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House Bill 1493 |
House Author: Herrero |
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Effective: 9-1-21 |
Senate Sponsor: Hinojosa |
House Bill 1493 amends the Civil Practice and Remedies Code to entitle a governmental unit to enjoin another person's use of an entity name that falsely implies governmental affiliation with the governmental unit. The governmental unit is entitled to injunctive relief throughout Texas and, if the court finds the person against whom the injunctive relief is sought wilfully intended to imply governmental affiliation with the governmental unit, the court may award reasonable attorney's fees and court costs to the governmental unit.
House Bill 1493 amends the Business Organizations Code to prohibit a filing entity or foreign filing entity from using a name in Texas that falsely implies an affiliation with a governmental entity. The bill establishes a process through which the secretary of state, on request by a governmental entity, may determine whether a filing entity or foreign filing entity has a name that violates the prohibition. If the entity is found to be in violation, it must cease transacting business or operating under that name in Texas and file with the secretary of state the applicable instrument to amend the entity's name as shown in the secretary's records. The bill authorizes the attorney general to bring an action for injunctive relief if the entity fails to take such action.