Bill Text: TX HB2917 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the property code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred directly to subcommittee by chair [HB2917 Detail]
Download: Texas-2013-HB2917-Introduced.html
| By: Thompson of Harris | H.B. No. 2917 | |
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| relating to the property code. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 115.002 of the Texas Property Code is | ||
| amended to read as follows: | ||
| Sec. 115.002. VENUE. (a) The venue of an action under | ||
| Section 115.001 of this Act is determined according to this | ||
| section. | ||
| (b) If there is a single, noncorporate trustee, an action | ||
| shall be brought in the county in which: | ||
| (1) the trustee resides or has resided at any time | ||
| during the four-year period preceding the date the action is filed; | ||
| or | ||
| (2) the situs of administration of the trust is | ||
| maintained or has been maintained at any time during the four-year | ||
| period preceding the date the action is filed. | ||
| (c) If there are multiple trustees or a corporate trustee, | ||
| an action shall be brought in the county in which the situs of | ||
| administration of the trust is maintained or has been maintained at | ||
| any time during the four-year period preceding the date the action | ||
| is filed, or if there are one or more noncorporate trustees, in the | ||
| county where any noncorporate trustee resides, provided that an | ||
| action against a corporate trustee as defendant may be brought in | ||
| the county in which the corporate trustee maintains its principal | ||
| office in this state. | ||
| (c-1) Notwithstanding Subsections (b) and (c), if the | ||
| settlor is deceased and an administration of the settlor's estate | ||
| is pending in this state, an action involving the interpretation | ||
| and administration of an inter vivos trust created by the settlor or | ||
| a testamentary trust created by the settlor's will may be brought: | ||
| (1) in a county in which venue is proper under | ||
| Subsection (b) or (c); or | ||
| (2) in the county in which the administration of the | ||
| settlor's estate is pending. | ||
| (d) For just and reasonable cause, including the location of | ||
| the records and the convenience of the parties and witnesses, the | ||
| court may transfer an action from a county of proper venue under | ||
| this section to another county of proper venue: | ||
| (1) on motion of a defendant or joined party, filed | ||
| concurrently with or before the filing of the answer or other | ||
| initial responsive pleading, and served in accordance with law; or | ||
| (2) on motion of an intervening party, filed not later | ||
| than the 20th day after the court signs the order allowing the | ||
| intervention, and served in accordance with law. | ||
| (e) Notwithstanding any other provision of this section, on | ||
| agreement by all parties the court may transfer an action from a | ||
| county of proper venue under this section to any other county. | ||
| (f) For the purposes of this section: | ||
| (1) "Corporate trustee" means an entity organized as a | ||
| financial institution or a corporation with the authority to act in | ||
| a fiduciary capacity. | ||
| (2) "Principal office" means an office of a corporate | ||
| trustee in this state where the decision makers for the corporate | ||
| trustee within this state conduct the daily affairs of the | ||
| corporate trustee. The mere presence of an agent or representative | ||
| of the corporate trustee does not establish a principal office. The | ||
| principal office of the corporate trustee may also be but is not | ||
| necessarily the same as the situs of administration of the trust. | ||
| (3) "Situs of administration" means the location in | ||
| this state where the trustee maintains the office that is primarily | ||
| responsible for dealing with the settlor and beneficiaries of the | ||
| trust. The situs of administration may also be but is not | ||
| necessarily the same as the principal office of a corporate | ||
| trustee. | ||
| SECTION 2. The change in law made by this Act to the | ||
| Property Code applies only to a proceeding brought on or after the | ||
| effective date of this Act. An action brought before the effective | ||
| date of this Act is governed by the law in effect immediately before | ||
| that date, and the former law is continued in effect for that | ||
| purpose. | ||
| This Act takes effect September 1, 2013. | ||
