By: Luna S.B. No. 1496
73R10865 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the period of duration and operation of certain
1-3 nonprofit corporations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. This Act applies to a corporation that:
1-6 (1) is a church;
1-7 (2) was incorporated as a nonprofit corporation before
1-8 January 1, 1920;
1-9 (3) has articles of incorporation providing for a
1-10 period of duration that expired before August 10, 1959; and
1-11 (4) has continually operated under the articles of
1-12 incorporation up to the effective date of this Act as if the
1-13 corporation's period of duration had not expired, including payment
1-14 of all fees and franchise taxes as provided by law.
1-15 SECTION 2. (a) Notwithstanding the articles of
1-16 incorporation of a corporation to which this Act applies, the
1-17 period of duration of the corporation is perpetual, and all acts of
1-18 the corporation occurring before the effective date of this Act are
1-19 validated as if at the time of incorporation the period of duration
1-20 of the corporation were perpetual.
1-21 (b) This section does not apply to any matter that on the
1-22 effective date of this Act:
1-23 (1) is involved in litigation if the litigation
1-24 ultimately results in the matter being held invalid by a final
2-1 judgment in a court of competent jurisdiction; or
2-2 (2) has been held invalid by a final judgment of a
2-3 court of competent jurisdiction.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.