1-1 By: Lucio S.B. No. 524
1-2 (In the Senate - Filed February 10, 1995; February 14, 1995,
1-3 read first time and referred to Committee on Economic Development;
1-4 March 7, 1995, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; March 7, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the civil liability of certain primary and secondary
1-9 military schools.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subdivision (1), Section 84.003, Civil Practice
1-12 and Remedies Code, is amended to read as follows:
1-13 (1) "Charitable organization" means:
1-14 (A) any organization exempt from federal income
1-15 tax under Section 501(a) of the Internal Revenue Code of 1986 by
1-16 being listed as an exempt organization in Section 501(c)(3) or
1-17 501(c)(4) of the code, if it is a nonprofit corporation,
1-18 foundation, community chest, or fund organized and operated
1-19 exclusively for charitable, religious, prevention of cruelty to
1-20 children or animals, youth sports and youth recreational, or
1-21 educational purposes, excluding private primary or secondary
1-22 schools other than schools described by Paragraph (D), alumni
1-23 associations and related on-campus organizations, or is organized
1-24 and operated exclusively for the promotion of social welfare by
1-25 being primarily engaged in promoting the common good and general
1-26 welfare of the people in a community;
1-27 (B) any bona fide charitable, religious,
1-28 prevention of cruelty to children or animals, youth sports and
1-29 youth recreational, or educational organization, excluding alumni
1-30 associations and related on-campus organizations, or other
1-31 organization organized and operated exclusively for the promotion
1-32 of social welfare by being primarily engaged in promoting the
1-33 common good and general welfare of the people in a community, and
1-34 that:
1-35 (i) is organized and operated exclusively
1-36 for one or more of the above purposes;
1-37 (ii) does not engage in activities which
1-38 in themselves are not in furtherance of the purpose or purposes;
1-39 (iii) does not directly or indirectly
1-40 participate or intervene in any political campaign on behalf of or
1-41 in opposition to any candidate for public office;
1-42 (iv) dedicates its assets to achieving the
1-43 stated purpose or purposes of the organization;
1-44 (v) does not allow any part of its net
1-45 assets on dissolution of the organization to inure to the benefit
1-46 of any group, shareholder, or individual; and
1-47 (vi) normally receives more than one-third
1-48 of its support in any year from private or public gifts, grants,
1-49 contributions, or membership fees; <or>
1-50 (C) a homeowners association as defined by
1-51 Section 528(c) of the Internal Revenue Code of 1986; or
1-52 (D) a primary or secondary school if the school:
1-53 (i) is exempt from federal income tax
1-54 under Section 501(a) of the Internal Revenue Code of 1986 by being
1-55 listed as an exempt organization in Section 501(c)(3) of the code;
1-56 (ii) operates as a boarding school only
1-57 and does not provide educational services to students other than
1-58 boarding students; and
1-59 (iii) offers a curriculum in conjunction
1-60 with the United States Marine Corps Junior Reserve Officer Training
1-61 Corps.
1-62 SECTION 2. This Act takes effect September 1, 1995, and
1-63 applies only to a cause of action that accrues on or after that
1-64 date. An action that accrued before the effective date of this Act
1-65 is governed by the law as it existed immediately before the
1-66 effective date of this Act, and that law is continued in effect for
1-67 that purpose.
1-68 SECTION 3. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *