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  89R1267 SRA-D     By: Harrison H.B. No. 872       A BILL TO BE ENTITLED   AN ACT   relating to the burden of proof in certain derivative proceedings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter L, Chapter 21, Business Organizations   Code, is amended by adding Section 21.5525 to read as follows:           Sec.   21.5525.     BURDEN OF PROOF IN CERTAIN DERIVATIVE   PROCEEDINGS. Notwithstanding any other law, in a derivative   proceeding by a shareholder that alleges an act or omission related   to the improper consideration of environmental, social, and   governance criteria in the performance of the act or omission, the   burden of proof is on the corporation to prove the act or omission   was in the best interest of the corporation.          SECTION 2.  Section 21.5525, Business Organizations Code, as   added by this Act, applies only to an action commenced on or after   the effective date of this Act. An action commenced before the   effective date of this Act is governed by the law as it existed   immediately before the effective date of this Act, and the former   law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.