Tex. Prop. Code § 113.028 · Subchapter A. POWERS OF TRUSTEE
CERTAIN CLAIMS AND CAUSES OF ACTION PROHIBITED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A trustee may not prosecute or assert a claim for damages in a cause of action against a party who is not a beneficiary of the trust if each beneficiary of the trust provides written notice to the trustee of the beneficiary's opposition to the trustee's prosecuting or asserting the claim in the cause of action.
(b) This section does not apply to a cause of action that is prosecuted by a trustee in the trustee's individual capacity.
(c) The trustee is not liable for failing to prosecute or assert a claim in a cause of action if prohibited by the beneficiaries under Subsection (a).
Notes and commentary — not statutory text
History
Added by Acts 2005, 79th Leg., Ch. 765 (H.B. 3434), Sec. 3, eff. June 17, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.113.htm
- Text hash
- sha256 e49b9da106c51a1ae6b0187ac780e5c78c10444eb2de5432110ff274f0732b21
- 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.