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A BILL TO BE ENTITLED
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AN ACT
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relating to property rights of certain religious organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Property Code, is amended by adding |
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Chapter 30 to read as follows: |
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CHAPTER 30. DIVISION OF PROPERTY OF CERTAIN RELIGIOUS |
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ORGANIZATIONS |
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Sec. 230.001. DEFINITIONS. In this chapter: |
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(1) "Factional separation" means a disaffiliation of |
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an organizational unit from its ruling body over one or more |
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doctrinal positions that is temporally related to a disaffiliation |
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of an aggregate of organizational units under the same ruling body |
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over the same one or more doctrinal positions. |
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(2) "Hierarchical religious organization" means a |
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church, synagogue, mosque, or other religious institution that: |
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(A) has as its primary purpose the propagation of |
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religious beliefs; |
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(B) meets the standards for qualification as a |
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religious organization under Section 11.20, Tax Code; and |
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(C) is organized into orders or ranks each |
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subordinate to the one above it. |
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Sec. 30.002. APPLICABILITY. This chapter applies only to a |
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hierarchical religious organization that has a factional |
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separation. |
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Sec. 30.003. GENERAL RULE OF PROPERTY DIVISION. On |
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application, notice, and hearing, a court shall order a division of |
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the estate of the parties in a manner that the court considers just |
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and right, having due regard for the rights of each party and any |
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other interested person. |
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SECTION 2. This Act applies to a factional separation of a |
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hierarchical religious organization as those terms are defined by |
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Section 30.001, Property Code, as added by this Act, occurring on or |
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after the effective date of this Act. A factional separation of a |
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hierarchical religious organization as those terms are defined by |
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Section 30.001, Property Code, as added by this Act, that occurs |
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before the effective date of this Act is governed by the law in |
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effect on the date that the application was filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |