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


Office of House Bill AnalysisH.B. 1233
By: Naishtat
Judicial Affairs
6/13/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, a guardian of the estate of a ward was not
authorized to purchase a prepaid funeral benefits contract, though some
probate courts did issue orders authorizing a guardian to make such a
purchase.  This option might not have been available in all courts
exercising probate jurisdiction and guardians and attorneys might have been
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.