{"data":{"id":"us-tx/tex.-property-code-114.003","jurisdiction":"us-tx","citation":"Tex. Property Code § 114.003","heading":"POWERS TO DIRECT: CHARITABLE TRUSTS.","body":"(a) In this section, \"charitable trust\" has the meaning assigned by Section 123.001.\n(a-1) The terms of a charitable trust may give a trustee or other person a power to direct the modification or termination of the trust.\n(b) If the terms of a charitable trust give a person the power to direct certain actions of the trustee, the trustee shall act in accordance with the person's direction unless:\n(1) the direction is manifestly contrary to the terms of the trust; or\n(2) the trustee knows the direction would constitute a serious breach of a fiduciary duty that the person holding the power to direct owes to the beneficiaries of the trust.\n(c) A person, other than a beneficiary, who holds a power to direct with respect to a charitable trust is presumptively a fiduciary required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct with respect to a charitable trust is liable for any loss that results from a breach of the person's fiduciary duty.\nAmended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.\nAmended by:\nActs 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 19, eff. January 1, 2006.\nActs 2015, 84th Leg., R.S., Ch. 1108 (H.B. 3190), Sec. 1, eff. June 19, 2015.","path":["PROPERTY CODE","TITLE 9. TRUSTS","SUBTITLE B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS","CHAPTER 114. LIABILITIES, RIGHTS, AND REMEDIES OF TRUSTEES, BENEFICIARIES, AND THIRD PERSONS","SUBCHAPTER A. LIABILITY OF TRUSTEE"],"source_url":"https://statutes.capitol.texas.gov/Docs/PR/htm/PR.114.htm#114.003","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:37Z","sha256":"6fa7be9bd4cd8cfd49b0efb671c6054592956379c85683a3c7f59b14c12267d1","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-property-code-114.002","next":"us-tx/tex.-property-code-114.0031"},"notice":"GroundRules: Original legal text. Not legal advice."}