Tex. Prop. Code § 123.001 · Chapter 123. ATTORNEY GENERAL PARTICIPATION IN PROCEEDINGS INVOLVING CHARITABLE TRUSTS
DEFINITIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
In this chapter:
(1) "Charitable entity" means a corporation, trust, community chest, fund, foundation, or other entity organized for scientific, educational, philanthropic, or environmental purposes, social welfare, the arts and humanities, or another civic or public purpose described by Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
(2) "Charitable trust" means a charitable entity, a trust the stated purpose of which is to benefit a charitable entity, or an inter vivos or testamentary gift to a charitable entity.
(3) "Proceeding involving a charitable trust" means a suit or other judicial proceeding the object of which is to:
(A) terminate a charitable trust or distribute its assets to other than charitable donees;
(B) depart from the objects of the charitable trust stated in the instrument creating the trust, including a proceeding in which the doctrine of cy-pres is invoked;
(C) construe, nullify, or impair the provisions of a testamentary or other instrument creating or affecting a charitable trust;
(D) contest or set aside the probate of an alleged will under which money, property, or another thing of value is given for charitable purposes;
(E) allow a charitable trust to contest or set aside the probate of an alleged will;
(F) determine matters relating to the probate and administration of an estate involving a charitable trust; or
(G) obtain a declaratory judgment involving a charitable trust.
(4) "Fiduciary or managerial agent" means an individual, corporation, or other entity acting either as a trustee, a member of the board of directors, an officer, an executor, or an administrator for a charitable trust.
Notes and commentary — not statutory text
History
Added by Acts 1987, 70th Leg., ch. 147, Sec. 4, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 172, Sec. 2, eff. Sept. 1, 1995.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.123.htm
- Text hash
- sha256 311af6795565d61c09c3f5db42eb1fe3641286d73109a9a5df318cb012b104d0
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 10 provisions
Provisions in this library whose text cites Tex. Prop. Code § 123.001. Each shows the citation as that text prints it.
Business Organizations Code
Estates Code
Property Code
- Tex. Prop. Code § 112.071DEFINITIONS.Printed as Section 123.001
- Tex. Prop. Code § 113.0211ADJUSTMENT OF CHARITABLE TRUST.Printed as Section 123.001(1)
- Tex. Prop. Code § 113.026AUTHORITY TO DESIGNATE NEW CHARITABLE BENEFICIARY.Printed as Section 123.001
- Tex. Prop. Code § 113.030RELOCATION OF ADMINISTRATION OF CHARITABLE TRUST.Printed as Section 123.001
- Tex. Prop. Code § 114.003POWERS TO DIRECT: CHARITABLE TRUSTS.Printed as Section 123.001
- Tex. Prop. Code § 114.0031DIRECTED TRUSTS; ADVISORS.Printed as Section 123.001
- Tex. Prop. Code § 240.002DEFINITIONS.Printed as Section 123.001
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.