Sec. 112.085. EXCEPTIONS TO POWER OF DISTRIBUTION. An authorized trustee may not exercise a power to distribute principal of a trust under Section 112.072 or 112.073 to: (1) reduce, limit, or modify a beneficiary's current, vested right to: (A) receive a mandatory distribution of income or principal; (B) receive a mandatory annuity or unitrust interest; (C) withdraw a percentage of the value of the trust; or (D) withdraw a specified dollar amount from the trust; (2) materially limit a trustee's fiduciary duty: (A) under the terms of the trust; or (B) in a manner that would be prohibited by Section 111.0035 ; (3) decrease or indemnify against a trustee's liability; (4) add a provision exonerating a trustee from liability for failure to exercise reasonable care, diligence, and prudence; (5) eliminate a provision granting another person the right to remove or replace the authorized trustee exercising the distribution power under Section 112.072 or 112.073 ; or (6) reduce, limit, or modify in the second trust a perpetuities provision included in the first trust, unless expressly permitted by the terms of the first trust.
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