Texas 2023 - 88th Regular

Texas House Bill HB3949

Filed
3/7/23  
Out of House Committee
4/28/23  
Voted on by House
5/11/23  
Out of Senate Committee
5/19/23  
Voted on by Senate
5/24/23  
Governor Action
6/12/23  

Caption

Relating to arbitration of certain controversies involving members of certain nonprofit entities.

Impact

The passage of HB 3949 is expected to have a significant impact on state laws governing nonprofit organizations by addressing gaps in existing arbitration provisions. Previously, uncertainty existed regarding the applicability of arbitration for certain nonprofit groups, leading to potential conflicts and disputes that required alternative resolution methods. By establishing a clearer legal framework, the bill aims to enhance the functioning of nonprofit organizations and reduce the legal ambiguities that often result in prolonged conflicts and resource drain.

Summary

House Bill 3949 seeks to clarify arbitration provisions for nonprofit organizations in Texas, specifically extending the ability to arbitrate internal conflicts to certain nonprofits previously excluded from such provisions. The bill, which amends the Civil Practice and Remedies Code, particularly addresses nonprofit entities classified under 501(c)(3) status and ensures that members within these organizations can resolve disputes through arbitration, thus avoiding lengthy and public litigation processes. This legislative initiative represents an effort to streamline dispute resolution mechanisms for nonprofits, promoting efficiency within these entities.

Sentiment

The sentiment surrounding HB 3949 appears largely positive, particularly among supporters who emphasize the need for a clear arbitration framework tailored to nonprofit organizations. Advocates believe the bill addresses a critical gap in the law, allowing nonprofits to operate more effectively by providing a structured approach to conflict resolution. Testimonies during committee discussions indicate a recognition of the bill as a necessary adjustment to existing statutes, and there is a consensus among legislators regarding its importance for fostering nonprofit operations.

Contention

Despite the overall support, some concerns were raised regarding the extent of arbitration provisions and their implications on members' rights within nonprofits. Critics caution against the potential for arbitration to limit access to judicial recourse for members who may prefer litigation over arbitration. However, such apprehensions did not significantly hinder the bill's progress through the legislative process, which passed with overwhelming support in both the House and Senate.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 173. Arbitration Of Certain Controversies Involving Members Of Certain Nonprofit Entities
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 13. Affidavit Of Inability To Pay Costs
    • Section: New Section

Business Organizations Code

  • Chapter 23. Special-purpose Corporations
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.