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.
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