Tex. Est. Code § 751.033 · Subchapter A-2. AUTHORITY OF AGENT UNDER DURABLE POWER OF ATTORNEY
AUTHORITY TO CREATE OR CHANGE CERTAIN BENEFICIARY DESIGNATIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Unless the durable power of attorney otherwise provides, and except as provided by Section 751.031(c), authority granted to an agent under Section 751.031(b)(4) empowers the agent to:
(1) create or change a beneficiary designation under an account, contract, or another arrangement that authorizes the principal to designate a beneficiary, including an insurance or annuity contract, a qualified or nonqualified retirement plan, including a retirement plan as defined by Section 752.113, an employment agreement, including a deferred compensation agreement, and a residency agreement;
(2) enter into or change a P.O.D. account or trust account under Chapter 113; or
(3) create or change a nontestamentary payment or transfer under Chapter 111.
(b) If an agent is granted authority under Section 751.031(b)(4) and the durable power of attorney grants the authority to the agent described in Section 752.108 or 752.113, then, unless the power of attorney otherwise provides, the authority of the agent to designate the agent as a beneficiary is not subject to the limitations prescribed by Sections 752.108(b) and 752.113(c).
(c) If an agent is not granted authority under Section 751.031(b)(4) but the durable power of attorney grants the authority to the agent described in Section 752.108 or 752.113, then, unless the power of attorney otherwise provides and notwithstanding Section 751.031, the agent's authority to designate the agent as a beneficiary is subject to the limitations prescribed by Sections 752.108(b) and 752.113(c).
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 3, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.751.htm
- Text hash
- sha256 00868dcf1b91befc6e77f97b1b2161f79674c754fdda9b15500720e65c6cede5
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Estates Code
- Tex. Est. Code ch. 113MULTIPLE-PARTY ACCOUNTSPrinted as Chapter 113
- Tex. Est. Code § 751.031GRANTS OF AUTHORITY IN GENERAL AND CERTAIN LIMITATIONS.Printed as Section 751.031 | Section 751.031(b)(4) | Section 751.031(c)
- Tex. Est. Code § 752.108INSURANCE AND ANNUITY TRANSACTIONS.Printed as Section 752.108 or 752.113 | Sections 752.108(b) and 752.113(c)
- Tex. Est. Code § 752.113RETIREMENT PLAN TRANSACTIONS.Printed as Section 752.108 or 752.113 | Section 752.113 | Sections 752.108(b) and 752.113(c)
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.