HBA-JLV, BSM C.S.H.B. 923 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 923
By: Hartnett
Judicial Affairs
3/15/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a district court has exclusive jurisdiction over
proceedings concerning trusts except for jurisdiction conferred by law on a
statutory probate court or a court that creates a management trust.
C.S.H.B. 923 grants a district court original and exclusive jurisdiction
over proceedings to determine the validity of a trust instrument, to modify
or terminate a trust, to discharge a trustee, or to adjudicate claims by or
against a trustee subject to the creation of a management trust. 

RULEMAKING 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. 

ANALYSIS

C.S.H.B. 923 amends the Property Code to give exclusive jurisdiction to a
district court to determine the validity of a trust instrument, modify or
terminate a trust, discharge a trustee, and to adjudicate claims by or
against a trustee. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 923 modifies the original to change the effective date and  to
provide that the intent of the Act is to clarify existing law by resolving
a conflict in case law concerning the subject matter jurisdiction of
district courts and statutory probate courts.