Enacted-Effective 9/1/11: SB 1197 -- REPTL trust bill

Caption: Relating to trusts.
Author: Rodriguez
Bill History
Bill Text

Relevance: This bill is supported by the Real Estate, Probate and Trust Law Section of the State Bar of Texas and makes several minor or technical changes to the Texas Trust Code.  It:

• Contains a special extension of the disclaimer deadline to match the extension in the 2010 tax law. (Section 112.010)

• Makes a slight change in the forfeiture (in terrorem) statute -- "just cause" must have existed for bringing the action, not "probable cause." (Section 112.038)

• Allows waiver of notice of nonjudicial divisions and combinations of trusts. (Section 112.057)

• Makes clear that a county court at law exercising the jurisdiction over a trust given it by Section 4B of the Probate Code has trust jurisdiction. (Section 115.001)

• Makes venue in a trust case proper in a court in which an estate is pending. (Section 115.002)

• Removes a beneficiary whose interest has been distributed, extinguished, terminated or paid from the list of necessary parties to trust litigation. (Section 115.011)

• Makes a couple of technical changes to the Texas Uniform Principal and Income Act (Sections 116.005 and 116.205)

See "REPTL bills would make changes to trusts, guardianships and powers of attorney" on texasprobate.com. 

x-Did Not Pass: HB 1835 -- REPTL trust bill

Caption: Relating to trusts.
Author: Hartnett
Bill History
Bill Text

Note:  While HB 1835, its companion, SB 1197, passed both houses and, as of May 19, 2011, is awaiting Governor Perry's signature.

Relevance: This bill is supported by the Real Estate, Probate and Trust Law Section of the State Bar of Texas and makes several minor or technical changes to the Texas Trust Code.  It:

• Contains a special extension of the disclaimer deadline to match the extension in the 2010 tax law. (Section 112.010)
• Makes a slight change in the forfeiture (in terrorem) statute -- "just cause" must have existed for bringing the action, not "probable cause." (Section 112.038)
• Allows waiver of notice of nonjudicial divisions and combinations of trusts. (Section 112.057)
• Makes clear that a county court at law exercising the jurisdiction over a trust given it by Section 4B of the Probate Code has trust jurisdiction. (Section 115.001)
• Makes venue in a trust case proper in a court in which an estate is pending. (Section 115.002)
• Removes a beneficiary whose interest has been distributed, extinguished, terminated or paid from the list of necessary parties to trust litigation. (Section 115.011)
• Makes a couple of technical changes to the Texas Uniform Principal and Income Act (Sections 116.005 and 116.205)

See "REPTL bills would make changes to trusts, guardianships and powers of attorney" on texasprobate.com. 

x-Did Not Pass: HB 1813 -- Unvested contingent beneficiary is still a trust beneficiary

Caption: Relating to a beneficiary or interested person for the purposes of the Texas Trust Code.
Author: Phillips
Bill History
Bill Text

Relevance:   HB 1813 would change the definitions of "beneficiary" and "interested person" in Section 111.004 of the Trust Code to specifically include a beneficiary "whose right to benefit from the trust is contingent, regardless of whether the right to benefit from the trust is presently vested."  This language may be unnecessary, since the definition of beneficiary now in the Code means "a person for whose benefit property is held in trust, regardless of the nature of the interest." It may have an impact on the right of remote beneficiaries to demand accountings and participate in litigation, although that is not clear.

Enacted-Effective 9/1/11: SB 587 -- AG actions involving charitable trusts

Caption: Relating to jurisdiction in certain proceedings brought by the attorney general with respect to charitable trusts.
Author: Uresti
Bill History
Bill Text 

Relevance:  Gives the statutory probate court of Travis County concurrent jurisdiction with another court exercising probate jurisdiction under Probate Code Section 4A in a proceeding brought by the attorney general alleging breach of fiduciary duty with respect to a charitable trust.

x-Did Not Pass: HB 810 -- AG actions involving charitable trusts

Caption: Relating to jurisdiction in certain proceedings brought by the attorney general with respect to charitable trusts.
Author: Darby
Bill History
Bill Text 

Relevance:  Gives the statutory probate court of Travis County concurrent jurisdiction with another court exercising probate jurisdiction under Probate Code Section 4A in a proceeding brought by the attorney general alleging breach of fiduciary duty with respect to a charitable trust.

x-Did Not Pass: SB 261 -- Perpetuities

Caption: Relating to the rule against perpetuities.
Author:   Carona
Bill History
Bill Text 

Relevance:  HB 372 would modify the rule against perpetuities to permit trusts to last for 200 years.

See "Perpetuities: How about 200 years?" on texasprobate.com. 

x-Did Not Pass: HB 372 -- Perpetuities

Caption:  Relating to the rule against perpetuities.
Author:  Hartnett
Bill History
Bill Text

Relevance:  HB 372 would modify the rule against perpetuities to permit trusts to last for 200 years.

See "Perpetuities: How about 200 years?" on texasprobate.com.