| 1 | 1 | | 81R889 CLG-D |
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| 2 | 2 | | By: Leibowitz H.B. No. 2417 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the definition of charitable trust for purposes of |
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| 8 | 8 | | court jurisdiction. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 5(e), Texas Probate Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (e) A statutory probate court has concurrent jurisdiction |
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| 13 | 13 | | with the district court in all personal injury, survival, or |
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| 14 | 14 | | wrongful death actions by or against a person in the person's |
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| 15 | 15 | | capacity as a personal representative, in all actions by or against |
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| 16 | 16 | | a trustee, in all actions involving an inter vivos trust, |
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| 17 | 17 | | testamentary trust, or charitable trust, and in all actions |
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| 18 | 18 | | involving a personal representative of an estate in which each |
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| 19 | 19 | | other party aligned with the personal representative is not an |
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| 20 | 20 | | interested person in that estate. For purposes of this section, |
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| 21 | 21 | | "charitable trust" includes a charitable trust as defined by |
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| 22 | 22 | | Section 123.001, Property Code. |
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| 23 | 23 | | SECTION 2. This Act takes effect immediately if it receives |
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| 24 | 24 | | a vote of two-thirds of all the members elected to each house, as |
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| 25 | 25 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 26 | 26 | | Act does not receive the vote necessary for immediate effect, this |
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| 27 | 27 | | Act takes effect September 1, 2009. |
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