Tex. Prop. Code Section 113.058
Bond


(a)

A corporate trustee is not required to provide a bond to secure performance of its duties as trustee.

(b)

Unless the instrument creating the trust provides otherwise, a noncorporate trustee must give bond:

(1)

payable to the trust estate of the trust, the registry of the court, or each person interested in the trust, as their interests may appear; and

(2)

conditioned on the faithful performance of the trustee’s duties.

(c)

The bond must be in an amount and with the sureties required by order of a court in a proceeding brought for this determination.

(d)

Any interested person may bring an action to increase or decrease the amount of a bond, require a bond, or substitute or add sureties. Notwithstanding Subsection (b), for cause shown, a court may require a bond even if the instrument creating the trust provides otherwise.

(e)

The trustee shall deposit the bond with the clerk of the court that issued the order requiring the bond. A suit on the bond may be maintained on a certified copy. Appropriate proof of a recovery on a bond reduces the liability of the sureties pro tanto.

(f)

Failure to comply with this section does not make void or voidable or otherwise affect an act or transaction of a trustee with any third person.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
Amended by:
Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 14, eff. January 1, 2006.
Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564), Sec. 6, eff. September 1, 2007.

Source: Section 113.058 — Bond, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­113.­htm#113.­058 (accessed Jun. 5, 2024).

113.001
Limitation of Powers
113.002
General Powers
113.003
Options
113.004
Additions to Trust Assets
113.005
Acquisition of Undivided Interests
113.006
General Authority to Manage and Invest Trust Property
113.007
Temporary Deposits of Funds
113.008
Business Entities
113.009
Real Property Management
113.010
Sale of Property
113.011
Leases
113.012
Minerals
113.013
Insurance
113.014
Payment of Taxes
113.015
Authority to Borrow
113.016
Management of Securities
113.017
Corporate Stock or Other Securities Held in Name of Nominee
113.018
Employment and Appointment of Agents
113.019
Claims
113.020
Burdensome or Worthless Property
113.021
Distribution to Minor or Incapacitated Beneficiary
113.022
Power to Provide Residence and Pay Funeral Expenses
113.023
Ancillary Trustee
113.024
Implied Powers
113.025
Powers of Trustee Regarding Environmental Laws
113.026
Authority to Designate New Charitable Beneficiary
113.027
Distributions Generally
113.028
Certain Claims and Causes of Action Prohibited
113.029
Discretionary Powers
113.030
Relocation of Administration of Charitable Trust
113.031
Digital Assets
113.051
General Duty
113.052
Loan of Trust Funds to Trustee
113.053
Purchase or Sale of Trust Property by Trustee
113.054
Sales from One Trust to Another
113.055
Purchase of Trustee’s Securities
113.056
Authorization to Make Certain Investments
113.057
Deposits by Corporate Trustee with Itself
113.058
Bond
113.081
Resignation of Trustee
113.082
Removal of Trustee
113.083
Appointment of Successor Trustee
113.084
Powers of Successor Trustee
113.085
Exercise of Powers by Multiple Trustees
113.151
Demand for Accounting
113.152
Contents of Accounting
113.171
Common Trust Funds
113.172
Affiliated Institutions
113.0211
Adjustment of Charitable Trust

Accessed:
Jun. 5, 2024

§ 113.058’s source at texas​.gov