Texas 2025 - 89th Regular

Texas House Bill HB3405

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the contents of a trust accounting.

Impact

The proposed adjustments in the law are expected to impact the way trust accounts are maintained and reported by trustees. By requiring clearer delineations of transactions between principal and income, the bill aims to establish more robust accounting practices. This could lead to improved trust management and better communication with beneficiaries, potentially reducing disputes related to mismanagement or misunderstandings about the financial state of trust assets.

Summary

House Bill 3405 seeks to amend the Property Code regarding trust accounting. The bill introduces provisions that allow a court to compel a trustee to allocate certain receipts and disbursements to principal and income, irrespective of whether the beneficiaries share the same distribution standard for both principal and income. This is a significant change aimed at enhancing transparency and accountability in trust management, ensuring that all transactions are properly documented and reported to beneficiaries.

Contention

Notable points of contention surrounding HB3405 relate to the burden it may impose on trustees. Some stakeholders may argue that the increased requirement for detailed accounting could complicate trust management, particularly for smaller trusts or those managed by individual trustees rather than professional fiduciaries. Conversely, proponents of the bill assert that such measures are necessary for protecting beneficiaries and ensuring the proper handling of trust assets, thus elevating the standard of trust management across the board.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 113. Administration
    • Section: 151
    • Section: 152

Companion Bills

TX SB1218

Identical Relating to the contents of a trust accounting.

Previously Filed As

TX SB1218

Relating to the contents of a trust accounting.

TX SB1020

Relating to the designation of the trustee of an express trust as a beneficiary of a trust account or a P.O.D. payee of a P.O.D. account.

TX HB1847

Relating to the designation of the trustee of an express trust as a beneficiary of a trust account or a P.O.D. payee of a P.O.D. account.

TX HB1813

Relating to the beneficiaries of a trust who are entitled to demand an accounting from the trustee.

TX HB653

Relating to a trust beneficiary's approval of a trustee's accounting.

TX HB1552

Relating to the limitation of liability of a financial institution acquiring a trustee financial institution.

TX SB843

Relating to a trust beneficiary's approval of a trustee's accounting.

TX HB2240

Relating to the disbursement of funds from a trust fund account by a title insurance company, title insurance agent, or escrow officer.

Similar Bills

No similar bills found.