2023 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.