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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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