By: Uresti  S.B. No. 587
         (In the Senate - Filed February 10, 2011; February 17, 2011,
  read first time and referred to Committee on Jurisprudence;
  March 23, 2011, reported favorably by the following vote:  Yeas 6,
  Nays 0; March 23, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to jurisdiction in certain proceedings brought by the
  attorney general with respect to charitable trusts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 123.005, Property Code, is amended to
  read as follows:
         Sec. 123.005.  BREACH OF FIDUCIARY DUTY:  VENUE;
  JURISDICTION.  (a)  Venue in a proceeding brought by the attorney
  general alleging breach of a fiduciary duty by a charitable entity
  or a fiduciary or managerial agent of a charitable trust shall be a
  court of competent jurisdiction in Travis County or in the county
  where the defendant resides or has its principal office.  To the
  extent of a conflict between this subsection and any provision of
  the Texas Probate Code providing for venue of a proceeding brought
  with respect to a charitable trust created by a will that has been
  admitted to probate, this subsection controls.
         (b)  A statutory probate court of Travis County has
  concurrent jurisdiction with any other court on which jurisdiction
  is conferred by Section 4A, Texas Probate Code, in a proceeding
  brought by the attorney general alleging breach of a fiduciary duty
  with respect to a charitable trust created by a will that has been
  admitted to probate.
         SECTION 2.  The change in law made by this Act applies only
  to a proceeding commenced on or after the effective date of this
  Act. A proceeding commenced before the effective date of this Act
  is governed by the law in effect immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 3.  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, 2011.
 
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