Tex. Prop. Code § 113.082 : PROPERTY CODE — TRUSTS — TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS — ADMINISTRATION — RESIGNATION OR REMOVAL OF TRUSTEE, AND AUTHORITY OF MULTIPLE AND SUCCESSOR TRUSTEES — Removal of Trustee

(a) A trustee may be removed in accordance with the terms of the trust instrument, or, on the petition of an interested person and after hearing, a court may, in its discretion, remove a trustee and deny part or all of the trustee's compensation if:
(1) the trustee materially violated or attempted to violate the terms of the trust and the violation or attempted violation results in a material financial loss to the trust;
(2) the trustee becomes incapacitated or insolvent;
(3) the trustee fails to make an accounting that is required by law or by the terms of the trust; or
(4) the court finds other cause for removal.
(b) A beneficiary, cotrustee, or successor trustee may treat a violation resulting in removal as a breach of trust.
(c) A trustee of a charitable trust may not be removed solely on the grounds that the trustee exercised the trustee's power to adjust between principal and income under Section 113.0211.

Tex. Prop. Code § 113.082

Amended By Acts 2005, 79th Leg., Ch. 148, Sec. 16, eff. 1/1/2006.
Amended by Acts 2003, 78th Leg., ch. 550, Sec. 2, eff. 9/1/2003.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. 1/1/1984.
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