By Hartnett                                            H.B. No. 923
         77R855 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the jurisdiction of a district court over proceedings
 1-3     concerning trusts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.   Section 115.001(a), Property Code, is amended to
 1-6     read as follows:
 1-7           (a)  Except as provided by Subsection (d)  of this section, a
 1-8     district court has original and exclusive jurisdiction over all
 1-9     proceedings concerning trusts, including proceedings to:
1-10                 (1)  determine the validity of a trust instrument;
1-11                 (2)  construe a trust instrument;
1-12                 (3) [(2)]  determine the law applicable to a trust
1-13     instrument;
1-14                 (4)  modify or terminate a trust;
1-15                 (5) [(3)]  appoint, discharge, or remove a trustee;
1-16                 (6) [(4)]  determine the powers, responsibilities,
1-17     duties, and liability of a trustee;
1-18                 (7)  adjudicate claims by or against a trustee;
1-19                 (8) [(5)]  ascertain beneficiaries;
1-20                 (9) [(6)]  make determinations of fact affecting the
1-21     administration, distribution, or duration of a trust;
1-22                 (10) [(7)]  determine a question arising in the
1-23     administration or distribution of a trust;
1-24                 (11) [(8)]  relieve a trustee from any or all of the
 2-1     duties, limitations, and restrictions otherwise existing under the
 2-2     terms of the trust instrument or of this subtitle;
 2-3                 (12) [(9)]  require an accounting by a trustee, review
 2-4     trustee fees, and settle interim or final accounts; and
 2-5                 (13) [(10)]  surcharge a trustee.
 2-6           SECTION 2.   This Act takes effect September 1, 2001.