82R4613 TJS-D
By: Carona S.B. No. 342
A BILL TO BE ENTITLED
AN ACT
relating to the power of the office of the attorney general to make
certain examinations and inquiries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.151, Business Organizations Code, is
amended to read as follows:
Sec. 12.151. AUTHORITY OF ATTORNEY GENERAL TO EXAMINE BOOKS
AND RECORDS AND MAKE CERTAIN INQUIRIES. (a) Each filing entity and
foreign filing entity shall permit the attorney general to inspect,
examine, and make copies, as the attorney general considers
necessary in the performance of a power or duty of the attorney
general, of any record of the entity. A record of the entity
includes minutes and a book, account, letter, memorandum, e-mail,
document, check, voucher, telegram, constitution, and bylaw.
(b) If the attorney general has reason to believe that a
filing entity or foreign filing entity is engaging in, has engaged
in, or is about to engage in an unlawful act or practice or that it
would be in the public interest to conduct an investigation to
ascertain whether the entity is engaging in, has engaged in, or is
about to engage in an unlawful act or practice, the attorney general
may:
(1) require an employee or agent of the entity to file
on forms prescribed by the attorney general a statement or report in
writing, under oath or otherwise, as to all the facts and
circumstances concerning the alleged unlawful act or practice and
other data and information the attorney general considers
necessary; and
(2) examine under oath any person in connection with
the alleged unlawful act or practice.
SECTION 2. The heading to Chapter 123, Property Code, is
amended to read as follows:
CHAPTER 123. ATTORNEY GENERAL PARTICIPATION IN PROCEEDINGS
INVOLVING AND INVESTIGATION OF MATTERS CONCERNING CHARITABLE
TRUSTS
SECTION 3. Chapter 123, Property Code, is amended by adding
Section 123.007 to read as follows:
Sec. 123.007. AUTHORITY OF ATTORNEY GENERAL TO EXAMINE
BOOKS AND RECORDS AND MAKE CERTAIN INQUIRIES. (a) Each charitable
entity or fiduciary or managerial agent of a charitable trust shall
permit the attorney general to inspect, examine, and make copies,
as the attorney general considers necessary in the performance of a
power or duty of the attorney general with respect to charitable
entities and trusts, of any record of the charitable entity or
trust. A record of the charitable entity or trust includes minutes
and a book, account, letter, memorandum, e-mail, document, check,
voucher, telegram, constitution, and bylaw.
(b) If the attorney general has reason to believe that a
person is engaging in, has engaged in, or is about to engage in an
unlawful act or practice with respect to a charitable trust or that
it would be in the public interest to conduct an investigation to
ascertain whether the person is engaging in, has engaged in, or is
about to engage in an unlawful act or practice with respect to a
charitable trust, the attorney general may:
(1) require the person to file on forms prescribed by
the attorney general a statement or report in writing, under oath or
otherwise, as to all the facts and circumstances concerning the
alleged unlawful act or practice and other data and information as
the attorney general considers necessary; and
(2) examine under oath any person in connection with
the alleged unlawful act or practice.
SECTION 4. This Act takes effect September 1, 2011.