Texas 2017 - 85th Regular

Texas House Bill HB2826

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to partnerships, limited liability companies, and other domestic and foreign entities and to series of limited liability companies and foreign entities.

Impact

The implications of HB 2826 are significant for businesses operating within Texas. By clearly defining processes for service of process on series entities and establishing rules for how a limited liability company can operate and manage its internal governance, the bill aims to foster a more predictable and stable business environment. It enhances legal protections for both entities and individual partners or associates, creating a more robust structure for addressing conflicts and ensuring compliance with statutory requirements.

Summary

House Bill 2826 amends the Business Organizations Code to clarify and enhance the framework governing limited liability companies (LLCs) and partnerships in Texas. The bill introduces specific provisions regarding service of process for series of limited liability companies, thereby establishing more explicit legal protocols for how legal notices and demands should be directed to these entities. Additionally, the bill includes changes related to the definitions of various organizational structures and the process of name registration to eliminate conflicts and confusion among similarly named entities.

Sentiment

The general sentiment surrounding HB 2826 is supportive, particularly among business groups and legal professionals who advocate for clearer guidelines in the realm of business organizations. The proposed changes are viewed as necessary updates that align Texas law with the evolving practices in business governance. However, there are critics who argue that the clarity provided by the bill may inadvertently favor larger entities over smaller businesses or startups, potentially creating an uneven playing field.

Contention

A notable point of contention lies in the operational changes surrounding the management of limited liability companies and the enforcement of company agreements. Critics voice concerns that the amendments could limit member access to necessary records or impose additional burdens on smaller companies to comply with more complex regulations. As the bill progresses, it will be important to monitor the debates regarding its impact on small business dynamics and stakeholder equity.

Companion Bills

TX SB1517

Identical Relating to partnerships, limited liability companies, and other domestic and foreign entities and to series of limited liability companies and foreign entities.

Similar Bills

TX SB1517

Relating to partnerships, limited liability companies, and other domestic and foreign entities and to series of limited liability companies and foreign entities.

TX SB859

Relating to partnerships and limited liability companies.

TX HB2144

Relating to partnerships and limited liability companies.

TX SB748

Relating to business entities and associations.

TX HB2760

Relating to partnerships between the Texas State Technical College System and public junior colleges.

TX HB1873

Relating to business entities and associations.