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Business Organizations Code revisor's report, part 4

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nonprofit purpose. A form of joint tenancy, tenancy in common,<br />

or tenancy by the entirety does not by itself establish a<br />

nonprofit association, regardless of whether the co-owners share<br />

use of the property for a nonprofit purpose. (TUUNAA 2.)<br />

Source Law<br />

2. In this Act:<br />

(1) "Member" means a person who,<br />

under the rules or practices of a nonprofit<br />

association, may <strong>part</strong>icipate in the selection<br />

of persons authorized to manage the affairs<br />

of the nonprofit association or in the<br />

development of policy of the nonprofit<br />

association.<br />

(2) "Nonprofit association" means<br />

an unincorporated organization, other than<br />

one created by a trust, consisting of three<br />

or more members joined by mutual consent for<br />

a common, nonprofit purpose. However, joint<br />

tenancy, tenancy in common, or tenancy by the<br />

entireties does not by itself establish a<br />

nonprofit association, even if the co-owners<br />

share use of the property for a nonprofit<br />

purpose.<br />

(3) "Person" means an individual,<br />

corporation, business trust, estate, trust,<br />

<strong>part</strong>nership, limited liability company,<br />

association, joint venture, government,<br />

governmental subdivision, agency, or<br />

instrumentality, or any other legal or<br />

commercial entity.<br />

(4) "State" means a state of the<br />

United States, the District of Columbia, the<br />

Commonwealth of Puerto Rico, or any territory<br />

or insular possession subject to the<br />

jurisdiction of the United States.<br />

Revisor's Note<br />

No substantive change is intended.<br />

Section 252.001 does not define "person" or<br />

"state," each of which is defined in the<br />

Texas Uniform Unincorporated Nonprofit<br />

Association Act. These terms are defined in<br />

a similar manner in the <strong>Code</strong> Construction<br />

Act, which is incorporated by reference into<br />

the code by Section 1.051.

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