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                                                                  H.B. No. 934




AN ACT

relating to notice requirements in certain proceedings relating to 
charitable trusts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 123.003(a) and (b), Property Code, are 
amended to read as follows:
	(a)  Any party initiating a proceeding involving a 
charitable trust shall give notice of the proceeding to the 
attorney general by sending to the attorney general, by registered 
or certified mail, a true copy of the petition or other instrument 
initiating the proceeding involving a charitable trust within 30 
days of the filing of such petition or other instrument, but no less 
than 25 [10] days prior to a hearing in such a proceeding.  This 
subsection does not apply to a proceeding that:
		(1)  is initiated by an application that exclusively 
seeks the admission of a will to probate, regardless of whether the 
application seeks the appointment of a personal representative, if 
the application is uncontested; or
		(2)  is not a proceeding under Section 83, Texas 
Probate Code.       
	(b)  Notice shall be given to the attorney general of any 
pleading which adds new causes of action or additional parties to a 
proceeding involving a charitable trust in which the attorney 
general has previously waived participation or in which the 
attorney general has otherwise failed to intervene.  Notice shall 
be given by sending to the attorney general by registered or 
certified mail a true copy of the pleading within 30 days of the 
filing of the pleading, but no less than 25 [10] days prior to a 
hearing in the proceeding.
	SECTION 2.  The change in law made by this Act applies only 
to a petition, instrument, or pleading that is filed in a proceeding 
involving a charitable trust on or after the effective date of this 
Act.  A petition, instrument, or pleading that is filed in a 
proceeding involving a charitable trust before the effective date 
of this Act is governed by the law in effect at the time the 
petition, instrument, or pleading is filed, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 934 was passed by the House on May 9, 
2005, by a non-record vote; and that the House concurred in Senate 
amendments to H.B. No. 934 on May 27, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 934 was passed by the Senate, with 
amendments, on May 25, 2005, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor