LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 13, 2011 TO: Honorable Chris Harris, Chair, Senate Committee on Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2900 by Hartnett (Relating to guardianship matters and proceedings.), As Engrossed No significant fiscal implication to the State is anticipated. The bill proposes changes to practices and procedures for guardianships that are transferred from one jurisdiction to another. Sections 1, 2, 3 and 6 do not have any changes that would have any fiscal impact. Section 4 requires the court to which the guardianship is transferred to hold a review hearing; this may have an impact on the court's time and resources. Section 5 authorizes the court to hold a hearing anywhere in the county; again, this may impact the court's time and resources. Section 7 proposes additions to Probate Code Section 894 clarifying the court's authority regarding its exercise of jurisdiction in certain matters involving unjustifiable conduct by parties to the guardianship proceeding. Section 8 adds Section 895 clarifying the most appropriate forum for certain guardianship proceedings. Section 8 also permits the court to assess costs and fees against the party seeking the action if the party engaged in unjustifiable conduct. Section 9 repeals Probate Code Section 893, but its provisions are included in the revisions under section 6; therefore, the fiscal impact is neutral. Local Government Impact The bill would require the court to which the guardianship is transferred to hold a review hearing. County courts with probate jurisdiction may have a greater demand on their time and resources which would vary by county; however, the fiscal impact is not expected to be significant. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: JOB, JT, SD, SJS, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
May 13, 2011
TO: Honorable Chris Harris, Chair, Senate Committee on Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2900 by Hartnett (Relating to guardianship matters and proceedings.), As Engrossed
TO: Honorable Chris Harris, Chair, Senate Committee on Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB2900 by Hartnett (Relating to guardianship matters and proceedings.), As Engrossed
Honorable Chris Harris, Chair, Senate Committee on Jurisprudence
Honorable Chris Harris, Chair, Senate Committee on Jurisprudence
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB2900 by Hartnett (Relating to guardianship matters and proceedings.), As Engrossed
HB2900 by Hartnett (Relating to guardianship matters and proceedings.), As Engrossed
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill proposes changes to practices and procedures for guardianships that are transferred from one jurisdiction to another. Sections 1, 2, 3 and 6 do not have any changes that would have any fiscal impact. Section 4 requires the court to which the guardianship is transferred to hold a review hearing; this may have an impact on the court's time and resources. Section 5 authorizes the court to hold a hearing anywhere in the county; again, this may impact the court's time and resources. Section 7 proposes additions to Probate Code Section 894 clarifying the court's authority regarding its exercise of jurisdiction in certain matters involving unjustifiable conduct by parties to the guardianship proceeding. Section 8 adds Section 895 clarifying the most appropriate forum for certain guardianship proceedings. Section 8 also permits the court to assess costs and fees against the party seeking the action if the party engaged in unjustifiable conduct. Section 9 repeals Probate Code Section 893, but its provisions are included in the revisions under section 6; therefore, the fiscal impact is neutral.
Local Government Impact
The bill would require the court to which the guardianship is transferred to hold a review hearing. County courts with probate jurisdiction may have a greater demand on their time and resources which would vary by county; however, the fiscal impact is not expected to be significant.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: JOB, JT, SD, SJS, KKR
JOB, JT, SD, SJS, KKR