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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the secretary of state to terminate the |
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existence of a domestic filing entity if a substantial owner or |
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governing person of the entity has been convicted of human |
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trafficking or compelling prostitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.251(b), Business Organizations Code, |
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is amended to read as follows: |
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(b) The secretary of state may terminate a filing entity's |
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existence if the secretary finds that: |
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(1) the entity has failed to, and, before the 91st day |
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after the date notice was mailed has not corrected the entity's |
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failure to: |
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(A) file a report within the period required by |
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law or pay a fee or penalty prescribed by law when due and payable; |
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or |
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(B) maintain a registered agent or registered |
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office in this state as required by law; [or] |
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(2) the entity has failed to, and, before the 16th day |
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after the date notice was mailed has not corrected the entity's |
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failure to, pay a fee required in connection with the filing of its |
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certificate of formation, or payment of the fee was dishonored when |
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presented by the state for payment; or |
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(3) a person who has an ownership interest of at least |
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51 percent in the entity or a governing person of the entity has |
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been convicted of an offense under Section 20A.02, 20A.03, or |
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43.05, Penal Code. |
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SECTION 2. Section 11.251(b), Business Organizations Code, |
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as amended by this Act, applies to a filing entity only if an |
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offense described by that section is committed on or after the |
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effective date of this Act. If the offense was committed before the |
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effective date of this Act, the filing entity is governed by the law |
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in effect on the date the offense was committed, and the former law |
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is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |