81R3966 PMO-D
By: Cook H.B. No. 729
A BILL TO BE ENTITLED
AN ACT
relating to property rights of certain religious organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Property Code, is amended by adding
Chapter 30 to read as follows:
CHAPTER 30. DIVISION OF PROPERTY OF CERTAIN RELIGIOUS
ORGANIZATIONS
Sec. 230.001. DEFINITIONS. In this chapter:
(1) "Factional separation" means a disaffiliation of
an organizational unit from its ruling body over one or more
doctrinal positions that is temporally related to a disaffiliation
of an aggregate of organizational units under the same ruling body
over the same one or more doctrinal positions.
(2) "Hierarchical religious organization" means a
church, synagogue, mosque, or other religious institution that:
(A) has as its primary purpose the propagation of
religious beliefs;
(B) meets the standards for qualification as a
religious organization under Section 11.20, Tax Code; and
(C) is organized into orders or ranks each
subordinate to the one above it.
Sec. 30.002. APPLICABILITY. This chapter applies only to a
hierarchical religious organization that has a factional
separation.
Sec. 30.003. GENERAL RULE OF PROPERTY DIVISION. On
application, notice, and hearing, a court shall order a division of
the estate of the parties in a manner that the court considers just
and right, having due regard for the rights of each party and any
other interested person.
SECTION 2. This Act applies to a factional separation of a
hierarchical religious organization as those terms are defined by
Section 30.001, Property Code, as added by this Act, occurring on or
after the effective date of this Act. A factional separation of a
hierarchical religious organization as those terms are defined by
Section 30.001, Property Code, as added by this Act, that occurs
before the effective date of this Act is governed by the law in
effect on the date that the application was filed, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.