Texas 2023 - 88th Regular

Texas House Bill HB3768

Filed
3/7/23  
Out of House Committee
5/8/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the formation of decentralized unincorporated associations and the use of distributed ledger or blockchain technology for certain business purposes; authorizing a fee.

Impact

The implementation of HB 3768 would have significant implications on state laws regarding business organization and governance. It creates a specific category for decentralized unincorporated associations, giving them distinct legal status and allowing them to operate independently of traditional incorporated entities. This move is expected to promote innovation and attract businesses that wish to utilize blockchain technology. Moreover, it facilitates access to digital assets and enhances the state's position as a leader in decentralized operations, potentially boosting economic growth through technology-driven business models.

Summary

House Bill 3768 aims to establish a legal framework for decentralized unincorporated associations utilizing distributed ledger technology, such as blockchain. The bill introduces definitions and guidelines for the formation, governance, and operation of these associations, which consist of at least 500 members collaborating for mutual purposes but not primarily for profit. It allows for the use of smart contracts to automate governance processes, enhancing transparency and efficiency in member interactions and transactions. By addressing what the authors describe as outdated business organization codes, this legislation seeks to modernize Texas laws to better accommodate technological advancements in the business sector.

Sentiment

The general sentiment surrounding HB 3768 appears to be supportive, particularly among proponents of blockchain technology and innovation in Texas. Stakeholders from technology associations have expressed enthusiasm for the bill, recognizing it as a crucial step towards fostering an environment conducive to technological entrepreneurship. However, there may also be concerns regarding the governance and accountability within decentralized structures, as traditional legal mechanisms may not fully apply to these new forms of association.

Contention

While proponents advocate for the bill on the grounds of modernization and economic opportunity, detractors may raise issues surrounding oversight and regulation. The bill delegates significant power to decentralized unincorporated associations, potentially leading to challenges in accountability and governance. Critics may express apprehension about the risk of fraud or mismanagement within loosely structured entities that operate outside conventional regulatory frameworks. Ultimately, the balance between promoting innovation and ensuring accountability will be a focal point of discussions surrounding HB 3768.

Texas Constitutional Statutes Affected

Business Organizations Code

  • Chapter 1. Definitions And Other General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 6. Meetings And Voting For Domestic Entities
    • Section: New Section
  • Chapter 10. Mergers, Interest Exchanges, Conversions, And Sales Of Assets
    • Section: New Section
  • Chapter 101. Limited Liability Companies
    • Section: New Section
    • Section: 501

Companion Bills

No companion bills found.

Similar Bills

TX HB4518

Relating to the formation of decentralized unincorporated nonprofit associations and the use of distributed ledger or blockchain technology for certain business purposes; authorizing fees.

WY SF0050

Unincorporated nonprofit DAO's.

NM HB363

Decentralized Unincorporated Nonprofit Act

LA HB892

Provides relative to the formation and administration of decentralized unincorporated nonprofit associations

AR HB1533

To Create The Decentralized Unincorporated Nonprofit Association Act.

TN SB2000

AN ACT to amend Tennessee Code Annotated, Title 48 and Title 66, relative to the "Tennessee Homeowners' Association Act."

KY SB120

AN ACT relating to residential communities.

CT SB00457

An Act Concerning Revisions To The Common Interest Ownership Act.