79R1475 CLG-F
By: Wentworth S.B. No. 349
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of a court with respect to an action
involving a testamentary trust.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5, Texas Probate Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) In those counties in which there is a statutory probate
court, all actions involving a testamentary trust shall be filed
and heard in the statutory probate court regardless of whether the
matter is appertaining or incident to an estate. In those counties
in which there is no statutory probate court, the district court has
exclusive jurisdiction over all actions involving a testamentary
trust.
SECTION 2. Section 5(e-1), Texas Probate Code, as added by
this Act, applies only to an action that is filed on or after the
effective date of this Act. An action that is filed before the
effective date of this Act is governed by the law in effect on the
date the action was filed, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2005.