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. Subdivision (1), Section 84.003, Civil Practice
1-5 and Remedies 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
1-25 operated exclusively for the promotion of social welfare by being
2-1 primarily engaged in promoting the common good and general welfare
2-2 of the people in a community, and that:
2-3 (i) is organized and operated exclusively
2-4 for one or more of the above purposes;
2-5 (ii) does not engage in activities which
2-6 in themselves are not in furtherance of the purpose or purposes;
2-7 (iii) does not directly or indirectly
2-8 participate or intervene in any political campaign on behalf of or
2-9 in opposition to any candidate for public office;
2-10 (iv) dedicates its assets to achieving the
2-11 stated purpose or purposes of the organization;
2-12 (v) does not allow any part of its net
2-13 assets on dissolution of the organization to inure to the benefit
2-14 of any group, shareholder, or individual; and
2-15 (vi) normally receives more than one-third
2-16 of its support in any year from private or public gifts, grants,
2-17 contributions, or membership fees; [or]
2-18 (C) a homeowners association as defined by
2-19 Section 528(c) of the Internal Revenue Code of 1986; or
2-20 (D) a volunteer center, as that term is defined
2-21 by Section 411.126, Government Code.
2-22 SECTION 2. This Act applies only to a cause of action that
2-23 accrues on or after the effective date of this Act. A cause of
2-24 action that accrues before the effective date of this Act is
2-25 governed by the law in effect immediately before the effective date
2-26 of this Act, and the former law is continued in effect for that
3-1 purpose.
3-2 SECTION 3. This Act takes effect immediately if it receives
3-3 a vote of two-thirds of all the members elected to each house, as
3-4 provided by Section 39, Article III, Texas Constitution. If this
3-5 Act does not receive the vote necessary for immediate effect, this
3-6 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 84 passed the Senate on
February 14, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 84 passed the House on
April 30, 2001, by the following vote: Yeas 145, Nays 0, one
present, not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor