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  80R1208 JPL-D
 
  By: Hartnett H.B. No. 334
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to district court jurisdiction over suits concerning
trusts.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 115.001(a), Property Code, is amended to
read as follows:
       (a)  Except as provided by Subsection (d) of this section, a
district court has original and exclusive jurisdiction over all
proceedings concerning trusts[, including proceedings to:
             [(1)construe a trust instrument;
             [(2)  determine the law applicable to a trust
instrument;
             [(3)appoint or remove a trustee;
             [(4)  determine the powers, responsibilities, duties,
and liability of a trustee;
             [(5)ascertain beneficiaries;
             [(6)  make determinations of fact affecting the
administration, distribution, or duration of a trust;
             [(7)  determine a question arising in the
administration or distribution of a trust;
             [(8)  relieve a trustee from any or all of the duties,
limitations, and restrictions otherwise existing under the terms of
the trust instrument or of this subtitle;
             [(9)  require an accounting by a trustee, review
trustee fees, and settle interim or final accounts; and
             [(10)surcharge a trustee]
.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.