| 1 | 1 | | By: Cortez (Senate Sponsor - Van de Putte) H.B. No. 1624 |
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| 2 | 2 | | (In the Senate - Received from the House April 29, 2013; |
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| 3 | 3 | | April 30, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Business and Commerce; May 7, 2013, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 7, Nays 0; May 7, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the assumed name of a series limited liability company. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 71.002(2), Business & Commerce Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (2) "Assumed name" means: |
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| 15 | 15 | | (A) for an individual, a name that does not |
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| 16 | 16 | | include the surname of the individual; |
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| 17 | 17 | | (B) for a partnership, a name that does not |
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| 18 | 18 | | include the surname or other legal name of each joint venturer or |
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| 19 | 19 | | general partner; |
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| 20 | 20 | | (C) for an individual or a partnership, a name, |
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| 21 | 21 | | including a surname, that suggests the existence of additional |
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| 22 | 22 | | owners by including words such as "Company," "& Company," "& Son," |
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| 23 | 23 | | "& Sons," "& Associates," "Brothers," and similar words, but not |
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| 24 | 24 | | words that merely describe the business being conducted or the |
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| 25 | 25 | | professional service being rendered; |
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| 26 | 26 | | (D) for a limited partnership, a name other than |
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| 27 | 27 | | the name stated in its certificate of formation; |
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| 28 | 28 | | (E) for a company, a name used by the company; |
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| 29 | 29 | | (F) for a corporation, a name other than the name |
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| 30 | 30 | | stated in its certificate of formation or a comparable document; |
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| 31 | 31 | | (G) for a limited liability partnership, a name |
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| 32 | 32 | | other than the name stated in its application filed with the office |
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| 33 | 33 | | of the secretary of state or a comparable document; and |
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| 34 | 34 | | (H) for a limited liability company, a name other |
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| 35 | 35 | | than the name stated in its certificate of formation or a comparable |
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| 36 | 36 | | document, including the name of any series of the limited liability |
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| 37 | 37 | | company established by its company agreement. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2013. |
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| 39 | 39 | | * * * * * |
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