Texas House Bill HB4103

Texas 2009 - 81st Regular

• Out of House Committee: 5/7/09
• Voted on by House: 5/18/09
• Out of Senate Committee: 5/22/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/28/09
• Passed: 6/19/09

Caption

Relating to management committees of certain nonprofit corporations.

Impact

The implications of this legislation are significant for nonprofits, particularly religious organizations, as it introduces the possibility of having committees that do not require a majority of directors. This shift could enhance the ability of these organizations to involve more diverse membership within their committees, potentially allowing for a broader range of perspectives and expertise in their governance. The bill is expected to foster more inclusive management practices within religious and nonprofit settings.

Summary

House Bill 4103 amends provisions regarding the management committees of certain nonprofit corporations in Texas. The bill modifies the existing requirements for committees by allowing them to be composed entirely of non-directors when the corporation is a religious institution, provided this is stipulated in the corporation's certificate of formation or bylaws. This change aims to create more flexible governance structures for religious entities, accommodating their unique operational and oversight needs.

Contention

While the bill received overwhelming support during the voting process, there may be concerns regarding accountability and governance, as the shift to allow non-directors in majority positions on committees diverges from traditional corporate governance models. Opponents might argue that this could dilute the oversight and control typically exercised by the board of directors, especially in organizations that may face unique operational challenges. However, supporters assert that the changes provide necessary flexibility and recognition of the distinct nature of nonprofits.