HBA-GUM, LCA H.B. 2317 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2317 By: Hartnett Judicial Affairs 7/27/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Texas Legislature, the statute providing for venue for suits involving trusts, Section 115.002, Property Code (Venue), had been essentially unchanged since 1943. The increase in mobility of individual trustees, and the branching and restructuring of corporate trustees experienced in the past 50 years suggested a need for broadening the venue provisions to preserve appropriate venues. For suits involving a single, noncorporate trustee, H.B. 2317 expands venue to include a trustee's county of residence during the four years prior to a suit, or any county where the situs of administration of the trust has been maintained during the four years prior to the suit. For suits involving corporate or multiple trustees, H.B. 2317 expands venue to include any county where the situs of administration of the trust has been maintained during the four years prior to the suit. RUKEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 115.002, Property Code, as follows: Sec. 115.002. VENUE. (b) Requires an action concerning a trust with a single, noncorporate trustee, to be brought in the county in which the trustee resides or has resided, or the situs of administration of a trust is maintained or has been maintained, at any time during the four-year period preceding the date an action is filed. Makes conforming changes. (c) Requires that an action be brought in the county in which the situs of administration, rather than the principal office, of a trust with multiple trustees or a corporate trustee is maintained or has been maintained at any time during the four-year period preceding the date the action is filed, provided that an action may be brought against a corporate trustee maintaining its principal office in the county. (d) Authorizes a court, for just and reasonable cause, to transfer an action between counties of proper venue on motion of a defendant, a joined party, or an intervening party, according to certain specified provisions concerning the timing of motions filed by various parties. (e) Authorizes the court to transfer an action from a county of proper venue to any other county on joint agreement by all parties. (f) Defines "corporate trustee," "principal office," and "situs of administration" for the purposes of this section. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.