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.