H.B. No. 934
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. This
subsection does not apply to a proceeding that:
(1) is initiated by an application that exclusively
seeks the admission of a will to probate, regardless of whether the
application seeks the appointment of a personal representative, if
the application is uncontested; or
(2) is not a proceeding under Section 83, Texas
Probate Code.
(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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 934 was passed by the House on May 9,
2005, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 934 on May 27, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 934 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor