By Hilbert H.B. No. 2217
76R8076 CLG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of an officer of a nonprofit corporation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The Texas Non-Profit Corporation Act (Article
1-5 1396-1.01 et seq.) is amended by adding Section 2.22 to read as
1-6 follows:
1-7 Sec. 2.22. OFFICER LIABILITY. An officer is not liable to
1-8 the corporation or any other person for an action taken or omission
1-9 made by the officer in that capacity unless the officer's conduct
1-10 was not exercised:
1-11 (1) in good faith;
1-12 (2) with ordinary care; and
1-13 (3) in a manner the officer reasonably believes to be
1-14 in the best interest of the corporation.
1-15 SECTION 2. This Act takes effect September 1, 1999, and
1-16 applies only to an action filed on or after that date. An action
1-17 filed before the effective date of this Act is governed by the law
1-18 in effect when the action was filed, and the former law is
1-19 continued in effect for that purpose.
1-20 SECTION 3. The importance of this legislation and the
1-21 crowded condition of the calendars in both houses create an
1-22 emergency and an imperative public necessity that the
1-23 constitutional rule requiring bills to be read on three several
1-24 days in each house be suspended, and this rule is hereby suspended.