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


Office of House Bill AnalysisH.B. 1037
By: Thompson
Judicial Affairs
3/9/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a probate court has the jurisdiction to settle and close
the estate of a ward only on the death of the ward or the attainment of
majority or capacity by the ward.  This provision has been construed to
mean that the court can only approve a final accounting, even if assets
need to be collected and liquidated, claims need to be approved or
rejected, or litigation needs to be commenced, continued, or brought to an
end.  Such an interpretation may be 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 closing and settling of a former
ward's estate has the jurisdiction, after a guardianship of the estate is
settled and closed, to hear specified actions, claims, and matters relating
to guardianship. 

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. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.