75R12082 PAM-D                           

         By Williams                                           H.B. No. 2936

         Substitute the following for H.B. No. 2936:

         By Telford                                        C.S.H.B. No. 2936

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to allocation of principal and income in certain trusts.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter D, Chapter 113, Property Code, is

 1-5     amended by adding Section 113.1021 to read as follows:

 1-6           Sec. 113.1021.  ALLOCATION OF PRINCIPAL AND INCOME IN CERTAIN

 1-7     TRUSTS.  (a)  Unless otherwise provided by the trust instrument, an

 1-8     increase in the value of the following obligations over the value

 1-9     at the time the obligation was acquired by the trust is income:

1-10                 (1)  a deferred annuity before annuitization; and

1-11                 (2)  a life insurance contract before the death of the

1-12     insured.

1-13           (b)  For purposes of this section and unless otherwise

1-14     provided by the trust instrument, the increase in value of an

1-15     obligation described by Subsection (a) is available for

1-16     distribution only when the trustee receives cash on account of the

1-17     obligation.  If the obligation is surrendered or partially

1-18     liquidated, the cash received must be attributed first to the

1-19     increase.  Notwithstanding Section 113.103, the increase in the

1-20     value of the obligation is available for distribution to the income

1-21     beneficiary who is the income beneficiary when the cash is received

1-22     and, if different, not to the income beneficiary who was the income

1-23     beneficiary at the time the income accrued.

1-24           (c)  Section 113.109 applies to the allocation of principal

 2-1     and income for a deferred annuity after annuitization.

 2-2           SECTION 2.  (a)  This Act takes effect September 1, 1997.

 2-3           (b)  The change in law made by this Act applies only to

 2-4     principal and income subject to allocation on or after September 1,

 2-5     1997.  Principal and income subject to allocation before September

 2-6     1, 1997, is governed by the law in effect immediately before that

 2-7     date, and the former law is continued in effect for that purpose.

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.