Tex. Est. Code § 1161.008 · Subchapter A. GENERAL PROVISIONS
LIABILITY OF GUARDIAN AND GUARDIAN'S SURETY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In addition to any other remedy authorized by law, if the guardian of the estate fails to invest or lend estate assets in the manner provided by this chapter, the guardian and the guardian's surety are liable for the principal and the greater of:
(1) the highest legal rate of interest on the principal during the period the guardian failed to invest or lend the assets; or
(2) the overall return that would have been made on the principal if the principal were invested in the manner provided by this chapter.
(b) In addition to the liability under Subsection (a), the guardian and the guardian's surety are liable for attorney's fees, litigation expenses, and costs related to a proceeding brought to enforce this section.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1161.htm
- Text hash
- sha256 bb71a4805a6f72725cf659d996a3da82e31c263d744c3d8f1efc6fe1d0b8d3d2
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.