reglab/housing_qa huggingface dataset:
TX Prop § 123.003 (2021)
2021 Texas Statutes|Property Code|Title 9 - Trusts|Subtitle C - Miscellaneous Trusts|Chapter 123 - Attorney General Participation in Proceedings Involving Charitable Trusts|Section 123.003. Notice

Sec. 123.003.  NOTICE.  (a)  Any party initiating a proceeding involving a charitable trust shall give notice of the proceeding to the attorney general by sending to the attorney general, by registered or certified mail, a true copy of the petition or other instrument initiating the proceeding involving a charitable trust within 30 days of the filing of such petition or other instrument, but no less than 25 days prior to a hearing in such a proceeding.  This subsection does not apply to a proceeding that is initiated by an application that exclusively seeks the admission of a will to probate, regardless of whether the application seeks the appointment of a personal representative, if the application:(1)  is uncontested; and(2)  is not subject to Subchapter C, Chapter 256, Estates Code.(b)  Notice shall be given to the attorney general of any pleading which adds new causes of action or additional parties to a proceeding involving a charitable trust in which the attorney general has previously waived participation or in which the attorney general has otherwise failed to intervene.  Notice shall be given by sending to the attorney general by registered or certified mail a true copy of the pleading within 30 days of the filing of the pleading, but no less than 25 days prior to a hearing in the proceeding.(c)  The party or the party's attorney shall execute and file in the proceeding an affidavit stating the facts of the notice and shall attach to the affidavit the customary postal receipts signed by the attorney general or an assistant attorney general.|Added by Acts 1987, 70th Leg., ch. 147, Sec. 4, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 172, Sec. 3, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1017 (H.B. 934), Sec. 1, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564), Sec. 15, eff. September 1, 2007.Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.061, eff. September 1, 2017.|
TX Prop § 123.004 (2021)
2021 Texas Statutes|Property Code|Title 9 - Trusts|Subtitle C - Miscellaneous Trusts|Chapter 123 - Attorney General Participation in Proceedings Involving Charitable Trusts|Section 123.004. Voidable Judgment or Agreement

Sec. 123.004.  VOIDABLE JUDGMENT OR AGREEMENT.  (a)  A judgment in a proceeding involving a charitable trust is voidable if the attorney general is not given notice of the proceeding as required by this chapter.  On motion of the attorney general after the judgment is rendered, the judgment shall be set aside.(b)  A compromise, settlement agreement, contract, or judgment relating to a proceeding involving a charitable trust is voidable on motion of the attorney general if the attorney general is not given notice as required by this chapter unless the attorney general has:(1)  declined in writing to be a party to the proceeding;  or(2)  approved and joined in the compromise, settlement agreement, contract, or judgment.|Added by Acts 1987, 70th Leg., ch. 147, Sec. 4, eff. Sept. 1, 1987.|
TX Prop § 123.005 (2021)
2021 Texas Statutes|Property Code|Title 9 - Trusts|Subtitle C - Miscellaneous Trusts|Chapter 123 - Attorney General Participation in Proceedings Involving Charitable Trusts|Section 123.005. Breach of Fiduciary Duty: Venue; Jurisdiction

Sec. 123.005.  BREACH OF FIDUCIARY DUTY: VENUE; JURISDICTION.  (a)  Venue in a proceeding brought by the attorney general alleging breach of a fiduciary duty by a charitable entity or a fiduciary or managerial agent of a charitable trust shall be a court of competent jurisdiction in Travis County or in the county where the defendant resides or has its principal office.  To the extent of a conflict between this subsection and any provision of the Estates Code providing for venue of a proceeding brought with respect to a charitable trust created by a will that has been admitted to probate, this subsection controls.(b)  A statutory probate court of Travis County has concurrent jurisdiction with any other court on which jurisdiction is conferred by Section 32.001, Estates Code, in a proceeding brought by the attorney general alleging breach of a fiduciary duty with respect to a charitable trust created by a will that has been admitted to probate.|Added by Acts 1987, 70th Leg., ch. 147, Sec. 4, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 172, Sec. 4, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 133 (S.B. 918), Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 12(g), eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 401 (S.B. 587), Sec. 1, eff. June 17, 2011.Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.062, eff. September 1, 2017.|
TX Prop § 123.006 (2021)
2021 Texas Statutes|Property Code|Title 9 - Trusts|Subtitle C - Miscellaneous Trusts|Chapter 123 - Attorney General Participation in Proceedings Involving Charitable Trusts|Section 123.006. Attorney's Fees

Sec. 123.006.  ATTORNEY'S FEES.  (a)  In a proceeding subject to Section 123.005, the attorney general, if successful in the proceeding, is entitled to recover from the charitable entity or fiduciary or managerial agent of the charitable trust actual costs incurred in bringing the suit and may recover reasonable attorney's fees.(b)  In a proceeding in which the attorney general intervenes under this chapter, other than a proceeding subject to Section 123.005, a court may award the attorney general court costs and reasonable and necessary attorney's fees as may seem equitable and just.|Added by Acts 2009, 81st Leg., R.S., Ch. 133 (S.B. 918), Sec. 2, eff. September 1, 2009.|
TX Prop § 124.001 (2021)
2021 Texas Statutes|Property Code|Title 9 - Trusts|Subtitle C - Miscellaneous Trusts|Chapter 124 - Partition of Mineral Interests of Charitable Trust|Section 124.001. Definitions

Sec. 124.001.  DEFINITIONS.  In this chapter:(1)  "Charitable entity" means a corporation, trust, community chest, fund, foundation, or other entity organized for scientific, educational, philanthropic, or environmental purposes, social welfare, the arts and humanities, or another civic or public purpose described by Section 501(c)(3), Internal Revenue Code of 1986.(2)  "Charitable trust" means a charitable entity, a trust the stated purpose of which is to benefit a charitable entity, or an inter vivos or testamentary gift to a charitable entity.(3)  "Mineral interest" means an interest in oil, gas, or other mineral substance in place or that otherwise constitutes real property without regard to the depth at which such mineral substance is found.|Added by Acts 2013, 83rd Leg., R.S., Ch. 480 (S.B. 1240), Sec. 1, eff. June 14, 2013.|
TX Prop § 124.002 (2021)
2021 Texas Statutes|Property Code|Title 9 - Trusts|Subtitle C - Miscellaneous Trusts|Chapter 124 - Partition of Mineral Interests of Charitable Trust|Section 124.002. Compulsory Divestment Prohibited

Sec. 124.002.  COMPULSORY DIVESTMENT PROHIBITED.  In a suit or other judicial proceeding the object or effect of which is to compel the partition of a mineral interest owned or claimed by a charitable trust, a sale or other action that would divest the charitable trust of the trust's ownership of a mineral interest may not be ordered unless the trust has refused to execute a mineral lease, the terms of which are fair and reasonable, to the plaintiff or petitioner in the proceeding.|Added by Acts 2013, 83rd Leg., R.S., Ch. 480 (S.B. 1240), Sec. 1, eff. June 14, 2013.|
TX Prop § 141.001 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 141 - Transfers to Minors|Section 141.001. Short Title

Sec. 141.001.  SHORT TITLE.  This chapter may be cited as the Texas Uniform Transfers to Minors Act.|Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 1 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.|
TX Prop § 141.002 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 141 - Transfers to Minors|Section 141.002. Definitions

Sec. 141.002.  DEFINITIONS.  In this chapter:(1)  "Adult" means an individual who is at least 21 years of age.(2)  "Benefit plan" means a retirement plan, including an interest described by Sections 111.004(19)-(23).(3)  "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of another.(4)  "Court" means a court with original probate jurisdiction.(5)  "Custodial property" means:(A)  any interest in property transferred to a custodian under this chapter;  and(B)  the income from and proceeds of that interest in property.(6)  "Custodian" means a person designated as a custodian under Section 141.010 or a successor or substitute custodian designated under Section 141.019.(7)  "Financial institution" means a bank, trust company, savings institution, or credit union chartered and supervised under state or federal law.(8)  "Guardian" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.(9)  "Legal representative" means an executor, independent executor, administrator or independent administrator of a decedent's estate, an obligor under a benefit plan or other governing instrument, a successor legal representative, or a person legally authorized to perform substantially the same functions.(10)  "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of whole or half blood or by adoption.(11)  "Minor" means an individual who is younger than 21 years of age.(12)  "Transfer" means a transaction that creates custodial property under Section 141.010.(12-a)  "Qualified minor's trust" means a trust to which a gift is considered a present interest under Section 2503(c), Internal Revenue Code of 1986.(13)  "Transferor" means a person who makes a transfer under this chapter.(14)  "Trust company" means a financial institution, corporation, or other legal entity authorized to exercise general trust powers.|Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 2 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564), Sec. 16, eff. September 1, 2007.|
TX Prop § 141.003 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 141 - Transfers to Minors|Section 141.003. Scope and Jurisdiction

Sec. 141.003.  SCOPE AND JURISDICTION.  (a)  This chapter applies to a transfer that refers to the Texas Uniform Transfers to Minors Act in the designation under Section 141.010(a) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state.  The custodianship created under Section 141.010 remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian or the removal of custodial property from this state.(b)  A person designated as custodian under this chapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.(c)  A transfer that purports to be made and that is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.|Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 3 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.|
TX Prop § 141.004 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 141 - Transfers to Minors|Section 141.004. Nomination of Custodian

Sec. 141.004.  NOMINATION OF CUSTODIAN.  (a)  A person having the right to designate the recipient of property transferable on the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary on the occurrence of that event by naming the custodian followed in substance by the words: "as custodian for       (name of minor)       under the Texas Uniform Transfers to Minors Act."   The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve.  The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights, including the right to receive payments from a benefit plan, that is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.(b)  A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under Section 141.010(a).(c)  The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Section 141.010.  Unless the nomination of a custodian has been revoked, the custodianship becomes effective on the occurrence of the future event, and the custodian shall enforce a transfer of the custodial property under Section 141.010.|Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 4 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564), Sec. 17, eff. September 1, 2007.|
TX Prop § 141.005 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 141 - Transfers to Minors|Section 141.005. Transfer by Gift or Exercise of Power of Appointment

Sec. 141.005.  TRANSFER BY GIFT OR EXERCISE OF POWER OF APPOINTMENT.  A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor under Section 141.010.|Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.|
TX Prop § 141.006 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 141 - Transfers to Minors|Section 141.006. Transfer Authorized by Will or Trust

Sec. 141.006.  TRANSFER AUTHORIZED BY WILL OR TRUST.  (a)  A legal representative or trustee may make an irrevocable transfer under Section 141.010 to a custodian for a minor's benefit as authorized in the governing will or trust.(b)  If the testator or settlor has nominated a custodian under Section 141.004 to receive the custodial property, the transfer must be made to that person.(c)  If the testator or settlor has not nominated a custodian under Section 141.004, or all persons nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the legal representative or the trustee shall designate the custodian from among those persons eligible to serve as custodian for property of that kind under Section 141.010(a).|Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 6 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.|
TX Prop § 141.007 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 141 - Transfers to Minors|Section 141.007. Other Transfer by Fiduciary

Sec. 141.007.  OTHER TRANSFER BY FIDUCIARY.  (a)  Subject to Subsections (b) and (c), a guardian, legal representative, or trustee may make an irrevocable transfer to another adult or trust company as custodian for a minor's benefit under Section 141.010 in the absence of a will or under a will or trust that does not contain an authorization to do so.(b)  With the approval of the court supervising the guardianship, a guardian may make an irrevocable transfer to another adult or trust company as custodian for the minor's benefit under Section 141.010.(c)  A transfer under Subsection (a) or (b) may be made only if:(1)  the legal representative or trustee considers the transfer to be in the best interest of the minor;(2)  the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and(3)  the transfer is authorized by the court if it exceeds $25,000 in value.|Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 7 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 622 (S.B. 1202), Sec. 1, eff. September 1, 2015.|
TX Prop § 141.008 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 141 - Transfers to Minors|Section 141.008. Transfer by Obligor

Sec. 141.008.  TRANSFER BY OBLIGOR.  (a)  Subject to Subsections (b) and (c), a person who is not subject to Section 141.006 or 141.007 and who holds property, including a benefit plan of a minor who does not have a guardian, or who owes a liquidated debt to a minor who does not have a guardian may make an irrevocable transfer to a custodian for the benefit of the minor under Section 141.010.(b)  If a person who has the right to nominate a custodian under Section 141.004 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.(c)  If a custodian has not been nominated under Section 141.004, or all persons nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $25,000 in value.|Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 8 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564), Sec. 18, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 622 (S.B. 1202), Sec. 2, eff. September 1, 2015.|
TX Prop § 141.009 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 141 - Transfers to Minors|Section 141.009. Receipt for Custodial Property

Sec. 141.009.  RECEIPT FOR CUSTODIAL PROPERTY.  A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian under this chapter.|Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 9 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.|
TX Prop § 141.011 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 141 - Transfers to Minors|Section 141.011. Single Custodianship

Sec. 141.011.  SINGLE CUSTODIANSHIP.  A transfer may be made only for one minor, and only one person may be the custodian.  All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.|Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 11 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.|
TX Prop § 141.012 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 141 - Transfers to Minors|Section 141.012. Validity and Effect of Transfer

Sec. 141.012.  VALIDITY AND EFFECT OF TRANSFER.  (a)  The validity of a transfer made in a manner prescribed by this chapter is not affected by the:(1)  transferor's failure to comply with Section 141.010(c) concerning possession and control;(2)  designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under Section 141.010(a);  or(3)  death or incapacity of a person nominated under Section 141.004 or designated under Section 141.010 as custodian or the disclaimer of the office by that person.(b)  A transfer made under Section 141.010 is irrevocable, and the custodial property is indefeasibly vested in the minor.  The custodian has all the rights, powers, duties, and authority provided in this chapter, and the minor or the minor's legal representative does not have any right, power, duty, or authority with respect to the custodial property except as provided by this chapter.(c)  By making a transfer, the transferor incorporates all the provisions of this chapter in the disposition and grants to the custodian, or to any third person dealing with a person designated as custodian, the respective powers, rights and immunities provided by this chapter.|Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 12 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.|