BILL ANALYSIS H.B. 428 By: Bosse 4-13-95 Committee Report (Unamended) BACKGROUND The Charitable Immunity and Liability Act of 1987, Chapter 84 of the Texas Civil Practice and Remedies Code, provides civil liability protection for "charitable organizations." Section 84.003(1) of the Civil Practice and Remedies Code provides a dual definition of "charitable organization." The first definition refers to organizations that are exempt from federal income tax under Section 501 of the Internal Revenue Code of 1986 and the second definition recognizes organization without regard to tax-exempt status under Section 501 of the I.R.C. Both definitions require that the organization be organized exclusively for at least one of the recognized charitable purposes. The Woodforest Citizens on Patrol, a citizen group consisting of volunteers who patrol their neighborhood and observe and report criminal activity, questioned whether it was covered under the Charitable Immunity and Liability Act of 1987. It has been determined that there may be a question as to coverage under the Act of organizations, such as the Woodforest Citizens on Patrol, which are organized exclusively for crime prevention or law enforcement. PURPOSE The purpose of this bill is to provide civil liability protection for charitable organizations whose purpose is crime prevention or law enforcement by expanding the definition of "charitable organization" under the Charitable Immunity and Liability Act of 1987, Chapter 84 of the Texas Civil Practice and Remedies Code. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not explicitly delegate any rulemaking authority to a state agency, officer, department or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 84.003(1)(A) and (B), Civil Practice and Remedies Code, by expanding the definition of "charitable organization" to include organizations that are organized and operated exclusively for crime prevention or law enforcement. SECTION 2. Effective date - September 1, 1995. Applies only to a cause of action that accrues on or after that date. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION House Bill 428 was considered by the Committee on Civil Practices in a public hearing on March 8, 1995. The following individuals testified in support of the bill: Jack Hutcherson, representing himself. No one testified in opposition to or neutrally on the bill. The bill was referred to a subcommittee consisting of Representatives Zbranek (chair), Culberson, and Hartnett. The bill was recalled from subcommittee and was considered during a public hearing on April 12, 1995. H.B. 428 was reported favorably without amendment with the recommendation that it do pass and be printed by a record vote of five ayes, zero nays, zero pnv and four absent.