{"data":{"id":"us-tx/tex.-property-code-114.007","jurisdiction":"us-tx","citation":"Tex. Property Code § 114.007","heading":"EXCULPATION OF TRUSTEE.","body":"(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term relieves a trustee of liability for:\n(1) a breach of trust committed:\n(A) in bad faith;\n(B) intentionally; or\n(C) with reckless indifference to the interest of a beneficiary; or\n(2) any profit derived by the trustee from a breach of trust.\n(b) A term in a trust instrument relieving the trustee of liability for a breach of trust is ineffective to the extent that the term is inserted in the trust instrument as a result of an abuse by the trustee of a fiduciary duty to or confidential relationship with the settlor.\n(c) This section applies only to a term of a trust that may otherwise relieve a trustee from liability for a breach of trust. Except as provided in Section 111.0035, this section does not prohibit the settlor, by the terms of the trust, from expressly:\n(1) relieving the trustee from a duty or restriction imposed by this subtitle or by common law; or\n(2) directing or permitting the trustee to do or not to do an action that would otherwise violate a duty or restriction imposed by this subtitle or by common law.\nAdded by Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 21, eff. January 1, 2006.","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#114.007","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:37Z","sha256":"d472b87b9a17a6ccb1ba07e4f3522c71fbd4c1afaf99069d9d95cc8fdbed5014","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-property-code-114.006","next":"us-tx/tex.-property-code-114.008"},"notice":"GroundRules: Original legal text. Not legal advice."}