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AN ACT
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relating to attorney general participation in proceedings |
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involving charitable trusts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 123.005, Property Code, is amended to |
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read as follows: |
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Sec. 123.005. BREACH OF FIDUCIARY DUTY: VENUE. |
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[(a)] Venue in a proceeding brought by the attorney general |
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alleging breach of a fiduciary duty by a charitable entity or a |
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fiduciary or managerial agent of a charitable trust shall be a court |
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of competent jurisdiction in Travis County or in the county where |
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the defendant resides or has its principal office. |
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[(b)
The attorney general, if successful in the proceeding,
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is entitled to recover from a fiduciary or managerial agent of a
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charitable trust actual costs incurred in bringing the suit and may
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recover reasonable attorney's fees.] |
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SECTION 2. Chapter 123, Property Code, is amended by adding |
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Section 123.006 to read as follows: |
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Sec. 123.006. ATTORNEY'S FEES. (a) In a proceeding |
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subject to Section 123.005, the attorney general, if successful in |
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the proceeding, is entitled to recover from the charitable entity |
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or fiduciary or managerial agent of the charitable trust actual |
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costs incurred in bringing the suit and may recover reasonable |
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attorney's fees. |
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(b) In a proceeding in which the attorney general intervenes |
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under this chapter, other than a proceeding subject to Section |
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123.005, a court may award the attorney general court costs and |
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reasonable and necessary attorney's fees as may seem equitable and |
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just. |
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SECTION 3. The change in law made by this Act applies only |
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to a proceeding commenced on or after the effective date of this |
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Act. A proceeding commenced before the effective date of this Act |
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is governed by the law in effect immediately before that date, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 918 passed the Senate on |
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April 16, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 918 passed the House on |
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May 12, 2009, by the following vote: Yeas 149, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |