SRC-JJJ H.B. 3276 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3276
By: Averitt (Sibley)
Jurisprudence
5/11/1999
Engrossed


DIGEST 

In 1997, Congress passed federal legislation granting antitrust immunity
and a right of interlocutory appeal for matters dealing with charitable
gift annuities and charitable trusts.  Courts have found related Texas law
to be inconsistent with the federal legislation.  H.B. 3276 would establish
conditions regarding the application of the Texas Non-Profit Corporation
Act to charitable trustees. 

PURPOSE

As proposed, H.B. 3276 establishes conditions regarding the application of
the Texas Non-Profit Corporation Act to charitable trustees. 

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 Article 1396-2.31, V.T.C.S., (Texas Non-Profit
Corporation Act), to require any corporation described in this article to
have immunity from suit as to any claim alleging that the corporation's
role as trustee of a trust described in this article constitutes engaging
in the trust business in a manner requiring a state charter.  Authorizes an
interlocutory appeal to be taken if a court denies or otherwise fails to
grant a motion for summary judgment that is based on an assertion of the
immunity provided in this subsection. 

SECTION 2.  Makes application of Article 1396-2.31, V.T.C.S. as amended by
this Act retroactive. 

SECTION 3.  Makes application of this Act retroactive.

SECTION 4.  Emergency clause.
  Effective date: upon passage.