By Shapiro                                             S.B. No. 527
         76R5768 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, 1999.
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.