By Patterson                                           S.B. No. 110
       74R361 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the by-laws of nonprofit corporations.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section B, Article 2.09, Texas Non-Profit
    1-5  Corporation Act (Article 1396-2.09, Vernon's Texas Civil Statutes),
    1-6  is amended to read as follows:
    1-7        B.  A corporation's board of directors may amend or repeal
    1-8  the corporation's by-laws, or adopt new by-laws, unless:
    1-9              (1)  the articles of incorporation, a by-law, or this
   1-10  Act reserves the power exclusively to the members in whole or in
   1-11  part;
   1-12              (2)  the management of the corporation is vested in its
   1-13  members; or
   1-14              (3)  the members in amending, repealing, or adopting a
   1-15  particular by-law expressly provide that the board of directors may
   1-16  not amend or repeal that by-law.
   1-17        SECTION 2.  The importance of this legislation and the
   1-18  crowded condition of the calendars in both houses create an
   1-19  emergency and an imperative public necessity that the
   1-20  constitutional rule requiring bills to be read on three several
   1-21  days in each house be suspended, and this rule is hereby suspended,
   1-22  and that this Act take effect and be in force from and after its
   1-23  passage, and it is so enacted.