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.