reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter A. General Provisions › Section 240.007. Power to Disclaim Power Held in Fiduciary Capacity by Person Designated to Serve as or Serving as Fiduciary

Sec. 240.007.  POWER TO DISCLAIM POWER HELD IN FIDUCIARY CAPACITY BY PERSON DESIGNATED TO SERVE AS OR SERVING AS FIDUCIARY.  (a)  Subject to Subsection (b) and except to the extent the person's right to disclaim is expressly restricted or limited by a law of this state or by the instrument creating the fiduciary relationship, a person designated to serve or serving as a fiduciary may disclaim, in whole or in part, any power over property, including a power of appointment and the power to disclaim, held in a fiduciary capacity.
(b)  If a power being disclaimed under Subsection (a) by a person designated to serve or serving as a trustee affects the distributive rights of any beneficiary of the trust:
(1)  the person may disclaim only on or after accepting the trust;
(2)  the disclaimer must be compatible with the trustee's fiduciary obligations; and
(3)  if the disclaimer is made on accepting the trust, the trustee is considered to have never possessed the power disclaimed.
(c)  A person designated to serve or serving as a fiduciary may disclaim a power under this section even if the creator of the power imposed a spendthrift provision or similar restriction on transfer.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter A. General Provisions › Section 240.009. Power to Disclaim; General Requirements; When Irrevocable

Sec. 240.009.  POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE.  (a) To be effective, a disclaimer must:
(1)  be in writing;
(2)  declare the disclaimer;
(3)  describe the interest or power disclaimed;
(4)  be signed by the person making the disclaimer; and
(5)  be delivered or filed in the manner provided by Subchapter C.
(b)  A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(c)  A disclaimer is irrevocable on the later of the date the disclaimer:
(1)  is delivered or filed under Subchapter C; or
(2)  takes effect as provided in Sections 240.051-240.056.
(d)  A disclaimer made under this chapter is not a transfer, assignment, or release.
(e)  A disclaimer of an interest in property made by an individual must contain a statement under penalty of perjury regarding whether the disclaimant is a child support obligor whose disclaimer is barred under Section 240.151(g).  An individual's failure to include the statement does not invalidate a disclaimer if the disclaimer is not barred under Section 240.151(g).
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter B. Type and Effect of Disclaimer › Section 240.0501. Definition

Sec. 240.0501.  DEFINITION.  In this subchapter, "future interest" means an interest that:
(1)  takes effect in possession or enjoyment, if at all, later than the time at which the instrument creating the interest becomes irrevocable; and
(2)  passes to the holder of the interest at the time of the event that causes the taker of the interest to be finally ascertained and the interest to be indefeasibly vested.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter B. Type and Effect of Disclaimer › Section 240.051. Disclaimer of Interest in Property

Sec. 240.051.  DISCLAIMER OF INTEREST IN PROPERTY.  (a) This section and Sections 240.0511 and 240.0512 apply to a disclaimer of an interest in property other than a disclaimer subject to Section 240.052 or 240.053.
(b)  If an interest in property passes because of the death of a decedent:
(1)  a disclaimer of the interest:
(A)  takes effect as of the time of the decedent's death; and
(B)  relates back for all purposes to the time of the decedent's death; and
(2)  the disclaimed interest is not subject to the claims of any creditor of the disclaimant.
(c)  If an interest in property passes because of an event not related to the death of a decedent:
(1)  a disclaimer of the interest:
(A)  takes effect:
(i)  as of the time the instrument creating the interest became irrevocable; or
(ii)  in the case of an irrevocable transfer made without an instrument, at the time of the irrevocable transfer; and
(B)  relates back for all purposes to the time the instrument became irrevocable or the time of the irrevocable transfer, as applicable; and
(2)  the disclaimed interest is not subject to the claims of any creditor of the disclaimant.
(d)  A disclaimed interest passes according to any provision in the instrument creating the interest that provides for:
(1)  the disposition of the interest if the interest were to be disclaimed; or
(2)  the disposition of disclaimed interests in general.
(e)  If the instrument creating the disclaimed interest does not contain a provision described by Subsection (d) and:
(1)  if the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist; or
(2)  if the disclaimant is an individual:
(A)  except as provided by Section 240.0511, if the interest is passing because of the death of a decedent, the disclaimed interest passes as if the disclaimant had died immediately before the time as of which the disclaimer takes effect under Subsection (b); or
(B)  except as provided by Section 240.0512, if the interest is passing because of an event not related to the death of a decedent, the disclaimed interest passes as if the disclaimant had died immediately before the time as of which the disclaimer takes effect under Subsection (c).
(f)  A disclaimed interest that passes by intestacy passes as if the disclaimant died immediately before the decedent.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter B. Type and Effect of Disclaimer › Section 240.0511. Disposition of Interest Passing Because of Decedent's Death and Disclaimed by Individual

Sec. 240.0511.  DISPOSITION OF INTEREST PASSING BECAUSE OF DECEDENT'S DEATH AND DISCLAIMED BY INDIVIDUAL.  (a)  Subject to Subsection (b):
(1)  if by law or under the instrument creating the disclaimed interest the descendants of a disclaimant of an interest passing because of the death of a decedent would share in the disclaimed interest by any method of representation under Section 240.051(e)(2)(A), the disclaimed interest passes only to the descendants of the disclaimant who survive the decedent; or
(2)  if the disclaimed interest would have passed to the disclaimant's estate under Section 240.051(e)(2)(A), the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the decedent.
(b)  If no descendant of the disclaimant survives the decedent, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died immediately before the decedent, except that if the transferor's surviving spouse is living but remarried before the decedent's death, the transferor is considered to have died unmarried immediately before the decedent's death.
(c)  On the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died immediately before the decedent, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter B. Type and Effect of Disclaimer › Section 240.0512. Disposition of Interest Passing Because of Event Other Than Decedent's Death and Disclaimed by Individual

Sec. 240.0512.  DISPOSITION OF INTEREST PASSING BECAUSE OF EVENT OTHER THAN DECEDENT'S DEATH AND DISCLAIMED BY INDIVIDUAL.  (a)  Subject to Subsection (b):
(1)  if by law or under the instrument creating the disclaimed interest the descendants of a disclaimant of an interest passing because of an event not related to the death of a decedent would share in the disclaimed interest by any method of representation under Section 240.051(e)(2)(B), the disclaimed interest passes only to the descendants of the disclaimant living at the time of the event that causes the interest to pass; or
(2)  if the disclaimed interest would have passed to the disclaimant's estate under Section 240.051(e)(2)(B), the disclaimed interest instead passes by representation to the descendants of the disclaimant living at the time of the event that causes the interest to pass.
(b)  If no descendant of the disclaimant is living at the time of the event described by Subsection (a)(1), the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died immediately before the event described by Subsection (a)(1), except that if the transferor's surviving spouse is living but remarried before the event, the transferor is considered to have died unmarried immediately before the event.
(c)  On the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died immediately before the time the disclaimer takes effect under Section 240.051(c)(1)(A), but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter B. Type and Effect of Disclaimer › Section 240.052. Disclaimer of Rights in Survivorship Property

Sec. 240.052.  DISCLAIMER OF RIGHTS IN SURVIVORSHIP PROPERTY.  (a)  On the death of a holder of survivorship property, a surviving holder may disclaim, in whole or in part, an interest in the property of the deceased holder that would have otherwise passed to the surviving holder by reason of the deceased holder's death.
(b)  If an interest in survivorship property is disclaimed by a surviving holder of the property:
(1)  the disclaimer:
(A)  takes effect as of the time of the deceased holder's death; and
(B)  relates back for all purposes to the time of the deceased holder's death; and
(2)  the disclaimed interest is not subject to the claims of any creditor of the disclaimant.
(c)  An interest in survivorship property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter B. Type and Effect of Disclaimer › Section 240.053. Disclaimer of Interest by Trustee

Sec. 240.053.  DISCLAIMER OF INTEREST BY TRUSTEE.  (a)  If a trustee disclaims an interest in property that otherwise would have become trust property:
(1)  the interest does not become trust property;
(2)  the disclaimer:
(A)  takes effect as of the time the trust became irrevocable; and
(B)  relates back for all purposes to the time the trust became irrevocable; and
(3)  the disclaimed interest is not subject to the claims of any creditor of the trustee, the trust, or any trust beneficiary.
(b)  If the instrument creating the disclaimed interest contains a provision that provides for the disposition of the interest if the interest were to be disclaimed, the disclaimed interest passes according to that provision.
(c)  If the instrument creating the disclaimed interest does not contain a provision described by Subsection (b), the disclaimed interest passes as if:
(1)  all of the current beneficiaries, presumptive remainder beneficiaries, and contingent beneficiaries of the trust affected by the disclaimer who are individuals died before the trust became irrevocable; and
(2)  all beneficiaries of the trust affected by the disclaimer who are not individuals ceased to exist without successor organizations and without substitution of beneficiaries under the cy pres doctrine before the trust became irrevocable.
(d)  Subsection (c) applies only for purposes of determining the disposition of an interest in property disclaimed by a trustee that otherwise would have become trust property and applies only with respect to the trust affected by the disclaimer.  Subsection (c) does not apply with respect to other trusts governed by the instrument and does not apply for other purposes under the instrument or under the laws of intestacy.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter B. Type and Effect of Disclaimer › Section 240.054. Disclaimer of Power of Appointment or Other Power Not Held in Fiduciary Capacity

Sec. 240.054.  DISCLAIMER OF POWER OF APPOINTMENT OR OTHER POWER NOT HELD IN FIDUCIARY CAPACITY.  (a)  If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, this section applies.
(b)  If the holder:
(1)  has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable; or
(2)  has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
(c)  The instrument creating the power is construed as if the power had expired when the disclaimer became effective.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter B. Type and Effect of Disclaimer › Section 240.055. Disclaimer by Appointee Of, or Object or Taker in Default of Exercise Of, Power of Appointment

Sec. 240.055.  DISCLAIMER BY APPOINTEE OF, OR OBJECT OR TAKER IN DEFAULT OF EXERCISE OF, POWER OF APPOINTMENT. (a)  A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
(b)  A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter B. Type and Effect of Disclaimer › Section 240.056. Disclaimer of Power Held in Fiduciary Capacity

Sec. 240.056.  DISCLAIMER OF POWER HELD IN FIDUCIARY CAPACITY.  (a)  If a person designated to serve or serving as a fiduciary disclaims a power held or to be held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(b)  If a person designated to serve or serving as a fiduciary disclaims a power held or to be held in a fiduciary capacity that has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(c)  A disclaimer subject to this section is effective as to another person designated to serve or serving as a fiduciary if:
(1)  the disclaimer provides that it is effective as to another person designated to serve or serving as a fiduciary; and
(2)  the person disclaiming has the authority to bind the estate, trust, or other person for whom the person is acting.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter B. Type and Effect of Disclaimer › Section 240.057. Tax Qualified Disclaimer

Sec. 240.057.  TAX QUALIFIED DISCLAIMER.  (a)  In this section, "Internal Revenue Code" has the meaning assigned by Section 111.004.
(b)  Notwithstanding any other provision of this chapter, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated under the Internal Revenue Code as never having been transferred to the disclaimant, the disclaimer or transfer is effective as a disclaimer under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter B. Type and Effect of Disclaimer › Section 240.058. Partial Disclaimer by Spouse

Sec. 240.058.  PARTIAL DISCLAIMER BY SPOUSE.  A disclaimer by a decedent's surviving spouse of an interest in property transferred as the result of the death of the decedent is not a disclaimer by the surviving spouse of any other transfer from the decedent to or for the benefit of the surviving spouse, regardless of whether the interest that would have passed under the disclaimed transfer passes because of the disclaimer to or for the benefit of the surviving spouse by the other transfer.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter C. Delivery or Filing › Section 240.101. Delivery or Filing Generally

Sec. 240.101.  DELIVERY OR FILING GENERALLY.  (a)  Subject to applicable requirements of this subchapter, a disclaimant may deliver a disclaimer by personal delivery, first-class mail, facsimile, e-mail, or any other method likely to result in the disclaimer's receipt.
(b)  If a disclaimer is mailed to the intended recipient by certified mail, return receipt requested, at an address the disclaimant in good faith believes is likely to result in the disclaimer's receipt, delivery is considered to have occurred on the date of mailing regardless of receipt.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter C. Delivery or Filing › Section 240.102. Disclaimer of Interest Created Under Intestate Succession or Will

Sec. 240.102.  DISCLAIMER OF INTEREST CREATED UNDER INTESTATE SUCCESSION OR WILL.  In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust:
(1)  a disclaimer must be delivered to the personal representative of the decedent's estate; or
(2)  if no personal representative is then serving, a disclaimer must be filed in the official public records of any county in which the decedent:
(A)  was domiciled on the date of the decedent's death; or
(B)  owned real property.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter C. Delivery or Filing › Section 240.103. Disclaimer of Interest in Testamentary Trust

Sec. 240.103.  DISCLAIMER OF INTEREST IN TESTAMENTARY TRUST.  In the case of an interest in a testamentary trust:
(1)  a disclaimer must be delivered to the trustee then serving;
(2)  if no trustee is then serving, a disclaimer must be delivered to the personal representative of the decedent's estate; or
(3)  if no trustee or personal representative is then serving, a disclaimer must be filed in the official public records of any county in which the decedent:
(A)  was domiciled on the date of the decedent's death; or
(B)  owned real property.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter C. Delivery or Filing › Section 240.104. Disclaimer of Interest in Inter Vivos Trust

Sec. 240.104.  DISCLAIMER OF INTEREST IN INTER VIVOS TRUST.  In the case of an interest in an inter vivos trust:
(1)  a disclaimer must be delivered to the trustee then serving, or, if no trustee is then serving, a disclaimer must be filed:
(A)  with a court having jurisdiction to enforce the trust; or
(B)  in the official public records of the county in which:
(i)  the situs of administration of the trust is maintained; or
(ii)  the settlor is domiciled or was domiciled on the date of the settlor's death; and
(2)  if a disclaimer is made before the time the instrument creating the trust becomes irrevocable, a disclaimer must be delivered to the settlor of a revocable trust or the transferor of the interest.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter C. Delivery or Filing › Section 240.105. Disclaimer of Interest Created by Beneficiary Designation

Sec. 240.105.  DISCLAIMER OF INTEREST CREATED BY BENEFICIARY DESIGNATION.  (a)  In this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of:
(1)  an annuity or insurance policy;
(2)  an account with a designation for payment on death;
(3)  a security registered in beneficiary form;
(4)  a pension, profit-sharing, retirement, or other employment-related benefit plan; or
(5)  any other nonprobate transfer at death.
(b)  In the case of an interest created by a beneficiary designation that is disclaimed before the designation becomes irrevocable, the disclaimer must be delivered to the person making the beneficiary designation.
(c)  In the case of an interest created by a beneficiary designation that is disclaimed after the designation becomes irrevocable:
(1)  a disclaimer of an interest in personal property must be delivered to the person obligated to distribute the interest; and
(2)  a disclaimer of an interest in real property must be recorded in the official public records of the county where the real property that is the subject of the disclaimer is located.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter C. Delivery or Filing › Section 240.106. Disclaimer by Surviving Holder of Survivorship Property

Sec. 240.106.  DISCLAIMER BY SURVIVING HOLDER OF SURVIVORSHIP PROPERTY.  In the case of a disclaimer by a surviving holder of survivorship property, the disclaimer must be delivered to the person to whom the disclaimed interest passes.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter C. Delivery or Filing › Section 240.107. Disclaimer by Object or Taker in Default of Exercise of Power of Appointment

Sec. 240.107.  DISCLAIMER BY OBJECT OR TAKER IN DEFAULT OF EXERCISE OF POWER OF APPOINTMENT.  In the case of a disclaimer by an object or taker in default of an exercise of a power of appointment at any time after the power was created:
(1)  the disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or
(2)  if no fiduciary is then serving, the disclaimer must be filed:
(A)  with a court having authority to appoint the fiduciary; or
(B)  in the official public records of the county in which the creator of the power is domiciled or was domiciled on the date of the creator's death.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter C. Delivery or Filing › Section 240.108. Disclaimer by Certain Appointees

Sec. 240.108.  DISCLAIMER BY CERTAIN APPOINTEES.  In the case of a disclaimer by an appointee of a nonfiduciary power of appointment:
(1)  the disclaimer must be delivered to the holder, the personal representative of the holder's estate, or the fiduciary under the instrument that created the power; or
(2)  if no fiduciary is then serving, the disclaimer must be filed:
(A)  with a court having authority to appoint the fiduciary; or
(B)  in the official public records of the county in which the creator of the power is domiciled or was domiciled on the date of the creator's death.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter C. Delivery or Filing › Section 240.109. Disclaimer by Certain Fiduciaries

Sec. 240.109.  DISCLAIMER BY CERTAIN FIDUCIARIES.  In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided by Section 240.102, 240.103, or 240.104 as if the power disclaimed were an interest in property.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter C. Delivery or Filing › Section 240.110. Disclaimer of Power by Agent

Sec. 240.110.  DISCLAIMER OF POWER BY AGENT.  In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal's representative.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter C. Delivery or Filing › Section 240.111. Recording of Disclaimer

Sec. 240.111.  RECORDING OF DISCLAIMER.  If an instrument transferring an interest in or power over property subject to a disclaimer is required or authorized by law to be filed, recorded, or registered, the disclaimer may be filed, recorded, or registered as that instrument.  Except as otherwise provided by Section 240.105(c)(2), failure to file, record, or register the disclaimer does not affect the disclaimer's validity between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter D. Disclaimer Barred or Limited › Section 240.151. When Disclaimer Barred or Limited

Sec. 240.151.  WHEN DISCLAIMER BARRED OR LIMITED.  (a)  A disclaimer is barred by a written waiver of the right to disclaim.
(b)  A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(1)  the disclaimant accepts the interest sought to be disclaimed by:
(A)  taking possession of the interest; or
(B)  exercising dominion and control over the interest;
(2)  the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
(3)  the interest sought to be disclaimed is sold under a judicial sale.
(c)  The acceptance of an interest in property by a person in the person's fiduciary capacity is not an acceptance of the interest in the person's individual capacity and does not bar the person from disclaiming the interest in the person's individual capacity.
(d)  A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by the previous exercise of the power.
(e)  A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by the previous exercise of the power unless the power is exercisable in favor of the disclaimant.
(f)  A disclaimer of:
(1)  a power over property that is barred by this section is ineffective; and
(2)  an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under Subchapter B had the disclaimer not been barred.
(g)  A disclaimer by a child support obligor is barred as to disclaimed property that could be applied to satisfy the disclaimant's child support obligations if those obligations have been:
(1)  administratively determined as evidenced by a certified child support payment record produced by the Title IV-D agency in a Title IV-D case; or
(2)  confirmed and reduced to judgment as provided by Section 157.263, Family Code.
(h)  If Subsection (g) applies, the child support obligee to whom child support arrearages are owed or the Title IV-D agency may enforce the child support obligation against the disclaimant as to disclaimed property by a lien or by any other remedy provided by law.
(i)  In this section:
(1)  "Title IV-D agency" has the meaning assigned by Section 101.033, Family Code.
(2)  "Title IV-D case" has the meaning assigned by Section 101.034, Family Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 24, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter A. Title, Purpose, and Definitions › Section 301.001. Short Title

Sec. 301.001.  SHORT TITLE.  This chapter may be cited as the Texas Fair Housing Act.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter A. Title, Purpose, and Definitions › Section 301.0015. Texas Workforce Commission

Sec. 301.0015.  TEXAS WORKFORCE COMMISSION.  The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission.  A reference in this chapter to the "commission" means the Texas Workforce Commission.
Added by Acts 2003, 78th Leg., ch. 302, Sec. 3, eff. March 19, 2004.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 29, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter A. Title, Purpose, and Definitions › Section 301.002. Purposes

Sec. 301.002.  PURPOSES.  The purposes of this chapter are to:
(1)  provide for fair housing practices in this state;
(2)  create a procedure for investigating and settling complaints of discriminatory housing practices;  and
(3)  provide rights and remedies substantially equivalent to those granted under federal law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter A. Title, Purpose, and Definitions › Section 301.003. Definitions

Sec. 301.003.  DEFINITIONS.  In this chapter:
(1)  "Aggrieved person" includes any person who:
(A)  claims to have been injured by a discriminatory housing practice;  or
(B)  believes that the person will be injured by a discriminatory housing practice that is about to occur.
(2)  "Complainant" means a person, including the commission, that files a complaint under Section 301.081.
(3)  Repealed by Acts 2003, 78th Leg., ch. 302, Sec. 4(3).
(4)  "Conciliation" means the informal negotiations among an aggrieved person, the respondent, and the commission to resolve issues raised by a complaint or by the investigation of the complaint.
(5)  "Conciliation agreement" means a written agreement resolving the issues in conciliation.
(6)  "Disability" means a mental or physical impairment that substantially limits at least one major life activity, a record of the impairment, or being regarded as having the impairment.  The term does not include current illegal use or addiction to any drug or illegal or federally controlled substance and does not apply to an individual because of an individual's sexual orientation or because that individual is a transvestite.
(7)  "Discriminatory housing practice" means an act prohibited by Subchapter B  or conduct that is an offense under Subchapter I.
(8)  "Dwelling" means any:
(A)  structure or part of a structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families;  or
(B)  vacant land that is offered for sale or lease for the construction or location of a structure or part of a structure described by Paragraph (A).
(9)  "Family" includes a single individual.
(10)  "Respondent" means:
(A)  a person accused of a violation of this chapter in a complaint of discriminatory housing practice;  or
(B)  a person identified as an additional or substitute respondent under Section 301.084 or an agent of an additional or substitute respondent.
(11)  "To rent" includes to lease, sublease, or let, or to grant in any other manner, for a consideration, the right to occupy premises not owned by the occupant.
(12)  "Person" means:
(A)  an individual;
(B)  a corporation, partnership, association, unincorporated organization, labor organization, mutual company, joint-stock company, and trust;  and
(C)  a legal representative, a trustee, a trustee in a case under Title 11, U.S.C., a receiver, and a fiduciary.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 17.003, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., Ch. 302 (H.B. 2933), Sec. 4(3), eff. March 19, 2004.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter A. Title, Purpose, and Definitions › Section 301.004. Familial Status

Sec. 301.004.  FAMILIAL STATUS.  A discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is:
(1)  pregnant;
(2)  domiciled with an individual younger than 18 years of age in regard to whom the person:
(A)  is the parent or legal custodian;  or
(B)  has the written permission of the parent or legal custodian for domicile with that person;  or
(3)  in the process of obtaining legal custody of an individual younger than 18 years of age.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter A. Title, Purpose, and Definitions › Section 301.0045. Racial Discrimination Based on Hair Texture or Protective Hairstyle

Sec. 301.0045.  RACIAL DISCRIMINATION BASED ON HAIR TEXTURE OR PROTECTIVE HAIRSTYLE.  (a)  In this section, "protective hairstyle" includes braids, locks, and twists.
(b)  A provision in this chapter, other than a provision in Subchapter I, referring to discrimination because of race or on the basis of race includes discrimination because of or on the basis of a person's hair texture or protective hairstyle commonly or historically associated with race.
Added by Acts 2023, 88th Leg., R.S., Ch. 223 (H.B. 567), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter A. Title, Purpose, and Definitions › Section 301.005. Construction of Chapter

Sec. 301.005.  CONSTRUCTION OF CHAPTER.  The statutory civil remedies or theories of recovery created by this chapter may not be expanded beyond their express statutory terms.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter B. Discrimination Prohibited › Section 301.021. Sale or Rental

Sec. 301.021.  SALE OR RENTAL.  (a)  A person may not refuse to sell or rent, after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or in any other manner make unavailable or deny a dwelling to another because of race, color, religion, sex, familial status, or national origin.
(b)  A person may not discriminate against another in the terms, conditions, or privileges of sale or rental of a dwelling or in providing services or facilities in connection with a sale or rental of a dwelling because of race, color, religion, sex, familial status, or national origin.
(c)  This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter B. Discrimination Prohibited › Section 301.022. Publication

Sec. 301.022.  PUBLICATION.  A person may not make, print, or publish or effect the making, printing, or publishing of a notice, statement, or advertisement that is about the sale or rental of a dwelling and that indicates any preference, limitation, or discrimination or the intention to make a preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, or national origin.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter B. Discrimination Prohibited › Section 301.023. Inspection

Sec. 301.023.  INSPECTION.  A person may not represent to another because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter B. Discrimination Prohibited › Section 301.024. Entry Into Neighborhood

Sec. 301.024.  ENTRY INTO NEIGHBORHOOD.  A person may not, for profit, induce or attempt to induce another to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status, or national origin.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter B. Discrimination Prohibited › Section 301.026. Residential Real Estate Related Transaction

Sec. 301.026.  RESIDENTIAL REAL ESTATE RELATED TRANSACTION.  (a)  A person whose business includes engaging in residential real estate related transactions may not discriminate against another in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, or national origin.
(b)  In this section, "residential real estate related transaction" means:
(1)  the making or purchasing of loans or the provision of other financial assistance:
(A)  to purchase, construct, improve, repair, or maintain a dwelling;  or
(B)  to secure residential real estate;  or
(2)  the selling, brokering, or appraising of residential real property.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter B. Discrimination Prohibited › Section 301.027. Brokerage Services

Sec. 301.027.  BROKERAGE SERVICES.  A person may not deny another access to, or membership or participation in, a multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, sex, disability, familial status, or national origin.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter C. Exemptions › Section 301.041. Certain Sales and Rentals Exempted

Sec. 301.041.  CERTAIN SALES AND RENTALS EXEMPTED.  (a)  Sections 301.021, 301.023, 301.024, and 301.025 do not apply to:
(1)  the sale or rental of a single-family house sold or rented by the owner if:
(A)  the owner does not:
(i)  own more than three single-family houses at any one time; or
(ii)  own any interest in, nor is there owned or reserved on the person's behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three single-family houses at any one time; and
(B)  the house is sold or rented without:
(i)  the use of the sales or rental facilities or services of a broker, agent, or salesperson licensed under Chapter 1101, Occupations Code, or of an employee or agent of a licensed broker, agent, or salesperson, or the facilities or services of any person in the business of selling or renting a dwelling; or
(ii)  the publication, posting, or mailing of a notice, statement, or advertisement prohibited by Section 301.022; or
(2)  the sale or rental of the rooms or units in a dwelling containing living quarters occupied by or intended to be occupied by not more than four families living independently of each other, if the owner maintains and occupies one of the living quarters as the owner's residence.
(b)  The exemption in Subsection (a)(1) applies only to one sale in a 24-month period if the owner was not the most recent resident of the house at the time of the sale.
(c)  Subsection (a) does not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other professional assistants necessary to transfer title.
(d)  For purposes of Subsection (a), a person is in the business of selling or renting a dwelling if:
(1)  the person has, within the preceding year, participated as the seller or landlord in three or more transactions involving the sale or rental of a dwelling or any interest in a dwelling;
(2)  the person has, within the preceding year, participated in two or more transactions, other than transactions involving the person's own dwelling, as an agent providing sales or rental facilities or services involving the sale or rental of a dwelling or any interest in a dwelling; or
(3)  the person is the owner of a dwelling designed or intended for occupancy by, or that is occupied by, five or more families.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.810, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 455 (H.B. 1153), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter C. Exemptions › Section 301.042. Religious Organization, Private Club, and Appraisal Exemption

Sec. 301.042.  RELIGIOUS ORGANIZATION, PRIVATE CLUB, AND APPRAISAL EXEMPTION.  (a)  This chapter does not prohibit a religious organization, association, or society or a nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from:
(1)  limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion;  or
(2)  giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color, or national origin.
(b)  This chapter does not prohibit a private club that is not open to the public and that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of the lodging to its members or from giving preference to its members.
(c)  This chapter does not prohibit a person engaged in the business of furnishing appraisals of real property from considering in those appraisals factors other than race, color, religion, sex, disability, familial status, or national origin.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter C. Exemptions › Section 301.043. Housing for Elderly Exempted

Sec. 301.043.  HOUSING FOR ELDERLY EXEMPTED.  The provisions of this chapter relating to familial status do not apply to housing:
(1)  that the commission determines is specifically designed and operated to assist elderly individuals under a federal or state program;
(2)  intended for, and solely occupied by, individuals 62 years of age or older;  or
(3)  intended and operated for occupancy by at least one individual 55 years of age or older for each unit as determined by commission rules.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter C. Exemptions › Section 301.044. Effect on Other Law

Sec. 301.044.  EFFECT ON OTHER LAW.  (a)  This chapter does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or a restriction relating to health or safety standards.
(b)  This chapter does not affect a requirement of nondiscrimination in any other state or federal law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter D. Administrative Provisions › Section 301.062. Rules

Sec. 301.062.  RULES.  The commission may adopt rules necessary to implement this chapter, but substantive rules adopted by the commission shall impose obligations, rights, and remedies that are the same as are provided in federal fair housing regulations.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.