1-1 By: Shapiro S.B. No. 84
1-2 (In the Senate - Filed November 13, 2000; January 10, 2001,
1-3 read first time and referred to Committee on Business and Commerce;
1-4 February 7, 2001, reported favorably by the following vote: Yeas
1-5 7, Nays 0; February 7, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the liability of certain volunteer centers.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subdivision (1), Section 84.003, Civil Practice
1-11 and Remedies Code, is amended to read as follows:
1-12 (1) "Charitable organization" means:
1-13 (A) any organization exempt from federal income
1-14 tax under Section 501(a) of the Internal Revenue Code of 1986 by
1-15 being listed as an exempt organization in Section 501(c)(3) or
1-16 501(c)(4) of the code, if it is a nonprofit corporation,
1-17 foundation, community chest, or fund organized and operated
1-18 exclusively for charitable, religious, prevention of cruelty to
1-19 children or animals, youth sports and youth recreational,
1-20 neighborhood crime prevention or patrol, or educational purposes,
1-21 excluding private primary or secondary schools, alumni associations
1-22 and related on-campus organizations, or is organized and operated
1-23 exclusively for the promotion of social welfare by being primarily
1-24 engaged in promoting the common good and general welfare of the
1-25 people in a community;
1-26 (B) any bona fide charitable, religious,
1-27 prevention of cruelty to children or animals, youth sports and
1-28 youth recreational, neighborhood crime prevention or patrol, or
1-29 educational organization, excluding alumni associations and related
1-30 on-campus organizations, or other organization organized and
1-31 operated exclusively for the promotion of social welfare by being
1-32 primarily engaged in promoting the common good and general welfare
1-33 of the people in a community, and that:
1-34 (i) is organized and operated exclusively
1-35 for one or more of the above purposes;
1-36 (ii) does not engage in activities which
1-37 in themselves are not in furtherance of the purpose or purposes;
1-38 (iii) does not directly or indirectly
1-39 participate or intervene in any political campaign on behalf of or
1-40 in opposition to any candidate for public office;
1-41 (iv) dedicates its assets to achieving the
1-42 stated purpose or purposes of the organization;
1-43 (v) does not allow any part of its net
1-44 assets on dissolution of the organization to inure to the benefit
1-45 of any group, shareholder, or individual; and
1-46 (vi) normally receives more than one-third
1-47 of its support in any year from private or public gifts, grants,
1-48 contributions, or membership fees; [or]
1-49 (C) a homeowners association as defined by
1-50 Section 528(c) of the Internal Revenue Code of 1986; or
1-51 (D) a volunteer center, as that term is defined
1-52 by Section 411.126, Government Code.
1-53 SECTION 2. This Act applies only to a cause of action that
1-54 accrues on or after the effective date of this Act. A cause of
1-55 action that accrues before the effective date of this Act is
1-56 governed by the law in effect immediately before the effective date
1-57 of this Act, and the former law is continued in effect for that
1-58 purpose.
1-59 SECTION 3. This Act takes effect immediately if it receives
1-60 a vote of two-thirds of all the members elected to each house, as
1-61 provided by Section 39, Article III, Texas Constitution. If this
1-62 Act does not receive the vote necessary for immediate effect, this
1-63 Act takes effect September 1, 2001.
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