Texas House Bill HB4624

Texas 2019 - 86th Regular

Caption

Relating to civil liability of fiduciary or affiliate for failure to disclose benefits in relation to the affairs of the beneficiary

Impact

The enactment of HB4624 enhances the accountability of fiduciaries by imposing civil liability for failure to adhere to the disclosure requirements. This provision aims to protect beneficiaries from potential exploitation or conflicts of interest that may arise from undisclosed relationships. The bill is intended to foster transparent relationships between fiduciaries and beneficiaries, thereby promoting trust and integrity within commercial transactions.

Summary

House Bill 4624 addresses the issue of civil liability for fiduciaries and their affiliates concerning the failure to disclose certain benefits in relations with beneficiaries. This legislation amends sections of the Texas Business & Commerce Code, specifically targeting how fiduciaries must operate when soliciting or accepting fees or benefits from third parties. Under the new language, fiduciaries are required to disclose their relationship with third parties and any benefits received, which could influence their conduct toward the benefit of their beneficiaries.

Contention

Discussions surrounding HB4624 have revealed some contention over how strict the disclosure requirements should be. Proponents argue that the bill is a necessary step to ensure beneficiaries are fully informed about any potential conflicts of interest that may affect their interests. However, opponents raise concerns that the new regulations may impose burdensome obligations on fiduciaries, potentially complicating their roles and discouraging them from engaging in beneficial partnerships. The balance between protecting beneficiaries and ensuring fiduciaries can operate effectively remains a topic of debate among stakeholders.