reglab/housing_qa huggingface dataset:
TX Prop § 142.010 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 142 - Management of Property Recovered in Suit by a Next Friend or Guardian Ad Litem|Section 142.010. Transfer of Trust Property to a Pooled Trust Subaccount

Sec. 142.010.  TRANSFER OF TRUST PROPERTY TO A POOLED TRUST SUBACCOUNT.  (a)  In this section, "management trust" means a trust created for a beneficiary in accordance with Section 142.005.(b)  If the court with continuing jurisdiction over a management trust determines that it is in the best interests of the beneficiary for whom the management trust is created, the court may order the transfer of all property in the management trust to a pooled trust subaccount established in accordance with Chapter 143.(c)  For purposes of a proceeding to determine whether to transfer property from a management trust to a pooled trust subaccount, the court may, but is not required to, appoint an attorney ad litem or guardian ad litem to represent the interests of a management trust beneficiary who has a physical disability and is not an incapacitated person.  The attorney ad litem or the guardian ad litem is entitled to a reasonable fee and reimbursement of expenses to be paid from the management trust property.(d)  The transfer of property from the management trust to the pooled trust subaccount shall be treated as a continuation of the management trust and may not be treated as the establishment of a new trust for purposes of 42 U.S.C. Section 1396p(d)(4)(A) or (C) or otherwise for purposes of the management trust beneficiary's eligibility for medical assistance under Chapter 32, Human Resources Code.(e)  The court may not allow termination of the management trust from which property is transferred under this section until all of the property in the management trust has been transferred to the pooled trust subaccount.|Added by Acts 2019, 86th Leg., R.S., Ch. 1112 (H.B. 2245), Sec. 7, eff. September 1, 2019.|
TX Prop § 143.001 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 143 - Pooled Trust Subaccounts|Section 143.001. Definitions

Sec. 143.001.  DEFINITIONS.  In this chapter:(1)  "Beneficiary" means a person for whose benefit a subaccount is established.(2)  "Incapacitated person" has the meaning assigned by Section 142.007.(3)  "Medical assistance" means benefits and services under the medical assistance program administered under Chapter 32, Human Resources Code.(4)  "Pooled trust" means a trust that meets the requirements of 42 U.S.C. Section 1396p(d)(4)(C) for purposes of exempting the trust from the applicability of 42 U.S.C. Section 1396p(d) in determining the eligibility of a person who is disabled for medical assistance.(5)  "Subaccount" means an account in a pooled trust established under this chapter.|Added by Acts 2019, 86th Leg., R.S., Ch. 1112 (H.B. 2245), Sec. 8, eff. September 1, 2019.|
TX Prop § 143.002 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 143 - Pooled Trust Subaccounts|Section 143.002. Application to Establish Subaccount

Sec. 143.002.  APPLICATION TO ESTABLISH SUBACCOUNT.  The following persons may apply to the court having jurisdiction under Section 142.005 for the establishment of a subaccount solely for the benefit of a proposed beneficiary who is a person for whom a management trust has been or could be established for the person's benefit under Section 142.005:(1)  the trustee of a management trust established under Section 142.005 for the benefit of the proposed beneficiary of the subaccount;(2)  the guardian of the person or estate, or both, of the proposed beneficiary of the subaccount;(3)  a person who has filed an application for the appointment of a guardian of the person or estate, or both, for the proposed beneficiary of the subaccount;(4)  an attorney ad litem or guardian ad litem appointed to represent the proposed beneficiary of the subaccount; or(5)  the proposed beneficiary, if the proposed beneficiary is not a minor or incapacitated person.|Added by Acts 2019, 86th Leg., R.S., Ch. 1112 (H.B. 2245), Sec. 8, eff. September 1, 2019.|
TX Prop § 143.003 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 143 - Pooled Trust Subaccounts|Section 143.003. Appointment of Attorney Ad Litem

Sec. 143.003.  APPOINTMENT OF ATTORNEY AD LITEM.  (a)  The court shall appoint an attorney ad litem for a person who is a minor or an incapacitated person and who is the subject of an application under Section 143.002.(b)  The attorney ad litem is entitled to a reasonable fee and reimbursement of expenses to be paid from the person's property.|Added by Acts 2019, 86th Leg., R.S., Ch. 1112 (H.B. 2245), Sec. 8, eff. September 1, 2019.|
TX Prop § 143.004 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 143 - Pooled Trust Subaccounts|Section 143.004. Establishment of Subaccount

Sec. 143.004.  ESTABLISHMENT OF SUBACCOUNT.  If the court finds that it is in the best interests of a person who is the subject of an application under Section 143.002, the court may order:(1)  the establishment of a subaccount of which the person is the beneficiary;  and(2)  the transfer to the subaccount of any of the person's property on hand or accruing to the person.|Added by Acts 2019, 86th Leg., R.S., Ch. 1112 (H.B. 2245), Sec. 8, eff. September 1, 2019.|
TX Prop § 143.005 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 143 - Pooled Trust Subaccounts|Section 143.005. Terms of Subaccount

Sec. 143.005.  TERMS OF SUBACCOUNT.  Unless the court orders otherwise, the terms governing the subaccount must provide that:(1)  the subaccount terminates on the earliest of the date of:(A)  the beneficiary's 18th birthday, if the beneficiary:(i)  is not found by the court to be considered disabled for purposes of 42 U.S.C. Chapter 7, Subchapter XVI; and(ii)  is a minor at the time the subaccount is established;(B)  the beneficiary's death;  or(C)  a court order terminating the subaccount;  and(2)  on termination, any property remaining in the beneficiary's subaccount after making any required payments to satisfy the amounts of medical assistance reimbursement claims for medical assistance provided to the beneficiary under this state's medical assistance program and other states' medical assistance programs shall be distributed to:(A)  the beneficiary, if on the date of termination the beneficiary is living and is not a minor or incapacitated person;(B)  the beneficiary's guardian of the estate, if on the date of termination the beneficiary is living and is a minor or incapacitated person; or(C)  the personal representative of the beneficiary's estate, if on the date of termination the beneficiary is deceased.|Added by Acts 2019, 86th Leg., R.S., Ch. 1112 (H.B. 2245), Sec. 8, eff. September 1, 2019.|
TX Prop § 143.006 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 143 - Pooled Trust Subaccounts|Section 143.006. Fees and Reporting

Sec. 143.006.  FEES AND REPORTING.  (a)  The manager or trustee of a pooled trust may:(1)  assess fees against a subaccount of that pooled trust that is established under this chapter, in accordance with the manager's or trustee's standard fee structure; and(2)  pay fees assessed under Subdivision (1) from the subaccount.(b)  If required by the court, the manager or trustee of the pooled trust shall file a copy of the annual report of account with the court clerk.|Added by Acts 2019, 86th Leg., R.S., Ch. 1112 (H.B. 2245), Sec. 8, eff. September 1, 2019.|
TX Prop § 143.007 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle A - Persons Under Disability|Chapter 143 - Pooled Trust Subaccounts|Section 143.007. Jurisdiction Exclusive

Sec. 143.007.  JURISDICTION EXCLUSIVE.  Notwithstanding any other law, the court that orders the establishment of a subaccount for a beneficiary has exclusive jurisdiction of a subsequent proceeding or action that relates to both the beneficiary and the subaccount, and the proceeding or action may be brought only in that court.|Added by Acts 2019, 86th Leg., R.S., Ch. 1112 (H.B. 2245), Sec. 8, eff. September 1, 2019.|
TX Prop § 163.001 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle B - Fiduciaries|Chapter 163 - Management, Investment, and Expenditure of Institutional Funds|Section 163.001. Short Title

Sec. 163.001.  SHORT TITLE.  This chapter may be cited as the Uniform Prudent Management of Institutional Funds Act.|Added by Acts 1989, 71st Leg., ch. 213, Sec. 1, eff. May 26, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 834 (H.B. 860), Sec. 1, eff. September 1, 2007.|
TX Prop § 163.002 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle B - Fiduciaries|Chapter 163 - Management, Investment, and Expenditure of Institutional Funds|Section 163.002. Legislative Findings and Purpose

Sec. 163.002.  LEGISLATIVE FINDINGS AND PURPOSE.  (a)  The legislature finds that:(1)  institutions organized and operated exclusively for a charitable purpose perform essential and needed services in the state;(2)  uncertainty exists regarding the prudence standards for the management and investment of charitable funds and for endowment spending by institutions described by Subdivision (1); and(3)  the institutions, their officers, directors, and trustees, and the citizens of this state will benefit from removal of the uncertainty regarding applicable prudence standards and by permitting endowment funds to be invested for the long-term goals of achieving growth and maintaining purchasing power without adversely affecting the availability of funds for current expenditure.(b)  The purpose of this chapter is to provide guidance and authority through modern articulations of prudence standards for the management and investment of charitable funds and for endowment spending by institutions organized and operated exclusively for a charitable purpose in order to provide uniformity and remove uncertainty regarding those standards.|Added by Acts 1989, 71st Leg., ch. 213, Sec. 1, eff. May 26, 1989.  Amended by Acts 1993, 73rd Leg., ch. 240, Sec. 1, eff. May 22, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 834 (H.B. 860), Sec. 1, eff. September 1, 2007.|
TX Prop § 163.003 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle B - Fiduciaries|Chapter 163 - Management, Investment, and Expenditure of Institutional Funds|Section 163.003. Definitions

Sec. 163.003.  DEFINITIONS.  In this chapter:(1)  "Charitable purpose" means the promotion of a scientific, educational, philanthropic, or environmental purpose, social welfare, the arts and humanities, or another civic or public purpose described by Section 501(c)(3) of the Internal Revenue Code of 1986.(2)  "Endowment fund" means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis.  The term does not include assets that an institution designates as an endowment fund for its own use.(3)  "Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.(4)  "Institution" means:(A)  a person, other than an individual, organized and operated exclusively for charitable purposes;(B)  a government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and(C)  a trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.(5)  "Institutional fund" means a fund held by an institution exclusively for charitable purposes. The term does not include:(A)  program-related assets;(B)  a fund held for an institution by a trustee that is not an institution; or(C)  a fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.(6)  "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.(7)  "Program-related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.(8)  "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.|Added by Acts 1989, 71st Leg., ch. 213, Sec. 1, eff. May 26, 1989.  Amended by Acts 1993, 73rd Leg., ch. 240, Sec. 2, eff. May 22, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 834 (H.B. 860), Sec. 1, eff. September 1, 2007.|
TX Prop § 163.006 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle B - Fiduciaries|Chapter 163 - Management, Investment, and Expenditure of Institutional Funds|Section 163.006. Delegation of Management and Investment Functions

Sec. 163.006.  DELEGATION OF MANAGEMENT AND INVESTMENT FUNCTIONS.  (a)  Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:(1)  selecting an agent;(2)  establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and(3)  periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.(b)  In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.(c)  An institution that complies with Subsection (a) is not liable for the decisions or actions of an agent to which the function was delegated.(d)  By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.(e)  An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this state other than this chapter.|Added by Acts 1989, 71st Leg., ch. 213, Sec. 1, eff. May 26, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 834 (H.B. 860), Sec. 1, eff. September 1, 2007.|
TX Prop § 163.007 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle B - Fiduciaries|Chapter 163 - Management, Investment, and Expenditure of Institutional Funds|Section 163.007. Release or Modification of Restrictions on Management, Investment, or Purpose

Sec. 163.007.  RELEASE OR MODIFICATION OF RESTRICTIONS ON MANAGEMENT, INVESTMENT, OR PURPOSE.  (a)  If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.(b)  The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund.  Chapter 123 applies to a proceeding under this subsection.  To the extent practicable, any modification must be made in accordance with the donor's probable intention.(c)  If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument.  Chapter 123 applies to a proceeding under this subsection.(d)  If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after receipt of notice by the attorney general, may release or modify the restriction, in whole or part, if:(1)  the institutional fund subject to the restriction has a total value of less than $25,000;(2)  more than 20 years have elapsed since the fund was established; and(3)  the institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.(e)  The notification to the attorney general under Subsection (d) must be accompanied by a copy of the gift instrument and a statement of facts sufficient to evidence compliance with Subsections (d)(1), (2), and (3).|Added by Acts 1989, 71st Leg., ch. 213, Sec. 1, eff. May 26, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 834 (H.B. 860), Sec. 1, eff. September 1, 2007.|
TX Prop § 163.008 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle B - Fiduciaries|Chapter 163 - Management, Investment, and Expenditure of Institutional Funds|Section 163.008. Reviewing Compliance

Sec. 163.008.  REVIEWING COMPLIANCE.  Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.|Added by Acts 1989, 71st Leg., ch. 213, Sec. 1, eff. May 26, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 834 (H.B. 860), Sec. 1, eff. September 1, 2007.|
TX Prop § 163.009 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle B - Fiduciaries|Chapter 163 - Management, Investment, and Expenditure of Institutional Funds|Section 163.009. Relation to Electronic Signatures in Global and National Commerce Act

Sec. 163.009.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.  This chapter modifies, limits, and supersedes the provisions of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101 of that Act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of that Act (15 U.S.C. Section 7003(b)).|Added by Acts 1989, 71st Leg., ch. 213, Sec. 1, eff. May 26, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 834 (H.B. 860), Sec. 1, eff. September 1, 2007.|
TX Prop § 163.010 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle B - Fiduciaries|Chapter 163 - Management, Investment, and Expenditure of Institutional Funds|Section 163.010. Uniformity of Application and Construction

Sec. 163.010.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact a law substantially similar to this chapter.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 834 (H.B. 860), Sec. 1, eff. September 1, 2007.|
TX Prop § 163.011 (2021)
2021 Texas Statutes|Property Code|Title 10 - Miscellaneous Beneficial Property Interests|Subtitle B - Fiduciaries|Chapter 163 - Management, Investment, and Expenditure of Institutional Funds|Section 163.011. Applicability of Other Parts of Code

Sec. 163.011.  APPLICABILITY OF OTHER PARTS OF CODE.  Chapters 116 and 117 do not apply to any institutional fund subject to this chapter.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 834 (H.B. 860), Sec. 1, eff. September 1, 2007.Acts 2017, 85th Leg., R.S., Ch. 62 (S.B. 617), Sec. 14, eff. September 1, 2017.|
TX Prop § 221.001 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter A. General Provisions|Section 221.001. Short Title

Sec. 221.001.  SHORT TITLE.  This chapter shall be known and may be cited as the Texas Timeshare Act.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987.  Renumbered from Sec. 201.001 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.|
TX Prop § 221.003 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter A. General Provisions|Section 221.003. Applicability

Sec. 221.003.  APPLICABILITY.  (a)  This chapter applies to all timeshare properties that are located in this state or offered for sale in this state.(b)  Timeshare properties located outside this state are subject only to Subchapters C through H and J.(c)  This chapter applies to any timeshare property in existence on or after August 26, 1985, but does not affect a timeshare contract in existence before that date.(d)  A timeshare property subject to this chapter is not subject to:(1)  Section 5.008 or 5.012;(2)  Chapter 202;(3)  Chapter 207; or(4)  Chapter 209, unless an individual timeshare owner continuously occupies a single timeshare property as the owner's primary residence 12 months of the year.(e)  If a person with a specific program that might otherwise be subject to this chapter received from the commission, before January 31, 2005, a written determination that the program is exempt from this chapter as the chapter existed when the determination was made, the program remains exempt from this chapter if:(1)  the program does not vary materially from the terms on which the exemption was granted; or(2)  the program varies materially from the terms on which the exemption was granted, but the person receives from the commission a new written determination that the program is exempt from this chapter.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987.  Renumbered from Sec. 201.003 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.Amended by: Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 2, eff. January 15, 2006.Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 4, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 1, eff. September 1, 2015.|
TX Prop § 221.004 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter A. General Provisions|Section 221.004. Conflicts of Law

Sec. 221.004.  CONFLICTS OF LAW.  (a)  The provisions of this chapter prevail over a conflicting or inconsistent provision of law applicable to timeshare owners' associations.(b)  Provisions of this code relating to property owners' associations do not apply to an association subject to this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 5, eff. September 1, 2013.|