76R7970 CAS-F                           
         By Smith                                               H.B. No. 115
         Substitute the following for H.B. No. 115:
         By Brimer                                          C.S.H.B. No. 115
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain rights of a trustee and settlor concerning a
 1-3     charitable trust.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 113, Property Code, is
 1-6     amended by adding Section 113.026 to read as follows:
 1-7           Sec. 113.026.  AUTHORITY TO DESIGNATE NEW CHARITABLE
 1-8     BENEFICIARY.  (a)  In this section:
 1-9                 (1)  "Charitable entity" has the meaning assigned by
1-10     Section 123.001.
1-11                 (2)  "Failed charitable beneficiary" means a charitable
1-12     entity that is named as a beneficiary of a trust and that:
1-13                       (A)  does not exist at the time the charitable
1-14     entity's interest in the trust becomes vested;
1-15                       (B)  ceases to exist during the term of the
1-16     trust; or
1-17                       (C)  ceases to be a charitable entity during the
1-18     term of the trust.
1-19           (b)  This section applies only to an express written trust
1-20     created by an individual with a charitable entity as a beneficiary.
1-21     If the trust instrument provides a means for replacing a failed
1-22     charitable beneficiary, the trust instrument governs the
1-23     replacement of a failed charitable beneficiary, and this section
1-24     does not apply.
 2-1           (c)  The trustee of a trust may select one or more
 2-2     replacement charitable beneficiaries for a failed charitable
 2-3     beneficiary in accordance with this section.
 2-4           (d)  Each replacement charitable beneficiary selected under
 2-5     this section by any person must:
 2-6                 (1)  be a charitable entity and an entity described
 2-7     under Sections 170(b)(1)(A), 170(c), 2055(a), and 2522(a) of the
 2-8     Internal Revenue Code of 1986, as amended; and
 2-9                 (2)  have the same or similar charitable purpose as the
2-10     failed charitable beneficiary.
2-11           (e)  If the settlor of the trust is living and not
2-12     incapacitated at the time a trustee is selecting a replacement
2-13     charitable beneficiary, the trustee shall consult with the settlor
2-14     concerning the selection of one or more replacement charitable
2-15     beneficiaries.
2-16           (f)  If the trustee and the settlor agree on the selection of
2-17     one or more replacement charitable beneficiaries, the trustee shall
2-18     send notice of the selection to the attorney general.  If the
2-19     attorney general determines that one or more replacement charitable
2-20     beneficiaries do not have the same or similar charitable purpose as
2-21     the failed charitable beneficiary, not later than the 21st day
2-22     after the date the attorney general receives notice of the
2-23     selection, the attorney general shall request in writing that a
2-24     district court in the county in which the trust was created review
2-25     the selection.  If the court agrees with the attorney general's
2-26     determination, any remaining replacement charitable beneficiary
2-27     agreed on by the trustee and the settlor is the replacement
 3-1     charitable beneficiary.  If there is not a remaining replacement
 3-2     charitable beneficiary agreed on by the trustee and the settlor,
 3-3     the court shall select one or more replacement charitable
 3-4     beneficiaries.  If the court finds that the attorney general's
 3-5     request for a review is unreasonable, the replacement charitable
 3-6     beneficiary is the charitable beneficiary agreed on by the trustee
 3-7     and the settlor, and the court may require the attorney general to
 3-8     pay all court costs of the parties involved.  Not later than the
 3-9     30th day after the date the selection is final, the trustee shall
3-10     provide to each replacement charitable beneficiary selected notice
3-11     of the selection by certified mail, return receipt requested.
3-12           (g)  If the trustee and the settlor cannot agree on the
3-13     selection of a replacement charitable beneficiary, the trustee
3-14     shall send notice of that fact to the attorney general not later
3-15     than the 21st day after the date the trustee determines that an
3-16     agreement cannot be reached.  The attorney general shall refer the
3-17     matter to a district court in the county in which the trust was
3-18     created.  The trustee and the settlor may each recommend to the
3-19     court one or more replacement charitable beneficiaries.  The court
3-20     shall select a replacement charitable beneficiary and, not later
3-21     than the 30th day after the date of the selection, provide to each
3-22     charitable beneficiary selected notice of the selection by
3-23     certified mail, return receipt requested.
3-24           SECTION 2.  Section 113.026, Property Code, as added by this
3-25     Act, applies only to a trust created on or after the effective date
3-26     of this Act.
3-27           SECTION 3.  The importance of this legislation and the
 4-1     crowded condition of the calendars in both houses create an
 4-2     emergency and an imperative public necessity that the
 4-3     constitutional rule requiring bills to be read on three several
 4-4     days in each house be suspended, and this rule is hereby suspended,
 4-5     and that this Act take effect and be in force from and after its
 4-6     passage, and it is so enacted.