Texas Senate Bill SB1442

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/1/09
• Voted on by Senate: 4/9/09
• Out of House Committee: 5/1/09
• Voted on by House: 5/4/09
• Governor Action: 5/20/09
• Enrolled: 5/11/09
• Passed: 5/20/09

Caption

Relating to business entities and associations.

Impact

If passed, SB1442 is expected to create more clarity and potentially reduce bureaucratic hurdles for businesses looking to operate under assumed names. Additionally, the bill would impose new requirements regarding franchise tax obligations for foreign limited liability partnerships, making it clear that a tax clearance letter must be presented during the reinstatement of these entities. This requirement could lead to more stringent adherence to tax laws amongst business entities, encouraging better tax compliance across the board.

Summary

SB1442 is a bill that proposes amendments to the Texas Business Organizations Code relating to various aspects of business entities and associations, including the requirements related to certificates for operating under assumed names, and the procedures for business convertions and continuance. The bill seeks to modify existing laws so that entities operating in Texas will have a more streamlined process for compliance regarding their formation, governance, and operational requirements. Notably, it aims to address issues related to the operation of businesses under assumed names and the tax obligations of foreign entities doing business in Texas.

Contention

Some potential points of contention surrounding SB1442 include the balance between state regulations and the ability of local jurisdictions to govern certain business practices. There are concerns that the requirement for a tax clearance letter might disproportionately affect smaller foreign entities looking to re-establish their business in Texas, as they may face challenges in meeting these requirements. Further discussions might arise regarding how these modifications could impact existing business owners and the implications they hold for operational flexibility and local business control.