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A BILL TO BE ENTITLED
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AN ACT
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relating to the filing of an assumed name certificate by certain |
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business entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.103, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 71.103. PLACE OF FILING. (a) A corporation, limited |
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partnership, limited liability partnership, limited liability |
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company, or foreign filing entity required to file a certificate |
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under Section 71.101: |
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(1) shall file the certificate in the office of the |
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secretary of state; and |
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(2) may file the certificate in the office or offices |
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of each county clerk as specified by Subsection (b) or (c). |
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(b) An entity that maintains a registered office in this |
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state may file the certificate in the office of the county clerk of |
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the county in which the entity's: |
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(1) registered office is located, if the entity's |
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principal office is not located in this state; or |
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(2) principal office is located, if the entity's |
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principal office is located in this state. |
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(c) An entity that does not maintain a registered office in |
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this state may file the certificate: |
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(1) in the office of the county clerk of the county in |
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which the entity's office in this state is located; or |
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(2) in the office of the county clerk of the county in |
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which the entity's principal place of business in this state is |
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located, if: |
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(A) the entity is not incorporated, formed, or |
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organized under the laws of this state; and |
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(B) the county in which the entity's principal |
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place of business in this state is located is not the same county in |
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which the entity's office is located. |
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SECTION 2. Section 71.104, Business & Commerce Code, is |
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amended by adding Subsection (b) to read as follows: |
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(b) A certificate filed in a county clerk's office must be |
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executed and acknowledged in the manner provided by Section 71.053 |
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for a certificate filed under that section. |
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SECTION 3. Section 71.104(b), Business & Commerce Code, as |
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added by this Act, applies only to a certificate filed on or after |
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the effective date of this Act. A certificate filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the certificate was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |