Texas Senate Bill SB587

Texas 2011 - 82nd Regular

• Introduced: 2/10/11
• Out of Senate Committee: 3/23/11
• Voted on by Senate: 3/28/11
• Refer: 2/17/11
• Out of House Committee: 5/2/11
• Report Pass: 3/23/11
• Voted on by House: 5/20/11
• Engrossed: 3/28/11
• Governor Action: 6/17/11
• Refer: 4/4/11
• Report Pass: 4/28/11
• Enrolled: 5/20/11
• Passed: 6/17/11

Caption

Relating to jurisdiction in certain proceedings brought by the attorney general with respect to charitable trusts.

Impact

This bill’s enactment will have a significant impact on how fiduciary breaches in charitable trusts are addressed within Texas. By establishing clear venue rules, the bill could lead to a more organized judicial approach when investigating and prosecuting such breaches. This provides greater certainty for both trustees and the attorney general's office regarding the appropriate legal venues for these proceedings, which might enhance the efficiency of resolving fiduciary disputes.

Summary

Senate Bill 587 aims to clarify the jurisdictional authority in proceedings initiated by the attorney general related to charitable trusts. Specifically, it amends Section 123.005 of the Texas Property Code to establish that venue for such cases is in Travis County or the county where the defendant resides or operates. This adjustment seeks to streamline the legal processes involved in addressing breaches of fiduciary duty by charitable entities and their associated fiduciaries, ensuring that cases are brought in locations that are relevant to the entities involved.

Contention

While the bill's provisions are aimed at enhancing legal clarity, potential points of contention could arise regarding the implications of centralized jurisdiction in Travis County. Stakeholders may voice concerns about accessibility for defendants and plaintiffs located in other parts of Texas, particularly if they have to travel to Travis County for proceedings. Moreover, the bill includes a clause stating that any applicable proceedings initiated before the effective date will follow the previous legal framework, which may lead to transitional confusion among involved parties.