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.