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A BILL TO BE ENTITLED
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AN ACT
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relating to the partition of mineral interests of a charitable |
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trust. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 9, Property Code, is amended by |
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adding Chapter 124 to read as follows: |
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CHAPTER 124. PARTITION OF MINERAL INTERESTS OF CHARITABLE TRUST |
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Sec. 124.001. DEFINITIONS. In this chapter: |
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(1) "Charitable entity" means a corporation, trust, |
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community chest, fund, foundation, or other entity organized for |
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scientific, educational, philanthropic, or environmental purposes, |
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social welfare, the arts and humanities, or another civic or public |
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purpose described by Section 501(c)(3), Internal Revenue Code of |
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1986. |
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(2) "Charitable trust" means a charitable entity, a |
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trust the stated purpose of which is to benefit a charitable entity, |
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or an inter vivos or testamentary gift to a charitable entity. |
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(3) "Mineral interest" means an interest in oil, gas, |
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or other mineral substance in place or that otherwise constitutes |
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real property without regard to the depth at which such mineral |
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substance is found. |
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Sec. 124.002. COMPULSORY PARTITION PROHIBITED. A partition |
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of any mineral interest owned or claimed by a charitable trust may |
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not be compelled by a joint owner or claimant. |
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SECTION 2. The change in law made by this Act applies only |
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to an action to compel a partition of a mineral interest commenced |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |