Bill Text: TX SB2160 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the filing of an assumed name certificate by certain business entities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (N/A - Dead) 2021-04-06 - Referred to Business & Commerce [SB2160 Detail]
Download: Texas-2021-SB2160-Introduced.html
87R16581 MLH-F | ||
By: Menéndez | S.B. No. 2160 |
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relating to the filing of an assumed name certificate by certain | ||
business entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 71.103, Business & Commerce Code, is | ||
amended to read as follows: | ||
Sec. 71.103. PLACE OF FILING. (a) A corporation, limited | ||
partnership, limited liability partnership, limited liability | ||
company, or foreign filing entity required to file a certificate | ||
under Section 71.101: | ||
(1) shall file the certificate in the office of the | ||
secretary of state; and | ||
(2) may file the certificate in the office or offices | ||
of each county clerk as specified by Subsection (b) or (c). | ||
(b) An entity that maintains a registered office in this | ||
state may file the certificate in the office of the county clerk of | ||
the county in which the entity's: | ||
(1) registered office is located, if the entity's | ||
principal office is not located in this state; or | ||
(2) principal office is located, if the entity's | ||
principal office is located in this state. | ||
(c) An entity that does not maintain a registered office in | ||
this state may file the certificate: | ||
(1) in the office of the county clerk of the county in | ||
which the entity's office in this state is located; or | ||
(2) in the office of the county clerk of the county in | ||
which the entity's principal place of business in this state is | ||
located, if: | ||
(A) the entity is not incorporated, formed, or | ||
organized under the laws of this state; and | ||
(B) the county in which the entity's principal | ||
place of business in this state is located is not the same county in | ||
which the entity's office is located. | ||
SECTION 2. Section 71.104, Business & Commerce Code, is | ||
amended by adding Subsection (b) to read as follows: | ||
(b) A certificate filed in a county clerk's office must be | ||
executed and acknowledged in the manner provided by Section 71.053 | ||
for a certificate filed under that section. | ||
SECTION 3. Section 71.104(b), Business & Commerce Code, as | ||
added by this Act, applies only to a certificate filed on or after | ||
the effective date of this Act. A certificate filed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the certificate was filed, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2021. |