By McCall                                              H.B. No. 981
         76R1837 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of certain volunteer centers.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 84.003(1), Civil Practice and Remedies
 1-5     Code, is amended to read as follows:
 1-6                 (1)  "Charitable organization" means:
 1-7                       (A)  any organization exempt from federal income
 1-8     tax under  Section 501(a) of the Internal Revenue Code of 1986 by
 1-9     being listed as an exempt organization in  Section 501(c)(3) or
1-10     501(c)(4) of the code, if it is a nonprofit corporation,
1-11     foundation, community chest, or fund organized and operated
1-12     exclusively for charitable, religious, prevention of cruelty to
1-13     children or animals, youth sports and youth recreational,
1-14     neighborhood crime prevention or patrol, or educational purposes,
1-15     excluding private primary or secondary schools, alumni associations
1-16     and related on-campus organizations, or is organized and operated
1-17     exclusively for the promotion of social welfare by being primarily
1-18     engaged in promoting the common good and general welfare of the
1-19     people in a community;
1-20                       (B)  any bona fide charitable, religious,
1-21     prevention of cruelty to children or animals, youth sports and
1-22     youth recreational, neighborhood crime prevention or patrol, or
1-23     educational organization, excluding alumni associations and related
1-24     on-campus organizations, or other organization organized and
 2-1     operated exclusively for the promotion of social welfare by being
 2-2     primarily engaged in promoting the common good and general welfare
 2-3     of the people in a community, and that:
 2-4                             (i)  is organized and operated exclusively
 2-5     for one or more of the above purposes;
 2-6                             (ii)  does not engage in activities which
 2-7     in themselves are not in furtherance of the purpose or purposes;
 2-8                             (iii)  does not directly or indirectly
 2-9     participate or intervene in any political campaign on behalf of or
2-10     in opposition to any candidate for public office;
2-11                             (iv)  dedicates its assets to achieving the
2-12     stated purpose or purposes of the organization;
2-13                             (v)  does not allow any part of its net
2-14     assets on dissolution of the organization to inure to the benefit
2-15     of any group, shareholder, or individual; and
2-16                             (vi)  normally receives more than one-third
2-17     of its support in any year from private or public gifts, grants,
2-18     contributions, or membership fees;  [or]
2-19                       (C)  a homeowners association as defined by
2-20     Section 528(c) of the Internal Revenue Code of 1986; or
2-21                       (D)  a volunteer center, as that term is defined
2-22     by Section 411.126, Government Code.
2-23           SECTION 2.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended,
 3-1     and that this Act take effect and be in force from and after its
 3-2     passage, and it is so enacted.