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.