HBA-DMH S.B. 78 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 78
By: Haywood
Civil Practices
5/7/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, local chambers of commerce are not included under the definition
of a "charitable organization," making volunteers subject to potential
litigation.  Senate Bill 78 includes certain local chambers of commerce in
the definition of "charitable organization," offering immunity from civil
liability to an officer, director, trustee, or a direct service volunteer
acting in good faith.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 78 amends the Civil Practice and Remedies Code to include in
the definition of "charitable organization" a local chamber of commerce
that:  

_is exempt from federal income tax under Section 501(a) of the Internal
Revenue Code of 1986; 

_does not directly or indirectly participate or intervene in any political
campaign on behalf of or in opposition to any candidate for public office;
and 

_does not directly or indirectly contribute to a political action committee
that makes expenditures to any candidates for public office. 

The Charitable Immunity and Liability Act of 1987 (Act) does not apply to a
cosponsor of an event or activity with a local chamber of commerce unless
the cosponsor is a charitable organization under the Act. 

EFFECTIVE DATE

September 1, 2001.