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THE CANONS OF THE EPISCOPAL DIOCESE OF FORT WORTH

Adopted in Conventions 1982-2015


CANON 1 - Members of the Convention CANON 24 - Assistant Clergy
CANON 2 - Meetings of Convention CANON 25 - Wardens and Vestry of Parishes
CANON 3 - Order of Business CANON 26 - Parish or Mission Meetings
CANON 4 - Secretary of the Diocese CANON 27 - Annual Parochial Reports
CANON 5 - Treasurer of the Diocese CANON 28 - Parish Registers
CANON 6 - Chancellor of the Diocese CANON 29 - Business Methods
CANON 7 - Registrar of the Diocese CANON 30 - Use of Dedicated and Consecrated Churches
CANON 8 - Historiographer of the Diocese CANON 31 - Corporations
CANON 9 - The Standing Committee CANON 32 - Controversy Between Rector and Vestry or Between a Parish and the Diocese
CANON 10 - The Executive Council CANON 33 - Vacant Parishes
CANON 11 - Deputies to the Provincial Synod CANON 34 - Changes of Parishes or Missions
CANON 12 - [Repealed] CANON 35 - Deaneries
CANON 13 - Commission on Ministry CANON 36 - The Clergy Retirement Fund
CANON 14 - Commission on Church Architecture and Allied Arts CANON 37 - Diocesan Schools
CANON 15 - Commission on Episcopal Schools CANON 38 - Ecclesiastical Discipline
CANON 16 - Assessment of Parishes and Missions CANON 39 - Trial of a Priest or Deacon
CANON 17 - Corporation of the Episcopal Diocese of Fort Worth CANON 40 - Election of a Bishop
CANON 18 - Title to Property CANON 41 - Renunciation of the Ministry
CANON 19 - Diocesan Revolving Fund CANON 42 - Of Clergy and Their Duties
CANON 20 - Diocesan Institution CANON 43 – Of Holy Matrimony
CANON 21 - Missions CANON 44 – Of the Ordination of Deacons and Priests
CANON 22 - Formation of New Parishes Geographic Description of The Diocese of Fort Worth
CANON 23 - A Rector or Vicar Recording Data Transferring Title to all Property to The Corporation of The Episcopal Diocese of Fort Worth

CANON 1
MEMBERS OF THE CONVENTION

Sec. 1.1 Every Parish and Mission in union with the Convention shall be entitled to Lay Delegates determined by the number of confirmed adult communicants in good standing reported in the Annual Parochial Report for the year ending December 31 next preceding the Diocesan Convention according to the following table:

100 or less – 1 Delegate 751 through 1,050 – 6 Delegates
101 through 200 – 2 Delegates 1,051 through 1,400 – 7 Delegates
201 through 300 – 3 Delegates 1,401 through 2,000 – 8 Delegates
301 through 500 – 4 Delegates 2,001 through 2,750 – 9 Delegates
501 through 750 – 5 Delegates 2,751 and over – 10 Delegates

In no case shall a Parish have more than ten (10) Lay Delegates.

Sec. 1.2 The selection of the Lay Delegates shall be certified in writing by the Secretary or Clerk of the Vestry of the Parish or Mission; but, in the absence of the Secretary or Clerk, such certificates of election may be signed by one of the Wardens, or by the Rector or Vicar of such Parish or Mission. The "Certificate of Election of Lay Delegates" shall show upon its face that their election as Delegates has been made pursuant to this Canon.

Sec. 1.3 Each Parish and Mission shall elect Alternate Lay Delegates equal in number to the number of Lay Delegates to which entitled. In the absence of a Lay Delegate, an Alternate Lay Delegate from the same Parish or Mission shall have all rights and privileges of a Lay Delegate. The election of Alternate Lay Delegates shall be certified in the same manner as provided for Lay Delegates.

Sec. 1.4 The Rectors of Parishes and Vicars of Missions shall have authority to fill such vacancies as may occur in the list of Alternate Lay Delegates between the time of such election and any meetings of The Convention.

Sec. 1.5 Immediately before the meeting of each Convention, the Bishop, or in case of his death or inability to act, the Standing Committee, shall prepare a list of the Clergy canonically resident in the Diocese, excluding those who have been suspended from the Ministry. The list shall be filed with the Secretary of the Convention on the first day of its meeting, and shall be prefixed to the Journal.

Sec. 1.6 All priest certified under Sec. 1.5 are voting members of this Convention.

Sec. 1.7 All deacons shall be entitled to seat and voice but no vote.

Revised November 1998

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CANON 2
MEETINGS OF CONVENTION

Sec. 2.1 The Convention of this Diocese shall meet as provided in Article 3 of the Constitution.

Sec. 2.2 Special meeting of the Convention may be called only as provided in Article 4 of the Constitution.

Sec. 2.3 Whenever a special meeting of the Convention is called, the Secretary of the Diocese shall transmit a written notice to the Clergy entitled to a seat in the Convention and to the Wardens of Parishes and Missions of the Diocese. The notice shall specify the business to be transacted and the time and place of the meeting.

Sec. 2.4 It is the duty of Clergy entitled to a seat in the Convention and of Lay Delegates duly elected to attend all its sessions. Clergy may be absent from meetings of the Convention only by permission of the Bishop.

Sec. 2.5 Not later than twenty (20) days before the opening day of each Convention, the Secretary of the Diocese shall send in some manner to the Clergy and Lay Delegates the agenda, nominations, resolutions, proposals, proposed budget, and other pertinent material.

Sec. 2.6 Except to the extent controlled by the Constitution or Canons of this Diocese or adopted "Rules of Procedure" the meetings of the Convention shall be conducted in accordance with the most recent edition of Robert's Rules of Order.

Sec. 2.7 Before the Convention convenes the Bishop shall appoint a qualified Parliamentarian to advise him on parliamentary questions arising during the Convention.

Revised October 1994

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CANON 3
ORDER OF BUSINESS

Sec. 3.1 At the opening of any Convention, the President shall take the chair and shall declare as the first order of business the election of a Secretary of the Convention. A report shall follow by the Chairman of the Committee on Credentials as to the number of Clergy and Lay Delegates in attendance and whether or not there is a quorum. If there is a quorum, the Convention shall proceed to the transaction of business pursuant to the Order of Business recommended by the President and adopted by the Convention. If there is no quorum the Convention is adjourned until there is a quorum.

Revised October 1989

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CANON 4
SECRETARY OF THE DIOCESE

Sec. 4.1 At each Convention a Secretary shall be nominated by the Bishop and elected by the Convention and shall continue in office until a successor is elected.

Sec. 4.2 The Secretary shall have the following duties:

a. Take the minutes of the proceedings of the Convention;

b. After review of the minutes of the Convention by the Bishop, place such minutes in THE JOURNAL OF THE EPISCOPAL DIOCESE OF FORT WORTH (the "Journal");

c. Preserve such documents and records as may be in possession of the Secretary and to deliver all such documents and records to the office of the Bishop for custody not later than four (4) months following adjournment of the Convention;

d. Within thirty (30) days after the adjournment of the Convention, furnish to the Treasurer of the Diocese a certified statement of the budget approved by the Convention for the ensuing year; and

e. Perform all such other duties as may be required by the Constitution and Canons of this Diocese or requested by the Bishop.

Sec. 4.3 Upon request of the Secretary, the Bishop may appoint one or more Assistant Secretary or Secretaries, who shall serve until the next Convention under the direction of the Secretary and assist in the discharge of the duties of such office.

Sec. 4.4 In the event the Secretary is unwilling or unable to act or continue to act in the capacity of Secretary, the Bishop shall appoint a successor Secretary who shall continue in the office until the next Convention, when a successor shall be elected.

Revised November 2008

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CANON 5
TREASURER OF THE DIOCESE

Sec. 5.1 At each Convention a Treasurer shall be nominated by the Bishop and elected by the Convention and shall continue in office until a successor is elected.

Sec. 5.2 The Treasurer shall have the following duties:

a. To receive and disburse all monies collected by or under the authority of the Convention, monies distributed by the Diocesan Corporation, and any special or designated monies;

b. Maintain appropriate accounts of all funds on a calendar year basis in books and records kept and maintained in accordance with generally accepted accounting principles;

c. Render to the Convention annually an accounting for all monies collected and disbursed for the calendar year ended prior to the date of the Convention, which accounting shall be subject to audit at the direction of the Executive Council;

d. Render to the Executive Council such reports as may be requested from time to time;

e. Preserve such accounting books and records as may be in the possession of the Treasurer and to deliver all prior years’ books and records to the office of the Bishop for custody and deliver all current year books and records to any successor Treasurer following Convention each year;

f. Provide access to all books and records in the Treasurer's control to any auditor(s) as requested by the Executive Council, from time to time during any calendar year; and

g. Perform all such other duties as may be required by the Constitution and Canons of this Diocese or requested by the Bishop.

Sec. 5.3 Upon request of the Treasurer, the Bishop may appoint one or more Assistant Treasurer(s) who shall serve until the next Convention under the direction of the Treasurer and assist in the discharge of the duties of such office.

Sec. 5.4 In the event the Treasurer is unwilling or unable to act or continue to act in the capacity of Treasurer, the Bishop shall appoint a successor Treasurer who shall continue in the office until the next Convention, when a successor shall be elected.

Sec. 5.5 The Treasurer and any Assistant Treasurers appointed by the Bishop shall be bonded with such sureties and in such amounts as shall be determined by the Executive Council.

Revised October 1990

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CANON 6
CHANCELLOR OF THE DIOCESE

Sec. 6.1 At each Convention, a Chancellor shall be nominated by the Bishop and elected by the Convention, who shall continue in office until a successor is elected.

Sec. 6.2 In order to be nominated by the Bishop, the Chancellor shall possess the following qualifications:

a. the Chancellor shall be an attorney duly licensed to practice law within the State of Texas;

b. the Chancellor shall be in good standing with the State Bar of Texas; and

c. the Chancellor shall be actively engaged in the practice of law at the time of nomination.

Sec. 6.3 The Chancellor shall have the following duties:

a. in general, to be the legal advisor to the Bishop, the Standing Committee, and the Corporation of the Diocese of Fort Worth; and

b. to answer and respond to all legal questions submitted by the Bishop, the Standing Committee, or the Corporation of the Diocese of Fort Worth, including without limitation, any questions concerning property of the Diocese, validity of any action taken by the Diocese or any of its committees or authorities, or any other matter submitted for opinion.

Sec. 6.4 Upon request of the Chancellor, the Bishop may appoint one or more Assistant Chancellor(s), who shall serve until the next Convention under the direction of the Chancellor and assist in the discharge of the duties of such office.

Revised October 1989

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CANON 7
REGISTRAR OF THE DIOCESE

Sec. 7.1 At any Convention at which there is a vacancy in the office of Registrar or an election is necessary, a Registrar shall be nominated by the Bishop and elected by the Convention, who shall hold office for a period of four (4) years after election or until a successor is elected.

Sec. 7.2 The Registrar shall keep and maintain a separate book which shall be known as the "Register," which shall include:

a. the names and addresses of Clergy canonically resident in this Diocese;

b. the dates of ordination and reception of the Clergy canonically resident in this Diocese;

c. the dates of all dismissals, depositions or deaths of the Clergy occurring in this Diocese; and

d. the names and addresses of all Parishes and Missions connected with this Diocese, including:

1. the dates of organization, admission and succession of Clergy in charge of such Parishes and Missions, so far as it can be ascertained; and

2. such other particulars as may be necessary to indicate the status and history of such Parishes and Missions.

Sec. 7.3 In the event the Registrar is unwilling or unable to act or continue to act in such capacity, the Bishop shall appoint a successor Registrar who shall continue in such office until the next Convention, when a successor shall be elected.

Revised October 1990

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CANON 8
HISTORIOGRAPHER OF THE DIOCESE

Sec. 8.1 At any Convention at which there is a vacancy in the office of Historiographer or an election is necessary, an Historiographer shall be nominated by the Bishop and elected by the Convention, who shall hold office for a period of four (4) years after election or until a successor is elected.

Sec. 8.2 The Historiographer shall have the following duties:

a. receive, file, index, and preserve any books, papers, journals, reports, manuscripts, pamphlets, or other documents pertaining to the Church or its history, and shall from time to time endeavor to increase such collection;

b. encourage the appointment of historiographers in each Parish and Mission;

c. provide each Parish or Mission historiographer with literature to aid in collecting and preserving the books, papers, journals, reports, manuscripts, pamphlets, newspaper stories, or other documents which relate to the life and history of the congregation of the Parish or Mission and encourage the writing of parochial histories;

d. report to the Convention of the Diocese the official acts of the Historiographer and the status of all materials in custody or charge of the Historiographer, with suggestions as to the arrangement, increase or preservation of such materials; and

e. shall issue proper certificates of any fact contained in materials in the charge of the Historiographer, if requested by the Bishop.

Sec. 8.3 In the event the Historiographer is unwilling or unable to act or continue to act in such capacity, the Bishop shall appoint a successor Historiographer who shall continue in such office until the next Convention, when a successor shall be elected.

Revised October 1990

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CANON 9
THE STANDING COMMITTEE

Sec. 9.1 The Standing Committee shall be elected, vacancies filled, and terms of office fixed, as provided in Article 10 of the Constitution of this Diocese.

Sec. 9.2 The Committee shall choose a President from among the Clerical members, and a Secretary who shall be a member of the Committee.

Sec. 9.3 Four (4) of its members shall constitute a quorum to transact business.

Sec. 9.4 The Committee shall perform all the duties incident to its office and such other duties as are, or shall be, provided in the Constitution and Canons of this Diocese.

Sec. 9.5 The Committee shall not approve any loan which shall obligate the Diocese without the prior approval in writing of the Bishop and the Department of Finance of The Executive Council.

Sec. 9.6 The Committee shall monitor all loans that it approves.

Revised November 2008

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CANON 10
THE EXECUTIVE COUNCIL

Sec. 10.1 The following shall have seat and vote in The Executive Council ("Council") for such time as they lawfully hold their Diocesan positions as:

a. The Bishop, who also shall serve as President;

b. The Bishop Coadjutor (1st Vice President);

c. The President of the Standing Committee (2nd Vice President);

d. The President of the Diocesan Corporation (3rd Vice President); and

e. One Clerical and two Lay Representatives for each Deanery elected as set forth in Canon 35.

The following shall have seat but no vote in the Council:

a. The Suffragan Bishop or Bishops;

b. The Assistant Bishop or Bishops;

c. The Treasurer of the Diocese; and

d. The Deans of the Deaneries if the Dean is not a Clerical Representative.

No elected member who has served two (2) successive terms shall be eligible for re-election until the lapse of one (1) year after the expiration of his/her last period of service.

In the event a vacancy occurs among those elected by a Deanery, the Deanery shall elect a qualified person for the unexpired term of the seat vacated. Any person elected to an unexpired term is eligible for election for a full term if said unexpired term is for less than two years.

Sec. 10.2 In case of the Bishop's absence or disability for any reason, the senior Vice President present shall act for him. In case of a vacancy in the Episcopate, the senior Vice President shall succeed to President. The Council shall elect from among its members a Secretary and other officers to serve at the pleasure of the Council.

Sec. 10.3 The Council shall carry on the work of the Convention through such Departments and Committees as the Bishop with its consent may establish and continue, and shall define and supervise the work of such Departments and Committees.

The Chairmen, who must be members of Council, and members of the respective Departments and Committees, who need not be members of Council, shall be appointed by the Bishop and are subject to removal at his pleasure.

All Departments and Committees shall keep full records of their proceedings. Reports shall be made by the Chairmen as directed by the Council.

Sec. 10.4 The Executive Council shall meet each year in January, March, May, September and November, and it shall be the duty of every member of The Executive Council to attend meetings regularly. In case of the continued absence of a member from regular meetings of The Executive Council for a period of two (2) successive meetings without valid excuse, that member of The Executive Council may be removed by majority vote of The Executive Council members present and the vacancy shall be filled pursuant to Sec. 10.1.

Special meetings of the Council may be called for any purpose by the President or by the President of the Standing Committee and shall be called at the request of any five members of the Council.

Sec. 10.5 Each year following the Annual Convention the Bishop shall appoint one (1) member of The Executive Council from each Deanery, the president of the Board of Trustees, and the Treasurer of the Diocese to act as the Finance Committee of the Executive Council. The Assistant Treasurers, the Director of Administration/Finance, and the Diocesan Bookkeepers will have voice but no vote.

Sec. 10.6 On or before the September meeting of the Council in each year, the Department of Finance (as appointed by the Bishop under this Canon) shall submit to the Council the draft of an annual budget setting forth the opportunities and needs of the Diocese together with the proposed apportionment to the program of the Province with which the Diocese is affiliated for the next fiscal year. The Council shall make such amendments and revisions as it deems necessary and shall submit the proposed budget to the Annual Convention. A table setting forth the amounts to be assessed each Parish and Mission shall be presented to the Convention. As soon as possible after the September Council meeting and not less than twenty (20) days before Convention, the budget shall be sent to every Parish and Mission for distribution to its delegates. The Convention has the right to amend the proposed budget as it deems fit. Not less than twenty (20) days following the adjournment of the Annual Convention, the budget shall be sent to the Vestry or Bishop’s Committee of every Parish or Mission.

The Council has the power for serious cause to adjust and alter the budget.

The Council shall report to the Convention concerning its work and expenditures during the previous and current fiscal years, and its budget and plans for the next year, and make such special reports as the Convention or the Bishop may request.

Revised November 2009

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CANON 11
DEPUTIES TO THE PROVINCIAL SYNOD


Repealed November 2008

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CANON 12

Repealed November 2015

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CANON 13
COMMISSION ON MINISTRY

Sec. 13.1 There shall be a Commission on Ministry consisting not fewer than six (6) members of the Clergy and six (6) Lay Persons. At least two (2) Clergy and two (2) Lay Persons, shall be nominated by the Bishop at each Annual Convention and elected by Convention for a three (3) year term. Should vacancies occur in the Commission when Convention is not in session, the Bishop shall nominate to the Standing Committee, upon whose confirmation the nominee shall serve the balance of the term for which appointed. The Bishop shall appoint the Chairman from the Clergy members.

Sec. 13.2 The Commission may adopt rules for its work, subject to the approval of the Bishop, provided they are not inconsistent with the Constitution and Canons of the Episcopal Diocese of Fort Worth. These rules may include provision for committees of the Commission to act on its behalf; however, ultimate responsibility shall remain with the Commission as a whole to report to the Bishop concerning an applicant's fitness and readiness for admission as a Postulant or Candidate, for ordination to the Diaconate and, if requested by the Bishop, to the Priesthood.

Sec. 13.3 The Commission on Ministry shall assist the Bishop in the following:

a. In determining present and future needs for ministry in the Diocese;

b. In recruiting and selecting persons for Holy Orders and in guiding and examining Postulants, Candidates, and Deacons in training for Priesthood;

c. In providing for the guidance and pastoral care of Clergy and Lay Persons who are in stipendiary and non-stipendiary positions accountable to the Bishop;

d. In promoting the continuing education of the Clergy and of Lay Professionals employed by the Church; and

e. In supporting the development, training, utilization, and affirmation of the ministry of the Laity in the world.

Sec. 13.4 The conduct and evaluation of examination of persons for Holy Orders shall be the responsibility of the Commission on Ministry and in no case shall the Commission recommend a Candidate to the Bishop or to the Standing Committee for ordination to the Diaconate or to the Priesthood until the required examinations have been satisfactorily completed.

Revised November 2008

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CANON 14
COMMISSION ON CHURCH ARCHITECTURE AND ALLIED ARTS

Sec. 14.1 The Commission on Church Architecture and Allied Arts shall consist of the Bishop and three (3) Clergy and three (3) Lay Persons appointed annually by the Bishop. At least three (3) members shall be skilled in church architecture and ecclesiastical art.

Sec. 14.2 The duty of the Commission is to give counsel and advice on questions and plans of architecture and art submitted by any Parish, Mission or Diocesan Institution.

Sec. 14.3 Plans for the erection of church structures or major alterations to existing structures shall be submitted to the Commission for approval.

Sec. 14.4 All Parishes, Missions and Diocesan Institutions receiving financial aid from the Diocese, including Assessment adjustments, or seeking approval to encumber Diocesan Corporation Property must comply with this Canon.

Revised October 1990

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CANON 15
COMMISSION ON EPISCOPAL SCHOOLS

Sec. 15.1 There shall be a Commission on Episcopal Schools in the Diocese which shall consist of one representative from each certified school in the Diocese. Each representative shall be nominated by the Bishop and elected by the Convention. The representative shall be the Head of the certified school unless otherwise designated by the Bishop.

Sec. 15.2 The duty of the Commission of Episcopal Schools is to establish guidelines and standards for the establishment, recognition and certification of any and all Episcopal Schools now, or in the future, operating within the Diocese.

Sec. 15.3 The Commission shall report annually in writing to the Convention.

Revised October 1989

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CANON 16
ASSESSMENT OF PARISHES AND MISSIONS

Sec. 16.1 The Executive Council shall assess all Parishes and Missions to support the budget as established by the Diocesan Convention.

Sec. 16.2 The Council may reduce the assessment of any Parish or Mission in case of undue financial hardship. Also, The Department of Finance shall meet with representatives of such Vestry or Mission to determine the existence and degree of such hardship and may make recommendation to the Council to reduce the assessment or take other action. The reduced assessment then becomes the full assessment of said Parish or Mission for that year only.

Sec. 16.3 Annual assessments of Parishes and Missions are to be paid in twelve (12) equal payments on or before the twentieth (20) day of each month.

Sec. 16.4 If any Parish or Mission becomes a total of two months in arrears in payment of the monthly installments on its annual assessment, the Rector, Wardens and Treasurer shall meet with the Finance Committee of the Executive Council at a time set by the Chairman of the Finance Committee in order to explain the cause of the arrearage and their plan for bringing the monthly installments current.

Sec. 16.5 If any Parish or Mission becomes three months in arrears in payment of the monthly installments on its annual assessment, the Bishop and Finance Committee may recommend to the Executive Council a means of dealing with the problem commensurate in their judgment with its cause. The Executive Council may consider such recommendation at its next regular meeting or at a meeting called for the purpose of considering such recommendation upon seven days’ notice given to all members of the Executive Council stating the purpose of the meeting. The Rector, Treasurer, and Vestry shall be sent a copy of the recommendation of the Bishop and Finance Committee and be invited to appear and speak at such meeting. The Executive Council may then take such action as it deems appropriate including recommending that the next following convention of the Diocese act by a concurrent majority of both orders to change that Parish to Mission status.

Sec. 16.6 Calculation of arrearage shall be the total amount of assessment unpaid within the prior four (4) years and the current calendar year.

Sec. 16.7 The Finance Committee shall report to Convention the names of all Parishes and Missions whose annual assessments are more than three (3) months in arrears as of thirty (30) days preceding the Convention. Such Parishes and Missions may be seated but shall have neither voice nor vote at such Convention, unless the Convention grants either or both such right(s) by a concurrent majority of both orders.

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CANON 17
CORPORATION OF THE EPISCOPAL DIOCESE OF FORT WORTH

Sec. 17.1 Corporation of the Episcopal Diocese of Fort Worth is a non-profit and charitable organization organized under Texas laws, also known as the “Diocesan Corporation.” In addition to its regular powers, it may receive, hold, manage and administer funds and properties acquired by gift or by will or otherwise for the use and benefit of the Diocese and any Diocesan Institutions.

Sec. 17.2 The management of its affairs shall be conducted and administered by a Board of Trustees of five (5) elected members, all of whom are either Lay Communicants in good standing of a Parish or Mission in the Diocese or members of the Clergy canonically resident in the Diocese, in addition to the Bishop of the Diocese, who shall serve as Chairman of the Board or may designate the President or other officer of the Corporation to serve as such. The Board of Trustees shall have the power and authority to conduct the affairs of said Corporation in accordance with its charter and by-laws and in accordance with the Constitution and Canons of the Diocese from time-to-time adopted.

Sec. 17.3 One member of the Board of Trustees shall be elected at each Annual Convention and each member shall serve a term of five (5) years. The terms of members shall be so arranged that the term of only one (1) member shall expire annually. The Board of Trustees shall fill any vacancy which occurs on the Board until the annual election. The Bishop shall nominate the members of the Board of Trustees.

Sec. 17.4 The Board of Trustees shall adopt its own by-laws and shall elect such officers as its by-laws may require.

Sec. 17.5 The Board of Trustees shall submit a report at each Annual Convention covering its operations for the preceding fiscal year and showing its financial condition. If and when required by the Standing Committee of the Diocese, the Board of Trustees shall make such additional reports and furnish such additional information as may be requested. The books and records of the Board of Trustees shall at all times be open for inspection and examination by the Standing Committee of the Diocese or its representatives.

Revised October 1989

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CANON 18
TITLE TO PROPERTY

Sec. 18.1 The Title to all property now owned and hereafter acquired by the Diocesan Corporation for its use and benefit and for the use and benefit of Parishes, Missions and Diocesan Institutions shall be held in the name of said Corporation and may only be conveyed or encumbered with the approval of the Board of Trustees and in accordance with the Constitution and Canons of the Episcopal Diocese of Fort Worth. All of the assets and properties of the Corporation and accumulations thereof shall be held and administered to effectuate its purpose. In case of the liquidation, dissolution or winding up of the Corporation, whether voluntary or involuntary, or by operation of law, the property held by the Corporation in trust for the use of a particular Parish, Mission or Diocesan School shall be conveyed to the governing body of such Parish, Mission or School. In case of the liquidation, dissolution or winding up of the Corporation, whether voluntary or involuntary, or by operation of law, the other assets or properties of the Corporation shall be distributed in such manner as the Board of Trustees of the Corporation shall direct, provided, however, that any such distribution shall be such as is calculated to be exclusively to carry out the purposes for which the Corporation is formed or for one or more other exempt purposes within the meaning of the applicable provisions of the Internal Revenue Code of 1954, as amended, or any similar federal statute then in effect and rules and regulations pursuant thereto. “The liquidation, dissolution or winding up of the Corporation,” within the meaning of this Canon and of the Constitution of the Diocese, shall refer to the actual cessation of operation of the Corporation and not to the merger or subdivision of the Corporation or the Diocese.

Sec. 18.2 Real property acquired by the Corporation for the use of a particular Parish, Mission or Diocesan School shall be held by the Corporation in trust for the use and benefit of such Parish, Mission or Diocesan School. It is immaterial whether said acquisition is by conveyance to the Corporation by a Parish, Mission or Diocesan School now holding title, by the Bishop now holding title as a corporate sole, by a declaratory judgment upon division from the Diocese of Dallas, or by subsequent conveyance to the Corporation, so long as such property was initially acquired by a Parish, Mission or Diocesan School by purchase, gift or devise to it, as a Parish, Mission or Diocesan School. Such Parish, Mission or Diocesan School shall be entitled to all income from property held for it in trust by the Corporation and will be responsible for the direct expenses attributable to such property, but not for any administrative expenses of the Corporation. Property held in trust by the Corporation for a particular Parish, Mission or Diocesan School may not be conveyed, leased or encumbered in any way by the Corporation without the written consent of the Rector, Wardens and Vestry of the Parish, of the Standing Committee in the case of a Mission, or of the Board of Trustees of the Diocesan School for which such property is held in trust. Upon dissolution of a Parish, Mission or Diocesan School, such property held in trust for it shall revert to the Corporation for the use and benefit of the Diocese. "Dissolution" of a Parish, Mission or Diocesan School, within the meaning of this Canon and of the Constitution of the Diocese, shall refer to the actual cessation of operation of a Parish, Mission or Diocesan School and not to its merger, reorganization, change of location or attachment to a different Diocese.

Sec. 18.3 Real property held or acquired by a Parish, Mission or Diocesan School by purchase, gift or devise shall be conveyed by it to the Corporation if an ad valorem tax exemption based on religious or educational use is claimed. Real property held or acquired by a Parish, Mission or Diocesan School need not be conveyed by it to the Corporation if such property is held for investment or income-producing purposes and no ad valorem tax exemption is claimed.

Sec. 18.4 Property held by the Corporation for the use of a Parish, Mission or Diocesan School belongs beneficially to such Parish, Mission or Diocesan School only. No adverse claim to such beneficial interest by the Corporation, by the Diocese, or by The Episcopal Church of the United States of America is acknowledged, but rather is expressly denied. All other property of the Corporation held for the Episcopal Diocese of Fort Worth for those exempt religious purposes within the meaning of the Internal Revenue Code, as herein above described. Such exempt religious purposes shall be those determined by the Convention of the Episcopal Diocese of Fort Worth and the appropriate officers elected by it. No adverse claim to such beneficial interest by The Episcopal Church of the United States of America is acknowledged, but rather is expressly denied.

Sec. 18.5 If it becomes necessary to sell or lease the property or otherwise dispose of it, the Corporation known as "Corporation of the Episcopal Diocese of Fort Worth" with the advice and consent of the Standing Committee is hereby authorized to execute such legal instruments as may be necessary to convey, lease or effect such other disposition as is herein authorized.

Sec. 18.6 Notwithstanding anything to the contrary contained above, the provisions in this Canon 18 shall not apply to any existing congregation holding title to its property and making application on or after January 1, 2011, for union with the Convention of this Diocese under Canon 22, as amended.

Revised November 2012

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CANON 19
DIOCESAN REVOLVING FUND

Sec. 19.1 There shall be a Revolving Fund which shall consist of all funds which have been or may be donated to the Diocese for the purpose of purchasing land or improved real estate for the use of Missions of the Diocese already created or to be created at some future date or for loans to Parishes and Missions of the Diocese.

Sec. 19.2 The Trustees of the Corporation of the Diocese of Fort Worth shall administer the Fund.

Sec. 19.3 All requests for use of the Fund will originate in the Executive Council of the Diocese, which shall set rules and/or restrictions for the use of the Fund as well as the process for making such requests, and set the terms of each loan.

Sec. 19.4 Each grant from the Fund for whatever purpose recommended by the Executive Council must be approved by both the Standing Committee and the Bishop.

Revised October 1990

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to Canons 20-35

to Canons 36-44