CHAPTER 126. LOCAL RELIGIOUS CONGREGATIONS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
CHAPTER 126. LOCAL RELIGIOUS CONGREGATIONS
SUBCHAPTER A. RECEIVERSHIP FOR LOCAL RELIGIOUS CONGREGATION
Sec. 126.001. DEFINITION. In this subchapter, "religious
congregation" does not include the religion or a denomination of
the religion as a whole.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31,
1987.
Sec. 126.002. APPOINTMENT OF RECEIVER. (a) The judge of a
district court or another court of jurisdiction shall on
application appoint a receiver for any religious congregation
that:
(1) formerly maintained regular forms of work and worship in a
given community at regular intervals; and
(2) has ceased to function as a religious congregation in those
or similar capacities for at least one year.
(b) The judge shall hear and determine the application in term
or in vacation.
(c) Before appointing a receiver, the judge shall apply to the
secretary of state for a certified copy of the record of trustees
required by this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31,
1987.
Sec. 126.003. QUALIFICATIONS. (a) A person appointed receiver
for the religious congregation need not be a member of an active
religious congregation of like faith. If an organization is
appointed receiver, the organization must be a recognized
organization of like faith.
(b) If the organization of like faith has a state society or an
organization similarly formed and named and the society or
organization is authorized to act as receiver or trustee for the
organization , the court may appoint the society or organization
to serve as receiver.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31,
1987.
Sec. 126.004. POWERS AND DUTIES. (a) The receiver shall take
charge of all property belonging to the religious congregation
and administer that property under the direction of the court for
the best interests of the religious congregation.
(b) If necessary to preserve the property, the receiver may sell
it under order of the court.
(c) The court shall order the public or private sale of property
belonging to a religious congregation that may not be revived or
reorganized within a reasonable time. The proceeds of the sale
shall be delivered to the receiver, who shall use them for a
religious congregation of like faith.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31,
1987.
SUBCHAPTER B. TRUSTEES
Sec. 126.011. RECORD. (a) On receipt of $2.50, the secretary
of state shall record the names of all trustees appointed by any
state organization of a religious congregation in this state.
(b) The appointment must be duly authenticated by an officer
authorized to acknowledge deeds in this state.
(c) The secretary of state shall keep the record in a well-bound
book in the secretary of state's office.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31,
1987.
Sec. 126.012. CERTIFIED COPY TO COURT. (a) The secretary of
state shall furnish a certified copy of the appointments to any
court in this state on application by the judge or court clerk.
(b) If the certified copy is used in a proceeding, $1.50 shall
be taxed as costs to be collected and paid as other costs.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31,
1987.
Sec. 126.013. CHANGE IN TRUSTEES. This chapter does not affect
a religious congregation's right to change, appoint, or elect its
trustees.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31,
1987.