Texas 2015 - 84th Regular

Texas House Bill HB2891 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Otto, Murr, Fallon (Senate Sponsor - Perry) H.B. No. 2891
2		-	(In the Senate - Received from the House May 14, 2015;
3		-	May 14, 2015, read first time and referred to Committee on Business
4		-	and Commerce; May 22, 2015, reported favorably by the following
5		-	vote: Yeas 7, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2891
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to certain filing and reporting requirements for certain
12	6		taxable entities.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 4.156, Business Organizations Code, is
15	9		amended to read as follows:
16	10		Sec. 4.156. FILING FEES: PROFESSIONAL ASSOCIATIONS. For a
17	11		filing by or for a professional association, the secretary of state
18	12		shall impose the following fees:
19	13		(1) for filing a certificate of formation or an
20	14		application for registration as a foreign professional
21	15		association, $750; and
22	16		(2) [for filing an annual statement, $35; and
23	17		[(3)] for filing any other instrument, the fee
24	18		provided for the filing of a similar instrument under Section
25	19		4.152.
26	20		SECTION 2. Section 153.301, Business Organizations Code, is
27	21		amended to read as follows:
28	22		Sec. 153.301. PERIODIC REPORT. The secretary of state may
29	23		require a domestic limited partnership or a foreign limited
30	24		partnership registered to transact business in this state that is
31	25		not required to file a public information report with the
32	26		comptroller under Section 171.203, Tax Code, to file a report not
33	27		more than once every four years as required by this subchapter.
34	28		SECTION 3. Sections 171.203(a), (b), (d), and (e), Tax
35	29		Code, are amended to read as follows:
36	30		(a) A corporation, [or] limited liability company, limited
37	31		partnership, or professional association on which the franchise tax
38	32		is imposed, regardless of whether the entity [corporation or
39	33		limited liability company] is required to pay any tax, shall file a
40	34		report with the comptroller containing:
41	35		(1) the name of each corporation, [or] limited
42	36		liability company, limited partnership, or professional
43	37		association in which the corporation, [or] limited liability
44	38		company, limited partnership, or professional association filing
45	39		the report owns a 10 percent or greater interest and the percentage
46	40		owned by the entity [corporation or limited liability company];
47	41		(2) the name of each corporation, [or] limited
48	42		liability company, limited partnership, or professional
49	43		association that owns a 10 percent or greater interest in the
50	44		corporation, [or] limited liability company, limited partnership,
51	45		or professional association filing the report;
52	46		(3) the name, title, and mailing address of each
53	47		person who is:
54	48		(A) an officer or director of the corporation,
55	49		[or] limited liability company, or professional association on the
56	50		date the report is filed and the expiration date of each person's
57	51		term as an officer or director, if any; and
58	52		(B) a general partner of the limited partnership
59	53		on the date the report is filed;
60	54		(4) the name and address of the agent of the
61	55		corporation, [or] limited liability company, limited partnership,
62	56		or professional association designated under Section 171.354; and
63	57		(5) the address of the corporation's, [or] limited
64	58		liability company's, limited partnership's, or professional
65	59		association's principal office and principal place of business.
66	60		(b) The corporation, [or] limited liability company,
67	61		limited partnership, or professional association shall file the
68	62		report once a year on a form prescribed by the comptroller.
69	63		(d) The corporation, [or] limited liability company,
70	64		limited partnership, or professional association shall send a copy
71	65		of the report to each person named in the report under Subsection
72	66		(a)(3) who is not currently employed by the corporation, [or]
73	67		limited liability company, limited partnership, or professional
74	68		association or a related entity [corporation or limited liability
75	69		company] listed in Subsection (a)(1) or (2). An officer or director
76	70		of the corporation, [or] limited liability company, or professional
77	71		association, a general partner of the limited partnership, or
78	72		another authorized person must sign the report under a
79	73		certification that:
80	74		(1) all information contained in the report is true
81	75		and correct to the best of the person's knowledge; and
82	76		(2) a copy of the report has been mailed to each person
83	77		identified in this subsection on the date the return is filed.
84	78		(e) If a person's name is included in a report under
85	79		Subsection (a)(3) and the person is not an officer or director of
86	80		the corporation, [or] limited liability company, or professional
87	81		association, or a general partner of the limited partnership, as
88	82		applicable, on the date the report is filed, the person may file
89	83		with the comptroller a sworn statement disclaiming the person's
90	84		status as shown on the report. The comptroller shall maintain a
91	85		record of statements filed under this subsection and shall make
92	86		that information available on request using the same procedures the
93	87		comptroller uses for other requests for public information.
94	88		SECTION 4. Section 302.012, Business Organizations Code, is
95	89		repealed.
96	90		SECTION 5. (a) Section 153.301, Business Organizations
97	91		Code, as amended by this Act, applies only to a report required to
98	92		be filed on or after the effective date of this Act. A report
99	93		required to be filed before the effective date of this Act is
100	94		governed by the law in effect on the date the report is due, and the
101	95		former law is continued in effect for that purpose.
102	96		(b) Section 4.156, Business Organizations Code, as amended
103	97		by this Act, and Section 302.012, Business Organizations Code, as
104	98		repealed by this Act, apply only to an annual statement required to
105	99		be filed on or after the effective date of this Act. An annual
106	100		statement required to be filed before the effective date of this Act
107	101		is governed by the law in effect on the date the statement is due,
108	102		and the former law is continued in effect for that purpose.
109	103		SECTION 6. This Act takes effect January 1, 2016.
110		-	* * * * *
	104	+	______________________________ ______________________________
	105	+	President of the Senate Speaker of the House
	106	+	I certify that H.B. No. 2891 was passed by the House on May
	107	+	13, 2015, by the following vote: Yeas 144, Nays 0, 2 present, not
	108	+	voting.
	109	+	______________________________
	110	+	Chief Clerk of the House
	111	+	I certify that H.B. No. 2891 was passed by the Senate on May
	112	+	27, 2015, by the following vote: Yeas 31, Nays 0.
	113	+	______________________________
	114	+	Secretary of the Senate
	115	+	APPROVED: _____________________
	116	+	Date
	117	+	_____________________
	118	+	Governor