECTION 10. Repealer: Sections 610(d) and 694(f), Probate Code, relating to the appointment of a guardian for the estate of a missing person, and to the guardian of a missing person, respectively. SECTION 11. (a) Effective date: September 1, 1999. (b) Provides that a guardianship for a missing person created under Chapter XIII, Probate Code, before September 1, 1999, is abolished on the effective date of this Act. (c) Provides that a court with jurisdiction to appoint a receiver for a missing person may, on its own motion or on the motion of a person interested in the estate of the missing person, convert a guardianship for a missing person abolished under this Act to a receivership under Section 79.017, Human Resources Code, as added by Chapter 1376, Acts of the 75th Legislature, Regular Session, 1997, and editorially redesignated as Article 62.023, Code of Criminal Procedure (Receivership of Certain Missing Persons), or under Section 886, Probate Code (Appointment of Receiver). SECTION 12. Emergency clause.