reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter A. General Provisions › Section 71.003. Applicability of Chapter

Sec. 71.003.  APPLICABILITY OF CHAPTER.  (a)  This chapter does not apply to an insurer authorized to engage in business in this state and described in Subchapter A, Chapter 805, Insurance Code, except as specifically provided by the Insurance Code.
(b)  This chapter does not require a corporation, limited partnership, limited liability partnership, limited liability company, or foreign filing entity or its shareholders, associates, partners, or members to file a certificate to conduct business or render a professional service in this state under the name of the entity as stated in the certificate of formation, application filed with the office of the secretary of state, or other comparable document of the entity.
(b-1)  This chapter does not require a registered series of a limited liability company or its members to file a certificate to conduct business or render a professional service in this state under the name of the registered series as stated in the series' certificate of registered series.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 63, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 5, eff. June 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter B. Requirements Applicable to Certain Unincorporated Persons › Section 71.051. Certificate for Certain Unincorporated Persons

Sec. 71.051.  CERTIFICATE FOR CERTAIN UNINCORPORATED PERSONS.  A person must file a certificate under this subchapter if the person regularly conducts business or renders a professional service in this state under an assumed name other than as a corporation, limited partnership, limited liability partnership, limited liability company, protected series or registered series of a limited liability company, or foreign filing entity.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 64, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 6, eff. June 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter B. Requirements Applicable to Certain Unincorporated Persons › Section 71.052. Contents of Certificate

Sec. 71.052.  CONTENTS OF CERTIFICATE.  The certificate must state:
(1)  the assumed name under which the business is or is to be conducted or the professional service is or is to be rendered;
(2)  if the registrant is:
(A)  an individual, the individual's full name and residence address;
(B)  a partnership:
(i)  the venture or partnership name;
(ii)  the venture or partnership office address;
(iii)  the full name of each joint venturer or general partner; and
(iv)  each joint venturer's or general partner's residence address if the venturer or partner is an individual or the joint venturer's or general partner's office address if the venturer or partner is not an individual;
(C)  an estate:
(i)  the name of the estate;
(ii)  the estate's office address, if any;
(iii)  the full name of each representative of the estate; and
(iv)  each representative's residence address if the representative is an individual or the representative's office address if the representative is not an individual;
(D)  a real estate investment trust:
(i)  the name of the trust;
(ii)  the address of the trust;
(iii)  the full name of each trustee manager; and
(iv)  each trustee manager's residence address if the trustee manager is an individual or the trustee manager's office address if the trustee manager is not an individual; or
(E)  a company, other than a real estate investment trust:
(i)  the name of the company;
(ii)  the state, country, or other jurisdiction under the laws of which the company was organized; and
(iii)  the company's office address;
(3)  the period, not to exceed 10 years, during which the registrant will use the assumed name; and
(4)  a statement specifying that the business that is or will be conducted or the professional service that is or will be rendered in the county under the assumed name is being or will be conducted or rendered as a proprietorship, sole practitioner, partnership, real estate investment trust, joint-stock company, or other form of unincorporated business or professional association or entity other than a limited partnership, limited liability company, limited liability partnership, or foreign filing entity.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 65, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter B. Requirements Applicable to Certain Unincorporated Persons › Section 71.053. Execution of Certificate

Sec. 71.053.  EXECUTION OF CERTIFICATE.  (a)  The certificate must be executed and acknowledged:
(1)  by each individual whose name is required to be stated in the certificate or the individual's representative or attorney-in-fact; and
(2)  under oath on behalf of each person whose name is required to be stated in the certificate and who is not an individual, by:
(A)  the person's representative or attorney-in-fact; or
(B)  a joint venturer, general partner, trustee manager, officer, or other person having authority regarding the person comparable to the person's representative or attorney-in-fact.
(b)  A certificate executed and acknowledged by an attorney-in-fact must include a statement that the attorney has been authorized in writing by the attorney's principal to execute and acknowledge the certificate.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter B. Requirements Applicable to Certain Unincorporated Persons › Section 71.054. Place of Filing

Sec. 71.054.  PLACE OF FILING.  A person shall file the certificate in the office of the county clerk in each county in which the person:
(1)  has or will maintain business or professional premises; or
(2)  conducts business or renders a professional service, if the person does not or will not maintain business or professional premises in any county.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter C. Requirements Applicable to Incorporated Business or Profession and Certain Other Entities › Section 71.101. Certificate for Incorporated Business or Profession, Limited Partnership, Limited Liability Partnership, Limited Liability Company, Registered Series, or Foreign Filing Entity

Sec. 71.101.  CERTIFICATE FOR INCORPORATED BUSINESS OR PROFESSION, LIMITED PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP, LIMITED LIABILITY COMPANY, REGISTERED SERIES, OR FOREIGN FILING ENTITY.  A corporation, limited partnership, limited liability partnership, limited liability company, registered series of a limited liability company, or foreign filing entity must file a certificate under this subchapter if the registered series or entity:
(1)  regularly conducts business or renders professional services in this state under an assumed name; or
(2)  is required by law to use an assumed name in this state to conduct business or render professional services.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 66, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 7, eff. June 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter C. Requirements Applicable to Incorporated Business or Profession and Certain Other Entities › Section 71.102. Contents of Certificate

Sec. 71.102.  CONTENTS OF CERTIFICATE.  The certificate must state:
(1)  the assumed name under which the business is or is to be conducted or the professional service is or is to be rendered;
(2)  the registrant's name as stated in the registrant's certificate of formation or application filed with the office of the secretary of state or other comparable document, except that:
(A)  if the registrant is a limited liability company that is filing under an assumed name used by a protected series of the limited liability company, the certificate must state the name of that protected series as stated in the company agreement of the limited liability company and the name of the limited liability company as stated in the company's certificate of formation; or
(B)  if the registrant is a registered series of a limited liability company, the certificate must state the registrant's name as stated in its certificate of registered series and the name of the limited liability company as stated in the company's certificate of formation;
(3)  the state, country, or other jurisdiction under the laws of which the registrant was formed, incorporated, or organized;
(4)  the period, not to exceed 10 years, during which the registrant will use the assumed name;
(5)  a statement specifying that the registrant is:
(A)  a for-profit corporation, nonprofit corporation, professional corporation, professional association, or other type of corporation;
(B)  a limited partnership, limited liability partnership, limited liability company, or registered series of a limited liability company; or
(C)  another type of incorporated business, professional or other association, or legal entity, foreign or domestic;
(6)  the street or mailing address of the registrant's principal office in this state or outside this state, as applicable; and
(7)  the county or counties in this state where the registrant is or will be conducting business or rendering professional services under the assumed name.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 67, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 563 (S.B. 699), Sec. 1, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 8, eff. June 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter C. Requirements Applicable to Incorporated Business or Profession and Certain Other Entities › Section 71.103. Place of Filing

Sec. 71.103.  PLACE OF FILING.  (a)  A corporation, limited partnership, limited liability partnership, limited liability company, registered series of a limited liability company, or foreign filing entity required to file a certificate under Section 71.101 shall file the certificate in the office of the secretary of state.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 900 (H.B. 3609), Sec. 2, eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 900 (H.B. 3609), Sec. 2, eff. September 1, 2019.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 68, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 900 (H.B. 3609), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 900 (H.B. 3609), Sec. 2, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 9, eff. June 1, 2022.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter C. Requirements Applicable to Incorporated Business or Profession and Certain Other Entities › Section 71.104. Execution of Certificate

Sec. 71.104.  EXECUTION OF CERTIFICATE.  (a)  A certificate filed in the secretary of state's office must be executed by an officer, general partner, member, manager, or representative of or attorney-in-fact for the registrant.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 900 (H.B. 3609), Sec. 2, eff. September 1, 2019.
(c)  A certificate executed by an attorney-in-fact must include a statement that the attorney has been authorized in writing by the attorney's principal to execute the certificate.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 900 (H.B. 3609), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter D. General Provisions Regarding Assumed Name Certificate › Section 71.151. Duration and Renewal of Certificate

Sec. 71.151.  DURATION AND RENEWAL OF CERTIFICATE.  (a)  A certificate is effective for a term not to exceed 10 years from the date the certificate is filed.
(b)  A certificate is void at the end of the certificate's stated term, unless within six months preceding the certificate's expiration date the registrant files in the office of a county clerk and the secretary of state, if applicable, a renewal certificate complying with the requirements of this chapter for an original certificate.
(c)  A registrant may renew a certificate under this section for any number of successive terms, but each term may not exceed 10 years.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter D. General Provisions Regarding Assumed Name Certificate › Section 71.152. Material Change in Information; New Certificate

Sec. 71.152.  MATERIAL CHANGE IN INFORMATION; NEW CERTIFICATE.  (a)  Not later than the 60th day after an event occurs that causes the information in a certificate to become materially misleading, a registrant must file a new certificate complying with this chapter in the office in which the original or renewal certificate was filed.
(b)  An event that causes the information in a certificate to become materially misleading includes:
(1)  a change in the name, identity, entity, form of business or professional organization, or location of a registrant;
(2)  for a proprietorship or sole practitioner, a change in ownership; or
(3)  for a partnership:
(A)  the admission of a new partner or joint venturer; or
(B)  the end of a general partner's or joint venturer's association with the partnership.
(c)  A new certificate filed under this section is effective for a term not to exceed 10 years from the date the certificate is filed.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 69, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter D. General Provisions Regarding Assumed Name Certificate › Section 71.153. Abandonment of Use of Business or Professional Name

Sec. 71.153.  ABANDONMENT OF USE OF BUSINESS OR PROFESSIONAL NAME.  (a)  A registrant who has filed a certificate under this chapter and who ceases to conduct business or render professional services in this state under the assumed name stated in the certificate may file a statement of abandonment of use of the assumed name in the office in which the registrant's certificate was filed.
(b)  The statement of abandonment of use of an assumed name must state:
(1)  the assumed name being abandoned;
(2)  the date on which the certificate was filed in the office in which the statement of abandonment is being filed and in any other office in which the certificate was filed; and
(3)  the registrant's name and residence or office address as required for a certificate filed under this chapter.
(c)  A statement of abandonment must be executed and acknowledged in the same manner as if the registrant were filing a certificate under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter D. General Provisions Regarding Assumed Name Certificate › Section 71.154. Index of Certificates

Sec. 71.154.  INDEX OF CERTIFICATES.  (a)  The secretary of state and each county clerk shall keep an alphabetical index of:
(1)  all assumed names that have been filed in the office of the respective officer; and
(2)  the persons filing the certificates.
(b)  A copy of a certificate or statement is presumptive evidence in any court in this state of the facts contained in the copy if the copy is certified to by:
(1)  the county clerk in whose office the certificate or statement was filed; or
(2)  the secretary of state.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter D. General Provisions Regarding Assumed Name Certificate › Section 71.155. Filing Fees

Sec. 71.155.  FILING FEES.  (a)  Except as provided by Subsection (a-1), the county clerk shall collect a fee of:
(1)  $2 for filing each certificate or statement required or permitted to be filed under this chapter; and
(2)  50 cents for each name to be indexed.
(a-1)  The county clerk may waive all fees under Subsection (a) for a registrant who is a military veteran.  In this subsection, "military veteran" has the meaning assigned by Section 55.001, Occupations Code.
(b)  The secretary of state shall collect for the use of this state a fee of:
(1)  $25 for indexing and filing each certificate or statement required or permitted to be filed under this chapter; and
(2)  $10 for filing each statement of abandonment of use of an assumed name.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 262 (H.B. 1646), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter D. General Provisions Regarding Assumed Name Certificate › Section 71.156. Prescribed Forms

Sec. 71.156.  PRESCRIBED FORMS.  (a)  The secretary of state may prescribe a form to be used for filing a certificate or statement that complies with this chapter in the secretary's office or in the office of any county clerk in this state.
(b)  Unless otherwise specifically provided by law, the use of a form prescribed under this section is not mandatory.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter D. General Provisions Regarding Assumed Name Certificate › Section 71.157. Effect of Filing

Sec. 71.157.  EFFECT OF FILING.  (a)  This chapter does not give a registrant a right to use the assumed name in violation of the common or statutory law of unfair competition or unfair trade practices, common law copyright, or similar law.
(b)  The filing of a certificate under this chapter does not in itself constitute actual use of the assumed name stated in the certificate for purposes of determining priority of rights.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter D. General Provisions Regarding Assumed Name Certificate › Section 71.158. Filing of Reproduction

Sec. 71.158.  FILING OF REPRODUCTION.  (a)  The secretary of state may accept for filing a photographic, photostatic, or similar reproduction of a signed original document required or authorized to be filed in the secretary's office under this chapter.
(b)  A signature on a document required or authorized to be filed in the secretary of state's office under this chapter may be a facsimile.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter E. Penalties › Section 71.201. Civil Action; Sanction

Sec. 71.201.  CIVIL ACTION; SANCTION.  (a)  A person's failure to comply with this chapter does not impair the validity of any contract or act by the person or prevent the person from defending any action or proceeding in any court of this state, but the person may not maintain in a court of this state an action or proceeding arising out of a contract or act in which an assumed name was used until an original, new, or renewed certificate has been filed as required by this chapter.
(b)  In an action or proceeding brought against a person who has not complied with this chapter, the court may award the plaintiff or other party bringing the action or proceeding expenses incurred, including attorney's fees, in locating and effecting service of process on the defendant.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter E. Penalties › Section 71.202. Criminal Penalty: General Violation

Sec. 71.202.  CRIMINAL PENALTY: GENERAL VIOLATION.  (a)  A person commits an offense if the person:
(1)  conducts business or renders a professional service in this state under an assumed name; and
(2)  intentionally violates this chapter.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter E. Penalties › Section 71.203. Criminal Penalty: Fraudulent Filing

Sec. 71.203.  CRIMINAL PENALTY: FRAUDULENT FILING.  (a)  A person may not knowingly or intentionally sign and present for filing or cause to be presented for filing a document authorized or required to be filed under this chapter that:
(1)  indicates that the person signing the document has the authority to act on behalf of the entity for which the document is presented and the person does not have that authority;
(2)  contains a material false statement; or
(3)  is forged.
(b)  A person commits an offense if the person violates Subsection (a).  An offense under this subsection is punishable as if it were an offense under Section 37.10, Penal Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 72 - Business Records › Subchapter A. Disposal of Certain Business Records › Section 72.001. Definitions

Sec. 72.001.  DEFINITIONS. In this subchapter:
(1)  "Business record" means letters, words, sounds, or numbers, or the equivalent of letters, words, sounds, or numbers, recorded in the operation of a business by:
(A)  handwriting;
(B)  typewriting;
(C)  printing;
(D)  photostat;
(E)  photograph;
(F)  magnetic impulse;
(G)  mechanical or electronic recording;
(H)  digitized optical image;  or
(I)  another form of data compilation.
(2)  "Personal identifying information" means an individual's first name or initial and last name in combination with one or more of the following:
(A)  date of birth;
(B)  social security number or other government-issued identification number;
(C)  mother's maiden name;
(D)  unique biometric data, including the individual's fingerprint, voice data, or retina or iris image;
(E)  unique electronic identification number, address, or routing code;
(F)  telecommunication access device as defined by Section 32.51, Penal Code, including debit or credit card information; or
(G)  financial institution account number or any other financial information.
(3)  "Reproduction" means a counterpart of an original business record produced by:
(A)  production from the same impression or the same matrix as the original;
(B)  photography, including an enlargement or miniature;
(C)  mechanical or electronic rerecording;
(D)  chemical reproduction;
(E)  digitized optical imaging; or
(F)  another technique that accurately reproduces the original.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 72 - Business Records › Subchapter A. Disposal of Certain Business Records › Section 72.002. Destruction of Certain Business Records

Sec. 72.002.  DESTRUCTION OF CERTAIN BUSINESS RECORDS.  (a)  A business record required to be retained by a law of this state may be destroyed at any time after the third anniversary of the date the business record was created.
(b)  Subsection (a) does not apply if a law or rule applicable to the business record prescribes a different retention period or procedure for disposal.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 72 - Business Records › Subchapter A. Disposal of Certain Business Records › Section 72.003. Retention of Reproduction of Business Records

Sec. 72.003.  RETENTION OF REPRODUCTION OF BUSINESS RECORDS. A law of this state that requires retention of a business record is satisfied by retention of a reproduction of the original record.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 72 - Business Records › Subchapter A. Disposal of Certain Business Records › Section 72.004. Disposal of Business Records Containing Personal Identifying Information

Sec. 72.004.  DISPOSAL OF BUSINESS RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION.  (a)  This section does not apply to:
(1)  a financial institution as defined by 15 U.S.C. Section 6809; or
(2)  a covered entity as defined by Section 601.001 or 602.001, Insurance Code.
(b)  When a business disposes of a business record that contains personal identifying information of a customer of the business, the business shall modify, by shredding, erasing, or other means, the personal identifying information so as to make the information unreadable or undecipherable.
(c)  A business is considered to comply with Subsection (b) if the business contracts with a person engaged in the business of disposing of records for the modification of personal identifying information on behalf of the business in accordance with that subsection.
(d)  A business that disposes of a business record without  complying with Subsection (b) is liable for a civil penalty in an amount not to exceed $500 for each business record.  The attorney general may bring an action against the business to:
(1)  recover the civil penalty;
(2)  obtain any other remedy, including injunctive relief;  and
(3)  recover costs and reasonable attorney's fees incurred in bringing the action.
(e)  A business that in good faith modifies a business record as required by Subsection (b) is not liable for a civil penalty under Subsection (d) if the business record is reconstructed, wholly or partly, through extraordinary means.
(f)  Subsection (b) does not require a business to modify a business record if:
(1)  the business is required to retain the business record under another law;  or
(2)  the business record is historically significant and:
(A)  there is no potential for identity theft or fraud while the business retains custody of the business record; or
(B)  the business record is transferred to a professionally managed historical repository.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 72 - Business Records › Subchapter B. Deletion of Certain Records or Information Relating to Customers' Checks › Section 72.051. Required Deletion of Certain Electronic Records

Sec. 72.051.  REQUIRED DELETION OF CERTAIN ELECTRONIC RECORDS.  (a)  In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
(b)  This section applies only to a business that accepts checks from customers in the ordinary course of business.  This section does not apply to a financial institution as defined by 31 U.S.C. Section 5312(a)(2), as amended.
(c)  A business shall delete any electronic record indicating that a customer has issued a dishonored check or any other information except for a checking account number or bank routing transit number on which the business bases a refusal to accept a check from a customer.  The record must be deleted not later than the 30th day after the date:
(1)  the customer and the business agree that the information contained in the electronic record is incorrect; or
(2)  the customer presents to the business:
(A)  a copy of a report filed by the customer with a law enforcement agency stating that the dishonored check was unauthorized; and
(B)  a written statement of the customer indicating that the dishonored check was unauthorized.
(d)  A business that violates Subsection (c) is liable to this state for a civil penalty in an amount not to exceed $1,000.  The attorney general may:
(1)  bring an action to recover the civil penalty; and
(2)  recover reasonable expenses incurred in recovering the penalty, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 73 - Registration of Dental Support Organizations › Section 73.001. Definitions

Sec. 73.001.  DEFINITIONS.  In this chapter:
(1)  "Business support services" means business, management, consulting, or administrative services, facilities, or staff provided for a dentist, including:
(A)  office space, furnishings, and equipment;
(B)  staff employed by the dental support organization;
(C)  regulatory compliance;
(D)  inventory or supplies, including dental equipment and supplies;
(E)  information systems;
(F)  marketing and advertising;
(G)  financial services;
(H)  accounting, bookkeeping, or monitoring or payment of accounts receivable;
(I)  payroll or benefits administration;
(J)  billing and collection for services and products;
(K)  reporting and payment of federal or state taxes;
(L)  administration of interest expense or indebtedness incurred to finance the operation of a business; or
(M)  insurance services.
(2)  "Dental support organization" means an entity that, under an agreement, provides two or more business support services to a dentist.
(3)  "Dentist" means an individual licensed to practice dentistry in this state.
Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 73 - Registration of Dental Support Organizations › Section 73.002. Registration Required

Sec. 73.002.  REGISTRATION REQUIRED.  (a)  A dental support organization shall annually register with the secretary of state.
(b)  A dental support organization's registration under this section is considered registration of any subsidiary, contractor, or affiliate of the dental support organization through or with which the dental support organization provides business support services.
Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 73 - Registration of Dental Support Organizations › Section 73.003. Exemptions

Sec. 73.003.  EXEMPTIONS.  This chapter does not require registration by:
(1)  an accountant providing only accounting services;
(2)  an attorney providing only legal counsel;
(3)  an insurance company or insurance agent providing only insurance policies to a business; and
(4)  entities providing only investment and financial advisory services.
Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 73 - Registration of Dental Support Organizations › Section 73.004. Contents of Registration; Fee

Sec. 73.004.  CONTENTS OF REGISTRATION;  FEE.  (a)  The registration required by Section 73.002 must include:
(1)  the name and business address of the dental support organization;
(2)  the name and business address of each dentist in this state with which the dental support organization has entered into an agreement to provide two or more business support services;
(3)  the name of each dentist who owns 10 percent or more of the dental support organization;
(4)  the name of each person who is not a dentist and owns 10 percent or more of the dental support organization; and
(5)  a list of all business support services provided to each dentist.
(b)  A registration and each corrected registration must be accompanied by a fee set by the secretary of state in an amount necessary to recover the costs of administering this chapter.
(c)  A registration or corrected registration is not effective until the dental support organization pays the fee required by this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 73 - Registration of Dental Support Organizations › Section 73.005. Timing of Registration; Correction Required

Sec. 73.005.  TIMING OF REGISTRATION;  CORRECTION REQUIRED.  (a)  Except as provided by Subsection (b), the registration required by Section 73.002 must be filed with the secretary of state not later than January 31 of each year for which the registration is effective.
(b)  A dental support organization that initially meets the requirement for registration under Section 73.002 after January 31 shall file the registration required by that section not later than the 90th day after the date an agreement to provide business support services is executed.
(c)  A dental support organization shall file a corrected registration each quarter as necessary.
Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 73 - Registration of Dental Support Organizations › Section 73.006. Failure to File Registration or Correction

Sec. 73.006.  FAILURE TO FILE REGISTRATION OR CORRECTION.  (a)  A person who fails to file a registration or a corrected registration as required by this chapter is liable to the state for a civil penalty in an amount not to exceed $1,000.
(b)  Each day a violation continues or occurs is a separate violation for the purpose of imposing the civil penalty.
(c)  The attorney general shall file suit to collect the civil penalty provided by this section.  The suit may be filed in Travis County or any county where the dental support organization provides business support services.
Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 73 - Registration of Dental Support Organizations › Section 73.007. Interagency Memorandum

Sec. 73.007.  INTERAGENCY MEMORANDUM.  The secretary of state and the State Board of Dental Examiners shall enter into an interagency memorandum to share the information collected by the secretary of state under this chapter with the board.
Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 73 - Registration of Dental Support Organizations › Section 73.008. Applicability

Sec. 73.008.  APPLICABILITY.  This chapter does not limit nonclinical business support services that may be provided to a dentist by a dental support organization.
Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 74 - Registration of Vision Support Organizations › Section 74.001. Definitions

Sec. 74.001.  DEFINITIONS.  In this chapter:
(1)  "Business support services" means business, management, consulting, or administrative services, facilities, or staff provided for an optometrist or an entity that employs or contracts with an optometrist to provide services or products, including:
(A)  office space, furnishings, equipment, supplies, or inventory;
(B)  staff employed by a vision support organization;
(C)  regulatory compliance;
(D)  eye care equipment, supplies, or products;
(E)  information systems;
(F)  marketing or advertising;
(G)  financial services;
(H)  accounting, bookkeeping, or monitoring of accounts receivable;
(I)  payroll or benefits administration;
(J)  billing and collection for services and products;
(K)  reporting and payment of federal or state taxes;
(L)  administration of interest expense or indebtedness incurred to finance the operation of a business;
(M)  insurance services; or
(N)  group purchasing services.
(2)  "Optometrist" means an individual optometrist or therapeutic optometrist licensed to practice optometry in this state.
(3)  "Vision support organization" means an entity that, under one or more agreements, provides two or more business support services to an optometrist.
Added by Acts 2023, 88th Leg., R.S., Ch. 274 (S.B. 820), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 74 - Registration of Vision Support Organizations › Section 74.002. Registration Required

Sec. 74.002.  REGISTRATION REQUIRED.  (a)  A vision support organization shall annually register with the secretary of state.
(b)  A vision support organization's registration under this section is considered registration of any subsidiary, contractor, or affiliate of the vision support organization through or with which the vision support organization provides business support services if the registration includes all required information from each subsidiary, contractor, or affiliate of the vision support organization as if that entity had filed individually.
Added by Acts 2023, 88th Leg., R.S., Ch. 274 (S.B. 820), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 74 - Registration of Vision Support Organizations › Section 74.003. Exemptions

Sec. 74.003.  EXEMPTIONS.  This chapter does not require registration by:
(1)  an accountant providing only accounting services;
(2)  an attorney providing only legal counsel;
(3)  an insurance company or insurance agent providing only insurance policies to a business;
(4)  entities providing only investment and financial advisory services;
(5)  an accredited college of optometry or college of medicine in this state;
(6)  an optometrist licensed by the Texas Optometry Board or a physician licensed by the Texas Medical Board who has an ownership interest in three or fewer locations;
(7)  a community health center, as defined by Section 351.367(a), Occupations Code; and
(8)  a nonprofit corporation governed by Chapter 22, Business Organizations Code, and exempt from taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code, that performs eye care services primarily for homeless, migrant, indigent, or medically underserved populations.
Added by Acts 2023, 88th Leg., R.S., Ch. 274 (S.B. 820), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 74 - Registration of Vision Support Organizations › Section 74.004. Contents of Registration; Fee

Sec. 74.004.  CONTENTS OF REGISTRATION; FEE. (a) The registration required by Section 74.002 must include:
(1)  the name and business address of the vision support organization;
(2)  the name and business address of each optometrist and each entity that employs or contracts with an optometrist to provide eye care services in this state with which the vision support organization has entered into an agreement to provide two or more business support services;
(3)  the name of each optometrist who owns any portion of the vision support organization;
(4)  the name of each person who is not an optometrist and owns five percent or more of the vision support organization; and
(5)  a list of all business support services provided to each optometrist or each entity that employs or contracts with an optometrist to provide eye care services.
(b)  A registration and each corrected registration must be accompanied by a fee set by the secretary of state in an amount necessary to recover the costs of administering this chapter.
(c)  A registration or corrected registration is not effective until the vision support organization pays the fee required by this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 274 (S.B. 820), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 74 - Registration of Vision Support Organizations › Section 74.005. Timing of Registration; Correction Required

Sec. 74.005.  TIMING OF REGISTRATION; CORRECTION REQUIRED.  (a) Except as provided by Subsection (b), the registration required by Section 74.002 must be filed with the secretary of state not later than January 31 of each year for which the registration is effective.
(b)  A vision support organization that initially meets the requirement for registration under Section 74.002 after January 31 shall file the registration required by that section not later than the 90th day after the date an agreement to provide business support services is executed.
(c)  A vision support organization shall file a corrected registration semiannually as necessary.
Added by Acts 2023, 88th Leg., R.S., Ch. 274 (S.B. 820), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 74 - Registration of Vision Support Organizations › Section 74.006. Failure to File Registration or Correction

Sec. 74.006.  FAILURE TO FILE REGISTRATION OR CORRECTION. (a) A person who fails to file a registration or a corrected registration as required by this chapter is liable to the state for a civil penalty in an amount not to exceed $1,000.
(b)  Each day a violation continues or occurs is a separate violation for the purpose of imposing the civil penalty.
(c)  The attorney general shall file suit to collect the civil penalty provided by this section.  The suit may be filed in Travis County or any county where the vision support organization provides business support services.
Added by Acts 2023, 88th Leg., R.S., Ch. 274 (S.B. 820), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 74 - Registration of Vision Support Organizations › Section 74.007. Interagency Memorandum

Sec. 74.007.  INTERAGENCY MEMORANDUM.  The secretary of state shall enter into an interagency memorandum to share the information collected by the secretary of state under this chapter with any relevant state agency.
Added by Acts 2023, 88th Leg., R.S., Ch. 274 (S.B. 820), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 74 - Registration of Vision Support Organizations › Section 74.008. Applicability

Sec. 74.008.  APPLICABILITY.  This chapter does not limit business support services that may be provided to an optometrist by a vision support organization, to the extent permitted under Section 351.408, Occupations Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 274 (S.B. 820), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 74 - Registration of Vision Support Organizations › Section 74.009. Limitation on Optometry Board Rulemaking

Sec. 74.009.  LIMITATION ON OPTOMETRY BOARD RULEMAKING.  The Texas Optometry Board may not adopt any rule limiting the right of an optometrist to contract with a vision support organization for business support services that are otherwise legally permissible.
Added by Acts 2023, 88th Leg., R.S., Ch. 274 (S.B. 820), Sec. 1, eff. September 1, 2023.