HBA-LCA H.B. 2317 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2317
By: Hartnett
Judicial Affairs
4/22/1999
Introduced


BACKGROUND AND PURPOSE 

The current statute providing for venue for suits involving trusts is
Section 115.002, Property Code (Venue), which has been essentially
unchanged for more than 50 years.  Individual trustees now have greater
mobility, and corporate trustees have experienced branching and
restructuring, which suggests a need for broadening the venue provisions. 

For suits involving a single, noncorporate trustee, H.B. 2317 expands venue
to include a trustee's county of residence during the four years prior to a
suit, or any county where the situs of administration of the trust has been
maintained during the four years prior to the suit. 

For suits involving corporate or multiple trustees, H.B. 2317 expands venue
to include any county where the situs of administration of the trust has
been maintained during the four years prior to the suit. 

RUKEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 115.002, Property Code, as follows:

Sec. 115.002.  VENUE.  (b)  Requires an action concerning a trust with a
single, noncorporate trustee, to be brought in the county in which the
trustee resides or has resided, or the situs of administration of a trust
is maintained or has been maintained, at any time during the four-year
period preceding the date an action is filed.  Makes  conforming changes. 

(c)  Requires that an action be brought in the county in which the situs of
administration, rather than the principal office, of a trust with multiple
trustees or a corporate trustee is maintained or has been maintained at any
time during the four-year period preceding the date the action is filed,
provided that an action may be brought against a corporate trustee
maintaining its principal office in the county. 

(d)  Authorizes a court, for just and reasonable cause, to transfer an
action between counties of proper venue on motion of a defendant, a joined
party, or an intervening party, according to certain specified provisions
concerning the timing of motions filed by various parties. 

(e)  Authorizes the court to transfer an action from a county of proper
venue to any other county on joint agreement by all parties. 

(f)  Defines "corporate trustee,"  "principal office," and "situs of
administration" for the purposes of this section. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.