1-1 By: Luna S.B. No. 1496 1-2 (In the Senate - Filed May 12, 1993; May 12, 1993, read first 1-3 time and referred to Committee on Jurisprudence; May 18, 1993, 1-4 reported favorably by the following vote: Yeas 5, Nays 0; 1-5 May 18, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Henderson x 1-9 Harris of Tarrant x 1-10 Brown x 1-11 Harris of Dallas x 1-12 Luna x 1-13 Parker x 1-14 West x 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to the period of duration and operation of certain 1-18 nonprofit corporations. 1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-20 SECTION 1. This Act applies to a corporation that: 1-21 (1) is a church; 1-22 (2) was incorporated as a nonprofit corporation before 1-23 January 1, 1920; 1-24 (3) has articles of incorporation providing for a 1-25 period of duration that expired before August 10, 1959; and 1-26 (4) has continually operated under the articles of 1-27 incorporation up to the effective date of this Act as if the 1-28 corporation's period of duration had not expired, including payment 1-29 of all fees and franchise taxes as provided by law. 1-30 SECTION 2. (a) Notwithstanding the articles of 1-31 incorporation of a corporation to which this Act applies, the 1-32 period of duration of the corporation is perpetual, and all acts of 1-33 the corporation occurring before the effective date of this Act are 1-34 validated as if at the time of incorporation the period of duration 1-35 of the corporation were perpetual. 1-36 (b) This section does not apply to any matter that on the 1-37 effective date of this Act: 1-38 (1) is involved in litigation if the litigation 1-39 ultimately results in the matter being held invalid by a final 1-40 judgment in a court of competent jurisdiction; or 1-41 (2) has been held invalid by a final judgment of a 1-42 court of competent jurisdiction. 1-43 SECTION 3. The importance of this legislation and the 1-44 crowded condition of the calendars in both houses create an 1-45 emergency and an imperative public necessity that the 1-46 constitutional rule requiring bills to be read on three several 1-47 days in each house be suspended, and this rule is hereby suspended, 1-48 and that this Act take effect and be in force from and after its 1-49 passage, and it is so enacted. 1-50 * * * * * 1-51 Austin, 1-52 Texas 1-53 May 18, 1993 1-54 Hon. Bob Bullock 1-55 President of the Senate 1-56 Sir: 1-57 We, your Committee on Jurisprudence to which was referred S.B. 1-58 No. 1496, have had the same under consideration, and I am 1-59 instructed to report it back to the Senate with the recommendation 1-60 that it do pass and be printed. 1-61 Henderson, 1-62 Chairman 1-63 * * * * * 1-64 WITNESSES 1-65 No witnesses appeared on S.B. No. 1496.