79R11710 KCR-D


By:  Taylor                                                       H.B. No. 934


A BILL TO BE ENTITLED
AN ACT
relating to notice requirements in certain proceedings relating to charitable trusts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 123.003(a) and (b), Property Code, are amended to read as follows: (a) Any party initiating a proceeding involving a charitable trust shall give notice of the proceeding to the attorney general by sending to the attorney general, by registered or certified mail, a true copy of the petition or other instrument initiating the proceeding involving a charitable trust within 30 days of the filing of such petition or other instrument, but no less than 25 [10] days prior to a hearing in such a proceeding. (b) Notice shall be given to the attorney general of any pleading which adds new causes of action or additional parties to a proceeding involving a charitable trust in which the attorney general has previously waived participation or in which the attorney general has otherwise failed to intervene. Notice shall be given by sending to the attorney general by registered or certified mail a true copy of the pleading within 30 days of the filing of the pleading, but no less than 25 [10] days prior to a hearing in the proceeding. SECTION 2. The change in law made by this Act applies only to a petition, instrument, or pleading that is filed in a proceeding involving a charitable trust on or after the effective date of this Act. A petition, instrument, or pleading that is filed in a proceeding involving a charitable trust before the effective date of this Act is governed by the law in effect at the time the petition, instrument, or pleading is filed, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2005.