Flinging Fallacies

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Susan

According to Texas law, the books and records of many (but not all) non-profit corporations must be made available to the public for inspection:

Tex. Rev. Civ. Stat. Art. 1396-2.23A


TEXAS STATUTES AND CODES ANNOTATED BY LEXISNEXIS(TM)


*** THIS DOCUMENT IS CURRENT THROUGH ALL 2003 LEGISLATION ***
*** December 2003 Annotation Service ***


CIVIL STATUTES
TITLE 32--CORPORATIONS
CHAPTER NINE--NON-PROFIT, COOPERATIVE, RELIGIOUS AND CHARITABLE
1. TEXAS NON-PROFIT CORPORATION ACT



GO TO TEXAS CODE ARCHIVE DIRECTORY


Tex. Rev. Civ. Stat. Art. 1396-2.23A (2004)

Art 1396-2.23A. Financial Records and Annual Reports


A. A corporation shall maintain current true and accurate financial records with full and correct entries made with respect to all financial transactions of the corporation, including all income and expenditures, in accordance with generally accepted accounting practices.

B. Based on these records, the board of directors shall annually prepare or approve a report of the financial activity of the corporation for the preceding year. The report must conform to accounting standards as promulgated by the American Institute of Certified Public Accountants and must include a statement of support, revenue, and expenses and changes in fund balances, a statement of functional expenses, and balance sheets for all funds.

C. All records, books, and annual reports of the financial activity of the corporation shall be kept at the registered office or principal office of the corporation in this state for at least three years after the closing of each fiscal year and shall be available to the public for inspection and copying there during normal business hours. The corporation may charge for the reasonable expense of preparing a copy of a record or report.

D. A corporation that fails to maintain financial records, prepare an annual report, or make a financial record or annual report available to the public in the manner prescribed by this article is guilty of a Class B misdemeanor.

E. This article does not apply to:

(1) a corporation that solicits funds only from its members;

(2) a corporation which does not intend to solicit and receive and does not actually raise or receive contributions from sources other than its own membership in excess of $ 10,000 during a fiscal year;

(3) a career school or college that has received a certificate of approval from the Texas Workforce Commission, a public institution of higher education and foundations chartered for the benefit of such institutions or any component part thereof, a private or independent institution of higher education as defined by Section 61.003, Education Code, a postsecondary educational institution with a certificate of authority to grant a degree issued by the Texas Higher Education Coordinating Board, or an elementary or secondary school;

(4) religious institutions which shall be limited to churches, ecclesiastical or denominational organizations, or other established physical places for worship at which religious services are the primary activity and such activities are regularly conducted;

(5) a trade association or professional society whose income is principally derived from membership dues and assessments, sales, or services;

(6) any insurer licensed and regulated by the Texas Department of Insurance;

(7) an alumni association of a public or private institution of higher education in this state, provided that such association is recognized and acknowledged by the institution as its official alumni association.


I don't believe that the Circle C Swimming Foundation (if that's the entity controlling our pool) qualifies for one of the exemptions. That means the books and records are available at 5909 LaCrosse for inspection per the above law. But where at 5909 LaCrosse?

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