HBA-EVB S.B. 348 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 348
By: Haywood
Civil Practices
4/24/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas has more than 600 local chambers of commerce located
throughout the state. The role of every chamber of commerce is to improve
the quality of life in its community, to create new jobs, and to improve
local tax bases. Chambers of commerce rely on volunteers from the community
for board members, officers, and service volunteers. If these members are
threatened with potential litigation arising from their volunteer duties,
they are less likely to serve. S.B. 348 includes certain chambers of
commerce in the definition of a "charitable organization," and entitles
such chambers of commerce, thus defined, to the charitable immunity and
liability provisions set forth in Chapter 84 (Charitable Immunity and
Liability), Civil Practice and Remedies Code. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 84.003(1), Civil Practice and Remedies Code, to
include in the definition of a "charitable organization" a local chamber of
commerce that is exempt from federal income tax under Section 501(a) of the
Internal Revenue Code of 1986 by being listed as an exempt organization in
Section 501(c)(6) of the Internal Revenue Code of 1986, that does not
directly or indirectly participate or intervene in any political campaign
on behalf of or in opposition to any candidate for public office, and that
does not directly or indirectly contribute to a political action committee
that makes expenditures to any candidates for public office. Makes a
conforming change. 

SECTION 2. Amends Section 84.007, Civil Practice and Remedies Code, by
adding Subsection (h), to provide that this chapter (Charitable Immunity
and Liability) does not apply to a cosponsor of an event or activity with a
local chamber of commerce. 

SECTION 3. Effective date: September 1, 1999.
 Makes application of this Act prospective.

SECTION 4. Emergency clause.