By: Watson, et al. S.B. No. 1313
(Villalba)
A BILL TO BE ENTITLED
AN ACT
relating to the names of certain businesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.053(b), Business Organizations Code,
is amended to read as follows:
(b) Subsection (a) does not apply if the other entity or the
person for whom the name is reserved or registered, as appropriate,
provides to the secretary of state a notarized written statement of
the entity's or person's consent [consents in writing] to the use of
the similar name.
SECTION 2. Section 5.102(b), Business Organizations Code,
is amended to read as follows:
(b) Subsection (a) does not apply if the other entity or the
person for whom the name is reserved or registered, as appropriate,
provides to the secretary of state a notarized written statement of
the entity's or person's consent [consents in writing] to the
subsequent reservation of the similar name.
SECTION 3. Section 5.153(b), Business Organizations Code,
is amended to read as follows:
(b) Subsection (a) does not apply if:
(1) the other entity or the person for whom the name is
reserved or registered, as appropriate, provides to the secretary
of state a notarized written statement of the entity's or person's
consent [consents in writing] to the registration of the similar
name; or
(2) the applicant is a bank, trust company, savings
association, or insurance company that has been in continuous
existence from a date that precedes the date the conflicting name is
filed with the secretary of state.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.