Sec. 114.007.  EXCULPATION OF TRUSTEE.  (a)  A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term relieves a trustee of liability for:
(1)  a breach of trust committed:
(A)  in bad faith;
(B)  intentionally; or
(C)  with reckless indifference to the interest of a beneficiary; or
(2)  any profit derived by the trustee from a breach of trust.
(b)  A term in a trust instrument relieving the trustee of liability for a breach of trust is ineffective to the extent that the term is inserted in the trust instrument as a result of an abuse by the trustee of a fiduciary duty to or confidential relationship with the settlor.
(c)  This section applies only to a term of a trust that may otherwise relieve a trustee from liability for a breach of trust.  Except as provided in Section 111.0035, this section does not prohibit the settlor, by the terms of the trust, from expressly:
(1)  relieving the trustee from a duty or restriction imposed by this subtitle or by common law; or
(2)  directing or permitting the trustee to do or not to do an action that would otherwise violate a duty or restriction imposed by this subtitle or by common law.
Added by Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 21, eff. January 1, 2006.