Seminar commentary on 2015 Texas legislation affecting nonprofits

Three months after adjournment of the 2015 Texas Legislature, reflecting on issues and trends raised during the session is in order. My presentation on August 13 at the annual State Bar of Texas Governance Nonprofit Organizations seminar is available here, and it highlights these items of interest:

  • The overall regulatory environment for nonprofit entities in Texas remains “light” in comparison to other states where there are extensive annual registration or licensing requirements with fees, regulation of solicitations from the public, mandatory public disclosure of organizational finances and other state government compliance regimes.
  • There were no significant changes to the Texas Nonprofit Corporation Law in Chapter 22 of the Texas Business Organizations Code, which is the primary body of law relating to nonprofit governance and disclosure issues.
  • The legislature showed continuing interest in granting legal immunity or limiting the liability of volunteers, first responders, volunteers supervising local amateur athletic events, and licensed professionals who volunteer during a disaster response.

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2015 Texas Legislative Summary for nonprofits – End-of-session final report

As the results of the 140-day 2015 legislative session are reviewed, winners and losers come into view—bills that passed, that almost passed, should have passed or died due to some parliamentary or procedural circumstance. It is equally important to consider groups of dead bills that reflect an issue, policy or advocacy group that will be back in 2017 for another try.

The complete June 25, 2015 SUMMARY OF ISSUES AFFECTING NONPROFIT ORGANIZATIONS is available here and reflects some of the 1,332 bills passed from the almost 6,300 filed. The governor vetoed only 42 bills. This indicates a 21% passage rate. [Read more…]

2015 Texas Legislative Summary for nonprofits – Last-day-of-session report

As the haze of the 140-day 2015 legislative session lifts, winners and losers come into view—bills that passed, that almost passed, should have passed or died due to some parliamentary or procedural circumstance. Equally important is to consider groups of dead bills that reflect an issue, idea or constituent base that will be back in 2017 for another try.

The complete June 1, 2015 SUMMARY OF ISSUES AFFECTING NONPROFIT ORGANIZATIONS is available here, and will be updated when the Governor’s veto period has lapsed and effective dates of passed bills can be listed.

During the coming hot summer, there will be time to reflect on the effect of new laws on nonprofit organizations, state associations, foundations and local volunteer leaders. Some items of interest: [Read more…]

2015 Texas Legislative Summary for nonprofits—Late session report

With four weeks remaining in the 2015 Texas legislative session, bills must be moving to survive and be passed. Procedural rules, long committee agendas and end-of-session deadlines become important and will spell the end of most bills now on file. They can die in committee because they have never moved from there. Bills that are moving can “die by the clock” when they have not moved between the two houses in sufficient time to be reconsidered by the other house or a conference committee.

[Read more…]

Bake sales appear to escape new Texas health department regulations

Nonprofit and charitable organizations take note . . . 

Preparers of home-baked goods who sell to the public are the subject of new regulations adopted by the Texas Department of State Health Services, effective June 22, 2012. But what about members of nonprofit organizations who voluntarily contribute their favorite “sweets” to a fundraiser involving a bake sale? [Read more…]