Citations
- 902 S.W.2d 686
Full opinion text
CARROLL-, Chief Justice.
This is an appeal from an order granting a writ of mandamus. The writ was an order to appellant, the Texas Appellate Practice and Educational Resource Center (the “Resource Center”), to make available to appellee Jerry Patterson all of its records, books, and annual reports of financial activity for inspection and copying in accordance with Article 1396-2.23A of the Texas Non-Profit Corporation Act. Tex.Rev.Civ.Stat.Ann. art. 1396-2.23A (West 1980 & Supp.1995). Upon motion of the Resource Center, the trial court suspended its order during the pendency of this appeal. We will reverse the judgment of the trial court.
BACKGROUND
The Resource Center, a nonprofit corporation organized and existing under the laws of the State of Texas, is a community defender organization dedicated to ensuring that death row inmates in Texas have adequate legal counsel. In order to accomplish this objective, the Resource Center recruits lawyers to represent inmates, assists those lawyers in their representation, and takes on the representation itself in habeas corpus proceedings.
Patterson, a state senator, became concerned about the activities of the Resource Center in its representation of death row inmates and its public relations campaigns against the death penalty in Texas. Because of his concerns, Patterson made a number of. requests for access to the Resource Center’s financial records pursuant to the provisions of Article 1396-2.23A of the Texas NonProfit Corporation Act. The Resource Center denied his requests, and Patterson responded by filing a petition for writ of mandamus in Travis County district court.
The court held a hearing on Patterson’s petition on February 24, 1994. The court determined that Article 1396-2.23A applied to the Resource Center and granted the writ of mandamus in June 1994. The court ordered the Resource Center to make available to Patterson all records, books, and financial reports of its financial activities at its registered or principal office for inspection and copying during normal business hours. On motion of the Resource Center, the trial court suspended its order granting the writ of mandamus pending this appeal. In seven points of error, the Resource Center raises two basic questions: (1) as a matter of state statutory law, must the Resource Center comply with Article 1396-2.23A; and (2) as a matter of federal constitutional law, can Article 1396-2.23A apply to the Resource Center?
DISCUSSION
In its first three points of error, the Resource Center raises the issue of whether Article 1396-2.23A applies to the Resource Center as a matter of state law. Section C of the statute provides:
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.
Tex.Rev.Civ.Stat.Ann. art. 1396-2.23A(C)