Texas 2011 - 82nd Regular

Texas House Bill HB2921 Compare Versions

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Old	New	Differences
1	1	82R17658 TJS-F
2	2	By: Lewis H.B. No. 2921
3	3	Substitute the following for H.B. No. 2921:
4	4	By: Cook C.S.H.B. No. 2921
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the power of the office of the attorney general to make
10	10	certain examinations and inquiries.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.151, Business Organizations Code, is
13	13	amended to read as follows:
14	14	Sec. 12.151. AUTHORITY OF ATTORNEY GENERAL TO EXAMINE BOOKS
15	15	AND RECORDS AND MAKE CERTAIN INQUIRIES. (a) Each filing entity and
16	16	foreign filing entity shall permit the attorney general to inspect,
17	17	examine, and make copies, as the attorney general considers
18	18	necessary in the performance of a power or duty of the attorney
19	19	general, of any record of the entity. A record of the entity
20	20	includes minutes and a book, account, letter, memorandum,
21	21	electronic transmission, document, check, voucher, telegram,
22	22	constitution, and bylaw.
23	23	(b) If the attorney general has reason to believe that a
24	24	nonprofit entity with a charitable purpose is engaging in, has
25	25	engaged in, or is about to engage in an unlawful act or practice or
26	26	that it would be in the public interest to conduct an investigation
27	27	to ascertain whether the entity is engaging in, has engaged in, or
28	28	is about to engage in an unlawful act or practice, the attorney
29	29	general may:
30	30	(1) require an employee or agent of the entity to file
31	31	on forms prescribed by the attorney general a statement or report in
32	32	writing, under oath or otherwise, as to all the facts and
33	33	circumstances concerning the alleged unlawful act or practice and
34	34	other data and information the attorney general considers
35	35	necessary; and
36	36	(2) examine under oath any person in connection with
37	37	the alleged unlawful act or practice.
38	38	SECTION 2. The heading to Chapter 123, Property Code, is
39	39	amended to read as follows:
40	40	CHAPTER 123. ATTORNEY GENERAL PARTICIPATION IN PROCEEDINGS
41	41	INVOLVING AND INVESTIGATION OF MATTERS CONCERNING CHARITABLE
42	42	TRUSTS
43	43	SECTION 3. Chapter 123, Property Code, is amended by adding
44	44	Section 123.007 to read as follows:
45	45	Sec. 123.007. AUTHORITY OF ATTORNEY GENERAL TO EXAMINE
46	46	BOOKS AND RECORDS AND MAKE CERTAIN INQUIRIES. (a) Each charitable
47	47	entity or fiduciary or managerial agent of a charitable trust shall
48	48	permit the attorney general to inspect, examine, and make copies,
49	49	as the attorney general considers necessary in the performance of a
50	50	power or duty of the attorney general with respect to charitable
51	51	entities and trusts, of any record of the charitable entity or
52	52	trust. A record of the charitable entity or trust includes minutes
53	53	and a book, account, letter, memorandum, electronic transmission,
54	54	document, check, voucher, telegram, constitution, and bylaw.
55	55	(b) If the attorney general has reason to believe that a
56	56	person is engaging in, has engaged in, or is about to engage in an
57	57	unlawful act or practice with respect to a charitable trust or that
58	58	it would be in the public interest to conduct an investigation to
59	59	ascertain whether the person is engaging in, has engaged in, or is
60	60	about to engage in an unlawful act or practice with respect to a
61	61	charitable trust, the attorney general may:
62	62	(1) require the person to file on forms prescribed by
63	63	the attorney general a statement or report in writing, under oath or
64	64	otherwise, as to all the facts and circumstances concerning the
65	65	alleged unlawful act or practice and other data and information as
66	66	the attorney general considers necessary; and
67	67	(2) examine under oath any person in connection with
68	68	the alleged unlawful act or practice.
69	69	SECTION 4. This Act takes effect September 1, 2011.