Tex. Prop. Code § 111.0035 : PROPERTY CODE — TRUSTS — TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS — GENERAL PROVISIONS — Default and Mandatory Rules; Conflict Between Terms and Statute

(a) Except as provided by the terms of a trust and Subsection (b), this subtitle governs:
(1) the duties and powers of a trustee;
(2) relations among trustees; and
(3) the rights and interests of a beneficiary.
(b) The terms of a trust prevail over any provision of this subtitle, except that the terms of a trust may not limit:
(1) the requirements imposed under Section 112.031;
(2) the applicability of Section 114.007 to an exculpation term of a trust;
(3) the periods of limitation for commencing a judicial proceeding regarding a trust;
(4) a trustee's duty:
(A) with regard to an irrevocable trust, to respond to a demand for accounting made under Section 113.151 if the demand is from a beneficiary who, at the time of the demand:
(i) is entitled or permitted to receive distributions from the trust; or
(ii) would receive a distribution from the trust if the trust terminated at the time of the demand; and
(B) to act in good faith and in accordance with the purposes of the trust;
(5) the power of a court, in the interest of justice, to take action or exercise jurisdiction, including the power to:
(A) modify, reform, or terminate a trust or take other action under Section 112.054;
(B) remove a trustee under Section 113.082;
(C) exercise jurisdiction under Section 115.001;
(D) require, dispense with, modify, or terminate a trustee's bond;
(E) adjust, deny, or order disgorgement of a trustee's compensation if the trustee commits a breach of trust; or
(F) make an award of costs and attorney's fees under Section 114.064; or
(6) the applicability of Section 112.038.
(c) The terms of a trust may not limit any common-law duty to keep a beneficiary of an irrevocable trust who is 25 years of age or older informed at any time during which the beneficiary:
(1) is entitled or permitted to receive distributions from the trust; or
(2) would receive a distribution from the trust if the trust were terminated.

Tex. Prop. Code § 111.0035

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1112,Sec. 1, eff. 9/1/2019.
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 62,Sec. 1, eff. 9/1/2017.
Amended By Acts 2009, 81st Leg., R.S., Ch. 414, Sec. 2, eff. 6/19/2009.
Amended By Acts 2007, 80th Leg., R.S., Ch. 451, Sec. 2, eff. 6/16/2007.
Added by Acts 2005, 79th Leg., Ch. 148, Sec. 2, eff. 1/1/2006.
See Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1112, Sec. 9.
See Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 62, Sec. 17.
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