By: Sibley S.B. No. 1948
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the treatment of certain annuities as charitable gift
1-2 annuities and the application of the Insurance Code and certain
1-3 other laws to charitable gift annuities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 1.14-1A, Insurance Code, is amended by
1-6 adding Section 7 to read as follows:
1-7 Sec. 7. TREATMENT OF ANNUITY AS CHARITABLE GIFT ANNUITY;
1-8 ESTOPPEL. A donor who treats an annuity as a charitable gift
1-9 annuity in a filing with the United States Internal Revenue Service
1-10 is estopped from asserting in any litigation or proceeding that the
1-11 annuity is not a qualified charitable gift annuity issued by a
1-12 charitable organization, as described by Sections 1, 2, and 6 of
1-13 this article and Section 2(b), Article 1.14-1 of this code.
1-14 SECTION 2. (a) The purpose of this section is to clarify
1-15 the intent of the legislature with respect to the effect of
1-16 Sections 1, 2, and 6, Article 1.14-1A, Insurance Code, as those
1-17 sections existed immediately before the effective date of this Act.
1-18 (b) Sections 1, 2, and 6, Article 1.14-1A, Insurance Code,
1-19 as those sections existed immediately before the effective date of
1-20 this Act, apply to any charitable gift annuity issued before, on,
1-21 or after the effective date of this Act, including any charitable
2-1 gift annuity that is the subject of litigation or another
2-2 proceeding that is pending on the effective date of this Act.
2-3 (c) This section applies without regard to the effective
2-4 date of the legislation enacting Article 1.14-1A, Insurance Code,
2-5 or any other legislation enacted by any legislature that amended
2-6 the provisions of Article 1.14-1A, Insurance Code.
2-7 SECTION 3. This Act applies to any charitable gift annuity
2-8 issued before, on, or after the effective date of this Act,
2-9 including any charitable gift annuity that is the subject of
2-10 litigation or another proceeding that is pending on the effective
2-11 date of this Act.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.