Tex. Prop. Code § 112.085 · Subchapter D. DISTRIBUTION OF TRUST PRINCIPAL IN FURTHER TRUST
EXCEPTIONS TO POWER OF DISTRIBUTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
An authorized trustee may not exercise a power to distribute principal of a trust under Section 112.072 or 112.073 to:
(1) reduce, limit, or modify a beneficiary's current, vested right to:
(A) receive a mandatory distribution of income or principal;
(B) receive a mandatory annuity or unitrust interest;
(C) withdraw a percentage of the value of the trust; or
(D) withdraw a specified dollar amount from the trust;
(2) materially limit a trustee's fiduciary duty:
(A) under the terms of the trust; or
(B) in a manner that would be prohibited by Section 111.0035;
(3) decrease or indemnify against a trustee's liability;
(4) add a provision exonerating a trustee from liability for failure to exercise reasonable care, diligence, and prudence;
(5) eliminate a provision granting another person the right to remove or replace the authorized trustee exercising the distribution power under Section 112.072 or 112.073; or
(6) reduce, limit, or modify in the second trust a perpetuities provision included in the first trust, unless expressly permitted by the terms of the first trust.
Notes and commentary — not statutory text
History
Added by Acts 2013, 83rd Leg., R.S., Ch. 699 (H.B. 2913), Sec. 3, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 62 (S.B. 617), Sec. 11, 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/PR/htm/PR.112.htm
- Text hash
- sha256 0e8f161a0d02900657ff23acb3b14db4c5d87d386c37fb07d3a49cd1a3d7c8b5
- 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.
Property Code
- Tex. Prop. Code § 111.0035DEFAULT AND MANDATORY RULES; CONFLICT BETWEEN TERMS AND STATUTE.Printed as Section 111.0035
- Tex. Prop. Code § 112.072DISTRIBUTION TO SECOND TRUST: TRUSTEE WITH FULL DISCRETION.Printed as Section 112.072 or 112.073
- Tex. Prop. Code § 112.073DISTRIBUTION TO SECOND TRUST: TRUSTEE WITH LIMITED DISCRETION.Printed as Section 112.072 or 112.073
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.