2005 Texas Civil Practice & Remedies Code CHAPTER 126. LOCAL RELIGIOUS CONGREGATIONS

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 126. LOCAL RELIGIOUS CONGREGATIONS

SUBCHAPTER A. RECEIVERSHIP FOR LOCAL RELIGIOUS CONGREGATION


	§ 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 937, § 1, eff. Aug. 31, 1987.


	§ 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 937, § 1, eff. Aug. 31, 1987.


	§ 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 937, § 1, eff. Aug. 31, 1987.


	§ 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 937, § 1, eff. Aug. 31, 1987.

SUBCHAPTER B. TRUSTEES


	§ 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 937, § 1, eff. Aug. 31, 1987.


	§ 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 937, § 1, eff. Aug. 31, 1987.


	§ 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 937, § 1, eff. Aug. 31, 1987.