Texas 2023 - 88th Regular

Texas Senate Bill SB1514

Filed
3/3/23  
Out of Senate Committee
4/13/23  
Voted on by Senate
4/20/23  
Out of House Committee
4/27/23  
Voted on by House
4/28/23  
Governor Action
5/13/23  

Caption

Relating to business entities and nonprofit entities.

Impact

The implications of SB 1514 are substantial, as it repeals certain provisions and alters others to facilitate greater operational flexibility for business entities. By enabling partnerships to waive certain requirements and allowing a clearer definition of assumed names, this bill seeks to eliminate ambiguities that have historically complicated business establishment and operation. The amendments aim to prevent litigation over technical compliance issues, thereby enhancing economic activity by making Texas a more business-friendly environment.

Summary

Senate Bill 1514 focuses on the regulation and organization of business entities and nonprofit entities in Texas. It enacts amendments to various sections of the Business Organizations Code aimed at clarifying the rules surrounding business operations and partnerships. Notably, it introduces the doctrine of independent legal significance, enabling actions validly taken under the code to be recognized even if they fail to meet requirements of another provision. This streamlining is expected to simplify the legal landscape for businesses operating within the state.

Sentiment

The sentiment around SB 1514 appears to be generally positive among lawmakers, particularly those representing business interests. The bill passed with overwhelming support in both the Senate and the House, indicating broad legislative consensus on the necessity of these reforms. Supporters argue that the changes are essential for fostering a conducive climate for business growth, especially for small and medium-sized enterprises that may struggle to navigate existing regulatory complexities.

Contention

Despite its broad support, some points of contention were raised regarding the potential overreach of the provisions that allow for waiving traditional requirements for partnerships. Critics express concern that this could diminish oversight and accountability among business entities, lead to potential abuses, and obstruct the rights of minority partners or shareholders. The balance between easing regulations and maintaining necessary checks within business structures appears to be a critical focus in discussions surrounding the bill.

Texas Constitutional Statutes Affected

Business Organizations Code

  • Chapter 1. Definitions And Other General Provisions
    • Section: 055
    • Section: New Section
    • Section: 055
    • Section: New Section
    • Section: New Section
    • Section: 055
    • Section: 055
    • Section: New Section
    • Section: 055
  • Chapter 3. Formation And Governance
    • Section: New Section
    • Section: 251
    • Section: New Section
  • Chapter 5. Names Of Entities; Registered Agents And Registered Offices
    • Section: New Section
    • Section: New Section
  • Chapter 6. Meetings And Voting For Domestic Entities
    • Section: New Section
    • Section: New Section
  • Chapter 11. Winding Up And Termination Of Domestic Entity
    • Section: New Section
    • Section: New Section
  • Chapter 10. Mergers, Interest Exchanges, Conversions, And Sales Of Assets
    • Section: 151
    • Section: 154
    • Section: 151
    • Section: 154
    • Section: 355
    • Section: 364
  • Chapter 21. For-profit Corporations
    • Section: New Section
    • Section: 168
    • Section: 168
    • Section: New Section
    • Section: 168
  • Chapter 101. Limited Liability Companies
    • Section: New Section
    • Section: New Section
  • Chapter 22. Nonprofit Corporations
    • Section: 230
  • Chapter 154. Provisions Applicable To Both General And Limited Partnerships
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB4279

Identical Relating to business entities and nonprofit entities.

Similar Bills

TX HB4279

Relating to business entities and nonprofit entities.

TX SB748

Relating to business entities and associations.

TX HB1873

Relating to business entities and associations.

TX SB2411

Relating to business organizations.