By Oliveira H.B. No. 1141
74R3599 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil liability of certain primary and secondary
1-3 military schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 84.003(1), Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 (1) "Charitable organization" means:
1-8 (A) any organization exempt from federal income
1-9 tax under Section 501(a) of the Internal Revenue Code of 1986 by
1-10 being listed as an exempt organization in Section 501(c)(3) or
1-11 501(c)(4) of the code, if it is a nonprofit corporation,
1-12 foundation, community chest, or fund organized and operated
1-13 exclusively for charitable, religious, prevention of cruelty to
1-14 children or animals, youth sports and youth recreational, or
1-15 educational purposes, excluding private primary or secondary
1-16 schools other than schools described by Paragraph (D), alumni
1-17 associations and related on-campus organizations, or is organized
1-18 and operated exclusively for the promotion of social welfare by
1-19 being primarily engaged in promoting the common good and general
1-20 welfare of the people in a community;
1-21 (B) any bona fide charitable, religious,
1-22 prevention of cruelty to children or animals, youth sports and
1-23 youth recreational, or educational organization, excluding alumni
1-24 associations and related on-campus organizations, or other
2-1 organization organized and operated exclusively for the promotion
2-2 of social welfare by being primarily engaged in promoting the
2-3 common good and general welfare of the people in a community, and
2-4 that:
2-5 (i) is organized and operated exclusively
2-6 for one or more of the above purposes;
2-7 (ii) does not engage in activities which
2-8 in themselves are not in furtherance of the purpose or purposes;
2-9 (iii) does not directly or indirectly
2-10 participate or intervene in any political campaign on behalf of or
2-11 in opposition to any candidate for public office;
2-12 (iv) dedicates its assets to achieving the
2-13 stated purpose or purposes of the organization;
2-14 (v) does not allow any part of its net
2-15 assets on dissolution of the organization to inure to the benefit
2-16 of any group, shareholder, or individual; and
2-17 (vi) normally receives more than one-third
2-18 of its support in any year from private or public gifts, grants,
2-19 contributions, or membership fees; <or>
2-20 (C) a homeowners association as defined by
2-21 Section 528(c) of the Internal Revenue Code of 1986; or
2-22 (D) a primary or secondary school if the school:
2-23 (i) is exempt from federal income tax
2-24 under Section 501(a) of the Internal Revenue Code of 1986 by being
2-25 listed as an exempt organization in Section 501(c)(3) of the code;
2-26 (ii) operates as a boarding school only
2-27 and does not provide educational services to students other than
3-1 boarding students; and
3-2 (iii) offers a curriculum in conjunction
3-3 with the United States Marine Corps Junior Reserve Officer Training
3-4 Corps.
3-5 SECTION 2. This Act takes effect September 1, 1995, and
3-6 applies only to a cause of action that accrues on or after that
3-7 date. An action that accrued before the effective date of this Act
3-8 is governed by the law as it existed immediately before the
3-9 effective date of this Act, and that law is continued in effect for
3-10 that purpose.
3-11 SECTION 3. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.