S.B. No. 918

	AN ACT
	relating to attorney general participation in proceedings
	involving charitable trusts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 123.005, Property Code, is amended to
	read as follows:
	Sec. 123.005.  BREACH OF FIDUCIARY DUTY: VENUE.
	[(a)]  Venue in a proceeding brought by the attorney general
	alleging breach of a fiduciary duty by a charitable entity or a
	fiduciary or managerial agent of a charitable trust shall be a court
	of competent jurisdiction in Travis County or in the county where
	the defendant resides or has its principal office.
	[(b)     The attorney general, if successful in the proceeding,
	is entitled to recover from a fiduciary or managerial agent of a
	charitable trust actual costs incurred in bringing the suit and may
	recover reasonable attorney's fees.]
	SECTION 2.  Chapter 123, Property Code, is amended by adding
	Section 123.006 to read as follows:
	Sec. 123.006.  ATTORNEY'S FEES. (a)  In a proceeding
	subject to Section 123.005, the attorney general, if successful in
	the proceeding, is entitled to recover from the charitable entity
	or fiduciary or managerial agent of the charitable trust actual
	costs incurred in bringing the suit and may recover reasonable
	attorney's fees.
	(b)  In a proceeding in which the attorney general intervenes
	under this chapter, other than a proceeding subject to Section
	123.005, a court may award the attorney general court costs and
	reasonable and necessary attorney's fees as may seem equitable and
	just.
	SECTION 3.  The change in law made by this Act applies only
	to a proceeding commenced on or after the effective date of this
	Act. A proceeding commenced before the effective date of this Act
	is governed by the law in effect immediately before that date, and
	that law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 918 passed the Senate on
	April 16, 2009, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 918 passed the House on
	May 12, 2009, by the following vote:  Yeas 149, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor