SRC-DPW H.B. 3001 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3001
By: Hartnett (Cain)
Jurisprudence
5/11/1999
Engrossed


DIGEST 

Currently, 10 of the 13 community foundations that exist in Texas are
organized as nonprofit corporations, with the remaining three organized as
community trusts (trusts).  A nonprofit corporation can directly control
all assets and funds, increasing investment returns while decreasing
transaction costs.  Trusts have separate institutional trustees handle
trust accounts, which may lead to increased costs.  It is believed by some
that allowing trusts to convert to nonprofit corporations may result in
greater operating efficiencies and investment returns.  This bill would set
forth provisions for the conversion of a trust to a nonprofit corporation. 

PURPOSE

As proposed, H.B. 3001 authorizes certain trusts to convert to nonprofit
corporations. 

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 Chapter 112C, Property Code, by adding Section 112.058,
as follows: 

Sec. 112.058. CONVERSION OF COMMUNITY TRUST TO NONPROFIT CORPORATION.
Defines "assets" and "community trust."  Authorizes a community trust with
court approval to transfer the assets of the trust to a nonprofit
corporation and terminate the trust as provided by this section.  Sets
forth criteria that a nonprofit corporation is required to meet in order to
receive assets transferred from a community trust.  Requires the governing
body of the community trust (governing body) to: file a petition in a
probate court, county court, or district court (court) requesting the
transfer of assets and the termination of the trust; send a copy of the
governing body's petition and a notice specifying the time and place of the
courtscheduled hearing on the petition to each trust settlor and each
trustee of each component trust of the community trust; and publish notice
requesting permission to convert to a nonprofit corporation.  Sets forth
suggested text and format of the notice required by Subsection (d)(3). Sets
forth procedures for scheduling a hearing on the governing body's petition.
Authorizes the court, by order, to require approval from the Internal
Revenue Service (IRS) for an asset transfer under this section, on a
request from the governing body.  Authorizes the assets transfer to occur
on the date the governing body files a notice with the court that the IRS
has approved the asset transfer (IRS approval notice), if the court orders
approval from the IRS.  Requires an IRS approval notice to be filed on or
before the first anniversary of the date the court's order approving the
asset transfer is signed.  Provides that the court's order is dissolved if
the IRS approval notice is not filed within the prescribed time.  Requires
a court order transferring the assets of and terminating a community trust
to provide that the duties of each trustee of each component trust fund of
the community trust are terminated on the date the assets are transferred.
Provides that this subsection does not affect the liability of a trustee
for acts or omissions that occurred before the duties of the trustee are
terminated. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.