By: Brown S.B. No. 1344
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the liability of an officer of a nonprofit corporation.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. The Texas Non-Profit Corporation Act (Article
1-4 1396-1.01 et seq., Vernon's Texas Civil Statutes) is amended by
1-5 adding Article 2.22 to read as follows:
1-6 Art. 2.22. OFFICER LIABILITY. An officer is not liable to
1-7 the corporation or any other person for an action taken or omission
1-8 made by the officer in the person's capacity as an officer unless
1-9 the officer's conduct was not exercised:
1-10 (1) in good faith;
1-11 (2) with ordinary care; and
1-12 (3) in a manner the officer reasonably believes to be
1-13 in the best interest of the corporation.
1-14 SECTION 2. This Act takes effect September 1, 1999, and
1-15 applies only to an action filed on or after that date. An action
1-16 filed before the effective date of this Act is governed by the law
1-17 in effect when the action was filed, and the former law is
1-18 continued in effect for that purpose.
1-19 SECTION 3. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
1-22 constitutional rule requiring bills to be read on three several
1-23 days in each house be suspended, and this rule is hereby suspended.