1-1  By:  Ellis                                            S.B. No. 1212
    1-2        (In the Senate - Filed March 10, 1995; March 16, 1995, read
    1-3  first time and referred to Committee on Jurisprudence; May 3, 1995,
    1-4  reported favorably, as amended, by the following vote:  Yeas 6,
    1-5  Nays 0; May 3, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                                By:  Ellis
    1-7  Amend S.B. No. 1212 as follows:
    1-8        (1)  Strike "a involving" and substitute "involving a" in
    1-9  Subsection (b), Section 123.003 of SECTION 3 of the bill (Committee
   1-10  Printing page 2, line 14).
   1-11        (2)  Strike "a n" and substitute "an" in Subsection (c),
   1-12  Section 123.003 of SECTION 3 of the bill (Committee Printing page
   1-13  2, line 22).
   1-14        (3)  Strike "<in>" and substitute "<is in>" in Subsection
   1-15  (a), Section 123.005 of SECTION 4 of the bill (Committee Printing
   1-16  page 2, line 30).
   1-17        (4)  Between "at the" and "suit", insert "time" in Subsection
   1-18  (a), Section 123.005 of SECTION 4 of the bill (Committee Printing
   1-19  page 2, line 33).
   1-20                         A BILL TO BE ENTITLED
   1-21                                AN ACT
   1-22  relating to venue, notice, and attorney general participation in
   1-23  proceedings involving charitable trusts.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Subsection (c), Section 115.011, Property Code,
   1-26  is amended to read as follows:
   1-27        (c)  The attorney general shall be <made a party to and>
   1-28  given notice of any <suit or judicial> proceeding involving a
   1-29  <relating to> charitable trust as provided by Chapter 123 of this
   1-30  code <trusts to the extent and in the same manner provided by
   1-31  Article 4412a, Revised Statutes, as amended>.
   1-32        SECTION 2.  Section 123.001, Property Code, is amended to
   1-33  read as follows:
   1-34        Sec. 123.001.  Definitions.  In this chapter:
   1-35              (1)  "Charitable entity" means a corporation, trust,
   1-36  community chest, fund, foundation, or other entity organized for
   1-37  scientific, educational, philanthropic, or environmental purposes,
   1-38  social welfare, the arts and humanities, or another civic or public
   1-39  purpose described by Section 501(c)(3) of the Internal Revenue Code
   1-40  of 1986 (26 U.S.C. 501(c)(3)).
   1-41              (2)  "Charitable trust" means a charitable entity, a
   1-42  trust the stated purpose of which is to benefit a charitable
   1-43  entity, or an inter vivos or testamentary gift to a charitable
   1-44  entity.
   1-45              (3)  "Proceeding involving a charitable trust" means a
   1-46  suit or other judicial proceeding the object of which is to:
   1-47                    (A)  terminate a charitable trust or distribute
   1-48  its assets to other than charitable donees;
   1-49                    (B)  depart from the objects of the charitable
   1-50  trust stated in the instrument creating the trust, including a
   1-51  proceeding in which the doctrine of cy-pres is invoked;
   1-52                    (C)  construe, nullify, or impair the provisions
   1-53  of a testamentary or other instrument creating or affecting a
   1-54  charitable trust;
   1-55                    (D)  contest or set aside the probate of an
   1-56  alleged will under which money, property, or another thing of value
   1-57  is given for charitable purposes;
   1-58                    (E)  allow a charitable trust to contest or set
   1-59  aside the probate of an alleged will;
   1-60                    (F)  determine matters relating to the probate
   1-61  and administration of an estate involving a charitable trust; or
   1-62                    (G)  obtain a declaratory judgment involving a
   1-63  charitable trust.
   1-64              (4)  "Fiduciary or managerial agent" means an
   1-65  individual, corporation, or other entity acting either as a
   1-66  trustee, a member of the board of directors, an officer, an
   1-67  executor, or an administrator for a charitable trust.
   1-68        SECTION 3.  Section 123.003, Property Code, is amended to
    2-1  read as follows:
    2-2        Sec. 123.003.  Notice.  (a)  Any <An interested> party
    2-3  initiating <or the party's attorney in> a proceeding involving a
    2-4  charitable trust shall give notice of the proceeding to the
    2-5  attorney general by sending to the attorney general, by registered
    2-6  or certified mail, a true <certified> copy of the petition or other
    2-7  instrument initiating the <party's involvement in the> proceeding
    2-8  involving a charitable trust within 30 days of the filing of such
    2-9  petition or other instrument, but no less than 10 days prior to a
   2-10  hearing in such a proceeding.
   2-11        (b)  Notice shall be given to the attorney general of any
   2-12  pleading which adds new causes of action or additional parties to a
   2-13  proceeding a involving charitable trust in which the attorney
   2-14  general has previously waived participation or in which the
   2-15  attorney general has otherwise failed to intervene.  Notice shall
   2-16  be given by sending to the attorney general by registered or
   2-17  certified mail a true copy of the pleading within 30 days of the
   2-18  filing of the pleading, but no less than 10 days prior to a hearing
   2-19  in the proceeding.
   2-20        (c)  The party or the party's attorney shall execute and file
   2-21  in the proceeding a n affidavit stating the facts of the notice and
   2-22  shall attach to the affidavit the customary postal receipts signed
   2-23  by the attorney general or an assistant attorney general.
   2-24        SECTION 4.  Section 123.005, Property Code, is amended to
   2-25  read as follows:
   2-26        Sec. 123.005.  Breach of Fiduciary Duty.  (a)  Venue in a
   2-27  proceeding brought by the attorney general alleging breach of a
   2-28  fiduciary duty by a fiduciary or managerial agent <the trustee> of
   2-29  a charitable trust shall be <in> a court of competent jurisdiction
   2-30  in Travis County or in the county where the defendant resides, has
   2-31  its principal place of business, or has a fixed and established
   2-32  place of business at the suit is brought.
   2-33        (b)  The attorney general, if successful in the proceeding,
   2-34  is entitled to recover from a fiduciary or managerial agent of a
   2-35  charitable trust <the trustee> actual costs incurred in bringing
   2-36  the suit and may recover reasonable attorney's fees.
   2-37        SECTION 5.  The changes in law made by this Act apply only to
   2-38  a cause of action that accrues on or after the effective date of
   2-39  this Act.  A cause of action that accrues before the effective date
   2-40  of this Act is governed by the law in effect on the date the cause
   2-41  of action accrues, and that law is continued in effect for this
   2-42  purpose.
   2-43        SECTION 6.  This Act takes effect September 1, 1995.
   2-44        SECTION 7.  If any section, sentence, clause, or part of this
   2-45  Act shall for any reason be held invalid, such invalidity shall not
   2-46  affect the remaining portions of the Act, and it is hereby declared
   2-47  to be the intention of this legislature to have passed each
   2-48  section, sentence, clause, or part irrespective of the fact that
   2-49  any other section, sentence, clause, or part may be declared
   2-50  invalid.
   2-51        SECTION 8.  The importance of this legislation and the
   2-52  crowded condition of the calendars in both houses create an
   2-53  emergency and an imperative public necessity that the
   2-54  constitutional rule requiring bills to be read on three several
   2-55  days in each house be suspended, and this rule is hereby suspended.
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