77R14545 JMG-D
By Davis of Dallas H.B. No. 2187
Substitute the following for H.B. No. 2187:
By Brimer C.S.H.B. No. 2187
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requirements for filing certain information with the
1-3 secretary of state; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 9.07, Texas Business Corporation Act, is
1-6 amended to read as follows:
1-7 Art. 9.07. TIME FOR FILING DOCUMENTS IN THE OFFICE OF THE
1-8 SECRETARY OF STATE. A. Except as provided by Section B of this
1-9 article, if a [Whenever any] document is required to be filed in
1-10 the office of the Secretary of State by any provision of this Act,
1-11 that [the] requirement [of the statute] shall be construed to
1-12 include [involve] the requirement that the document [same] be [so]
1-13 filed with reasonable promptness.
1-14 B. A person required under this Act to file with the
1-15 Secretary of State a change of registered office or agent, an
1-16 application or certificate of withdrawal or termination, or
1-17 articles of dissolution commits an offense if the person does not
1-18 file the required filing with the Secretary of State before the
1-19 earlier of:
1-20 (1) the 30th day after the date of the change,
1-21 withdrawal, or termination; or
1-22 (2) the date the filing is otherwise required by law.
1-23 C. A person who violates Section B of this article is liable
1-24 to the state for a civil penalty in an amount not to exceed $2,500
2-1 for each violation. In determining the amount of a penalty under
2-2 this section, the court shall consider all the circumstances giving
2-3 rise to the offense. The attorney general or the prosecuting
2-4 attorney in the county in which the violation occurs may bring suit
2-5 to recover the civil penalty imposed under this article.
2-6 D. The attorney general may bring an action in the name of
2-7 the state to restrain or enjoin a person from violating Section B
2-8 of this article.
2-9 E. In an action or proceeding brought against a person who
2-10 has not complied with Section B of this article, the plaintiff or
2-11 other party bringing the suit or proceeding may recover expenses
2-12 incurred, including attorney's fees, in locating and effecting
2-13 service of process on the person.
2-14 F. A person who brings an action or proceeding against
2-15 another person for damages incurred as a result of noncompliance
2-16 with Section B of this article may request from the attorney
2-17 general nonconfidential information on the other person for the
2-18 purpose of effecting service of process. The attorney general
2-19 shall comply with a request made under this section to the extent
2-20 practicable.
2-21 SECTION 2. This Act takes effect September 1, 2001.