Tex. Prop. Code § 114.007 · Subchapter A. LIABILITY OF TRUSTEE
EXCULPATION OF TRUSTEE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term relieves a trustee of liability for:
(1) a breach of trust committed:
(A) in bad faith;
(B) intentionally; or
(C) with reckless indifference to the interest of a beneficiary; or
(2) any profit derived by the trustee from a breach of trust.
(b) A term in a trust instrument relieving the trustee of liability for a breach of trust is ineffective to the extent that the term is inserted in the trust instrument as a result of an abuse by the trustee of a fiduciary duty to or confidential relationship with the settlor.
(c) This section applies only to a term of a trust that may otherwise relieve a trustee from liability for a breach of trust. Except as provided in Section 111.0035, this section does not prohibit the settlor, by the terms of the trust, from expressly:
(1) relieving the trustee from a duty or restriction imposed by this subtitle or by common law; or
(2) directing or permitting the trustee to do or not to do an action that would otherwise violate a duty or restriction imposed by this subtitle or by common law.
Notes and commentary — not statutory text
History
Added by Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 21, eff. January 1, 2006.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.114.htm
- Text hash
- sha256 83d56753f296e547e774bcfad77fdc96c94f0dc170260c1de65d628dfd3bbd87
- 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
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