Sec. 113.058.  BOND.  (a)  A corporate trustee is not required to provide a bond to secure performance of its duties as trustee.
(b)  Unless the instrument creating the trust provides otherwise, a noncorporate trustee must give bond:
(1)  payable to the trust estate of the trust, the registry of the court, or each person interested in the trust, as their interests may appear; and
(2)  conditioned on the faithful performance of the trustee's duties.
(c)  The bond must be in an amount and with the sureties required by order of a court in a proceeding brought for this determination.
(d)  Any interested person may bring an action to increase or decrease the amount of a bond, require a bond, or substitute or add sureties.  Notwithstanding Subsection (b), for cause shown, a court may require a bond even if the instrument creating the trust provides otherwise.
(e)  The trustee shall deposit the bond with the clerk of the court that issued the order requiring the bond.  A suit on the bond may be maintained on a certified copy.  Appropriate proof of a recovery on a bond reduces the liability of the sureties pro tanto.
(f)  Failure to comply with this section does not make void or voidable or otherwise affect an act or transaction of a trustee with any third person.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.
Amended by: 
Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 14, eff. January 1, 2006.
Acts 2007, 80th Leg., R.S., Ch. 451 (H.B. 564), Sec. 6, eff. September 1, 2007.