Bill Text: TX SB1579 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to authorizing the secretary of state to terminate the existence of a domestic filing entity if a substantial owner or governing person of the entity has been convicted of human trafficking or compelling prostitution.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-21 - Referred to State Affairs [SB1579 Detail]
Download: Texas-2017-SB1579-Introduced.html
85R12203 GRM-D | ||
By: Garcia | S.B. No. 1579 |
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relating to authorizing the secretary of state to terminate the | ||
existence of a domestic filing entity if a substantial owner or | ||
governing person of the entity has been convicted of human | ||
trafficking or compelling prostitution. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.251(b), Business Organizations Code, | ||
is amended to read as follows: | ||
(b) The secretary of state may terminate a filing entity's | ||
existence if the secretary finds that: | ||
(1) the entity has failed to, and, before the 91st day | ||
after the date notice was mailed has not corrected the entity's | ||
failure to: | ||
(A) file a report within the period required by | ||
law or pay a fee or penalty prescribed by law when due and payable; | ||
or | ||
(B) maintain a registered agent or registered | ||
office in this state as required by law; [ |
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(2) the entity has failed to, and, before the 16th day | ||
after the date notice was mailed has not corrected the entity's | ||
failure to, pay a fee required in connection with the filing of its | ||
certificate of formation, or payment of the fee was dishonored when | ||
presented by the state for payment; or | ||
(3) a person who has an ownership interest of at least | ||
51 percent in the entity or a governing person of the entity has | ||
been convicted of an offense under Section 20A.02, 20A.03, or | ||
43.05, Penal Code. | ||
SECTION 2. Section 11.251(b), Business Organizations Code, | ||
as amended by this Act, applies to a filing entity only if an | ||
offense described by that section is committed on or after the | ||
effective date of this Act. If the offense was committed before the | ||
effective date of this Act, the filing entity is governed by the law | ||
in effect on the date the offense was committed, and the former law | ||
is continued in effect for that purpose. For purposes of this | ||
section, an offense was committed before the effective date of this | ||
Act if any element of the offense occurred before that date. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |