1. (a) Except as provided by the terms of a trust and Subsection (b), this subtitle governs:

   1. (1) the duties and powers of a trustee;
   2. (2) relations among trustees; and
   3. (3) the rights and interests of a beneficiary.

2. (b) The terms of a trust prevail over any provision of this subtitle, except that the terms of a trust may not limit:

   1. (1) the requirements imposed under Section 112.031;
   2. (2) the duties and liabilities of and restrictions placed on a corporate trustee under Section 113.052 or 113.053;
   3. (3) the applicability of Section 114.007 to an exculpation term of a trust;
   4. (4) the periods of limitation for commencing a judicial proceeding regarding a trust;

   5. (5) a trustee's duty:

      1. (A) with regard to an irrevocable trust, to respond to a demand for accounting made under Section 113.151 if the demand is from a beneficiary who, at the time of the demand:

         1. (i) is entitled or permitted to receive distributions from the trust; or
         2. (ii) would receive a distribution from the trust if the trust terminated at the time of the demand;
      2. (B) to act in good faith and in accordance with the purposes of the trust; and
      3. (C) under Section 113.060 to a beneficiary described by Paragraph (A) that is 25 years of age or older; or

   6. (6) the power of a court, in the interest of justice, to take action or exercise jurisdiction, including the power to:

      1. (A) modify or terminate a trust or take other action under Section 112.054;
      2. (B) remove a trustee under Section 113.082;
      3. (C) exercise jurisdiction under Section 115.001;
      4. (D) require, dispense with, modify, or terminate a trustee's bond; or
      5. (E) adjust or deny a trustee's compensation if the trustee commits a breach of trust.

Added by Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 2, eff. January 1, 2006.