BILL ANALYSIS H.B. 2417 By: Leibowitz Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Currently, the definition of "charitable trust" is only found in the Property Code and not in the Texas Probate Code, causing confusion over how statutory probate courts view the attorney general's role where a charitable trust is involved in a probate proceeding. H.B. 2417 makes the definition of "charitable trust" uniform in order to alleviate any confusion over whether the attorney general may seek fees in any case involving a charitable trust in which the attorney general has intervened in either statutory probate court or district court. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 2417 amends the Texas Probate Code, for purposes of court jurisdiction, to assign to "charitable trust" the definition as provided in the Property Code. EFFECTIVE DATE On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2417
By: Leibowitz
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 2417
By: Leibowitz
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Currently, the definition of "charitable trust" is only found in the Property Code and not in the Texas Probate Code, causing confusion over how statutory probate courts view the attorney general's role where a charitable trust is involved in a probate proceeding. H.B. 2417 makes the definition of "charitable trust" uniform in order to alleviate any confusion over whether the attorney general may seek fees in any case involving a charitable trust in which the attorney general has intervened in either statutory probate court or district court.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 2417 amends the Texas Probate Code, for purposes of court jurisdiction, to assign to "charitable trust" the definition as provided in the Property Code.
EFFECTIVE DATE On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.
BACKGROUND AND PURPOSE
Currently, the definition of "charitable trust" is only found in the Property Code and not in the Texas Probate Code, causing confusion over how statutory probate courts view the attorney general's role where a charitable trust is involved in a probate proceeding.
H.B. 2417 makes the definition of "charitable trust" uniform in order to alleviate any confusion over whether the attorney general may seek fees in any case involving a charitable trust in which the attorney general has intervened in either statutory probate court or district court.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2417 amends the Texas Probate Code, for purposes of court jurisdiction, to assign to "charitable trust" the definition as provided in the Property Code.
EFFECTIVE DATE
On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.