TX Bus & Com Code § 303.052 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations|Subchapter B. Registration and Bond Requirements|Section 303.052. Form and Content of Registration Statement

Sec. 303.052.  FORM AND CONTENT OF REGISTRATION STATEMENT.  A registration statement under Section 303.051(2) must be submitted on a form the attorney general prescribes or approves and must contain:(1)  for each of the organization's offices, chapters, local units, branches, and affiliates:(A)  the legal name and each assumed name;(B)  the mailing address and street address; and(C)  each telephone number and facsimile number;(2)  the organization's employer identification number;(3)  the name, title, address, and telephone number of:(A)  the organization's executive director or other chief operating officer; and(B)  each of the organization's officers and directors;(4)  the name of each officer, director, or employee:(A)  whom the organization compensates or who has custody and control of the organization's money; and(B)  who has been convicted of or pleaded nolo contendere to:(i)  a felony; or(ii)  a misdemeanor involving fraud or the theft, misappropriation, misapplication, or misuse of another's property;(5)  for each person listed under Subdivision (4), a statement of:(A)  the offense; and(B)  the state, court, and date of each conviction or plea of nolo contendere;(6)  if the organization is a corporation, the date and state of incorporation;(7)  if the organization is not a corporation, the type of organization and date established;(8)  the date the organization began transacting business in this state;(9)  the name and address of the organization's registered agent in this state;(10)  a statement of the organization's charitable purposes;(11)  a list of the programs for which funds are solicited;(12)  the day and month on which the organization's fiscal year ends;(13)  a statement of whether the organization:(A)  is eligible to receive tax-deductible contributions under Section 170, Internal Revenue Code of 1986; and(B)  has applied for or been granted tax-exempt status by the Internal Revenue Service and, if so:(i)  the Internal Revenue Code of 1986 section on which the application was based;(ii)  the application date;(iii)  the date the exemption was granted or denied; and(iv)  a statement of whether or when the tax exemption has ever been denied, revoked, or modified;(14)  a statement that includes:(A)  the method of accounting used and the name, address, and telephone number of each of the organization's accountants and auditors;(B)  for the preceding 12 months:(i)  the total contributions received;(ii)  the total fund-raising costs, computed according to generally accepted accounting principles;(iii)  if the organization retained a commercial telephone solicitor:(a)  the name and address of each commercial telephone solicitor; and(b)  a written confirmation from each commercial telephone solicitor that it has complied with all state and local registration laws; and(iv)  the amount paid to commercial telephone solicitors; and(C)  a statement that:(i)  the organization has attempted in good faith to comply with each ordinance of a municipality or each order of a county in this state regarding telephone solicitation that has been filed with the attorney general; or(ii)  no ordinance or order described by Subparagraph (i) applies;(15)  if the organization files a federal tax return, a copy of:(A)  the organization's most recently filed Internal Revenue Service Form 990 and other federal tax returns;(B)  each supplement, amendment, and attachment to those returns; and(C)  each request for an extension to file any of those returns;(16)  if the organization does not file a federal tax return:(A)  a statement of the reason a return is not filed; and(B)  the organization's most recent financial statements, including audited financial statements, if any have been prepared; and(17)  a sworn statement verifying that the information contained in the registration statement and each attachment to the registration statement is true, correct, and complete to the best of the affiant's knowledge.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|