By Woolley H.B. No. 2570
75R7340 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to execution and filing of an assumed name certificate;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 36.11(b), Business & Commerce Code, is
1-6 amended to read as follows:
1-7 (b) A certificate filed in the office of the Secretary of
1-8 State under Subsection (a) of this section shall be executed [and
1-9 duly acknowledged] by an officer, general partner, member,
1-10 manager, representative, or attorney in fact for the corporation,
1-11 limited partnership, registered limited liability partnership, or
1-12 limited liability company. A certificate executed [and
1-13 acknowledged] by an attorney in fact shall include a statement that
1-14 the attorney in fact has been duly authorized in writing by his
1-15 principal to execute [and acknowledge] the same. A certificate
1-16 filed in the office of the county clerk under Subsection (a) of
1-17 this section shall be executed and acknowledged in the manner
1-18 provided by Section 36.10(b) of this code for a certificate filed
1-19 under that section.
1-20 SECTION 2. Section 36.13, Business & Commerce Code, is
1-21 amended to read as follows:
1-22 Sec. 36.13. DURATION AND RENEWAL OF CERTIFICATE[; RENEWAL;
1-23 TERMINATION OF EXISTING CERTIFICATES]. (a) A certificate filed
1-24 pursuant to this chapter in the office of the county clerk and of
2-1 the Secretary of State, if applicable, by any person conducting
2-2 business or rendering a professional service under an assumed name
2-3 in this state shall be effective for a term not to exceed 10 years
2-4 from the date the certificate is filed.
2-5 (b) At the end of the stated term, not to exceed 10 years,
2-6 the certificate shall become null and void and of no effect, unless
2-7 within six months prior to its expiration a renewal certificate
2-8 complying with the provisions of this chapter for an original
2-9 certificate shall be filed in the office of the county clerk and of
2-10 the Secretary of State, if applicable.
2-11 (c) A registrant may renew a certificate under this section
2-12 for any number of successive terms, but each such term shall not
2-13 exceed 10 years in duration.
2-14 [(d) Any assumed name certificate that has been filed
2-15 pursuant to Articles 5924 and 5924.1, Revised Civil Statutes of
2-16 Texas, 1925, prior to the effective date of this chapter, shall
2-17 become null and void after December 31, 1978, unless before that
2-18 date a new certificate complying with the requirements of this
2-19 chapter has been filed. A new certificate thus filed shall be
2-20 effective for a term not to exceed 10 years from the date it is
2-21 filed.]
2-22 [(e) The county clerk of each county shall notify in writing
2-23 each person that has conducted a business under an assumed name and
2-24 for which an assumed name certificate has been filed in the office
2-25 of that clerk pursuant to Articles 5924 and 5924.1, Revised Civil
2-26 Statutes of Texas, 1925, prior to the effective date of this
2-27 chapter, that under the provisions of Subsection (d) of this
3-1 section the certificate shall become null and void after December
3-2 31, 1978, unless a new certificate is filed that complies with the
3-3 provisions of this chapter. The written notice shall be effective
3-4 by being deposited with the United States Postal Service, addressed
3-5 to the name of the business at the office address given in the
3-6 certificate as last filed.]
3-7 SECTION 3. Subchapter B, Chapter 36, Business & Commerce
3-8 Code, is amended by adding Section 36.18 to read as follows:
3-9 Sec. 36.18. FILING OF REPRODUCTION. The Secretary of State
3-10 may accept for filing a photographic, photostatic, or similarly
3-11 reproduced copy of a signed original document required or
3-12 authorized to be filed in the office of the Secretary of State
3-13 under this chapter. A signature on a document required or
3-14 authorized to be filed in the office of the Secretary of State
3-15 under this chapter may be a facsimile.
3-16 SECTION 4. Section 36.26, Business & Commerce Code, is
3-17 amended to read as follows:
3-18 Sec. 36.26. CRIMINAL PENALTY--GENERAL VIOLATION. (a) A
3-19 person conducting business or rendering a professional service in
3-20 this state under an assumed name who intentionally violates a
3-21 provision of this chapter commits an offense.
3-22 (b) An offense under this section is a Class A misdemeanor
3-23 [is guilty of a misdemeanor and upon conviction shall be punished
3-24 by a fine not exceeding $2,000].
3-25 SECTION 5. Subchapter C, Chapter 36, Business & Commerce
3-26 Code, is amended by adding Section 36.27 to read as follows:
3-27 Sec. 36.27. CRIMINAL PENALTY--FRAUDULENT FILING. (a) A
4-1 person may not knowingly or intentionally sign and present for
4-2 filing or cause to be presented for filing a document authorized or
4-3 required to be filed under this chapter if the document:
4-4 (1) indicates that the person signing the document has
4-5 the authority to act on behalf of the entity for which the document
4-6 is presented and the person does not have that authority;
4-7 (2) contains a material false statement; or
4-8 (3) is forged.
4-9 (b) A person who violates Subsection (a) of this section
4-10 commits an offense. An offense under this subsection is punishable
4-11 as if it were an offense under Section 37.10, Penal Code.
4-12 SECTION 6. (a) The change in law made by this Act applies
4-13 only to an offense committed on or after the effective date of this
4-14 Act. For the purposes of this section, an offense is committed
4-15 before the effective date of this Act if any element of the offense
4-16 occurs before that date.
4-17 (b) An offense committed before the effective date of this
4-18 Act is governed by the law in effect when the offense was
4-19 committed, and the former law is continued in effect for that
4-20 purpose.
4-21 SECTION 7. This Act takes effect September 1, 1997.
4-22 SECTION 8. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.