Texas Vernon’s Civil Statutes
Sec. § 11.04
Fiduciaries


(a)

A person or financial institution is a fiduciary of the fund to the extent that the person or the financial institution:

(1)

exercises any discretionary authority or discretionary control over management of the fund or exercises any authority or control over management or disposition of the assets of the fund;

(2)

renders or has authority or responsibility to render investment advice for a fee or other compensation, direct or indirect, concerning any money or other property of the fund; or

(3)

has any discretionary authority or discretionary responsibility over the administration of the fund.

(b)

A fiduciary of the fund may not cause the fund to engage in a transaction if the fiduciary knows or should know that the transaction constitutes a direct or indirect:

(1)

sale, exchange, or lease of any property from the fund to a party for less than adequate consideration or from a party to the fund for more than adequate consideration;

(2)

loan of money or other extension of credit from the fund to a party without the receipt of adequate security and a reasonable rate of interest or from a party to the fund with provision of excessive security or an unreasonably high rate of interest;

(3)

furnishing of goods, services, or facilities from the fund to a party for less than adequate consideration or from a party to the fund for more than adequate consideration; or

(4)

transfer to or use by or for the benefit of a party of any assets of the fund for less than adequate consideration.

(c)

A fiduciary of the fund may not:

(1)

deal with the assets of the fund in the fiduciarys own interest or for the fiduciarys own account;

(2)

in the fiduciarys individual or any other capacity act in any transaction involving the fund on behalf of a party whose interests are adverse to the interests of the fund or the interests of its participants or beneficiaries; or

(3)

receive any consideration for the fiduciarys own personal account from any party dealing with the fund in connection with a transaction involving the assets of the fund.

(d)

The board of trustees may purchase insurance indemnifying the members of the board of trustees against personal loss or accountability from liability resulting from a members act or omission as a member of the board of trustees.
Source
Last accessed
Oct. 19, 2019