DecisionDepot
California legal research

Texas Property Code

§ 112.036 — RULE AGAINST PERPETUITIES

PR § 112.036Title 9. TRUSTS · Part B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS · Ch. 112. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS · Art. B. VALIDITY

Statute text

View on source
(a)The rule against perpetuities applies to an interest in a trust other than a charitable trust.
(b)For purposes of this section, the effective date is the date the governing instrument creating an interest in the trust becomes irrevocable with respect to that interest. If an interest in one trust is distributed to another trust with a different effective date, the effective date of that interest in the second trust becomes the earlier of the effective dates of the two trusts.
(c)An interest in a trust must vest, if at all:
(1)if the effective date is on or after September 1, 2021, not later than the later of:
(A)300 years after the effective date; or
(B)21 years after some life in being at the time of the effective date, plus a period of gestation; or

Legislative history

Acts 2021, 87th Leg., R.S., Ch. 792 (H.B. 654), Sec. 1, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 446 (H.B. 2196), Sec. 3, eff. June 9, 2023.