By:  Carona                                            S.B. No. 698
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the applicability of the rule against perpetuities to
 1-3     trusts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (a), Section 5.042, Property Code, is
 1-6     amended to read as follows:
 1-7           (a)  The following common-law rules or doctrines do not apply
 1-8     in this state:
 1-9                 (1)  [known as] the rule in Shelley's case;
1-10                 (2)  [,] the rule forbidding a remainder to the
1-11     grantor's heirs;
1-12                 (3)  [,] the doctrine of worthier title;
1-13                 (4)  the rule against perpetuities as that rule relates
1-14     to trusts;[,] and
1-15                 (5)  the doctrine or rule prohibiting an existing lien
1-16     upon part of a homestead from extending to another part of the
1-17     homestead not charged with the debts secured by the existing lien
1-18     upon part of the homestead [do not apply in this state].
1-19           SECTION 2.  Section 112.036, Property Code, is amended to
1-20     read as follows:
1-21           Sec. 112.036.  RULE AGAINST PERPETUITIES.  (a)  Except as
1-22     provided by Section 121.004 and this section, the [The] rule
1-23     against perpetuities does not apply [applies] to trusts [other than
1-24     charitable trusts].
1-25           (b)  No nonvested property interest, interest in a trust, or
 2-1     other disposition of property, including any interest created
 2-2     pursuant to the exercise of a power of appointment, is invalid
 2-3     under any rule against perpetuities during the 360 years following
 2-4     the date the instrument creating the interest becomes irrevocable
 2-5     [Accordingly, an interest is not good unless it must vest, if at
 2-6     all, not later than 21 years after some life in being at the time
 2-7     of the creation of the interest, plus a period of gestation.  Any
 2-8     interest in a trust may, however, be reformed or construed to the
 2-9     extent and as provided by Section 5.043].
2-10           (c)  If, at the end of the 360 years following the date the
2-11     instrument creating an interest becomes irrevocable, any of the
2-12     assets subject to the interest have not vested, the assets shall be
2-13     distributed by a court having jurisdiction.  The court shall give
2-14     effect to the general intent of the settlor of the trust or person
2-15     exercising a power of appointment in the case of any further trust
2-16     or other disposition of property made pursuant to the exercise of a
2-17     power of appointment.
2-18           (d)  Perpetual charitable trusts are permitted and are not
2-19     subject to the rule against perpetuities.
2-20           SECTION 3.  Section 121.004, Property Code, is amended to
2-21     read as follows:
2-22           Sec. 121.004.  CONTINUATION OF PENSION TRUSTS [RULE AGAINST
2-23     PERPETUITIES].  A pension trust may continue for as long as is
2-24     necessary to accomplish the purposes of the trust and is not
2-25     invalid under [the rule against perpetuities or] any [other] law
2-26     restricting or limiting the duration of a trust.
 3-1           SECTION 4.  (a)  This Act takes effect January 1, 2002, but
 3-2     only if the constitutional amendment proposed by the 77th
 3-3     Legislature, Regular Session, 2001, removing the prohibition
 3-4     against perpetual trusts is approved by the voters.  If that
 3-5     amendment is not approved by the voters, this Act has no effect.
 3-6           (b)  The change in law made by this Act applies only to a
 3-7     trust that becomes irrevocable or is judicially modified or
 3-8     reformed to make the provisions of this Act applicable on or after
 3-9     the effective date of this Act.  A trust that does not become
3-10     irrevocable or is not judicially modified or reformed to make the
3-11     provisions of this Act applicable on or after the effective date of
3-12     this Act is governed by the law in effect when the trust was
3-13     created, and the former law is continued in effect for that
3-14     purpose.