BILL ANALYSIS

 

 

Senate Research Center                                                                                                 C.S.S.B. 349

79R8557 CLG-F                                                                                                        By: Wentworth

                                                                                                                                      Jurisprudence

                                                                                                                                            4/29/2005

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Section 115.001, Property Code, provides that the district court's jurisdiction over all proceedings concerning trusts is exclusive, except for the jurisdiction conferred by law on a statutory probate court or a court that creates a trust under Section 867, Texas Probate Code.  Section 5(h), Texas Probate Code, states that a statutory probate court has jurisdiction over any matter appertaining to an estate or incident to an estate.  Pursuant to Section 5A(b), Texas Probate Code, the phrases "appertaining to an estate" and "incident to an estate" include, among other things, the interpretation and administration of testamentary trusts.  It is unclear whether the interpretation and administration of testamentary trusts is always appertaining or incident to an estate and, therefore, which court has jurisdiction of matters involving a testamentary trust.

 

C.S.S.B. 349 clarifies the issue of jurisdiction by conferring upon the statutory probate court jurisdiction of all actions involving a testamentary trust, regardless of whether the matter is appertaining to or incident to an estate.  In counties where there is no statutory probate court, the district court would have jurisdiction over all actions involving a testamentary trust, with certain exceptions.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 5, Texas Probate Code, by adding Subsection (e-1), as follows:

 

(e-1)  Requires all actions involving a testamentary trust, in those counties in which there is a statutory probate court, to be filed and heard in the statutory probate court regardless of whether the matter is appertaining or incident to an estate.  Provides that in those counties in which there is no statutory probate court, the district court has jurisdiction over all actions involving a testamentary trust, except in those actions in which a statutory probate judge is assigned to hold court in a court exercising probate jurisdiction as provided by Section 25.0022 (Administration of Statutory Probate Courts), Government Code.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2005.