By:  Shapiro                                            S.B. No. 84
                                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.  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.