Section 112.085 - Exceptions to Power of Distribution 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.Tex. Prop. Code § 112.085
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 62,Sec. 11, eff. 9/1/2017.Added by Acts 2013, 83rd Leg. - Regular Session, ch. 699,Sec. 3, eff. 9/1/2013. See Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 62, Sec. 17.