BILL ANALYSIS


                                                        S.B. 1212
                                                        By: Ellis
                                                    Jurisprudence
                                                           5-3-95
                                       Committee Report (Amended)
BACKGROUND

There are several ambiguous and conflicting provisions in the
statutes dealing with the authority of the attorney general in
charitable trust matters.

PURPOSE

As proposed, S.B. 1212 sets forth requirements for the venue,
notice, and participation of the attorney general in proceedings
involving charitable trusts.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 115.011(c), Property Code, to require the
attorney general to be given notice, rather than made a party to
and given notice, of any proceeding involving a charitable trust. 
Makes conforming changes.

SECTION 2. Amends Section 123.001, Property Code, to define
"fiduciary or managerial agent," and to make a nonsubstantive
change.

SECTION 3. Amends Section 123.003(a), Property Code, to require any
party initiating a proceeding involving a charitable trust to give
notice to the attorney general within 30 days of the filing of such
petition or other instrument, but no less than 10 days prior to a
hearing.

     (b) Requires notice to be given to the attorney general of any
     pleading which adds new causes of action or additional parties
     to a proceeding involving a charitable trust in which the
     attorney general has previously waived participation or
     otherwise failed to intervene.  Requires notice to be given by
     sending to the attorney general a true copy of the pleading
     within 30 days of filing the pleading, but no less than 10
     days prior to a hearing in the proceeding.
     
     (c) Redesignates existing Subsection (b).
SECTION 4. Amends Section 123.005, Property Code, to require venue
in a proceeding brought by the attorney general alleging breach of
a fiduciary duty by a fiduciary or managerial agent of a charitable
trust to be a court of competent jurisdiction in Travis County or
in the county where the defendant resides, has its principal place
of business, or has a fixed and established place of business at
the time the suit is brought.  Makes conforming changes.

SECTION 5. Makes application of this Act prospective.

SECTION 6. Effective date: September 1, 1995.

SECTION 7. Severability clause.

SECTION 8. Emergency clause.