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.