| 1 | 1 | | 81R3966 PMO-D |
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| 2 | 2 | | By: Cook H.B. No. 729 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to property rights of certain religious organizations. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Title 4, Property Code, is amended by adding |
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| 10 | 10 | | Chapter 30 to read as follows: |
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| 11 | 11 | | CHAPTER 30. DIVISION OF PROPERTY OF CERTAIN RELIGIOUS |
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| 12 | 12 | | ORGANIZATIONS |
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| 13 | 13 | | Sec. 230.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Factional separation" means a disaffiliation of |
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| 15 | 15 | | an organizational unit from its ruling body over one or more |
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| 16 | 16 | | doctrinal positions that is temporally related to a disaffiliation |
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| 17 | 17 | | of an aggregate of organizational units under the same ruling body |
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| 18 | 18 | | over the same one or more doctrinal positions. |
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| 19 | 19 | | (2) "Hierarchical religious organization" means a |
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| 20 | 20 | | church, synagogue, mosque, or other religious institution that: |
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| 21 | 21 | | (A) has as its primary purpose the propagation of |
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| 22 | 22 | | religious beliefs; |
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| 23 | 23 | | (B) meets the standards for qualification as a |
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| 24 | 24 | | religious organization under Section 11.20, Tax Code; and |
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| 25 | 25 | | (C) is organized into orders or ranks each |
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| 26 | 26 | | subordinate to the one above it. |
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| 27 | 27 | | Sec. 30.002. APPLICABILITY. This chapter applies only to a |
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| 28 | 28 | | hierarchical religious organization that has a factional |
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| 29 | 29 | | separation. |
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| 30 | 30 | | Sec. 30.003. GENERAL RULE OF PROPERTY DIVISION. On |
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| 31 | 31 | | application, notice, and hearing, a court shall order a division of |
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| 32 | 32 | | the estate of the parties in a manner that the court considers just |
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| 33 | 33 | | and right, having due regard for the rights of each party and any |
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| 34 | 34 | | other interested person. |
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| 35 | 35 | | SECTION 2. This Act applies to a factional separation of a |
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| 36 | 36 | | hierarchical religious organization as those terms are defined by |
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| 37 | 37 | | Section 30.001, Property Code, as added by this Act, occurring on or |
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| 38 | 38 | | after the effective date of this Act. A factional separation of a |
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| 39 | 39 | | hierarchical religious organization as those terms are defined by |
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| 40 | 40 | | Section 30.001, Property Code, as added by this Act, that occurs |
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| 41 | 41 | | before the effective date of this Act is governed by the law in |
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| 42 | 42 | | effect on the date that the application was filed, and the former |
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| 43 | 43 | | law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2009. |
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