By: Duncan, Carona, Watson S.B. No. 1240
(In the Senate - Filed March 6, 2013; March 13, 2013, read
first time and referred to Committee on Jurisprudence;
April 17, 2013, reported favorably by the following vote: Yeas 5,
Nays 0; April 17, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the partition of mineral interests of a charitable
trust.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 9, Property Code, is amended by
adding Chapter 124 to read as follows:
CHAPTER 124. PARTITION OF MINERAL INTERESTS OF CHARITABLE TRUST
Sec. 124.001. DEFINITIONS. In this chapter:
(1) "Charitable entity" means a corporation, trust,
community chest, fund, foundation, or other entity organized for
scientific, educational, philanthropic, or environmental purposes,
social welfare, the arts and humanities, or another civic or public
purpose described by Section 501(c)(3), Internal Revenue Code of
1986.
(2) "Charitable trust" means a charitable entity, a
trust the stated purpose of which is to benefit a charitable entity,
or an inter vivos or testamentary gift to a charitable entity.
(3) "Mineral interest" means an interest in oil, gas,
or other mineral substance in place or that otherwise constitutes
real property without regard to the depth at which such mineral
substance is found.
Sec. 124.002. COMPULSORY PARTITION PROHIBITED. A partition
of any mineral interest owned or claimed by a charitable trust may
not be compelled by a joint owner or claimant.
SECTION 2. The change in law made by this Act applies only
to an action to compel a partition of a mineral interest commenced
on or after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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