By:  Uher                                             H.B. No. 2054
       73R6628 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the civil liability of certain chambers of commerce and
    1-3  to the volunteers and employees of the organizations.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 84.003(1), Civil Practice and Remedies
    1-6  Code, is amended to read as follows:
    1-7              (1)  "Charitable organization" means:
    1-8                    (A)  any organization exempt from federal income
    1-9  tax under Section 501(a) of the Internal Revenue Code of 1986  by
   1-10  being listed as an exempt organization in Section 501(c)(3) or
   1-11  501(c)(4) of the code, if it is a nonprofit corporation,
   1-12  foundation, community chest, or fund organized and operated
   1-13  exclusively for charitable, religious, prevention of cruelty to
   1-14  children or animals, youth sports and youth recreational, or
   1-15  educational purposes, excluding private primary or secondary
   1-16  schools, alumni associations and related on-campus organizations,
   1-17  or is organized and operated exclusively for the promotion of
   1-18  social welfare by being primarily engaged in promoting the common
   1-19  good and general welfare of the people in a community;
   1-20                    (B)  any bona fide charitable, religious,
   1-21  prevention of cruelty to children or animals, youth sports and
   1-22  youth recreational, or educational organization, excluding alumni
   1-23  associations and related on-campus organizations, or other
   1-24  organization organized and operated exclusively for the promotion
    2-1  of social welfare by being primarily engaged in promoting the
    2-2  common good and general welfare of the people in a community, and
    2-3  that:
    2-4                          (i)  is organized and operated exclusively
    2-5  for one or more of the above purposes;
    2-6                          (ii)  does not engage in activities which
    2-7  in themselves are not in furtherance of the purpose or purposes;
    2-8                          (iii)  does not directly or indirectly
    2-9  participate or intervene in any political campaign on behalf of or
   2-10  in opposition to any candidate for public office;
   2-11                          (iv)  dedicates its assets to achieving the
   2-12  stated purpose or purposes of the organization;
   2-13                          (v)  does not allow any part of its net
   2-14  assets on dissolution of the organization to inure to the benefit
   2-15  of any group, shareholder, or individual; and
   2-16                          (vi)  normally receives more than one-third
   2-17  of its support in any year from private or public gifts, grants,
   2-18  contributions, or membership fees; <or>
   2-19                    (C)  a homeowners association as defined by
   2-20  Section 528(c) of the Internal Revenue Code of 1986; or
   2-21                    (D)  a chamber of commerce exempt from federal
   2-22  income tax under Section 501(a) of the Internal Revenue Code of
   2-23  1986 by being listed as an exempt organization in Section 501(c)(6)
   2-24  of the code and its subsequent amendments.
   2-25        SECTION 2.  This Act takes effect September 1, 1993, and
   2-26  applies only to a cause of action that accrues on or after that
   2-27  date.  A cause of action that accrues before that date is governed
    3-1  by the law in effect at the time the action accrued, and that law
    3-2  is continued in effect for that purpose.
    3-3        SECTION 3.  The importance of this legislation and the
    3-4  crowded condition of the calendars in both houses create an
    3-5  emergency and an imperative public necessity that the
    3-6  constitutional rule requiring bills to be read on three several
    3-7  days in each house be suspended, and this rule is hereby suspended.