Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Williams H.B. No. 2936
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the allocation of principal and income in certain
1-3 trusts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 113.102, Texas Trust Code (Vernon's Texas
1-6 Statutes and Codes Annotated Property Code, Title 9.) is amended by
1-7 adding Subsection (d) to read as follows:
1-8 (d) (a) Except as provided in subsections (b) and (d), bonds
1-9 or other obligations for the payment of money and the proceeds of
1-10 sale, redemption, or other disposition thereof are principal. No
1-11 provision may be made for the amortization of bond premiums or for
1-12 accumulation for discount.
1-13 (b) Unless otherwise provided in this chapter or the
1-14 trust instrument, an increase in the value of the following
1-15 obligations is distributable as income:
1-16 1. A zero coupon security.
1-17 2. A deferred annuity contract before annuitization.
1-18 3. A life insurance contract before the death of the
1-19 insured.
1-20 4. An interest in a common trust fund (as defined
1-21 under Section 584 of the Internal Revenue Code) owned by a pooled
1-22 income fund (as defined under Section 642(c)(5) of the Internal
1-23 Revenue Code) or charitable remainder unitrust (as defined under
1-24 Section 664(d)(2) and 664(d)(3) if the Internal Revenue Code).
2-1 payable at a future time in accordance with a fixed, variable, or
2-2 discretionary schedule of appreciation in excess of the price at
2-3 which it was issued.
2-4 (c) The increase in value is distributable to the
2-5 beneficiary at the time of the increase from the first principal
2-6 cash available, when realized by sale, redemption, or other
2-7 disposition. Whenever an unrealized increase is distributed out of
2-8 principal as income, the principal shall be reimbursed for the
2-9 increase when realized.
2-10 (d) For the purposes of this section, the increase in
2-11 value of an obligation defined in subsection (b) is available for
2-12 distribution only when the trustee receives cash on account of the
2-13 obligation.
2-14 SECTION 2. This Act takes effect September 1, 91997.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.