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
1-7 CHARITABLE TRUSTS. (a) Unless otherwise provided by the trust
1-8 instrument, an increase in the value of the following obligations
1-9 over the value at the time the obligation was acquired by the trust
1-10 is income:
1-11 (1) a deferred annuity before annuitization; and
1-12 (2) a life insurance contract before the death of the
1-13 insured.
1-14 (b) For purposes of this section and unless otherwise
1-15 provided by the trust instrument, the increase in value of an
1-16 obligation described by Subsection (a) is available for
1-17 distribution only when the trustee receives cash on account of the
1-18 obligation. If the obligation is surrendered or partially
1-19 liquidated, the cash received must be attributed first to the
1-20 increase. Notwithstanding Section 113.103, the increase in the
1-21 value of the obligation is available for distribution to the income
1-22 beneficiary who is the income beneficiary when the cash is received
1-23 and, if different, not to the income beneficiary who was the income
1-24 beneficiary at the time the income accrued.
2-1 (c) Section 113.109 applies to the allocation of principal
2-2 and income for a deferred annuity after annuitization.
2-3 SECTION 2. (a) This Act takes effect September 1, 1999.
2-4 (b) The change in law made by this Act applies only to
2-5 principal and income subject to allocation on or after September 1,
2-6 1999. Principal and income subject to allocation before September
2-7 1, 1999, is governed by the law in effect immediately before that
2-8 date, and the former law is continued in effect for that purpose.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1373 was passed by the House on April
13, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1373 on May 8, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1373 was passed by the Senate, with
amendments, on May 6, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor