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A BILL TO BE ENTITLED
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AN ACT
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relating to district court jurisdiction over suits concerning |
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trusts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 115.001, Property Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (d) of this section, a |
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district court has original and exclusive jurisdiction over all |
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proceedings by or against a trustee and all proceedings concerning |
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trusts, including proceedings to: |
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(1) construe a trust instrument; |
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(2) determine the law applicable to a trust |
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instrument; |
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(3) appoint or remove a trustee; |
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(4) determine the powers, responsibilities, duties, |
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and liability of a trustee; |
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(5) ascertain beneficiaries; |
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(6) make determinations of fact affecting the |
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administration, distribution, or duration of a trust; |
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(7) determine a question arising in the administration |
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or distribution of a trust; |
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(8) relieve a trustee from any or all of the duties, |
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limitations, and restrictions otherwise existing under the terms of |
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the trust instrument or of this subtitle; |
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(9) require an accounting by a trustee, review trustee |
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fees, and settle interim or final accounts; and |
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(10) surcharge a trustee. |
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(a-1) The list of proceedings described by Subsection (a) |
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over which a district court has exclusive and original jurisdiction |
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is not exhaustive. A district court has exclusive and original |
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jurisdiction over a proceeding by or against a trustee or a |
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proceeding concerning a trust under Subsection (a) whether or not |
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the proceeding is listed in Subsection (a). |
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(d) The jurisdiction of the district court [over
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proceedings concerning trusts] is exclusive except for |
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jurisdiction conferred by law on: |
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(1) a statutory probate court; |
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(2) [,] a court that creates a trust under Section |
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867, Texas Probate Code; |
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(3) [, or] a court that creates a trust under Section |
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142.005; |
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(4) a justice court under Chapter 27, Government Code; |
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or |
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(5) a small claims court under Chapter 28, Government |
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Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |