2025 Texas Statutes
Finance Code
Title 3 - Financial Institutions and Businesses
Subtitle A - Banks
Chapter 36 - Dissolution and Receivership
Subchapter A. General Provisions
Section 36.005. Succession of Trust Powers
Sec. 36.005. SUCCESSION OF TRUST POWERS. (a) If a state bank in the process of voluntary or involuntary dissolution and liquidation is acting as trustee, guardian, executor, administrator, or escrow agent, or in another fiduciary or custodial capacity, the banking commissioner may authorize the sale of the bank's administration of fiduciary accounts to a successor entity with fiduciary powers.
(b) The successor entity, without the necessity of action by a court or the creator or a beneficiary of the fiduciary relationship, shall:
(1) continue the office, trust, or fiduciary relationship; and
(2) perform all the duties and exercise all the powers connected with or incidental to the fiduciary relationship as if the successor entity had been originally designated as the fiduciary.
(c) This section applies to all fiduciary relationships, including a trust established for the benefit of a minor by court order under Section 142.005, Property Code. This section does not affect any right of a court or a party to the instrument governing the fiduciary relationship to subsequently designate another trustee as the successor fiduciary.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
