Relating to the formation of decentralized unincorporated nonprofit associations and the use of distributed ledger or blockchain technology for certain business purposes; authorizing fees.
Impact
If enacted, HB 4518 would amend the Business Organizations Code, adding a new chapter dedicated to decentralized structures that can be utilized for various purposes, particularly those with nonprofit objectives. This framework not only legitimizes the use of blockchain but also provides organizations with the ability to function without requiring formal incorporation, promoting innovation in organizational governance. Furthermore, it enhances legal clarity around the operations and liabilities associated with DUNPs, potentially encouraging more collaborative ventures within the nonprofit sector.
Summary
House Bill 4518 introduces a framework for the formation of decentralized unincorporated nonprofit associations (DUNPs) and outlines the application of distributed ledger technology, including blockchain. This legislation aims to enable such organizations to operate with a clear set of rules governing their structure, management, and operational conduct. The bill provides definitions of terms related to DUNPs, establishes the rights and responsibilities of members and administrators, and allows for the execution of smart contracts in governance, thereby facilitating automated transactions and operational efficiencies.
Sentiment
The sentiment around HB 4518 appears to be positive among innovators and advocates for technological advancement in organizational forms. Proponents highlight that it represents a forward-thinking approach, which can streamline processes and increase efficiencies for organizations engaged in philanthropic activities. However, there are also concerns regarding the implications of such technology-driven governance, particularly about accountability, member rights, and the potential for misuse of decentralized systems. Critics caution that without robust regulatory oversight, the decentralized nature of these associations could lead to challenges in governance and legal recourse.
Contention
Notable points of contention revolve around the governance mechanisms provided in the bill, including the use of smart contracts and the degree of autonomy granted to decentralized associations. Some lawmakers argue about the complexities that may arise with decentralized decision-making processes and the potential lack of formal governance that could stem from this structure. There is also a concern regarding protecting members' rights and ensuring proper accountability in case of disputes, emphasizing the need for a delicate balance between innovation and regulatory oversight in this emerging area.
Texas Constitutional Statutes Affected
Business Organizations Code
Chapter 6. Meetings And Voting For Domestic Entities
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 1. Definitions And Other General Provisions
Section: New Section
Section: New Section
Section: New Section
Chapter 2. Purposes And Power Of Domestic Entity
Section: New Section
Section: New Section
Section: New Section
Chapter 4. Filings
Section: New Section
Section: New Section
Section: New Section
Chapter 10. Mergers, Interest Exchanges, Conversions, And Sales Of Assets
Relating to the formation of decentralized unincorporated associations and the use of distributed ledger or blockchain technology for certain business purposes; authorizing a fee.
Relating to the regulation of money services businesses; creating a criminal offense; creating administrative penalties; authorizing the imposition of a fee.
Relating to a temporary decrease in the rates of state sales and use taxes applicable to certain sales the payment for which is made using a decentralized network in the blockchain.
Relating to a study by the General Land Office on the establishment and implementation by the General Land Office of a distributed ledger-based title registry pilot program.
Relating to instructional material and technology, the adoption of essential knowledge and skills for certain public school foundation curriculum subjects, and the extension of additional state aid to school districts for the provision of certain instructional materials; authorizing a fee.
Relating to the formation of decentralized unincorporated associations and the use of distributed ledger or blockchain technology for certain business purposes; authorizing a fee.
Unincorporated nonprofit associations; creating the Uniform Unincorporated Nonprofit Association Act; establishing procedures and requirements for certain associations. Effective date.