Bill Text: TX HB2921 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the power of the office of the attorney general to make certain examinations and inquiries.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-29 - Committee report sent to Calendars [HB2921 Detail]
Download: Texas-2011-HB2921-Introduced.html
Bill Title: Relating to the power of the office of the attorney general to make certain examinations and inquiries.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-29 - Committee report sent to Calendars [HB2921 Detail]
Download: Texas-2011-HB2921-Introduced.html
By: Lewis | H.B. No. 2921 |
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relating to the power of the office of the attorney general to make | ||
certain examinations and inquiries. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.151, Business Organizations Code, is | ||
amended to read as follows: | ||
Sec. 12.151. AUTHORITY OF ATTORNEY GENERAL TO EXAMINE BOOKS | ||
AND RECORDS AND MAKE CERTAIN INQUIRIES. (a) Each filing entity and | ||
foreign filing entity shall permit the attorney general to inspect, | ||
examine, and make copies, as the attorney general considers | ||
necessary in the performance of a power or duty of the attorney | ||
general, of any record of the entity. A record of the entity | ||
includes minutes and a book, account, letter, memorandum, e-mail, | ||
document, check, voucher, telegram, constitution, and bylaw. | ||
(b) If the attorney general has reason to believe that a | ||
nonprofit entity with a charitable purpose is engaging in, has | ||
engaged in, or is about to engage in an unlawful act or practice or | ||
that it would be in the public interest to conduct an investigation | ||
to ascertain whether the entity is engaging in, has engaged in, or | ||
is about to engage in an unlawful act or practice, the attorney | ||
general may: | ||
(1) require an employee or agent of the entity to file | ||
on forms prescribed by the attorney general a statement or report in | ||
writing, under oath or otherwise, as to all the facts and | ||
circumstances concerning the alleged unlawful act or practice and | ||
other data and information the attorney general considers | ||
necessary; and | ||
(2) examine under oath any person in connection with | ||
the alleged unlawful act or practice. | ||
SECTION 2. The heading to Chapter 123, Property Code, is | ||
amended to read as follows: | ||
CHAPTER 123. ATTORNEY GENERAL PARTICIPATION IN PROCEEDINGS | ||
INVOLVING AND INVESTIGATION OF MATTERS CONCERNING CHARITABLE | ||
TRUSTS | ||
SECTION 3. Chapter 123, Property Code, is amended by adding | ||
Section 123.007 to read as follows: | ||
Sec. 123.007. AUTHORITY OF ATTORNEY GENERAL TO EXAMINE | ||
BOOKS AND RECORDS AND MAKE CERTAIN INQUIRIES. (a) Each charitable | ||
entity or fiduciary or managerial agent of a charitable trust shall | ||
permit the attorney general to inspect, examine, and make copies, | ||
as the attorney general considers necessary in the performance of a | ||
power or duty of the attorney general with respect to charitable | ||
entities and trusts, of any record of the charitable entity or | ||
trust. A record of the charitable entity or trust includes minutes | ||
and a book, account, letter, memorandum, e-mail, document, check, | ||
voucher, telegram, constitution, and bylaw. | ||
(b) If the attorney general has reason to believe that a | ||
person is engaging in, has engaged in, or is about to engage in an | ||
unlawful act or practice with respect to a charitable trust or that | ||
it would be in the public interest to conduct an investigation to | ||
ascertain whether the person is engaging in, has engaged in, or is | ||
about to engage in an unlawful act or practice with respect to a | ||
charitable trust, the attorney general may: | ||
(1) require the person to file on forms prescribed by | ||
the attorney general a statement or report in writing, under oath or | ||
otherwise, as to all the facts and circumstances concerning the | ||
alleged unlawful act or practice and other data and information as | ||
the attorney general considers necessary; and | ||
(2) examine under oath any person in connection with | ||
the alleged unlawful act or practice. | ||
SECTION 4. This Act takes effect September 1, 2011. |