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.