Texas 2023 - 88th Regular

Texas House Bill HB1552

Filed
1/24/23  
Out of House Committee
4/25/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

Should it be enacted, HB 1552 would directly influence the Property Code in Texas, modifying the framework under which financial institutions operate when acquiring or merging with trustee institutions. This change is expected to foster a more secure environment for financial entities engaging in mergers or acquisitions by clearly defining their potential liabilities in relation to inherited trusts. Proponents argue that this will encourage more mergers and reduce the hesitance of financial institutions to acquire assets that include potentially problematic trusts.

Summary

House Bill 1552 aims to limit the liability of financial institutions that acquire trustee institutions, specifically addressing situations where these institutions inherit trusts from their predecessors. The bill proposes that the liability for transactions conducted by predecessor trustees is capped at either $10 million or an amount equal to the total value of distributions made by the predecessor before the new institution's acceptance of the trust. This provision is intended to provide clarity and protection for acquiring institutions, allowing them to inherit trusts without facing unlimited potential liabilities from past management.

Sentiment

The sentiment surrounding HB 1552 is mixed. While some legislative members and financial institutions support the bill as a necessary measure to facilitate smoother acquisitions and provide protection from historical liabilities, opposition has come from entities such as the Texas Real Estate and Probate Institute and the Texas Trial Lawyers Association. Critics argue that limiting liability could lead to a lack of accountability and may harm beneficiaries who rely on trust management for their financial well-being. The discourse reflects a common tension between facilitating business operations and ensuring protections for consumers.

Contention

Notable points of contention include the fear that the bill may insulate predecessor trustees from accountability for past failures or misconduct, a concern voiced by those who advocate for strong consumer protections in the financial sector. Stakeholders such as probate judges have expressed reservations about the implications of this limitation on liability, especially in the context of long-standing trusts that may involve complex beneficiary relationships. The ongoing debate illustrates the challenge of balancing financial institution interests with the protection of trust beneficiaries' rights and interests.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 114. Liabilities, Rights, And Remedies Of Trustees, Beneficiaries, And Third Persons
    • Section: New Section
    • Section: New Section
  • Chapter 113. Administration
    • Section: New Section

Finance Code

  • Chapter 201. General Provisions
    • Section: New Section

Companion Bills

TX SB843

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

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