2023 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 142.004. Investment of Funds

Sec. 142.004.  INVESTMENT OF FUNDS.  (a)  In a suit in which a minor or incapacitated person who has no legal guardian is represented by a next friend or an appointed guardian ad litem, any money recovered by the plaintiff, if not otherwise managed under this chapter, may be invested:
(1)  by the next friend or guardian ad litem in:
(A)  a higher education savings plan established under Subchapter G, Chapter 54, Education Code, a prepaid tuition program established under Subchapter H, Chapter 54, Education Code, or an ABLE account established in accordance with the Texas Achieving a Better Life Experience (ABLE) Program under Subchapter J, Chapter 54, Education Code; or
(B)  interest-bearing time deposits in a financial institution doing business in this state and insured by the Federal Deposit Insurance Corporation; or
(2)  by the clerk of the court, on written order of the court of proper jurisdiction, in:
(A)  a higher education savings plan established under Subchapter G, Chapter 54, Education Code, a prepaid tuition program established under Subchapter H, Chapter 54, Education Code, or an ABLE account established in accordance with the Texas Achieving a Better Life Experience (ABLE) Program under Subchapter J, Chapter 54, Education Code;
(B)  interest-bearing deposits in a financial institution doing business in this state and insured by the Federal Deposit Insurance Corporation;
(C)  United States treasury bills;
(D)  an eligible interlocal investment pool that meets the requirements of Sections 2256.016, 2256.017, and 2256.019, Government Code; or
(E)  a no-load money market mutual fund, if the fund:
(i)  is regulated by the Securities and Exchange Commission;
(ii)  has a dollar weighted average stated maturity of 90 days or fewer; and
(iii)  includes in its investment objectives the maintenance of a stable net asset value of $1 for each share.
(b)  If the money invested under this section may not be withdrawn from the financial institution without an order of the court, a next friend or guardian ad litem who makes the investment is not required to execute a bond with respect to the money.
(c)  When money invested under this section is withdrawn, the court may:
(1)  on a finding that the person entitled to receive the money is no longer under the disability, order the funds turned over to the person;  or
(2)  order management of the funds under another provision of this chapter.
(d)  Interest earned on an account invested by the clerk of the court shall be paid in the same manner as interest earned on an account under Chapter 117, Local Government Code.
(e)  If money is invested under Subsection (a)(2)(E), the court may waive any bonding requirement.
Acts 1983, 68th Leg., p. 3712, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 14(d), eff. Oct. 2, 1984;  Acts 1997, 75th Leg., ch. 505, Sec. 22, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 94, Sec. 1, eff. May 17, 1999;  Acts 1999, 76th Leg., ch. 195, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 17.002, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 289 (H.B. 1560), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 938 (S.B. 1764), Sec. 3, eff. September 1, 2017.