| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the names of certain businesses. |
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| 8 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 7 | | SECTION 1. Section 5.053(b), Business Organizations Code, |
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| 10 | 8 | | is amended to read as follows: |
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| 11 | 9 | | (b) Subsection (a) does not apply if the other entity or the |
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| 12 | 10 | | person for whom the name is reserved or registered, as appropriate, |
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| 13 | 11 | | provides to the secretary of state a notarized written statement of |
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| 14 | 12 | | the entity's or person's consent [consents in writing] to the use of |
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| 15 | 13 | | the similar name. |
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| 16 | 14 | | SECTION 2. Section 5.102(b), Business Organizations Code, |
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| 17 | 15 | | is amended to read as follows: |
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| 18 | 16 | | (b) Subsection (a) does not apply if the other entity or the |
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| 19 | 17 | | person for whom the name is reserved or registered, as appropriate, |
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| 20 | 18 | | provides to the secretary of state a notarized written statement of |
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| 21 | 19 | | the entity's or person's consent [consents in writing] to the |
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| 22 | 20 | | subsequent reservation of the similar name. |
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| 23 | 21 | | SECTION 3. Section 5.153(b), Business Organizations Code, |
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| 24 | 22 | | is amended to read as follows: |
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| 25 | 23 | | (b) Subsection (a) does not apply if: |
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| 26 | 24 | | (1) the other entity or the person for whom the name is |
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| 27 | 25 | | reserved or registered, as appropriate, provides to the secretary |
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| 28 | 26 | | of state a notarized written statement of the entity's or person's |
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| 29 | 27 | | consent [consents in writing] to the registration of the similar |
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| 30 | 28 | | name; or |
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| 31 | 29 | | (2) the applicant is a bank, trust company, savings |
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| 32 | 30 | | association, or insurance company that has been in continuous |
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| 33 | 31 | | existence from a date that precedes the date the conflicting name is |
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| 34 | 32 | | filed with the secretary of state. |
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| 35 | 33 | | SECTION 4. This Act takes effect immediately if it receives |
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| 36 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 37 | | Act takes effect September 1, 2015. |
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| 38 | + | ______________________________ ______________________________ |
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| 39 | + | President of the Senate Speaker of the House |
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| 40 | + | I hereby certify that S.B. No. 1313 passed the Senate on |
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| 41 | + | April 22, 2015, by the following vote: Yeas 29, Nays 1. |
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| 42 | + | ______________________________ |
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| 43 | + | Secretary of the Senate |
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| 44 | + | I hereby certify that S.B. No. 1313 passed the House on |
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| 45 | + | May 27, 2015, by the following vote: Yeas 143, Nays 1, two |
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| 46 | + | present not voting. |
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| 47 | + | ______________________________ |
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| 48 | + | Chief Clerk of the House |
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| 49 | + | Approved: |
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| 50 | + | ______________________________ |
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| 51 | + | Date |
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| 52 | + | ______________________________ |
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| 53 | + | Governor |
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