87R16581 MLH-F
By: Menéndez S.B. No. 2160
A BILL TO BE ENTITLED
AN ACT
relating to the filing of an assumed name certificate by certain
business entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 71.103, Business & Commerce Code, is
amended to read as follows:
Sec. 71.103. PLACE OF FILING. (a) A corporation, limited
partnership, limited liability partnership, limited liability
company, or foreign filing entity required to file a certificate
under Section 71.101:
(1) shall file the certificate in the office of the
secretary of state; and
(2) may file the certificate in the office or offices
of each county clerk as specified by Subsection (b) or (c).
(b) An entity that maintains a registered office in this
state may file the certificate in the office of the county clerk of
the county in which the entity's:
(1) registered office is located, if the entity's
principal office is not located in this state; or
(2) principal office is located, if the entity's
principal office is located in this state.
(c) An entity that does not maintain a registered office in
this state may file the certificate:
(1) in the office of the county clerk of the county in
which the entity's office in this state is located; or
(2) in the office of the county clerk of the county in
which the entity's principal place of business in this state is
located, if:
(A) the entity is not incorporated, formed, or
organized under the laws of this state; and
(B) the county in which the entity's principal
place of business in this state is located is not the same county in
which the entity's office is located.
SECTION 2. Section 71.104, Business & Commerce Code, is
amended by adding Subsection (b) to read as follows:
(b) A certificate filed in a county clerk's office must be
executed and acknowledged in the manner provided by Section 71.053
for a certificate filed under that section.
SECTION 3. Section 71.104(b), Business & Commerce Code, as
added by this Act, applies only to a certificate filed on or after
the effective date of this Act. A certificate filed before the
effective date of this Act is governed by the law in effect on the
date the certificate was filed, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.