SRC-HRD H.B. 546 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 546
By: Bosse (Whitmire)
Jurisprudence
5-9-97
Engrossed


DIGEST 

The Charitable Immunity and Liability Act of 1987, Chapter 84 of the Texas
Civil Practice and Remedies Code, provides civil liability protection for
"charitable organizations."  Section 84.003(1) of the Civil Practice and
Remedies Code provides a dual definition of "charitable organization."
The first definition refers to organizations that are exempt from federal
income tax under Section 501 of the Internal Revenue Code of 1986, and the
second definition recognizes organizations without regard to tax-exempt
status under Section 501 of the Internal Revenue Code.  Both definitions
require that the organization be organized exclusively for at least one of
the recognized charitable purposes.  The Woodforest Citizens on Patrol, a
citizen group consisting of volunteers who patrol their neighborhood and
observe and report criminal activity, questioned whether their
organization was covered under the Charitable Immunity and Liability Act
of 1987.  It has been determined that there may be a question as to
coverage under the Act of charitable organizations such as the Woodforest
Citizens on Patrol that are organized exclusively for crime prevention or
law enforcement purposes.  This bill would provide civil liability
protection for certain neighborhood crime prevention or patrol
organizations. 

PURPOSE

As proposed, H.B. 546 provides civil liability protection for charitable
organizations whose purpose is neighborhood crime prevention or patrol by
expanding the definition of "charitable organization" under the Charitable
Immunity and Liability Act of 1987, Chapter 84 of the Texas Civil Practice
and Remedies Code.                                            

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 84.003(1), Civil Practice and Remedies Code, to
redefine "charitable organization" to include certain entities organized
and operated for neighborhood crime prevention or patrol purposes.  Makes
conforming changes. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.