By:  Wentworth                                                    S.B. No. 349
	(In the Senate - Filed February 3, 2005; February 15, 2005, 
read first time and referred to Committee on Jurisprudence; 
April 29, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 4, Nays 0; April 29, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 349                                    By:  Wentworth

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 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, Government Code. SECTION 2. Subsection (e-1), Section 5, 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.
* * * * *