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.