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Tex. Property Code § 113.028

This is the official text of Tex. Property Code § 113.028, part of Texas’s Property Code — governs real property, landlord-tenant law, and property transactions.

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§ 113.028. CERTAIN CLAIMS AND CAUSES OF ACTION PROHIBITED.

Official statutory text

(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).

Status: in_force · Read it on the official government site

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