2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
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.