HBA-JLV C.S.H.B. 898 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 898 By: Thompson Judicial Affairs 3/23/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law provides that in order for a guardian to sell property on behalf of a ward, the guardian must apply to the court for the authority to sell the property. Also, the court may only close and settle a guardianship if the cash assets are $25,000 or less, and any debts may only be received or paid if the amount of a debtor's or creditor's interest does not exceed $50,000. These limitations on guardianship prove to be burdensome to the guardian, as well as the ward. The law governing guardianship procedure in Texas involves multiple steps, and therefore, some also consider the process expensive. In 1993, the legislature expedited the procedure for wards with a relatively small interest. An increase in the maximum value of the ward's interest to $100,000 and the ability of a court to terminate a guardianship of an estate for up to $100,000 may allow the expedited process to be used more frequently. C.S.H.B. 898 relates to the administration of certain property of incapacitated persons, wards, and former wards. 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 C.S.H.B. 898 amends the Texas Probate Code to increase from $50,000 to $100,000 the maximum value of real or personal property that a natural or adoptive parent or the managing conservator is authorized to sell on behalf of the minor. The bill increases, from $25,000 to $100,000, the maximum amount of cash or cash equivalent remaining in the estate of a minor in order to terminate the guardianship of the estate. The bill increases, from $50,000 to $100,000, the maximum amount of money a creditor without a guardianship is entitled to receive. The bill also increases, from $50,000 to $100,000, the maximum amount of money a nonresident minor, a nonresident person who is incapacitated, or a former ward of a terminated guardianship owing as a result of transactions within this state is entitled to receive. The bill increases from $50,000 to $100,000 the maximum value of a ward's net interest that a guardian is authorized to sell without being appointed guardian of the estate. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 898 modifies the original bill by making changes to reflect the increase of the maximum amount of: _cash or cash equivalent remaining in the estate of a minor in order to terminate the guardianship of the estate; _money a creditor without a guardianship is entitled to receive; and _money a nonresident minor, a nonresident person who is incapacitated, or a former ward of a terminated guardianship is entitled to receive. C.S.H.B. 898 also increases the and the maximum value of a ward's net interest a guardian is authorized to sell without being appointed guardian of the estate.