By:  Ellis                                            S.B. No. 1212
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to venue, notice, and attorney general participation in
    1-2  proceedings involving charitable trusts.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (c), Section 115.011, Property Code,
    1-5  is amended to read as follows:
    1-6        (c)  The attorney general shall be <made a party to and>
    1-7  given notice of any <suit or judicial> proceeding involving a
    1-8  <relating to> charitable trust as provided by Chapter 123 of this
    1-9  code <trusts to the extent and in the same manner provided by
   1-10  Article 4412e, Revised Statutes, as amended>.
   1-11        SECTION 2.  Section 123.001, Property Code, is amended to
   1-12  read as follows:
   1-13        Sec. 123.001.  Definitions.  In this chapter:
   1-14              (1)  "Charitable entity" means a corporation, trust,
   1-15  community chest, fund, foundation, or other entity organized for
   1-16  scientific, educational, philanthropic, or environmental purposes,
   1-17  social welfare, the arts and humanities, or another civic or public
   1-18  purpose described by Section 501(c)(3) of the Internal Revenue Code
   1-19  of 1986 (26 U.S.C. 501(c)(3)).
   1-20              (2)  "Charitable trust" means a charitable entity, a
   1-21  trust the stated purpose of which is to benefit a charitable
   1-22  entity, or an inter vivos or testamentary gift to a charitable
   1-23  entity.
    2-1              (3)  "Proceeding involving a charitable trust" means a
    2-2  suit or other judicial proceeding the object of which is to:
    2-3                    (A)  terminate a charitable trust or distribute
    2-4  its assets to other charitable donees;
    2-5                    (B)  depart from the objects of the charitable
    2-6  trust stated in the instrument creating the trust, including a
    2-7  proceeding in which the doctrine of cy-pres <cy-press> is invoked;
    2-8                    (C)  construe, nullify, or impair the provisions
    2-9  of a testamentary or other instrument creating or affecting a
   2-10  charitable trust;
   2-11                    (D)  contest or set aside the probate of an
   2-12  alleged will under which money, property, or another thing of value
   2-13  is given for charitable purposes;
   2-14                    (E)  allow a charitable trust to contest or set
   2-15  aside the probate of an alleged will;
   2-16                    (F)  determine matters relating to the probate
   2-17  and administration of an estate involving a charitable trust; or
   2-18                    (G)  obtain a declaratory judgment involving a
   2-19  charitable trust.
   2-20              (4)  "Fiduciary or managerial agent" means an
   2-21  individual, corporation, or other entity, acting either as a
   2-22  trustee, as a member of the board of directors, as an officer, as
   2-23  an executor, or as an administrator for a charitable trust.
   2-24        SECTION 3.  Subsection (a), Section 123.003, Property Code,
   2-25  is amended to read as follows:
    3-1        Sec. 123.003.  Notice.  (a)  Any <Any interested> party
    3-2  initiating <or the party's attorney in> a proceeding involving a
    3-3  charitable trust shall give notice of the proceeding to the
    3-4  attorney general by sending to the attorney general by registered
    3-5  or certified mail, a true <certified> copy of the petition or other
    3-6  instrument initiating the <party's involvement in the> proceeding
    3-7  involving a charitable trust within 30 days of the filing of such
    3-8  petition or other instrument, but no less than 10 days prior to a
    3-9  hearing in such a proceeding.
   3-10        (b)  Notice shall be given to the attorney general of any
   3-11  pleading which adds new causes of action or additional parties to a
   3-12  proceeding involving charitable trust in which the attorney general
   3-13  has previously waived participation, or in which the attorney
   3-14  general has otherwise failed to intervene.  Notice shall be given
   3-15  by sending to the attorney general by registered or certified mail
   3-16  a true copy of the pleading within 30 days of the filing of the
   3-17  pleading, but no less than 10 days prior to a hearing in the
   3-18  proceeding.
   3-19        (c)  The party or the party's attorney shall execute and file
   3-20  in the proceeding an affidavit stating the facts of the notice and
   3-21  shall attach to the affidavit the customary postal receipts signed
   3-22  by the attorney general or an assistant attorney general.
   3-23        SECTION 4.  Section 123.005, Property Code, is amended to
   3-24  read as follows:
   3-25        Sec. 123.005.  Breach of Fiduciary Duty.  (a)  Venue in a
    4-1  proceeding brought by the attorney general alleging breach of a
    4-2  fiduciary duty by a fiduciary or managerial agent <the trustee> of
    4-3  a charitable trust shall be <in> a court of competent jurisdiction
    4-4  in Travis County or in the county where the defendant resides, has
    4-5  its principal place of business, or has a fixed and established
    4-6  place of business at the suit is brought.
    4-7        (b)  The attorney general, if successful in the proceeding,
    4-8  is entitled to recover from a fiduciary or managerial agent of a
    4-9  charitable trust <the trustee> actual costs incurred in bringing
   4-10  the suit and may recover reasonable attorney's fees.
   4-11        SECTION 5.  The changes in law made by this Act apply only to
   4-12  a cause of action that accrues on or after the effective date of
   4-13  this article.  A cause of action that accrues before the effective
   4-14  date of this article is governed by the law in effect on the date
   4-15  the cause of action accrues, and that law is continued in effect
   4-16  for this purpose.
   4-17        SECTION 6.  EFFECTIVE DATE.  This Act takes effect
   4-18  September 1, 1995.
   4-19        SECTION 7.  SEVERABILITY.  If any section, sentence, clause,
   4-20  or part of this Act shall, for any reason, be held invalid, such
   4-21  invalidity shall not affect the remaining portions of the Act, and
   4-22  it is hereby declared to be the intention of this legislature to
   4-23  have passed each section, sentence, clause, or part irrespective of
   4-24  the fact that any other section, sentence, clause, or part may be
   4-25  declared invalid.
    5-1        SECTION 8.  EMERGENCY.  The importance of this legislation
    5-2  and the crowded condition of the calendars in both houses create an
    5-3  emergency and an imperative public necessity that the
    5-4  constitutional rule requiring bills to be read on three several
    5-5  days in each house be suspended, and this rule is hereby suspended.