85R1714 MTB-D
By: Zaffirini S.B. No. 41
A BILL TO BE ENTITLED
AN ACT
relating to the demand for an accounting from an attorney in fact or
agent of a principal by a guardian of the principal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 751.104, Estates Code, is amended to
read as follows:
Sec. 751.104. ACCOUNTING. (a) The principal or a guardian
of the principal may demand an accounting by the attorney in fact or
agent.
(b) Unless otherwise directed by the principal or a guardian
of the principal, an accounting under Subsection (a) must include:
(1) the property belonging to the principal that has
come to the attorney in fact's or agent's knowledge or into the
attorney in fact's or agent's possession;
(2) each action taken or decision made by the attorney
in fact or agent;
(3) a complete account of receipts, disbursements, and
other actions of the attorney in fact or agent that includes
the source and nature of each receipt, disbursement, or action,
with receipts of principal and income shown separately;
(4) a listing of all property over which the attorney
in fact or agent has exercised control that includes:
(A) an adequate description of each asset; and
(B) the asset's current value, if the value is
known to the attorney in fact or agent;
(5) the cash balance on hand and the name and location
of the depository at which the cash balance is kept;
(6) each known liability; and
(7) any other information and facts known to the
attorney in fact or agent as necessary for a full and definite
understanding of the exact condition of the property belonging to
the principal.
(c) Unless directed otherwise by the principal or a guardian
of the principal, the attorney in fact or agent shall also provide
to the principal or guardian, as appropriate, all documentation
regarding the principal's property.
SECTION 2. Section 751.105, Estates Code, is amended to
read as follows:
Sec. 751.105. EFFECT OF FAILURE TO COMPLY; SUIT. If the
attorney in fact or agent fails or refuses to inform the principal,
provide documentation, or deliver an accounting under Section
751.104 within 60 days of a demand under that section, or a longer
or shorter period as demanded by the principal or a guardian of the
principal or ordered by a court, the principal or guardian may file
suit to:
(1) compel the attorney in fact or agent to deliver the
accounting or the assets; or
(2) terminate the power of attorney.
SECTION 3. The changes in law made by this Act to Sections
751.104 and 751.105, Estates Code, apply to a guardianship created
before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.