Tex. Property Code § 112.085
This is the official text of Tex. Property Code § 112.085, part of Texas’s Property Code — governs real property, landlord-tenant law, and property transactions.
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§ 112.085. EXCEPTIONS TO POWER OF DISTRIBUTION.
Official statutory text
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.
(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.
Status: in_force · Read it on the official government site
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