reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.301. Amendment by Board of Directors

Sec. 501.301.  AMENDMENT BY BOARD OF DIRECTORS.  (a)  The board of directors of a corporation at any time may file with the governing body of the corporation's authorizing unit a written application requesting that the authorizing unit approve an amendment to the certificate of formation.
(b)  The application must specify the proposed amendment.  The board of directors shall amend the certificate of formation in accordance with this subchapter if the governing body of the authorizing unit by resolution:
(1)  determines that it is advisable to adopt the amendment;
(2)  authorizes the adoption of the amendment; and
(3)  approves the form of the amendment.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.302. Amendment by Unit

Sec. 501.302.  AMENDMENT BY UNIT.  The governing body of the authorizing unit of a corporation, at the unit's sole discretion, may in accordance with this subchapter amend the corporation's certificate of formation at any time by:
(1)  adopting the amendment by resolution; and
(2)  delivering the certificate of amendment to the secretary of state.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.303. Amendment to County Alliance Corporation's Certificate of Formation

Sec. 501.303.  AMENDMENT TO COUNTY ALLIANCE CORPORATION'S CERTIFICATE OF FORMATION.  An amendment to the certificate of formation of a county alliance corporation may not be adopted unless approved by the governing body of each member of the county alliance that authorized the creation of the corporation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.304. Contents of Certificate of Amendment

Sec. 501.304.  CONTENTS OF CERTIFICATE OF AMENDMENT.  The certificate of amendment must:
(1)  state the name of the corporation;
(2)  if the amendment alters a provision of the certificate of formation, identify by reference or describe the altered provision and include the provision's text as amended;
(3)  if the amendment is an addition to the certificate of formation, state that fact and include the text of each provision added; and
(4)  state that the amendment was adopted or approved by the governing body of the authorizing unit and give the date the governing body adopted or approved the amendment.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.305. Execution and Verification of Certificate of Amendment

Sec. 501.305.  EXECUTION AND VERIFICATION OF CERTIFICATE OF AMENDMENT.  (a)  A certificate of amendment shall be executed:
(1)  on behalf of the corporation by the president or a vice president of the corporation and by the secretary or an assistant secretary of the corporation; or
(2)  by the presiding officer of the governing body of the corporation's authorizing unit and by the secretary or clerk of the governing body.
(b)  One of the officers who signs the certificate of amendment shall verify the certificate of amendment.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.306. Delivery and Filing of Certificate of Amendment

Sec. 501.306.  DELIVERY AND FILING OF CERTIFICATE OF AMENDMENT.  (a)  Three originals of the certificate of amendment shall be delivered to the secretary of state.
(b)  If the secretary of state determines that the certificate of amendment conforms to this subchapter and on receipt of a $25 fee, the secretary of state shall:
(1)  endorse the word "Filed" and the date of the filing on each original of the certificate of amendment;
(2)  file one of the original certificates of amendment in the secretary of state's office;
(3)  issue two certificates evidencing the filing of the certificate of amendment;
(4)  attach to each certificate evidencing the filing of the certificate of amendment; and
(5)  deliver a certificate evidencing the filing of the certificate of amendment and the attached certificate of amendment to:
(A)  the corporation or the corporation's representative; and
(B)  the governing body of the corporation's authorizing unit.
(c)  On the issuance of the certificate evidencing the filing of the certificate of amendment, the amendment becomes effective and the certificate of formation is amended accordingly.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.307. Suits or Rights Not Affected

Sec. 501.307.  SUITS OR RIGHTS NOT AFFECTED.  (a)  An amendment to a corporation's certificate of formation does not affect:
(1)  any existing cause of action in favor of or against the corporation;
(2)  any pending suit to which the corporation is a party; or
(3)  the existing rights of any person.
(b)  If a corporation's name is changed by amendment to the certificate of formation, a suit brought by or against the corporation under its former name does not abate for that reason.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.308. Restated Certificate of Formation

Sec. 501.308.  RESTATED CERTIFICATE OF FORMATION.  A corporation may authorize, execute, and file a restated certificate of formation by following the procedure to amend the certificate of formation provided by this subchapter, including obtaining the approval of the governing body of the corporation's authorizing unit.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
Sec. 501.309.  RESTATEMENT WITHOUT ADDITIONAL AMENDMENT.  (a)  A corporation may, without making any additional amendment, restate the entire text of the certificate of formation as amended or supplemented by all certificates evidencing the filing of a certificate of amendment previously issued by the secretary of state.
(b)  The introductory paragraph of a restatement under this section must contain a statement that the restatement:
(1)  accurately copies the certificate of formation and all amendments to the certificate of formation that are in effect; and
(2)  does not contain any change to the certificate of formation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.310. Restatement With Additional Amendment

Sec. 501.310.  RESTATEMENT WITH ADDITIONAL AMENDMENT.  (a)  A corporation may:
(1)  restate the entire text of the certificate of formation as amended or supplemented by all certificates evidencing the filing of a certificate of amendment previously issued by the secretary of state; and
(2)  as part of the restatement, make additional amendments to the certificate of formation.
(b)  A restatement under this section must:
(1)  state that each additional amendment to the certificate of formation conforms to this subtitle;
(2)  contain any statement required by this subtitle for the certificate of amendment, except that the full text of an additional amendment is not required to be set out other than in the restatement itself;
(3)  contain a statement that:
(A)  the restatement is an accurate copy of the certificate of formation and all amendments to the certificate of formation that are in effect and all additional amendments made to the certificate of formation; and
(B)  the restatement does not contain any other change to the certificate of formation; and
(4)  restate the text of the entire certificate of formation as amended or supplemented by all certificates evidencing the filing of a certificate of amendment previously issued by the secretary of state and as additionally amended by the restated certificate of formation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.311. Change in Certain Information Not Amendment

Sec. 501.311.  CHANGE IN CERTAIN INFORMATION NOT AMENDMENT.  For purposes of restating the certificate of formation under Sections 501.309 and 501.310, substituting the current number, names, and addresses of the directors for similar information of the initial board of directors or omitting the name and address of each organizer is not an amendment to or change in the certificate of formation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.312. Execution and Verification of Restated Certificate of Formation

Sec. 501.312.  EXECUTION AND VERIFICATION OF RESTATED CERTIFICATE OF FORMATION.  (a)  Originals of the restated certificate of formation shall be executed on behalf of the corporation by the president or a vice president of the corporation and by the secretary or an assistant secretary of the corporation.
(b)  One of the officers who signs the restated certificate of formation shall verify the restated certificate.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.313. Delivery and Filing of Restated Certificate of Formation

Sec. 501.313.  DELIVERY AND FILING OF RESTATED CERTIFICATE OF FORMATION.  (a)  Three originals of the restated certificate of formation shall be delivered to the secretary of state.
(b)  If the secretary of state determines that the restated certificate of formation conforms to law and on receipt of a $25 fee, the secretary of state shall:
(1)  endorse the word "Filed" and the date of the filing on each original of the restated certificate of formation;
(2)  file one of the original restated certificates of formation in the secretary of state's office;
(3)  issue two certificates evidencing the filing of the restated certificate of formation;
(4)  attach to each certificate evidencing the filing of the restated certificate of formation an original of the restated certificate of formation; and
(5)  deliver a certificate evidencing the filing of the restated certificate of formation and the attached restated certificate of formation to:
(A)  the corporation or the corporation's representative; and
(B)  the governing body of:
(i)  the corporation's authorizing unit; or
(ii)  any county in the county alliance that authorized the creation of the corporation, for a county alliance corporation.
(c)  The governing body of a county to which a certificate evidencing the filing of the restated certificate of formation and the attached restated certificate of formation are delivered under Subsection (b)(5)(B)(ii) shall provide photocopies of the certificate evidencing the filing of the restated certificate of formation and the attached restated certificate of formation to each other member of the county alliance.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter G. Amendment or Restatement Of › Section 501.314. Effect of Issuance of Certificate Evidencing Filing of Restated Certificate of Formation

Sec. 501.314.  EFFECT OF ISSUANCE OF CERTIFICATE EVIDENCING FILING OF RESTATED CERTIFICATE OF FORMATION.  On the issuance of the certificate evidencing the filing of the restated certificate of formation by the secretary of state:
(1)  the original certificate of formation and all amendments to the original certificate of formation are superseded; and
(2)  the restated certificate of formation becomes the certificate of formation of the corporation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter H. Registered Office and Agent; Service of Process › Section 501.351. Registered Office and Agent

Sec. 501.351.  REGISTERED OFFICE AND AGENT.  (a)  A corporation shall continuously maintain in this state a registered office and registered agent.
(b)  A corporation's registered office may, but is not required to be, the same as the corporation's principal office.
(c)  A corporation's registered agent may be:
(1)  an individual who is a resident of this state and whose business office is the same as the corporation's registered office; or
(2)  a domestic or foreign for-profit or nonprofit corporation that:
(A)  is authorized to transact business or to conduct affairs in this state; and
(B)  has a principal or business office that is the same as the corporation's registered office.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter H. Registered Office and Agent; Service of Process › Section 501.352. Change of Registered Office or Agent

Sec. 501.352.  CHANGE OF REGISTERED OFFICE OR AGENT.  (a)  A corporation may change its registered office or registered agent by filing in the office of the secretary of state a statement declaring:
(1)  the name of the corporation;
(2)  the postal mailing address of the corporation's registered office at the time of filing;
(3)  the postal address to which the registered office is to be changed, if the postal mailing address of the corporation's registered office is to be changed;
(4)  the name of the corporation's registered agent at the time of filing;
(5)  the name of the corporation's successor registered agent, if the corporation's registered agent is to be changed;
(6)  that the postal mailing address of the corporation's registered office and the postal mailing address of the business office of the corporation's registered agent as changed will be the same; and
(7)  that the change was authorized by:
(A)  the corporation's board of directors; or
(B)  an officer of the corporation authorized by the corporation's board of directors to make the change.
(b)  Two originals of the statement shall be:
(1)  executed on behalf of the corporation by the president or a vice president of the corporation;
(2)  verified by the executing officer; and
(3)  delivered to the secretary of state.
(c)  If the secretary of state determines that the statement conforms to this section and on receipt of a $25 fee, the secretary of state shall:
(1)  endorse the word "Filed" and the date of the filing on each original of the statement;
(2)  file one of the original statements in the secretary of state's office; and
(3)  return the other original statement to the corporation or the corporation's representative.
(d)  A change made by the statement becomes effective on the filing of the statement by the secretary of state.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter H. Registered Office and Agent; Service of Process › Section 501.353. Resignation of Registered Agent

Sec. 501.353.  RESIGNATION OF REGISTERED AGENT.  (a)  A corporation's registered agent may resign by:
(1)  giving written notice to the corporation at the corporation's last known address; and
(2)  giving three originals of the written notice to the secretary of state not later than the 10th day after the date the notice is mailed or delivered to the corporation.
(b)  The notice of resignation must include:
(1)  the corporation's last known address;
(2)  a statement that written notice of the resignation was given to the corporation; and
(3)  the date on which the written notice of resignation was given to the corporation.
(c)  If the secretary of state determines that the notice of resignation conforms to this section, the secretary of state shall:
(1)  endorse the word "Filed" and the date of the filing on each original of the notice of resignation;
(2)  file one of the original notices of resignation in the secretary of state's office;
(3)  return one original notice of resignation to the resigning registered agent;  and
(4)  return one original notice of resignation to the corporation at the corporation's last known address shown in the notice.
(d)  The appointment of a registered agent terminates on the 31st day after the date the secretary of state receives the notice of resignation that complies with this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter H. Registered Office and Agent; Service of Process › Section 501.354. Agents for Service

Sec. 501.354.  AGENTS FOR SERVICE.  (a)  The president, each vice president, and the registered agent of a corporation are the corporation's agents on whom a process, notice, or demand required or permitted by law to be served on the corporation may be served.
(b)  If a corporation does not appoint or maintain a registered agent in this state or if the corporation's registered agent cannot with reasonable diligence be found at the registered office, the secretary of state is an agent of the corporation on whom a process, notice, or demand described by Subsection (a) may be served.
(c)  Service of a process, notice, or demand on the secretary of state is made by delivering two copies of the process, notice, or demand to the secretary of state, the deputy secretary of state, or a clerk in charge of the corporation department of the secretary of state's office.  The secretary of state shall immediately forward by registered mail one copy of the process, notice, or demand to the corporation at the corporation's registered office.
(d)  Service made on the secretary of state under this section is returnable not earlier than the 30th day after the date of service.
(e)  The secretary of state shall keep a record of each process, notice, and demand served on the secretary of state under this subtitle and shall include in the record the time of the service and the secretary of state's action in response to the service.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter I. Alteration or Termination of Corporation › Section 501.401. Alteration or Termination by Authorizing Unit

Sec. 501.401.  ALTERATION OR TERMINATION BY AUTHORIZING UNIT.  (a)  At any time a corporation's authorizing unit, in its sole discretion, may in accordance with this subtitle:
(1)  alter the corporation's structure, organization, programs, or activities; or
(2)  terminate the existence of the corporation.
(b)  The authority of an authorizing unit under this section is limited only by the law of this state on the impairment of contracts entered into by the corporation.
(c)  An authorizing unit may make an alteration or may terminate the corporation's existence only by a written resolution of the authorizing unit's governing body.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter I. Alteration or Termination of Corporation › Section 501.402. Termination of Corporation on Completion of Purpose

Sec. 501.402.  TERMINATION OF CORPORATION ON COMPLETION OF PURPOSE.  The board of directors of a corporation, with the approval by written resolution of the corporation's authorizing unit, shall terminate the corporation's existence as provided by this subtitle if the board by resolution determines that:
(1)  the purposes for which the corporation was formed have been substantially fulfilled; and
(2)  all bonds issued by the corporation have been fully paid.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter I. Alteration or Termination of Corporation › Section 501.403. Execution of Certificate of Termination

Sec. 501.403.  EXECUTION OF CERTIFICATE OF TERMINATION.  A certificate of termination shall be executed:
(1)  on behalf of the corporation by the president or a vice president of the corporation and by the secretary or an assistant secretary of the corporation; or
(2)  by the presiding officer of the governing body of the corporation's authorizing unit and the secretary or clerk of the governing body.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter I. Alteration or Termination of Corporation › Section 501.404. Delivery and Filing of Certificate of Termination

Sec. 501.404.  DELIVERY AND FILING OF CERTIFICATE OF TERMINATION.  (a)  Three originals of the certificate of termination shall be delivered to the secretary of state.
(b)  If the secretary of state determines that the certificate of termination conforms to this subtitle and on receipt of a $25 fee, the secretary of state shall:
(1)  endorse the word "Filed" and the date of the filing on each original of the certificate of termination;
(2)  file one of the original certificates of termination in the secretary of state's office;
(3)  issue two certificates evidencing the filing of the certificate of termination;
(4)  attach to each certificate evidencing the filing of the certificate of termination an original of the certificate of termination; and
(5)  deliver a certificate evidencing the filing of the certificate of termination and the attached certificate of termination to:
(A)  the representative of the terminated corporation; and
(B)  the governing body of the terminated corporation's authorizing unit.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter I. Alteration or Termination of Corporation › Section 501.405. Effect of Issuance of Certificate Evidencing Filing of Certificate of Termination

Sec. 501.405.  EFFECT OF ISSUANCE OF CERTIFICATE EVIDENCING FILING OF CERTIFICATE OF TERMINATION.  The corporate existence ends on the issuance of the certificate evidencing the filing of the certificate of termination except for the purpose of:
(1)  any suit or other proceeding; and
(2)  appropriate corporate action by a director or officer under this subtitle.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter I. Alteration or Termination of Corporation › Section 501.406. Assets on Termination

Sec. 501.406.  ASSETS ON TERMINATION.  On termination the title to all funds and property owned by the corporation is transferred to the corporation's authorizing unit.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter I. Alteration or Termination of Corporation › Section 501.407. Termination With Transfer of Assets to Type a Corporation

Sec. 501.407.  TERMINATION WITH TRANSFER OF ASSETS TO TYPE A CORPORATION.  On approval of the governing bodies of each unit and corporation involved, a corporation that is not a Type A corporation may transfer all of the corporation's assets to a Type A corporation and terminate its existence as provided by this subtitle.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter J. Hurricane Ike Disaster Relief › Section 501.451. Applicability

Sec. 501.451.  APPLICABILITY.  This subchapter applies only to a corporation the creation of which was authorized by a unit wholly or partly located in the Hurricane Ike disaster area, as defined by Section 704, Heartland Disaster Tax Relief Act of 2008 (Pub. L. No. 110-343).
Added by Acts 2009, 81st Leg., R.S., Ch. 991 (H.B. 3854), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter J. Hurricane Ike Disaster Relief › Section 501.452. Projects Related to Hurricane Ike Disaster Area

Sec. 501.452.  PROJECTS RELATED TO HURRICANE IKE DISASTER AREA.  For a corporation to which this subchapter applies, in this subtitle, "project":
(1)  includes an undertaking the costs of which are eligible to be paid from the proceeds of qualified Hurricane Ike disaster area bonds under Section 704, Heartland Disaster Tax Relief Act of 2008 (Pub. L. No. 110-343); and
(2)  does not include:
(A)  a qualified residential rental project, as defined by Section 142(d), Internal Revenue Code of 1986; or
(B)  a project the costs of which are payable from qualified mortgage bonds, as defined by Section 143, Internal Revenue Code of 1986.
Added by Acts 2009, 81st Leg., R.S., Ch. 991 (H.B. 3854), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 501 - Provisions Governing Development Corporations › Subchapter J. Hurricane Ike Disaster Relief › Section 501.453. Projects Not Administered by Economic Development Office

Sec. 501.453.  PROJECTS NOT ADMINISTERED BY ECONOMIC DEVELOPMENT OFFICE.  A project authorized under this subchapter and bonds issued to pay all or part of the cost of a project under this subchapter are not subject to the requirements of Subchapter F.
Added by Acts 2009, 81st Leg., R.S., Ch. 991 (H.B. 3854), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 502 - Provisions Applicable to Type a and Type B Corporations › Subchapter A. General Provisions › Section 502.001. Applicability of Chapter

Sec. 502.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to Type A and Type B corporations.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 502 - Provisions Applicable to Type a and Type B Corporations › Subchapter B. Corporate Powers and Limitations › Section 502.051. Written Contract Required for Business Recruitment or Development

Sec. 502.051.  WRITTEN CONTRACT REQUIRED FOR BUSINESS RECRUITMENT OR DEVELOPMENT.  (a)  Except under a written contract approved by the corporation's board of directors, a corporation may not pay compensation, including a commission or fee, or another thing of value to a broker, agent, or other third party who:
(1)  is involved in business recruitment or development; and
(2)  is not an employee of the corporation.
(b)  A corporation that violates Subsection (a) is liable to this state for a civil penalty in an amount not to exceed $10,000.
(c)  The attorney general may bring an action to recover the civil penalty in a district court in Travis County or the county in which the violation occurred.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 502 - Provisions Applicable to Type a and Type B Corporations › Subchapter B. Corporate Powers and Limitations › Section 502.052. Use of Tax Revenue for Mass Transit-Related Facilities

Sec. 502.052.  USE OF TAX REVENUE FOR MASS TRANSIT-RELATED FACILITIES.  A corporation may, as authorized by the corporation's board of directors, spend tax revenue received under this subtitle for the development, improvement, expansion, or maintenance of facilities relating to the operation of commuter rail, light rail, or motor buses.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 15.013(b), eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 502 - Provisions Applicable to Type a and Type B Corporations › Subchapter C. Training Requirements › Section 502.101. Training Regarding Operation of Corporation

Sec. 502.101.  TRAINING REGARDING OPERATION OF CORPORATION.  (a)  At least once in each 24-month period, the following persons associated with a corporation shall attend a training seminar regarding the operation of a corporation created under this subtitle:
(1)  the municipal attorney, administrator, or clerk of the municipality that authorized the creation of the corporation; and
(2)  the corporation's executive director or other person responsible for the corporation's daily administration.
(b)  The training seminar must provide at least six hours of instruction on topics relating to the legal and proper operation of a corporation created under this subtitle.
(c)  The training seminar must be held at least four times each calendar year in a different geographical region of this state.
(d)  A corporation may spend corporate revenue to pay for required attendance at the training seminar.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 502 - Provisions Applicable to Type a and Type B Corporations › Subchapter C. Training Requirements › Section 502.102. Provision of Training Seminar

Sec. 502.102.  PROVISION OF TRAINING SEMINAR.  (a)  A training seminar under Section 502.101 must be provided by a statewide organization representing corporations created under this subtitle, except that if the economic development office determines that no statewide organization is able to provide a seminar as required by Section 502.101, the office, in conjunction with the attorney general and the comptroller, shall by rule develop the seminar.  The office may enter into an agreement for provision of a seminar developed under those rules with a person the office determines is qualified to provide the seminar.
(b)  A person providing a training seminar may:
(1)  charge a reasonable fee for attending the seminar; and
(2)  compensate an individual who provides instruction at the seminar.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 502 - Provisions Applicable to Type a and Type B Corporations › Subchapter C. Training Requirements › Section 502.103. Proof of Compliance

Sec. 502.103.  PROOF OF COMPLIANCE.  (a)  A person providing a training seminar under Section 502.101 shall issue a certificate of completion, on a form approved by the comptroller, to each person who completes the seminar.
(b)  A corporation shall present proof of compliance with Section 502.101 to the comptroller by presenting the certificate of completion issued under Subsection (a) for each person required to attend a training seminar.  The comptroller may impose an administrative penalty, in an amount not to exceed $1,000 for each violation, against a corporation that fails to present proof in accordance with this subsection.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 502 - Provisions Applicable to Type a and Type B Corporations › Subchapter D. Reporting Requirements › Section 502.151. Report to Comptroller

Sec. 502.151.  REPORT TO COMPTROLLER.  (a)  Not later than April 1 of each year, the board of directors of a corporation shall submit a report to the comptroller that includes:
(1)  a statement of:
(A)  the corporation's primary economic development objectives;
(B)  the corporation's total revenue during the preceding fiscal year;
(C)  the corporation's total expenditures during the preceding fiscal year; and
(D)  the corporation's total expenditures during the preceding fiscal year in each of the following categories:
(i)  administration;
(ii)  personnel;
(iii)  marketing or promotion;
(iv)  direct business incentives;
(v)  job training;
(vi)  debt service;
(vii)  capital costs;
(viii)  affordable housing; and
(ix)  payments to taxing units, including school districts;
(2)  a list of the corporation's capital assets, including land and buildings; and
(3)  any other information the comptroller requires to determine the use of the sales and use tax imposed under Chapter 504 or 505 to encourage economic development in this state.
(b)  The report:
(1)  must be in the form required by the comptroller; and
(2)  may not exceed one page.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 3 (S.B. 450), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 502 - Provisions Applicable to Type a and Type B Corporations › Subchapter D. Reporting Requirements › Section 502.152. Notice of Failure to Report

Sec. 502.152.  NOTICE OF FAILURE TO REPORT.  (a)  If a corporation does not submit a report as required by Section 502.151 or does not include sufficient information in the report, the comptroller shall provide to the corporation written notice of the failure, including information on how to correct the failure.
(b)  The comptroller may impose an administrative penalty of $200 against a corporation that does not correct the failure before the 31st day after the date the corporation receives notice under Subsection (a).  The comptroller by rule shall prescribe the procedures for imposition of the administrative penalty.  The rules must protect the corporation's due process rights.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 502 - Provisions Applicable to Type a and Type B Corporations › Subchapter D. Reporting Requirements › Section 502.153. Report to Legislature

Sec. 502.153.  REPORT TO LEGISLATURE.  Not later than November 1 of each even-numbered year, the comptroller shall submit to the legislature a report on the use of the sales and use tax imposed under Chapters 504 and 505 to encourage economic development in this state.  On request, the comptroller shall provide without charge a copy of the report to a corporation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 504 - Type a Corporations › Subchapter A. General Provisions › Section 504.001. Definition

Sec. 504.001.  DEFINITION.  In this chapter, "authorizing municipality" means the municipality that authorizes the creation of a Type A corporation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 504 - Type a Corporations › Subchapter A. General Provisions › Section 504.002. Applicability of Chapter

Sec. 504.002.  APPLICABILITY OF CHAPTER.  This chapter applies only to a municipality that:
(1)  is located in a county that has a population of 500,000 or less; or
(2)  has a population of less than 50,000 and:
(A)  is located in two or more counties, one of which has a population of 500,000 or more;
(B)  is located within the territorial limits of, but has not elected to become a part of, a metropolitan rapid transit authority:
(i)  the principal municipality of which has a population of less than 1.9 million; and
(ii)  that was created before January 1, 1980, under Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973, and is operating under Chapter 451, Transportation Code; or
(C)  is located within the territorial limits of, but has not elected to become a part of, a regional transportation authority:
(i)  the principal municipality of which has a population of more than 1.3 million; and
(ii)  that was created under Chapter 683, Acts of the 66th Legislature, Regular Session, 1979, or Chapter 452, Transportation Code, and is operating under Chapter 452, Transportation Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 195, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 504 - Type a Corporations › Subchapter A. General Provisions › Section 504.003. Authority to Create Corporation

Sec. 504.003.  AUTHORITY TO CREATE CORPORATION.  (a)  A municipality may authorize the creation under this subtitle of a Type A corporation.
(b)  A municipality may not authorize the creation of more than one Type A corporation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 504 - Type a Corporations › Subchapter A. General Provisions › Section 504.004. Contents of Certificate of Formation

Sec. 504.004.  CONTENTS OF CERTIFICATE OF FORMATION.  The certificate of formation of a Type A corporation must state that the corporation is governed by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 504 - Type a Corporations › Subchapter A. General Provisions › Section 504.005. Corporation Not Subject to Certain Provisions

Sec. 504.005.  CORPORATION NOT SUBJECT TO CERTAIN PROVISIONS.  Sections 501.203, 501.205, 501.251-501.254, 501.255(a) and (b), 501.256, and 501.257 do not apply to a corporation under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 504 - Type a Corporations › Subchapter B. Governance of Corporation › Section 504.051. Board of Directors

Sec. 504.051.  BOARD OF DIRECTORS.  (a)  The board of directors of a Type A corporation consists of at least five directors.
(b)  A director is appointed by the governing body of the authorizing municipality, serves at the pleasure of that governing body, and may be removed by that governing body at any time without cause.
(c)  The governing body of the authorizing municipality shall determine the number of directors and the length of each director's term, except that the length of a director's term may not exceed six years.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 504 - Type a Corporations › Subchapter B. Governance of Corporation › Section 504.052. Officers

Sec. 504.052.  OFFICERS.  The board of directors of a Type A corporation shall appoint:
(1)  a president;
(2)  a secretary; and
(3)  other officers of the corporation that the governing body of the authorizing municipality considers necessary.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 504 - Type a Corporations › Subchapter B. Governance of Corporation › Section 504.053. Quorum

Sec. 504.053.  QUORUM.  A majority of the entire membership of the board of directors of a Type A corporation is a quorum.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C1 - Additional Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 504 - Type a Corporations › Subchapter B. Governance of Corporation › Section 504.054. Location of Board Meetings

Sec. 504.054.  LOCATION OF BOARD MEETINGS.  (a) Except as provided by Subsection (b), the board of directors of a Type A corporation shall conduct each board meeting within the boundaries of the authorizing municipality.
(b)  If the authorizing municipality is located in a county  with a population of less than 30,000, the board of directors of a Type A corporation may conduct a board meeting within the boundaries of the county.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 473 (H.B. 479), Sec. 1, eff. June 17, 2011.