88R21678 JES-F
By: Shine H.B. No. 2389
Substitute the following for H.B. No. 2389:
By: Button C.S.H.B. No. 2389
A BILL TO BE ENTITLED
AN ACT
relating to companies in which employees have ownership interests
through employee stock ownership plans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.004, Business Organizations Code, is
amended to read as follows:
Sec. 301.004. AUTHORIZED PERSON. For purposes of this
title, a person is an authorized person with respect to:
(1) a professional association if the person is a
professional individual; [and]
(2) a [professional corporation or a] professional
limited liability company if the person is a professional
individual or professional organization; and
(3) a professional corporation if the person is:
(A) a professional individual;
(B) a professional organization; or
(C) an employee stock ownership plan, as
described by Section 303.0015, established by the corporation.
SECTION 2. Chapter 303, Business Organizations Code, is
amended by adding Section 303.0015 to read as follows:
Sec. 303.0015. AUTHORIZED PERSON: EMPLOYEE STOCK OWNERSHIP
PLAN. For purposes of this chapter, an employee stock ownership
plan, as defined by Section 4975(e) of the Internal Revenue Code of
1986 (26 U.S.C. Section 4975(e)), established by a professional
corporation, is an authorized person if:
(1) all of the voting trustees of the plan are
professional individuals who are licensed to provide at least one
category of the professional services described in the
corporation's certificate of formation; and
(2) the ownership interests in the plan are not
directly issued to any person other than the plan trust or a
professional individual licensed to provide at least one category
of the professional services described in the corporation's
certificate of formation.
SECTION 3. Subchapter B, Chapter 481, Government Code, is
amended by adding Section 481.030 to read as follows:
Sec. 481.030. ESTABLISHMENT OF EMPLOYEE OWNERSHIP
ASSISTANCE WEBSITE. The office shall establish and maintain an
Internet website for employee-owned company information to serve as
a source of:
(1) outreach and information dissemination for
fostering increased awareness of employee stock ownership plans;
and
(2) technical assistance to assist businesses in
determining the feasibility of establishing an employee stock
ownership plan.
SECTION 4. This Act takes effect September 1, 2023.