By Hunter of Nueces H.B. No. 2677
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil liability of certain chambers of commerce and
1-3 to the volunteers and employees of the organizations.
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, alumni associations and related on-campus organizations,
1-17 or is organized and operated exclusively for the promotion of
1-18 social welfare by being primarily engaged in promoting the common
1-19 good and general welfare of the people in a community;
1-20 (B) any bona fide charitable, religious,
1-21 prevention of cruelty to children or animals, youth sports and
1-22 youth recreational, or educational organization, excluding alumni
1-23 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 organizations;
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 chamber of commerce exempt from federal
2-23 income tax under Sect on 501(a) of the Internal Revenue Code of
2-24 1986 by being listed as an exempt organizations in Section
2-25 501(c)(6) of the code.
3-1 SECTION 2. This Act takes effect September 1, 1995, and
3-2 applies only to a cause of action accruing on or after the
3-3 effective date of this Act. A cause of action accruing before the
3-4 effective date of this Act is governed by the law in effect at the
3-5 time the cause of action accrued, and that law is continued in
3-6 effect for that purpose.
3-7 SECTION 3. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.