HBA-AMW, KDB, SEP H.B. 1037 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1037
By: Thompson
Judicial Affairs
7/20/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, a probate court had the jurisdiction to
settle the estate of a ward only on the death of the ward or the attainment
of majority or capacity by the ward.  This provision had been construed to
mean that the court could only approve a final accounting, even if assets
needed to be collected and liquidated, claims needed to be approved or
rejected, or litigation needed to be commenced, continued, or brought to an
end.  Such an interpretation may have been inconsistent with other
provisions that allow a guardian to pay other debts and expenses.  House
Bill 1037 clarifies the jurisdiction of a probate court in such
guardianship matters and removes the provision authorizing a probate court
to award judgment against a guardian or former guardian in favor of a
surety even if the ward has died, regained capacity, or the ward's
disabilities of minority have been removed. 

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. 

ANALYSIS

House Bill 1037 amends the Probate Code to provide that a court exercising
original probate jurisdiction over the settling of a former ward's estate
has the jurisdiction, after a guardianship of the estate is required to be
settled, to hear specified actions, claims, and matters relating to the
ward's estate. 

The bill removes the provision authorizing a court to award a specified
judgment against a guardian or former guardian even if the ward has died,
regained capacity, or the ward's disabilities of minority have been
removed. 

The bill removes provisions regarding the closing of a guardianship of the
estate of a ward except final settlement of the estate.  The bill also
requires, rather than provides, that the guardianship of the estate of the
ward be settled under specified circumstances. 

EFFECTIVE DATE

September 1, 2001.