Texas Statutes
Subchapter B. Validity
Section 112.036. Rule Against Perpetuities

Sec. 112.036. RULE AGAINST PERPETUITIES. (a) The rule against perpetuities applies to an interest in a trust other than a charitable trust.
(b) For purposes of this section, the effective date of a trust is the date the trust becomes irrevocable.
(c) An interest in a trust must vest, if at all:
(1) not later than 300 years after the effective date of the trust, if the effective date of the trust is on or after September 1, 2021; or
(2) except as provided by Subsection (d), not later than 21 years after some life in being at the time of the creation of the interest, plus a period of gestation, if the effective date of the trust is before September 1, 2021.
(d) An interest in a trust that has an effective date before September 1, 2021, may vest as described by Subsection (c)(1) if the trust instrument provides that an interest in the trust vests under the provisions of this section applicable to trusts on the date that the interest vests.
(e) Any interest in a trust may be reformed or construed to the extent and as provided by Section 5.043.
(f) Under this section, a settlor of a trust may not direct that a real property asset be retained or refuse that a real property asset may be sold for a period longer than 100 years.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 10, eff. Oct. 2, 1984.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 792 (H.B. 654), Sec. 1, eff. September 1, 2021.

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