Bill Text: TX HB1581 | 2013-2014 | 83rd Legislature | Engrossed

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Bill Title: Relating to the designation of an agent or office for service of process, notice, or demand by a person doing business under an assumed name.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2013-05-14 - Referred to Business & Commerce [HB1581 Detail]

Download: Texas-2013-HB1581-Engrossed.html

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By: Riddle H.B. No. 1581

A BILL TO BE ENTITLED
AN ACT
relating to the designation of an agent or office for service of
process, notice, or demand by a person doing business under an
assumed name.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 71.052, Business & Commerce Code, is
amended to read as follows:
Sec. 71.052. CONTENTS OF CERTIFICATE. The certificate must
state:
(1) the assumed name under which the business is or is
to be conducted or the professional service is or is to be rendered;
(2) if the registrant is:
(A) an individual, the individual's full name and
an office or residence address where the individual may be served
with process, notice, or demand;
(B) a partnership:
(i) the venture or partnership name;
(ii) the venture or partnership office
address;
(iii) the full name of each joint venturer
or general partner; and
(iv) each joint venturer's or general
partner's residence address if the venturer or partner is an
individual or the joint venturer's or general partner's office
address if the venturer or partner is not an individual;
(C) an estate:
(i) the name of the estate;
(ii) the estate's office address, if any;
(iii) the full name of each representative
of the estate; and
(iv) each representative's residence
address if the representative is an individual or the
representative's office address if the representative is not an
individual;
(D) a real estate investment trust:
(i) the name of the trust;
(ii) the address of the trust;
(iii) the full name of each trustee
manager; and
(iv) each trustee manager's residence
address if the trustee manager is an individual or the trustee
manager's office address if the trustee manager is not an
individual; or
(E) a company, other than a real estate
investment trust:
(i) the name of the company;
(ii) the state, country, or other
jurisdiction under the laws of which the company was organized; and
(iii) the company's office address;
(3) the period, not to exceed 10 years, during which
the registrant will use the assumed name; and
(4) a statement specifying that the business that is
or will be conducted or the professional service that is or will be
rendered in the county under the assumed name is being or will be
conducted or rendered as a proprietorship, sole practitioner,
partnership, real estate investment trust, joint-stock company, or
other form of unincorporated business or professional association
or entity other than a limited partnership, limited liability
company, limited liability partnership, or foreign filing entity.
SECTION 2. Subchapter B, Chapter 71, Business & Commerce
Code, is amended by adding Section 71.0531 to read as follows:
Sec. 71.0531. CHANGE BY REGISTRANT TO AGENT FOR SERVICE OF
PROCESS. If a registrant changes the registrant's agent for
service of process included in the certificate filed under this
subchapter, the registrant shall file a statement of the change in
the office of the county clerk in each county in which the
registrant filed the certificate.
SECTION 3. This Act takes effect September 1, 2013.