1-1        By:  Hilbert (Senate Sponsor - Whitmire)        H.B. No. 2268
    1-2        (In the Senate - Received from the House May 4, 1995;
    1-3  May 5, 1995, read first time and referred to Committee on
    1-4  Jurisprudence; May 9, 1995, reported favorably by the following
    1-5  vote:  Yeas 6, Nays 0; May 9, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the adoption of the Texas Uniform Transfers to Minors
    1-9  Act.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Chapter 141, Property Code, is amended to read as
   1-12  follows:
   1-13        Sec. 1.  SHORT TITLE.  This chapter may be cited as the Texas
   1-14  Uniform Transfers to Minors Act.
   1-15        Sec. 2.  DEFINITIONS.  In this chapter:
   1-16              (1)  "Adult" means an individual who is at least 21
   1-17  years of age.
   1-18              (2)  "Benefit plan" means an employer's plan for the
   1-19  benefit of an employee or partner or an individual retirement
   1-20  account.
   1-21              (3)  "Broker" means a person lawfully engaged in the
   1-22  business of effecting transactions in securities or commodities for
   1-23  the person's own account or for the account of another.
   1-24              (4)  "Court" means a court with original probate
   1-25  jurisdiction.
   1-26              (5)  "Custodial property" means:
   1-27                    (A)  any interest in property transferred to a
   1-28  custodian under this chapter; and
   1-29                    (B)  the income from and proceeds of that
   1-30  interest in property.
   1-31              (6)  "Custodian" means a person designated as a
   1-32  custodian under Section 10 or a successor or substitute custodian
   1-33  designated under Section 19.
   1-34              (7)  "Financial institution" means a bank, trust
   1-35  company, savings institution, or credit union chartered and
   1-36  supervised under state or federal law.
   1-37              (8)  "Guardian" means a person appointed or qualified
   1-38  by a court to act as general, limited, or temporary guardian of a
   1-39  minor's property or a person legally authorized to perform
   1-40  substantially the same functions.
   1-41              (9)  "Legal representative" means an executor,
   1-42  independent executor, administrator or independent administrator of
   1-43  a decedent's estate, an obligor under a benefit plan or other
   1-44  governing instrument, a successor legal representative, or a person
   1-45  legally authorized to perform substantially the same functions.
   1-46              (10)  "Member of the minor's family" means the minor's
   1-47  parent, stepparent, spouse, grandparent, brother, sister, uncle, or
   1-48  aunt, whether of whole or half blood or by adoption.
   1-49              (11)  "Minor" means an individual who is younger than
   1-50  21 years of age.
   1-51              (12)  "Transfer" means a transaction that creates
   1-52  custodial property under Section 10.
   1-53              (13)  "Transferor" means a person who makes a transfer
   1-54  under this chapter.
   1-55              (14)  "Trust company" means a financial institution,
   1-56  corporation, or other legal entity authorized to exercise general
   1-57  trust powers.
   1-58        Sec. 3.  SCOPE AND JURISDICTION.  (a)  This chapter applies
   1-59  to a transfer that refers to the Texas Uniform Transfers to Minors
   1-60  Act in the designation under Section 10(a) by which the transfer is
   1-61  made if at the time of the transfer, the transferor, the minor, or
   1-62  the custodian is a resident of this state or the custodial property
   1-63  is located in this state.  The custodianship created under Section
   1-64  10 remains subject to this chapter despite a subsequent change in
   1-65  residence of a transferor, the minor, or the custodian or the
   1-66  removal of custodial property from this state.
   1-67        (b)  A person designated as custodian under this chapter is
   1-68  subject to personal jurisdiction in this state with respect to any
    2-1  matter relating to the custodianship.
    2-2        (c)  A transfer that purports to be made and that is valid
    2-3  under the Uniform Transfers to Minors Act, the Uniform Gifts to
    2-4  Minors Act, or a substantially similar act of another state is
    2-5  governed by the law of the designated state and may be executed and
    2-6  is enforceable in this state if at the time of the transfer, the
    2-7  transferor, the minor, or the custodian is a resident of the
    2-8  designated state or the custodial property is located in the
    2-9  designated state.
   2-10        Sec. 4.  NOMINATION OF CUSTODIAN.  (a)  A person having the
   2-11  right to designate the recipient of property transferable on the
   2-12  occurrence of a future event may revocably nominate a custodian to
   2-13  receive the property for a minor beneficiary on the occurrence of
   2-14  that event by naming the custodian followed in substance by the
   2-15  words: "as custodian for    (name of minor)    under the Texas
   2-16  Uniform Transfers to Minors Act."  The nomination may name one or
   2-17  more persons as substitute custodians to whom the property must be
   2-18  transferred, in the order named, if the first nominated custodian
   2-19  dies before the transfer or is unable, declines, or is ineligible
   2-20  to serve.  The nomination may be made in a will, a trust, a deed,
   2-21  an instrument exercising a power of appointment, or in a writing
   2-22  designating a beneficiary of contractual rights that is registered
   2-23  with or delivered to the payor, issuer, or other obligor of the
   2-24  contractual rights.
   2-25        (b)  A custodian nominated under this section must be a
   2-26  person to whom a transfer of property of that kind may be made
   2-27  under Section 10(a).
   2-28        (c)  The nomination of a custodian under this section does
   2-29  not create custodial property until the nominating instrument
   2-30  becomes irrevocable or a transfer to the nominated custodian is
   2-31  completed under Section 10.  Unless the nomination of a custodian
   2-32  has been revoked, the custodianship becomes effective on the
   2-33  occurrence of the future event, and the custodian shall enforce a
   2-34  transfer of the custodial property under Section 10.
   2-35        Sec. 5.  TRANSFER BY GIFT OR EXERCISE OF POWER OF
   2-36  APPOINTMENT.  A person may make a transfer by irrevocable gift to,
   2-37  or the irrevocable exercise of a power of appointment in favor of,
   2-38  a custodian for the benefit of a minor under Section 10.
   2-39        Sec. 6.  TRANSFER AUTHORIZED BY WILL OR TRUST.  (a)  A legal
   2-40  representative or trustee may make an irrevocable transfer under
   2-41  Section 10 to a custodian for a minor's benefit as authorized in
   2-42  the governing will or trust.
   2-43        (b)  If the testator or settlor has nominated a custodian
   2-44  under Section 4 to receive the custodial property, the transfer
   2-45  must be made to that person.
   2-46        (c)  If the testator or settlor has not nominated a custodian
   2-47  under Section 4, or all persons nominated as custodian die before
   2-48  the transfer or are unable, decline, or are ineligible to serve,
   2-49  the legal representative or the trustee shall designate the
   2-50  custodian from among those persons eligible to serve as custodian
   2-51  for property of that kind under Section 10(a).
   2-52        Sec. 7.  OTHER TRANSFER BY FIDUCIARY.  (a)  Subject to
   2-53  Subsections (b) and (c), a guardian, legal representative, or
   2-54  trustee may make an irrevocable transfer to another adult or trust
   2-55  company as custodian for a minor's benefit under Section 10 in the
   2-56  absence of a will or under a will or trust that does not contain an
   2-57  authorization to do so.
   2-58        (b)  With the approval of the court supervising the
   2-59  guardianship, a guardian may make an irrevocable transfer to
   2-60  another adult or trust company as custodian for the minor's benefit
   2-61  under Section 10.
   2-62        (c)  A transfer under Subsection (a) or (b) may be made only
   2-63  if:
   2-64              (1)  the legal representative or trustee considers the
   2-65  transfer to be in the best interest of the minor;
   2-66              (2)  the transfer is not prohibited by or inconsistent
   2-67  with provisions of the applicable will, trust agreement, or other
   2-68  governing instrument; and
   2-69              (3)  the transfer is authorized by the court if it
   2-70  exceeds $10,000 in value.
    3-1        Sec. 8.  TRANSFER BY OBLIGOR.  (a)  Subject to Subsections
    3-2  (b) and (c), a person who is not subject to Section 6 or 7 and who
    3-3  holds property of or owes a liquidated debt to a minor who does not
    3-4  have a guardian may make an irrevocable transfer to a custodian for
    3-5  the benefit of the minor under Section 10.
    3-6        (b)  If a person who has the right to nominate a custodian
    3-7  under Section 4 has nominated a custodian under that section to
    3-8  receive the custodial property, the transfer must be made to that
    3-9  person.
   3-10        (c)  If a custodian has not been nominated under Section 4,
   3-11  or all persons nominated as custodian die before the transfer or
   3-12  are unable, decline, or are ineligible to serve, a transfer under
   3-13  this section may be made to an adult member of the minor's family
   3-14  or to a trust company unless the property exceeds $10,000 in value.
   3-15        Sec. 9.  RECEIPT FOR CUSTODIAL PROPERTY.  A written
   3-16  acknowledgment of delivery by a custodian constitutes a sufficient
   3-17  receipt and discharge for custodial property transferred to the
   3-18  custodian under this chapter.
   3-19        Sec. 10.  MANNER OF CREATING CUSTODIAL PROPERTY AND EFFECTING
   3-20  TRANSFER; DESIGNATION OF INITIAL CUSTODIAN; CONTROL.  (a)
   3-21  Custodial property is created and a transfer is made when:
   3-22              (1)  an uncertificated security or a certificated
   3-23  security in registered form is:
   3-24                    (A)  registered  in  the  name  of  the
   3-25  transferor,  an  adult  other  than the  transferor, or a  trust
   3-26  company, followed   in   substance  by  the   words:  "as custodian
   3-27  for     (name of minor)     under the Texas Uniform Transfers to
   3-28  Minors Act"; or
   3-29                    (B)  delivered if in certificated form, or any
   3-30  document necessary for the transfer of an uncertificated security
   3-31  is delivered, with any necessary endorsement to an adult other than
   3-32  the transferor or to a trust company as custodian, accompanied by
   3-33  an instrument in substantially the form set forth in Subsection
   3-34  (b);
   3-35              (2)  money is paid or delivered, or a security held in
   3-36  the name of a broker, financial institution, or its nominee is
   3-37  transferred, to a broker or financial institution for credit to an
   3-38  account in the name of the transferor, an adult other than the
   3-39  transferor, or a trust company, followed in substance by the words:
   3-40  "as custodian for    (name of minor)    under the Texas Uniform
   3-41  Transfers to Minors Act";
   3-42              (3)  the ownership of a life or endowment insurance
   3-43  policy or annuity contract is:
   3-44                    (A)  registered with the issuer in the name of
   3-45  the transferor, an adult other than the transferor, or a trust
   3-46  company, followed in substance by the words:  "as custodian for
   3-47     (name of minor)    under the Texas Uniform Transfers to Minors
   3-48  Act"; or
   3-49                    (B)  assigned in a writing delivered to an adult
   3-50  other than the transferor or to a trust company whose name in the
   3-51  assignment is followed in substance by the words:  "as custodian
   3-52  for    (name of minor)    under the Texas Uniform Transfers to
   3-53  Minors Act";
   3-54              (4)  an irrevocable exercise of a power of appointment
   3-55  or an irrevocable present right to future payment under a contract
   3-56  is the subject of a written notification delivered to the payor,
   3-57  issuer, or other obligor that the right is transferred to the
   3-58  transferor, an adult other than the transferor, or a trust company,
   3-59  whose name in the notification is followed in substance by the
   3-60  words: "as custodian for    (name of minor)    under the Texas
   3-61  Uniform Transfers to Minors Act";
   3-62              (5)  an  interest  in real  property  is conveyed by
   3-63  instrument recorded in the  real  property  records  in  the
   3-64  county  in  which  the  real  property  is  located to  the
   3-65  transferor, an  adult  other  than  the  transferor,  or  a  trust
   3-66  company, followed   in substance    by    the   words:   "as
   3-67  custodian  for     (name of minor)    under the Texas Uniform
   3-68  Transfers to Minors Act";
   3-69              (6)  a certificate of title issued by a department or
   3-70  agency of a state or of the United States that evidences title to
    4-1  tangible personal property is:
    4-2                    (A)  issued in the name of the transferor, an
    4-3  adult other than the transferor, or a trust company, followed in
    4-4  substance by the words:  "as custodian for    (name of minor)   
    4-5  under the Texas Uniform Transfers to Minors Act"; or
    4-6                    (B)  delivered to an adult other than the
    4-7  transferor or to a trust company,  endorsed  to  that   person
    4-8  followed   in    substance   by   the   words:   "as  a   custodian
    4-9  for    (name of minor)    under the Texas Uniform Transfers to
   4-10  Minors Act"; or
   4-11              (7)  an interest in any property not described in
   4-12  Subdivisions (1)-(6) is transferred to an adult other than the
   4-13  transferor or to a trust company by a written instrument in
   4-14  substantially the form set forth in Subsection (b).
   4-15        (b)  An instrument in the following form satisfies the
   4-16  requirements of Subsections (a)(1)(B) and (7):
   4-17                       TRANSFER UNDER THE TEXAS
   4-18                    UNIFORM TRANSFERS TO MINORS ACT
   4-19        I, _____________________________ (name of transferor or name
   4-20  and representative capacity if a fiduciary) hereby transfer to
   4-21  __________________ (name of custodian), as custodian for
   4-22  _______________ (name of minor) under the Texas Uniform Transfers
   4-23  to Minors Act, the following: (insert a description of the
   4-24  custodial property sufficient to identify it).
   4-25  Dated: ___________________
   4-26  __________________________(Signature)
   4-27  ____________________________ (name of custodian) acknowledges
   4-28  receipt of the property described above as custodian for the minor
   4-29  named above under the Texas Uniform Transfers to Minors Act.
   4-30  Dated: ________________________
   4-31  _______________________________
   4-32  _______(Signature of Custodian)
   4-33        (c)  A transferor shall place the custodian in control of the
   4-34  custodial property as soon as practicable.
   4-35        Sec. 11.  SINGLE CUSTODIANSHIP.  A transfer may be made only
   4-36  for one minor, and only one person may be the custodian.  All
   4-37  custodial property held under this chapter by the same custodian
   4-38  for the benefit of the same minor constitutes a single
   4-39  custodianship.
   4-40        Sec. 12.  VALIDITY AND EFFECT OF TRANSFER.  (a)  The validity
   4-41  of a transfer made in a manner prescribed by this chapter is not
   4-42  affected by the:
   4-43              (1)  transferor's failure to comply with Section 10(c)
   4-44  concerning possession and control;
   4-45              (2)  designation of an ineligible custodian, except
   4-46  designation of the transferor in the case of property for which the
   4-47  transferor is ineligible to serve as custodian under Section 10(a);
   4-48  or
   4-49              (3)  death or incapacity of a person nominated under
   4-50  Section 4 or designated under Section 10 as custodian or the
   4-51  disclaimer of the office by that person.
   4-52        (b)  A transfer made under Section 10 is irrevocable, and the
   4-53  custodial property is indefeasibly vested in the minor.  The
   4-54  custodian has all the rights, powers, duties, and authority
   4-55  provided in this chapter, and the minor or the minor's legal
   4-56  representative does not have any right, power, duty, or authority
   4-57  with respect to the custodial property except as provided by this
   4-58  chapter.
   4-59        (c)  By making a transfer, the transferor incorporates all
   4-60  the provisions of this chapter in the disposition and grants to the
   4-61  custodian, or to any third person dealing with a person designated
   4-62  as custodian, the respective powers, rights and immunities provided
   4-63  by this chapter.
   4-64        Sec. 13.  CARE OF CUSTODIAL PROPERTY.  (a)  A custodian
   4-65  shall:
   4-66              (1)  take control of custodial property;
   4-67              (2)  register or record title to custodial property if
   4-68  appropriate; and
   4-69              (3)  collect, hold, manage, sell, convey, invest, and
   4-70  reinvest custodial property.
    5-1        (b)  In dealing with custodial property, a custodian shall
    5-2  observe the standard of care that would be observed by a prudent
    5-3  person dealing with property of another and is not limited by any
    5-4  other statute restricting investments by fiduciaries.  If a
    5-5  custodian has a special skill or expertise, the custodian shall use
    5-6  that skill or expertise.  However, a custodian, in the custodian's
    5-7  discretion and without liability to the minor or the minor's
    5-8  estate, may retain any custodial property received from a
    5-9  transferor.
   5-10        (c)  A custodian may invest in or pay premiums on life
   5-11  insurance or endowment policies on the life of:
   5-12              (1)  the minor only if the minor or the minor's estate
   5-13  is the sole beneficiary; or
   5-14              (2)  another person in whom the minor has an insurable
   5-15  interest only to the extent that the minor, the minor's estate, or
   5-16  the custodian in the capacity of the custodian is the irrevocable
   5-17  beneficiary.
   5-18        (d)  A custodian at all times shall keep custodial property
   5-19  separate and distinct from all other property in a manner
   5-20  sufficient to identify it clearly as custodial property of the
   5-21  minor.  Custodial property consisting of an undivided interest is
   5-22  so identified if the minor's interest is held as a tenant in common
   5-23  and is fixed.  Custodial property subject to recordation is so
   5-24  identified if it is recorded, and custodial property subject to
   5-25  registration is so identified if it is registered, or held in an
   5-26  account designated, in the name of the custodian followed in
   5-27  substance by the words:  "as custodian for ________________ (name
   5-28  of minor) under the Texas Uniform Transfers to Minors Act."
   5-29        (e)  A custodian shall keep records of all transactions with
   5-30  respect to custodial property, including information necessary for
   5-31  the preparation of the minor's tax returns, and shall make the
   5-32  records available for inspection at reasonable intervals by a
   5-33  parent or legal representative of the minor or by the minor if the
   5-34  minor is at least 14 years of age.
   5-35        Sec. 14.  POWERS OF CUSTODIAN.  (a)  A custodian, acting in a
   5-36  custodial capacity, has all the rights, powers, and authority over
   5-37  custodial property that unmarried adult owners have over their own
   5-38  property, but a custodian may exercise those rights, powers, and
   5-39  authority in that capacity only.
   5-40        (b)  This section does not relieve a custodian from liability
   5-41  for breach of Section 13.
   5-42        Sec. 15.  USE OF CUSTODIAL PROPERTY.  (a)  A custodian may
   5-43  deliver or pay to the minor or expend for the minor's benefit as
   5-44  much of the custodial property as the custodian considers advisable
   5-45  for the use and benefit of the minor, without court order and
   5-46  without regard to:
   5-47              (1)  the duty or ability of the custodian personally or
   5-48  of any other person to support the minor; or
   5-49              (2)  any other income or property of the minor that may
   5-50  be applicable or available for that purpose.
   5-51        (b)  On petition of an interested person or the minor if the
   5-52  minor is at least 14 years of age, the court may order the
   5-53  custodian to deliver or pay to the minor or expend for the minor's
   5-54  benefit as much of the custodial property as the court considers
   5-55  advisable for the use and benefit of the minor.
   5-56        (c)  A delivery, payment, or expenditure under this section
   5-57  is in addition to, not in substitution for, and does not affect any
   5-58  obligation of a person to support the minor.
   5-59        Sec. 16.  CUSTODIAN'S EXPENSES, COMPENSATION, AND BOND.  (a)
   5-60  A custodian is entitled to reimbursement from custodial property
   5-61  for reasonable expenses incurred in the performance of the
   5-62  custodian's duties.
   5-63        (b)  Except for one who is a transferor under Section 5, a
   5-64  custodian has a noncumulative election during each calendar year to
   5-65  charge reasonable compensation for services performed by the
   5-66  custodian during that year.
   5-67        (c)  Except as provided by Section 19(f), a custodian is not
   5-68  required to give a bond.
   5-69        Sec. 17.  EXEMPTION OF THIRD PERSON FROM LIABILITY.  A third
   5-70  person, in good faith and without court order, may act on the
    6-1  instructions of or otherwise deal with any person purporting to
    6-2  make a transfer or act in the capacity of a custodian and, in the
    6-3  absence of knowledge, is not responsible for determining the:
    6-4              (1)  validity of the purported custodian's designation;
    6-5              (2)  propriety of, or the authority under this chapter
    6-6  for, any act of the purported custodian;
    6-7              (3)  validity or propriety under this chapter of any
    6-8  instrument or instructions executed or given by the person
    6-9  purporting to make a transfer or by the purported custodian; or
   6-10              (4)  propriety of the application of the minor's
   6-11  property delivered to the purported custodian.
   6-12        Sec. 18.  LIABILITY TO THIRD PERSON.  (a)  A claim based on a
   6-13  contract entered into by a custodian acting in a custodial
   6-14  capacity, an obligation arising from the ownership or control of
   6-15  custodial property, or a tort committed during the custodianship
   6-16  may be asserted against the custodial property by proceeding
   6-17  against the custodian in the custodian's custodial capacity,
   6-18  whether or not the custodian or the minor is personally liable for
   6-19  the claim.
   6-20        (b)  A custodian is not personally liable:
   6-21              (1)  on a contract properly entered into in the
   6-22  custodian's custodial capacity unless the custodian fails to reveal
   6-23  that capacity and to identify the custodianship in the contract; or
   6-24              (2)  for an obligation arising from control of
   6-25  custodial property or for a tort committed during the custodianship
   6-26  unless the custodian is personally at fault.
   6-27        (c)  A minor is not personally liable for an obligation
   6-28  arising from ownership of custodial property or for a tort
   6-29  committed during the custodianship unless the minor is personally
   6-30  at fault.
   6-31        Sec. 19.  RENUNCIATION, RESIGNATION, DEATH, OR REMOVAL OF
   6-32  CUSTODIAN; DESIGNATION OF SUCCESSOR CUSTODIAN.  (a)  A person
   6-33  nominated to serve as a custodian under Section 4 or designated to
   6-34  serve as a custodian under Section 10 may decline to serve as
   6-35  custodian by delivering written notice to the person who made the
   6-36  nomination or to the transferor's legal representative.  If the
   6-37  event giving rise to a transfer has not occurred and no substitute
   6-38  custodian who is able, willing, and eligible to serve was nominated
   6-39  under Section 4, the person who made the nomination may nominate a
   6-40  substitute custodian under Section 4; otherwise the transferor or
   6-41  the transferor's legal representative shall designate a substitute
   6-42  custodian at the time of the transfer, in either case from among
   6-43  the persons eligible to serve as custodian for that kind of
   6-44  property under Section 10(a).  A substitute custodian designated
   6-45  under this section has the rights of a successor custodian.
   6-46        (b)  A custodian at any time may designate as successor
   6-47  custodian a trust company or an adult other than a transferor under
   6-48  Section 5 by executing and dating an instrument of designation
   6-49  before a subscribing witness other than the successor.  If the
   6-50  instrument of designation does not contain or is not accompanied by
   6-51  the custodian's resignation, the designation of the successor does
   6-52  not take effect until the custodian resigns, dies, becomes
   6-53  incapacitated, or is removed.
   6-54        (c)  A custodian may resign at any time by delivering:
   6-55              (1)  written notice to the successor custodian and to
   6-56  the minor if the minor is at least 14 years of age; and
   6-57              (2)  the custodial property to the successor custodian.
   6-58        (d)  If a custodian is ineligible, dies, or becomes
   6-59  incapacitated without having effectively designated a successor and
   6-60  the minor is at least 14 years of age, the minor may designate as
   6-61  successor custodian an adult member of the minor's family, a
   6-62  guardian of the minor, or a trust company in the manner prescribed
   6-63  by Subsection (b).  If the minor is younger than 14 years of age or
   6-64  fails to act within 60 days after the ineligibility, death, or
   6-65  incapacity of the custodian, the minor's guardian becomes successor
   6-66  custodian.  If the minor has no guardian or the minor's guardian
   6-67  declines to act, the transferor, the legal representative of the
   6-68  transferor or of the custodian, an adult member of the minor's
   6-69  family, or any other interested person may petition the court to
   6-70  designate a successor custodian.
    7-1        (e)  As soon as practicable, a custodian who declines to
    7-2  serve under Subsection (a) or resigns under Subsection (c), or the
    7-3  legal representative of a deceased or incapacitated custodian,
    7-4  shall put the custodial property and records in the possession and
    7-5  control of the successor custodian.   The successor custodian by
    7-6  action may enforce the obligation to deliver custodial property and
    7-7  records and becomes responsible for each item as received.
    7-8        (f)  A transferor, the legal representative of a transferor,
    7-9  an adult member of the minor's family, a guardian of the person of
   7-10  the minor, the guardian of the minor, or the minor if the minor is
   7-11  at least 14 years of age may petition the court to:
   7-12              (1)  remove the custodian for cause and designate a
   7-13  successor custodian other than a transferor under Section 5; or
   7-14              (2)  require the custodian to give appropriate bond.
   7-15        Sec. 20.  ACCOUNTING BY AND DETERMINATION OF LIABILITY.  (a)
   7-16  A minor who is at least 14 years of age, the minor's guardian of
   7-17  the person or legal representative, an adult member of the minor's
   7-18  family, a transferor, or a transferor's legal representative may
   7-19  petition the court for:
   7-20              (1)  an accounting by the custodian or the custodian's
   7-21  legal representative; or
   7-22              (2)  a determination of responsibility, as between the
   7-23  custodial property and the custodian personally, for claims against
   7-24  the custodial property unless the responsibility has been
   7-25  adjudicated in an action under Section 18 to which the minor or the
   7-26  minor's legal representative was a party.
   7-27        (b)  A successor custodian may petition the court for an
   7-28  accounting by the predecessor custodian.
   7-29        (c)  The court, in a proceeding under this chapter or in any
   7-30  other proceeding, may require or permit the custodian or the
   7-31  custodian's legal representative to account.
   7-32        (d)  If a custodian is removed under Section 19(f), the court
   7-33  shall require an accounting and order delivery of the custodial
   7-34  property and records to the successor custodian and the execution
   7-35  of all instruments required for transfer of the custodial property.
   7-36        Sec. 21.  TERMINATION OF CUSTODIANSHIP.  The custodian shall
   7-37  transfer in an appropriate manner the custodial property to the
   7-38  minor or to the minor's estate on the earlier of the date:
   7-39              (1)  the minor attains 21 years of age, with respect to
   7-40  custodial property transferred under Section 5 or 6;
   7-41              (2)  the minor attains the age of majority under the
   7-42  laws of this state other than this chapter, with respect to
   7-43  custodial property transferred under Section 7 or 8; or
   7-44              (3)  the minor's death.
   7-45        Sec. 22.  APPLICABILITY.  This chapter applies to a transfer
   7-46  within the scope of Section 3 made after September 1, 1995, if:
   7-47              (1)  the transfer purports to have been made under the
   7-48  Texas Uniform Gifts to Minors Act; or
   7-49              (2)  the instrument by which the transfer purports to
   7-50  have been made uses in substance the designation "as custodian
   7-51  under the Uniform Gifts to Minors Act" or "as custodian under the
   7-52  Uniform Transfers to Minors Act" of any other state, and the
   7-53  application of this chapter is necessary to validate the transfer.
   7-54        Sec. 23.  EFFECT ON EXISTING CUSTODIANSHIPS.  (a)  Any
   7-55  transfer of custodial property under this chapter made before
   7-56  September 1, 1995, is validated notwithstanding that there was no
   7-57  specific authority in this chapter for the coverage of custodial
   7-58  property of that kind or for a transfer from that source at the
   7-59  time the transfer was made.
   7-60        (b)  Sections 2 and 21, with respect to the age of a minor
   7-61  for whom custodial property is held under this chapter, do not
   7-62  apply to custodial property held in a custodianship that terminated
   7-63  because the minor attained the age of 18 after August 26, 1973, and
   7-64  before September 1, 1995.
   7-65        Sec. 24.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  This
   7-66  chapter shall be applied and construed to effect its general
   7-67  purpose, to make uniform the law with respect to the subject of
   7-68  this chapter among states enacting that law.
   7-69                  <SUBCHAPTER A.  GENERAL PROVISIONS>
   7-70        <Sec. 141.001.  SHORT TITLE.  This chapter may be cited as
    8-1  the Texas Uniform Gifts to Minors Act.>
    8-2        <Sec. 141.002.  DEFINITIONS.  In this chapter:>
    8-3              <(1)  "Adult" means an individual who is 18 years of
    8-4  age or older.>
    8-5              <(2)  "Bank" means a state or national bank, a state or
    8-6  federal savings and loan association, a federal credit union, or an
    8-7  insured credit union chartered under the laws of this state.>
    8-8              <(3)  "Broker" means a person lawfully in the business
    8-9  of effecting transactions in securities for the account of others.
   8-10  The term includes a bank that effects those transactions.  It also
   8-11  includes a person who buys and sells securities for the person's
   8-12  own account, through a broker or otherwise, as part of a regular
   8-13  business.>
   8-14              <(4)  "Court" means a court with original probate
   8-15  jurisdiction.>
   8-16              <(5)  "Custodial property" includes the property given
   8-17  to a minor under this chapter, the income from the property, and
   8-18  the direct and indirect proceeds from the disposition of the
   8-19  property.>
   8-20              <(6)  "Custodian" means the person designated to hold
   8-21  property given to a minor under this chapter.>
   8-22              <(7)  "Guardian" means a general guardian, guardian,
   8-23  tutor, or curator of the property, estate, or person of a minor.>
   8-24              <(8)  "Issuer" means an individual, a firm, or a
   8-25  corporation that places its name on a security, other than as
   8-26  transfer agent, as evidence that the security represents a share,
   8-27  right of participation, or other interest in property or an
   8-28  enterprise or as evidence of a duty represented by the security,
   8-29  including a substitute for the responsibilities of the issuer.>
   8-30              <(9)  "Legal representative" means the executor,
   8-31  independent executor, administrator, independent administrator,
   8-32  general guardian, guardian, committee, conservator, tutor, or
   8-33  curator of a person's property or estate.>
   8-34              <(10)  "Life or endowment insurance policy" or "annuity
   8-35  contract" means a life or endowment insurance policy or annuity
   8-36  contract on the life of a minor or a member of the minor's family.>
   8-37              <(11)  "Member of a minor's family" means a minor's
   8-38  parent, grandparent, brother, sister, aunt, or uncle, whether by
   8-39  blood or adoption.>
   8-40              <(12)  "Minor" means an individual who is less than 18
   8-41  years of age and who has never been married, except for an
   8-42  individual whose disabilities of minority have been generally
   8-43  removed.>
   8-44              <(13)  "Registered security" means a security that
   8-45  identifies the owner of the security or the rights it evidences,
   8-46  the transfer of which may be registered on the transfer books of
   8-47  the issuer.>
   8-48              <(14)  "Security" means any interest or instrument
   8-49  commonly known as a security, including a note, stock, treasury
   8-50  stock, bond, debenture, evidence of indebtedness, collateral trust
   8-51  certificate, transferable share, voting trust certificate,
   8-52  investment contract, an oil, gas, or mining title or lease,
   8-53  production payments under an oil, gas, or mining title or lease, as
   8-54  well as a certificate of interest or participation in, a temporary
   8-55  or interim receipt or certificate of deposit for, or a warrant or
   8-56  right to subscribe to or purchase a security.  The term does not
   8-57  include an interest or instrument issued by the donor.>
   8-58              <(15)  "Transfer agent" means an individual, a firm, or
   8-59  a corporation that is an authenticating trustee, registrar, or
   8-60  other agent registering the issuance, transfer, or cancellation of
   8-61  securities for an issuer.>
   8-62              <(16)  "Trust company" means a bank or company
   8-63  authorized to exercise trust powers in this state.>
   8-64        <Sec. 141.003.  GIFTS TO MINORS.  (a)  An adult may make an
   8-65  inter vivos gift under this chapter to an individual who is a minor
   8-66  on the date of the gift by beneficiary designation with a company
   8-67  that has issued a life or endowment insurance policy or annuity
   8-68  contract.>
   8-69        <(b)  An adult may make an inter vivos or a testamentary gift
   8-70  under this chapter to an individual who is a minor on the date of
    9-1  the gift if the gift is:>
    9-2              <(1)  money;>
    9-3              <(2)  a security;>
    9-4              <(3)  a life or endowment insurance policy or its
    9-5  proceeds;>
    9-6              <(4)  an annuity contract or its proceeds;>
    9-7              <(5)  real property; or>
    9-8              <(6)  tangible personal property.>
    9-9        <(c)  A legal representative of a decedent's estate who has
   9-10  received letters of office or a trustee of a trust on behalf of a
   9-11  minor who is an heir, legatee, or devisee of the decedent's estate
   9-12  or a beneficiary of the trust may pay or transfer to a custodian
   9-13  for the minor under this chapter or under a comparable Uniform
   9-14  Gifts to Minors Act of another jurisdiction, without a court order,
   9-15  property that is distributable to the minor and eligible for a gift
   9-16  if:>
   9-17              <(1)  the representative or trustee considers the
   9-18  distribution to be in the best interest of the minor; and>
   9-19              <(2)  the distribution is not expressly forbidden by a
   9-20  will, trust agreement, court order, or other instrument governing
   9-21  disposition of the property.>
   9-22        <(d)  A legal representative or trustee paying or
   9-23  transferring property under Subsection (c) shall designate an adult
   9-24  member of the minor's family or a guardian of the minor to serve as
   9-25  custodian of the property.  The custodianship is governed by this
   9-26  chapter as though the representative or trustee were a donor.  The
   9-27  legal representative or trustee is released from responsibility for
   9-28  the distributed assets on obtaining a receipt from the custodian.>
   9-29        <(e)  A gift under this chapter may not be made to more than
   9-30  one minor, and there may be only one custodian of the gift.>
   9-31        <(f)  A donor who makes a gift under this chapter shall
   9-32  promptly put the gift in the possession and control of the
   9-33  custodian.  The consummation of a gift under this chapter is not
   9-34  affected by:>
   9-35              <(1)  the failure of the donor to deliver the gift;>
   9-36              <(2)  the donor's designation of an ineligible person
   9-37  as custodian; or>
   9-38              <(3)  refusal of the custodian to serve.>
   9-39        <Sec. 141.004.  MANNER OF MAKING GIFT.  (a)  For the purpose
   9-40  of this chapter, gifts are made in the manner provided by this
   9-41  section.>
   9-42        <(b)  A donor makes a gift of a registered security by
   9-43  registering it in the name of the donor, another adult person, or a
   9-44  trust company   followed,  in substance,  by:  "as  custodian  for
   9-45  (name of minor) under the Texas Uniform Gifts to Minors Act.">
   9-46        <(c)  A donor makes a gift of an unregistered security by
   9-47  delivering to another adult person or to a trust company the
   9-48  security and a statement of gift signed by the donor and the
   9-49  custodian that states, in substance:>
   9-50          <"GIFT UNDER THE TEXAS UNIFORM GIFTS TO MINORS ACT>
   9-51  <I, (name of donor), hereby deliver to (name of custodian) as
   9-52  custodian for (name of minor) under the Texas Uniform Gifts to
   9-53  Minors Act, the following security(ies):  (insert an appropriate
   9-54  description of the security or securities delivered that is
   9-55  sufficient to identify it or them)>
   9-56  <(signature of donor)>
   9-57  <(name of custodian) hereby acknowledges receipt of the above
   9-58  described security(ies) as custodian for the above minor under the
   9-59  Texas Uniform Gifts to Minors Act.>
   9-60  <Dated:  ___________________>
   9-61  <(signature of custodian).">
   9-62        <(d)  A donor makes a gift of money by paying or delivering
   9-63  it to a broker or a bank for credit to an account in the name of
   9-64  the donor, another adult, or a bank with trust powers followed, in
   9-65  substance, by:  "as custodian for (name of minor) under the Texas
   9-66  Uniform Gifts to Minors Act.">
   9-67        <(e)  A donor makes a gift of a life or endowment insurance
   9-68  policy or an annuity contract by delivering the policy or contract
   9-69  to the custodian after it has been assigned to the custodian, in
   9-70  the custodian's name, followed, in substance, by:  "as custodian
   10-1  for (name of minor) under the Texas Uniform Gifts to Minors Act.">
   10-2        <(f)  A donor makes a gift of the proceeds of a life or
   10-3  endowment insurance policy or an annuity contract by making the
   10-4  proceeds payable to the custodian in the custodian's name,
   10-5  followed, in substance, by:  "as custodian for (name of minor)
   10-6  under the Texas Uniform Gifts to Minors Act.">
   10-7        <(g)  A donor makes a gift of an interest in real property by
   10-8  executing and delivering the appropriate conveyance of the interest
   10-9  to the custodian in the custodian's name, followed, in substance,
  10-10  by:  "as custodian for (name of minor) under the Texas Uniform
  10-11  Gifts to Minors Act.">
  10-12        <(h)  A donor makes a gift of an interest in tangible
  10-13  personal property by transferring the property by the appropriate
  10-14  document to the custodian in the custodian's name, followed, in
  10-15  substance, by:  "as custodian for (name of minor) under the Texas
  10-16  Uniform Gifts to Minors Act.">
  10-17        <(i)  A donor makes a gift of property under a will or a
  10-18  trust by giving the property to an adult or to a trust company
  10-19  followed, in substance, by:  "as custodian for (name of minor)
  10-20  under the Texas Uniform Gifts to Minors Act.">
  10-21        <(j)  If the donor of a gift under Subsection (i) does not
  10-22  designate a custodian or if the designated custodian dies or is
  10-23  unable or unwilling to serve, the personal representative or
  10-24  trustee shall designate a custodian from those that are eligible
  10-25  under this chapter to serve as successor custodian, and the
  10-26  representative or trustee shall transfer the gift to the custodian
  10-27  in the form and manner provided by this chapter.  The custodian's
  10-28  receipt is a release and discharge for the gift.>
  10-29        <(k)  A personal representative may elect the procedures
  10-30  under this chapter to distribute a testamentary gift.>
  10-31        <Sec. 141.005.  EFFECT OF GIFT.   (a)  A gift under this
  10-32  chapter is irrevocable and indefeasibly vests legal title to the
  10-33  property in the minor, but a guardian of the minor has no right,
  10-34  power, duty, or authority with respect to the custodial property
  10-35  except as provided in this chapter.>
  10-36        <(b)  A donor who makes a gift under this chapter impliedly
  10-37  incorporates the provisions of this chapter in the donor's gift,
  10-38  trust, or will and grants to the custodian and third persons
  10-39  dealing with the custodian the powers, rights, and immunities
  10-40  provided by this chapter.>
  10-41        <Sec. 141.006.  DUTIES AND POWERS OF CUSTODIAN.  (a)  A
  10-42  custodian shall collect, hold, manage, invest, and reinvest the
  10-43  custodial property.>
  10-44        <(b)  The custodian may pay to the minor or expend for the
  10-45  minor's benefit as much of the custodial property as the custodian
  10-46  considers advisable for the support, maintenance, education, and
  10-47  benefit of the minor:>
  10-48              <(1)  in the manner, at the time, and to the extent the
  10-49  custodian considers suitable and proper;>
  10-50              <(2)  without a court order;>
  10-51              <(3)  without regard to the duty or ability of the
  10-52  custodian or another person to support the minor;>
  10-53              <(4)  without regard to the minor's ability to provide
  10-54  support; and>
  10-55              <(5)  without regard to the minor's other income or
  10-56  property that may be applicable to or available for the minor's
  10-57  support.>
  10-58        <(c)  The custodian shall deliver or pay unexpended custodial
  10-59  property:>
  10-60              <(1)  to the minor, if the minor becomes 18 years of
  10-61  age or ceases to be a minor because of marriage or the general
  10-62  removal of disabilities of minority; or>
  10-63              <(2)  to the minor's estate, if the minor dies before
  10-64  becoming 18 years of age.>
  10-65        <(d)  Notwithstanding statutes restricting the investments of
  10-66  fiduciaries, the custodian shall invest and reinvest the custodial
  10-67  property as would a prudent person of discretion and intelligence
  10-68  who is seeking a reasonable income and the preservation of the
  10-69  person's capital, except that the custodian may retain, in the
  10-70  custodian's discretion and without liability to the minor or the
   11-1  minor's estate, a security given to the minor under this chapter.>
   11-2        <(e)  The custodian may dispose of custodial property in a
   11-3  manner, when, for the price, and on the terms the custodian
   11-4  considers desirable, but the custodian may only acquire as
   11-5  custodial property a security, money, a life or endowment insurance
   11-6  policy, an annuity contract, real property, or, if the custodian is
   11-7  a trust company, an interest in one or more common trust funds
   11-8  maintained by the custodian under Subchapter E, Chapter 113.>
   11-9        <(f)  If the issuer of a security that is custodial property
  11-10  is dissolved or liquidated, the custodian may receive the minor's
  11-11  share of any property resulting from the dissolution or liquidation
  11-12  and retain and manage it as custodial property, but the custodian
  11-13  may sell or exchange it only for property authorized to be acquired
  11-14  as custodial property.>
  11-15        <(g)  The custodian may vote a security, insurance policy, or
  11-16  annuity contract held as custodial property in person or by general
  11-17  or limited proxy.>
  11-18        <(h)  The custodian may consent directly or through a
  11-19  committee or other agent to any action by the issuer of a security
  11-20  held as custodial property, including the:>
  11-21              <(1)  reorganization, consolidation, merger,
  11-22  dissolution, or liquidation of the issuer; or>
  11-23              <(2)  sale, lease, pledge, or mortgage of property by
  11-24  or to the issuer.>
  11-25        <(i)  The custodian may execute and deliver any instrument
  11-26  the custodian considers advisable to carry out the custodian's
  11-27  powers.>
  11-28        <(j)  The custodian may perform the same acts regarding
  11-29  custodial real property as an unmarried adult or a trustee under
  11-30  the Texas Trust Code (Chapters 111 through 115) may perform in
  11-31  regard to real property.>
  11-32        <(k)  The custodian shall:>
  11-33              <(1)  register custodial securities that may be
  11-34  registered in the name of the custodian followed, in substance, by:
  11-35  "as custodian for (name of minor) under the Texas Uniform Gifts to
  11-36  Minors Act";>
  11-37              <(2)  deposit custodial money with a broker or in a
  11-38  bank in the name of the custodian followed, in substance, by:  "as
  11-39  custodian for (name of minor) under the Texas Uniform Gifts to
  11-40  Minors Act"; and>
  11-41              <(3)  clearly identify other custodial property as
  11-42  custodial property and keep the custodial property separate from
  11-43  the custodian's own property.>
  11-44        <(l)  The custodian shall keep records of all transactions
  11-45  involving custodial property and shall allow inspection of the
  11-46  records at reasonable intervals by:>
  11-47              <(1)  a parent of the minor;>
  11-48              <(2)  a legal representative of the minor; or>
  11-49              <(3)  the minor, if the minor is 14 years of age or
  11-50  older.>
  11-51        <(m)  The custodian has the same incidents of ownership
  11-52  concerning a life or endowment insurance policy or an annuity
  11-53  contract that is part of the custodial property that an owner would
  11-54  have, and the custodian may use custodial property to pay premiums
  11-55  on the policy or contract.  If the policy or contract is on the
  11-56  life of the minor, the custodian shall designate the minor's estate
  11-57  as the beneficiary of the policy or contract.  If the policy or
  11-58  contract is on the life of a person other than the minor, the
  11-59  custodian shall be the beneficiary as custodian for the minor.>
  11-60        <(n)  In addition to the custodian's other rights and powers
  11-61  under this chapter, the custodian has as a power in trust the same
  11-62  rights and powers regarding the custodial property as a guardian
  11-63  has regarding noncustodial property.>
  11-64        <Sec. 141.007.  CUSTODIAN'S EXPENSES, COMPENSATION, BOND, AND
  11-65  LIABILITIES.  (a)  A custodian is entitled to reimbursement from
  11-66  the custodial property for reasonable expenses incurred in the
  11-67  performance of the custodian's duties.>
  11-68        <(b)  The custodian may serve without compensation, or a
  11-69  custodian who is not the donor may receive from the custodial
  11-70  property a reasonable compensation for service determined, in the
   12-1  following order, by:>
   12-2              <(1)  the instructions of the donor at the time the
   12-3  gift is made;>
   12-4              <(2)  the statute applicable to guardians; or>
   12-5              <(3)  a court order.>
   12-6        <(c)  Except as provided by Section 141.009, the custodian is
   12-7  not required to give a performance bond.>
   12-8        <(d)  A custodian that is not compensated for services is not
   12-9  liable for a loss to the custodial property unless the loss results
  12-10  from the custodian's:>
  12-11              <(1)  bad faith;>
  12-12              <(2)  intentional wrongdoing;>
  12-13              <(3)  gross negligence; or>
  12-14              <(4)  failure to maintain the standard of prudence
  12-15  required by this chapter in investing the custodial property.>
  12-16        <Sec. 141.008.  EXEMPTION OF THIRD PERSONS FROM LIABILITY.
  12-17  An issuer, transfer agent, bank, broker, or other person acting on
  12-18  the instructions of or otherwise dealing with a person who purports
  12-19  to be a donor or custodian under this chapter is not responsible
  12-20  for:>
  12-21              <(1)  determining if the person designated by the donor
  12-22  or acting as custodian has been duly designated;>
  12-23              <(2)  determining if an act of the person, including a
  12-24  purchase, sale, or transfer to or by the person, is in accordance
  12-25  with or authorized by this chapter;>
  12-26              <(3)  questioning the validity or propriety under this
  12-27  chapter of an instrument or any instructions executed or given by a
  12-28  person acting as donor or custodian; or>
  12-29              <(4)  overseeing the application by a custodian of
  12-30  money or other property paid or delivered to the custodian.>
  12-31        <Sec. 141.009.  RESIGNATION, DEATH, OR REMOVAL OF CUSTODIAN;
  12-32  BOND.  (a)  A custodian, including a custodian who is the donor,
  12-33  may petition the court for permission to resign and for the
  12-34  designation of a successor custodian.>
  12-35        <(b)  A donor, the legal representative of a donor, an adult
  12-36  member of the minor's family, a guardian of the minor, or the minor
  12-37  if the minor is 14 years of age or older may petition the court,
  12-38  for cause shown in the petition, to remove the custodian and permit
  12-39  the designation of a successor or alternatively to require the
  12-40  custodian to give a performance bond.>
  12-41        <(c)  On receiving a petition under this section, the court
  12-42  shall issue an order to the persons, returnable on such notice as
  12-43  the court requires, to show cause why the petition should not be
  12-44  granted.  The court may grant the relief the court considers in the
  12-45  best interest of the minor.>
  12-46        <Sec. 141.010.  SUCCESSOR CUSTODIAN.  (a)  Only an adult
  12-47  member of the minor's family, a guardian of the minor, or a trust
  12-48  company is eligible to serve as successor custodian.>
  12-49        <(b)  The successor custodian has the same rights, powers,
  12-50  duties, and immunities as the original custodian.>
  12-51        <(c)  The successor custodian is:>
  12-52              <(1)  the person designated by the resigning custodian,
  12-53  other than the donor, in an instrument of resignation executed by
  12-54  the custodian in the presence of a subscribing witness, other than
  12-55  the successor, and delivered to the minor and the successor;>
  12-56              <(2)  if the custodian does not effectively designate a
  12-57  successor, an eligible person that is designated by the donor in a
  12-58  dated instrument of designation executed by the donor in the
  12-59  presence of a subscribing witness other than the successor;>
  12-60              <(3)  if neither the custodian nor the donor
  12-61  effectively designates a successor, the minor's guardian, or if
  12-62  there is no guardian but the minor is 14 years of age or older, the
  12-63  person designated by the minor in the manner prescribed for the
  12-64  designation of a successor;>
  12-65              <(4)  if the custodian, donor, or guardian does not
  12-66  effectively designate a successor and the minor is less than 14
  12-67  years of age:>
  12-68                    <(A)  the person designated by a parent of the
  12-69  minor; or>
  12-70                    <(B)  if there is not a parent of the minor, the
   13-1  person designated by the court on the petition of an adult member
   13-2  of the minor's family.>
   13-3        <(d)  The designation of a successor custodian under
   13-4  Subsection (c) is effective as to each item of custodial property
   13-5  when the custodian resigns, dies, or becomes legally incapacitated
   13-6  and the custodian or the custodian's legal representative:>
   13-7              <(1)  causes a registered security, life or endowment
   13-8  insurance policy, annuity contract, or interest in real property to
   13-9  be registered in the name of or conveyed to the successor custodian
  13-10  as, in substance, "custodian for   (name of minor) under the Texas
  13-11  Uniform Gifts to Minors Act"; and>
  13-12              <(2)  delivers or causes to be delivered to the
  13-13  successor custodian the other custodial property, the instrument
  13-14  designating the successor custodian, and any other instrument
  13-15  required for the transfer to the successor.>
  13-16        <Sec. 141.011.  SUPPORT OF MINOR.  On the petition of a
  13-17  parent or guardian of the minor or on the petition of the minor if
  13-18  the minor is 14 years of age or older, the court may order the
  13-19  custodian to pay to or expend for the minor as much of the
  13-20  custodial property as is necessary for the minor's support,
  13-21  maintenance, or education.>
  13-22        <Sec. 141.012.  ACCOUNTING.  (a)  A donor, the legal
  13-23  representative of the donor, an adult member of the minor's family,
  13-24  the legal representative of the minor, or the minor if the minor is
  13-25  14 years of age or older may petition the court for an accounting
  13-26  by the custodian or the custodian's legal representative.>
  13-27        <(b)  In a proceeding under this chapter or otherwise, the
  13-28  court may require or permit the custodian or the custodian's legal
  13-29  representative to account.>
  13-30        <(c)  If the court removes the custodian, the court shall:>
  13-31              <(1)  require an accounting;>
  13-32              <(2)  order delivery of the custodial property to the
  13-33  successor custodian; and>
  13-34              <(3)  order the execution of the instruments required
  13-35  for the transfer of the custodial property.>
  13-36        <Sec. 141.013.  CONSTRUCTION.  This chapter is not the
  13-37  exclusive method for making a gift to a minor.>
  13-38        <Sec. 141.014.  PROPERTY HELD ON AUGUST 27, 1973.  (a)  If a
  13-39  custodian held property under this chapter on August 27, 1973, the
  13-40  custodian may elect to apply this chapter with respect to the minor
  13-41  and the property held at that time, along with its proceeds and
  13-42  reinvestments, as though Chapter 626, Acts of the 63rd Legislature,
  13-43  Regular Session, 1973 (Article 5923b, Vernon's Texas Civil
  13-44  Statutes), which lowered the age of majority from age 21 to age 18,
  13-45  had not been enacted.>
  13-46        <(b)  The custodian must notify the minor in writing of this
  13-47  election, after which the custodian shall treat any reference to
  13-48  the age of 18 in this chapter as a reference to the age of 21.>
  13-49        <(c)  The custodian may revoke any election made under this
  13-50  section.>
  13-51        <(d)  This section expires September 1, 1995.>
  13-52        SECTION 2.  (a)  This Act takes effect September 1, 1995, and
  13-53  applies to transfers made in a manner and form prescribed by
  13-54  Chapter 141, Property Code, as amended by this Act, on or after
  13-55  that date.
  13-56        (b)  This Act applies to transfers made before the effective
  13-57  date of this Act in a manner and form prescribed by Chapter 141,
  13-58  Property Code, as amended by this Act, except to the extent that
  13-59  the application impairs constitutionally vested rights or extends
  13-60  the duration of custodianships in existence on the effective date
  13-61  of this Act.
  13-62        SECTION 3.  The importance of this legislation and the
  13-63  crowded condition of the calendars in both houses create an
  13-64  emergency and an imperative public necessity that the
  13-65  constitutional rule requiring bills to be read on three several
  13-66  days in each house be suspended, and this rule is hereby suspended.
  13-67                               * * * * *