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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of an agent or office for service of |
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process, notice, or demand by a person doing business under an |
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assumed name. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.052, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 71.052. CONTENTS OF CERTIFICATE. The certificate must |
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state: |
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(1) the assumed name under which the business is or is |
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to be conducted or the professional service is or is to be rendered; |
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(2) if the registrant is: |
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(A) an individual, the individual's full name and |
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an office or residence address where the individual may be served |
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with process, notice, or demand; |
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(B) a partnership: |
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(i) the venture or partnership name; |
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(ii) the venture or partnership office |
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address; |
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(iii) the full name of each joint venturer |
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or general partner; and |
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(iv) each joint venturer's or general |
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partner's residence address if the venturer or partner is an |
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individual or the joint venturer's or general partner's office |
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address if the venturer or partner is not an individual; |
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(C) an estate: |
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(i) the name of the estate; |
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(ii) the estate's office address, if any; |
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(iii) the full name of each representative |
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of the estate; and |
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(iv) each representative's residence |
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address if the representative is an individual or the |
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representative's office address if the representative is not an |
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individual; |
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(D) a real estate investment trust: |
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(i) the name of the trust; |
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(ii) the address of the trust; |
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(iii) the full name of each trustee |
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manager; and |
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(iv) each trustee manager's residence |
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address if the trustee manager is an individual or the trustee |
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manager's office address if the trustee manager is not an |
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individual; or |
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(E) a company, other than a real estate |
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investment trust: |
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(i) the name of the company; |
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(ii) the state, country, or other |
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jurisdiction under the laws of which the company was organized; and |
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(iii) the company's office address; |
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(3) the period, not to exceed 10 years, during which |
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the registrant will use the assumed name; and |
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(4) a statement specifying that the business that is |
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or will be conducted or the professional service that is or will be |
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rendered in the county under the assumed name is being or will be |
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conducted or rendered as a proprietorship, sole practitioner, |
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partnership, real estate investment trust, joint-stock company, or |
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other form of unincorporated business or professional association |
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or entity other than a limited partnership, limited liability |
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company, limited liability partnership, or foreign filing entity. |
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SECTION 2. Subchapter B, Chapter 71, Business & Commerce |
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Code, is amended by adding Section 71.0531 to read as follows: |
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Sec. 71.0531. CHANGE BY REGISTRANT TO AGENT FOR SERVICE OF |
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PROCESS. If a registrant changes the registrant's agent for |
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service of process included in the certificate filed under this |
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subchapter, the registrant shall file a statement of the change in |
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the office of the county clerk in each county in which the |
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registrant filed the certificate. |
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SECTION 3. This Act takes effect September 1, 2013. |