Tex. Codes » Business Organizations Code · TITLE 6. ASSOCIATIONS · CHAPTER 252. UNINCORPORATED NONPROFIT ASSOCIATIONS
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Tex. Bus. Orgs. Code § 252.006 (2026)

Liability In Tort And Contract

✓ current as of May 2026
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Sec. 252.006. LIABILITY IN TORT AND CONTRACT. (a) A nonprofit association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties, and liabilities in contract and tort.

(b) A person is not liable for a breach of a nonprofit association's contract or for a tortious act or omission for which a nonprofit association is liable merely because the person is a member, is authorized to participate in the management of the affairs of the nonprofit association, or is a person considered as a member by the nonprofit association.

(c) A tortious act or omission of a member or other person for which a nonprofit association is liable is not imputed to a person merely because the person is a member of the nonprofit association, is authorized to participate in the management of the affairs of the nonprofit association, or is a person considered as a member by the nonprofit association.

(d) A member of, or a person considered as a member by, a nonprofit association may assert a claim against the nonprofit association. A nonprofit association may assert a claim against a member or a person considered as a member by the nonprofit association.

Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2013–2024 · leading case: MT Falkin Investments, L.L.C. v. Chisholm Trail Elks Lodge No. 2659, 400 S.W.3d 658 (Tex. App. 2013).
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MT Falkin Investments, L.L.C. v. Chisholm Trail Elks Lodge No. 2659, 400 S.W.3d 658 (Tex. App. 2013). “” Tex. Bus. Orgs. Code Ann. § 252.006 (a). “A person is not liable for a breach of a nonprofit association’s contract .”
Chad Cohen v. Texas Young Repub. Fed'n (Tex. App. 2024). “TEX. BUS. ORGS. CODE ANN. § 252.006(b) (person is not liable for tortious act or omission for which nonprofit association is liable merely because person is member, is authorized to participate in management of affairs of nonprofit association, or is person considered as member…”
Mary Cummins v. Bat World Sanctuary & Amanda Lollar (Tex. App. 2015). “16 See Tex. Bus. Org. Code Ann. § 252.006 (a) (West 2012) (“A nonprofit association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties, and liabilities in contract and tort.”
in Re Freedom Bible Rsch. Inst., A/K/A Body of Christ Camp & Timothy Raub (Tex. App. 2014). “1992); see also TEX. BUS. ORGS. CODE ANN. § 252.006(a) (West 2012) (“A nonprofit association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties, and liabilities in contract and tort.”
Tex. Bus. Orgs. Code § 252.006(a): 1 case
in Re Freedom Bible Rsch. Inst., A/K/A Body of Christ Camp & Timothy Raub (Tex. App. 2014). “1992); see also TEX. BUS. ORGS. CODE ANN. § 252.006(a) (West 2012) (“A nonprofit association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties, and liabilities in contract and tort.”
Tex. Bus. Orgs. Code § 252.006(b): 1 case
Chad Cohen v. Texas Young Repub. Fed'n (Tex. App. 2024). “TEX. BUS. ORGS. CODE ANN. § 252.006(b) (person is not liable for tortious act or omission for which nonprofit association is liable merely because person is member, is authorized to participate in management of affairs of nonprofit association, or is person considered as member…”
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