Sec. 141.018. LIABILITY TO THIRD PERSON. (a) A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property, or a tort committed during the custodianship may be asserted against the custodial property by proceeding against the custodian in the custodian's custodial capacity, whether or not the custodian or the minor is personally liable for the claim.
(b) A custodian is not personally liable:
(1) on a contract properly entered into in the custodian's custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Added by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995. Renumbered from Property Code Sec. 18 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.
Structure Texas Statutes
Title 10 - Miscellaneous Beneficial Property Interests
Subtitle A - Persons Under Disability
Chapter 141 - Transfers to Minors
Section 141.003. Scope and Jurisdiction
Section 141.004. Nomination of Custodian
Section 141.005. Transfer by Gift or Exercise of Power of Appointment
Section 141.006. Transfer Authorized by Will or Trust
Section 141.007. Other Transfer by Fiduciary
Section 141.008. Transfer by Obligor
Section 141.009. Receipt for Custodial Property
Section 141.011. Single Custodianship
Section 141.012. Validity and Effect of Transfer
Section 141.013. Care of Custodial Property
Section 141.014. Powers of Custodian
Section 141.015. Use of Custodial Property
Section 141.016. Custodian's Expenses, Compensation, and Bond
Section 141.017. Exemption of Third Person From Liability
Section 141.018. Liability to Third Person
Section 141.020. Accounting by and Determination of Liability
Section 141.021. Termination of Custodianship
Section 141.022. Applicability
Section 141.023. Effect on Existing Custodianships
Section 141.024. Uniformity of Application and Construction
Section 141.025. Additional Transfers to Custodianships in Existence Before Effective Date of Act