HBA-LCA H.B. 3337 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3337
By: Naishtat
Judicial Affairs
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

In 1997, the 75th Legislature enacted legislation that reformulated
"missing persons" provisions as "receivership positions," and transferred
these provisions from the Probate Code to other codes. 

The Probate Code still contains 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.