82R1540 AJA-D
	By: Darby	H.B. No. 810

	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.