HBA-ATS H.B. 1416 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1416
By: Uher
Civil Practices
4/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas has more than 600 local chambers of commerce located
throughout the state. Because chambers of commerce rely on volunteers to
serve  as board members, officers, and service volunteers, Texas liability
laws may affect the decision of potential volunteers to serve.  The
possibility of litigation arising from volunteer duties is likely to
dissuade potential volunteers.  H.B. 1416 includes within the definition of
"charitable organization" a local chamber of commerce that is exempt from
federal income tax and that neither participates in a candidate's campaign
for public office nor contributes to a political action committee
supporting a candidate for public office directly or indirectly.  However,
Chapter 84 (Charitable Immunity and Liability), Civil Practice and Remedies
Code, is inapplicable to a cosponsor of an event or activity with a local
chamber of commerce. 

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 a local chamber of commerce that is exempt from federal income tax
and that neither participates in a candidate's campaign for public office
nor contributes to a political action committee supporting a candidate for
public office directly or indirectly within the definition of "charitable
organization." 

SECTION 2.  Amends Section 84.007, Civil Practice and Remedies Code, by
adding Subsection (h), to provide that Chapter 84 (Charitable Immunity and
Liability) is inapplicable 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.