HBA-JLV, BSM C.S.H.B. 923 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 923 By: Hartnett Judicial Affairs 3/15/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, a district court has exclusive jurisdiction over proceedings concerning trusts except for jurisdiction conferred by law on a statutory probate court or a court that creates a management trust. C.S.H.B. 923 grants a district court original and exclusive jurisdiction over proceedings to determine the validity of a trust instrument, to modify or terminate a trust, to discharge a trustee, or to adjudicate claims by or against a trustee subject to the creation of a management trust. 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. 923 amends the Property Code to give exclusive jurisdiction to a district court to determine the validity of a trust instrument, modify or terminate a trust, discharge a trustee, and to adjudicate claims by or against a trustee. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 923 modifies the original to change the effective date and to provide that the intent of the Act is to clarify existing law by resolving a conflict in case law concerning the subject matter jurisdiction of district courts and statutory probate courts.