HBA-SEP H.B. 1233 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1233
By: Naishtat
Judicial Affairs
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

Current law does not authorize a guardian of the estate of a ward to
purchase a prepaid funeral benefits contract, though some probate courts
have and do issue orders authorizing a guardian to make such a purchase.
However, this option may not be available in all courts exercising probate
jurisdiction and guardians and attorneys may be unaware of the court's
willingness to approve the purchase.  House Bill 1233 amends the Texas
Probate Code to authorize a guardian of the estate of a ward, if the
guardian deems it is in the best interest of the estate and is authorized
by an order of the court, to purchase a prepaid funeral benefits contract. 

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 1233 amends the Texas Probate Code to authorize a guardian of
the estate of a ward, if the guardian deems it is in the best interest of
the estate and is authorized by an order of the court, to purchase a
prepaid funeral benefits contract.    

EFFECTIVE DATE

September 1, 2001.