Section 111.0035 - 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.