LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 14, 2013 TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2080 by Thompson, Senfronia (Relating to guardianships, including the assessment and payment of attorney's fees and other court costs in guardianships, and to court-created management trusts for persons who have physical disabilities or who are incapacitated.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Estates Code as it relates to guardianships and court-created management trusts. The bill amends payment provisions relating to guardianship proceedings and allows the court to authorize court costs and attorney fee payments from the county treasury. The bill also specifies that if a party in the proceeding is found to have acted in bad faith, the court may require the party to reimburse the ward's estate for any court costs and attorney's fees. The bill would repeal Estates Code Section 1155.051, relating to compensation in certain guardianship proceedings. Except as otherwise provided, the changes in law would apply only to guardianships created or guardianships applications pending before, on, or after the bill's effective date. Certain changes in law contained in the bill would apply only to an application for the creation, modification, or termination of management trusts filed on or after the bill's effective date, and changes relating to management trust property transfer apply to a management trust created before, on, or after the bill's effective date. The bill would take effect January 1, 2014. The Department of Aging and Disability Services anticipates no fiscal impact resulting from the bill. The Office of Court Administration does not anticipate any significant fiscal impact to the court system resulting from the bill. Local Government Impact The Office of Court Administration anticipates that some of the proposed changes, particularly those relating to allocations of costs and fees and to mediation, may result in cost savings to counties because they may be assessed against the applicant, rather than the ward's estate or the county treasurer. According to the Texas Association of Counties (TAC), the counties of Collin, El Paso, and DeWitt anticipate no fiscal impact associated with the bill. TAC reported that Harris County anticipates some savings associated with the bill, but the amount of savings could not be determined. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 539 Aging and Disability Services, Department of LBB Staff: UP, CL, AM, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 14, 2013
TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2080 by Thompson, Senfronia (Relating to guardianships, including the assessment and payment of attorney's fees and other court costs in guardianships, and to court-created management trusts for persons who have physical disabilities or who are incapacitated.), As Introduced
TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB2080 by Thompson, Senfronia (Relating to guardianships, including the assessment and payment of attorney's fees and other court costs in guardianships, and to court-created management trusts for persons who have physical disabilities or who are incapacitated.), As Introduced
Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB2080 by Thompson, Senfronia (Relating to guardianships, including the assessment and payment of attorney's fees and other court costs in guardianships, and to court-created management trusts for persons who have physical disabilities or who are incapacitated.), As Introduced
HB2080 by Thompson, Senfronia (Relating to guardianships, including the assessment and payment of attorney's fees and other court costs in guardianships, and to court-created management trusts for persons who have physical disabilities or who are incapacitated.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Estates Code as it relates to guardianships and court-created management trusts. The bill amends payment provisions relating to guardianship proceedings and allows the court to authorize court costs and attorney fee payments from the county treasury. The bill also specifies that if a party in the proceeding is found to have acted in bad faith, the court may require the party to reimburse the ward's estate for any court costs and attorney's fees. The bill would repeal Estates Code Section 1155.051, relating to compensation in certain guardianship proceedings. Except as otherwise provided, the changes in law would apply only to guardianships created or guardianships applications pending before, on, or after the bill's effective date. Certain changes in law contained in the bill would apply only to an application for the creation, modification, or termination of management trusts filed on or after the bill's effective date, and changes relating to management trust property transfer apply to a management trust created before, on, or after the bill's effective date. The bill would take effect January 1, 2014. The Department of Aging and Disability Services anticipates no fiscal impact resulting from the bill. The Office of Court Administration does not anticipate any significant fiscal impact to the court system resulting from the bill.
The bill would amend the Estates Code as it relates to guardianships and court-created management trusts. The bill amends payment provisions relating to guardianship proceedings and allows the court to authorize court costs and attorney fee payments from the county treasury. The bill also specifies that if a party in the proceeding is found to have acted in bad faith, the court may require the party to reimburse the ward's estate for any court costs and attorney's fees. The bill would repeal Estates Code Section 1155.051, relating to compensation in certain guardianship proceedings.
Except as otherwise provided, the changes in law would apply only to guardianships created or guardianships applications pending before, on, or after the bill's effective date. Certain changes in law contained in the bill would apply only to an application for the creation, modification, or termination of management trusts filed on or after the bill's effective date, and changes relating to management trust property transfer apply to a management trust created before, on, or after the bill's effective date. The bill would take effect January 1, 2014.
The Department of Aging and Disability Services anticipates no fiscal impact resulting from the bill. The Office of Court Administration does not anticipate any significant fiscal impact to the court system resulting from the bill.
Local Government Impact
The Office of Court Administration anticipates that some of the proposed changes, particularly those relating to allocations of costs and fees and to mediation, may result in cost savings to counties because they may be assessed against the applicant, rather than the ward's estate or the county treasurer. According to the Texas Association of Counties (TAC), the counties of Collin, El Paso, and DeWitt anticipate no fiscal impact associated with the bill. TAC reported that Harris County anticipates some savings associated with the bill, but the amount of savings could not be determined.
The Office of Court Administration anticipates that some of the proposed changes, particularly those relating to allocations of costs and fees and to mediation, may result in cost savings to counties because they may be assessed against the applicant, rather than the ward's estate or the county treasurer.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 539 Aging and Disability Services, Department of
212 Office of Court Administration, Texas Judicial Council, 539 Aging and Disability Services, Department of
LBB Staff: UP, CL, AM, KKR
UP, CL, AM, KKR