reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.44 - Matters Not Considered

Current through Reg. 49, No. 28; July 12, 2024
Only the proposed entity name, the current names of active
					 (not revoked, cancelled, merged, dissolved, withdrawn, terminated, or
					 forfeited) entities, name reservations, and name registrations for entities on
					 file are considered in determining the availability of the entity name for
					 purposes of filing with the secretary of state. Among matters not considered
					 are the following:
(1) whether the
				  purpose of a proposed entity is the same as or similar to the purpose of an
				  existing entity;
(2) whether the
				  entities will be carrying out activities in the same or nearby
				  locations;
(3) whether an analogous
				  situation has previously been acted upon by the Office;
(4) whether an "opinion" as opposed to a
				  final determination has previously been expressed by an employee of the
				  secretary of state in response to an oral or written request;
(5) whether an existing entity is actively
				  engaged in business, or has a telephone listing, or a location of a place of
				  business;
(6) whether an existing
				  entity is about to change its name, or be terminated, or merged out of
				  existence;
(7) whether a response
				  to an inquiry can be obtained from an existing entity;
(8) whether the applicant has ordered
				  stationery, opened a bank account, signed a contract, or otherwise taken other
				  actions in the expectation, hope, or belief that the proposed name would be
				  available;
(9) whether the
				  applicant is more or less important, extensive, widely known, or influential
				  than an existing entity;
(10)
				  whether a previous determination on the same name was made by an employee of
				  the secretary of state;
(11)
				  whether an existing entity has filed for or intends to file for bankruptcy;
				  or
(12) whether an applicant's
				  submission of a document relating to the entity name at issue was prior to the
				  submission of the document effecting the conflicting existing name.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.45 - Final Determination of Name Availability

Current through Reg. 49, No. 28; July 12, 2024
An employee of the Office may express an opinion on name
					 availability in response to a written, telephone, or other oral request, but
					 such an opinion is not a final determination that the name will or will not be
					 accepted for filing and stamped filed. A final determination is made only when
					 the document is submitted for filing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.46 - Examples Not Exclusive

Current through Reg. 49, No. 28; July 12, 2024
(a) The conditions
				  used in these sections are not meant to be exclusive, nor should they be used
				  to limit the determination of whether a proposed name is distinguishable from
				  the name of an existing entity.
(b)
				  The examples used in these sections are not meant to be exclusive, nor should
				  they be used to limit the determination of whether a proposed name is
				  distinguishable from the name of an existing entity.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.47 - Requests for Review of an Entity Name by a Governmental Entity

Current through Reg. 49, No. 28; July 12, 2024
(a) A governmental entity may request the
				  secretary of state to review the name of a domestic or foreign filing entity
				  that may falsely imply an affiliation with the governmental entity by
				  submitting a written request that contains:
(1) the full correct name of the domestic or
				  foreign filing entity and, if known, the file number issued to the entity by
				  the secretary of state;
(2) the
				  basis on which the entity name falsely implies an affiliation with the
				  governmental entity;
(3) evidence,
				  if any, of any actual confusion reported by consumers between the services
				  provided by the filing entity and services provided by the governmental entity;
				  and
(4) copies of any prior
				  communication sent by the governmental entity to the domestic or foreign filing
				  entity regarding the false implication of affiliation with the governmental
				  entity.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.48 - Notification Regarding an Entity Name That Falsely Implies Governmental Affiliation; Documentation to be Submitted in Response

Current through Reg. 49, No. 28; July 12, 2024
(a) If the secretary of state determines
				  under § 5.065(a) of the Business Organizations Code that a domestic or
				  foreign filing entity name falsely implies an affiliation with a governmental
				  entity, the secretary will send notification by certified mail, return receipt
				  requested, to the designated registered agent at the registered office address
				  on file with the secretary of state.
(b) On receipt of a written notification sent
				  by the secretary of state that an entity name falsely implies an affiliation
				  with a governmental entity, a domestic or foreign filing entity must respond to
				  the secretary by providing documentation verifying that the filing entity is
				  affiliated with the governmental entity identified in the notice. The domestic
				  or foreign filing entity may provide:
(1) a
				  copy of the resolution adopted by the governing body of the governmental entity
				  approving the formation of the domestic or foreign filing entity; or
(2) other documentation that evidences that
				  the filing entity was formed to pursue a public purpose on behalf of the
				  governmental entity as authorized by law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.49 - Failure to Submit Filing Instrument to Amend Entity Name; Notification to Attorney General

Current through Reg. 49, No. 28; July 12, 2024
(a) No later than 100
				  days after the date the secretary of state sends the notification required
				  under § 5.065(b) of the Business Organizations Code, the secretary shall
				  notify the attorney general of the filing entity's failure to submit the filing
				  instrument requested to amend the entity name.
(b) The written notification sent to the
				  attorney general shall include:
(1) the full
				  correct name of the domestic or foreign filing entity and the file number
				  issued to the entity by the secretary of state;
(2) a copy of the request for review sent by
				  the governmental entity to the secretary of state, including any relevant
				  documentation provided with the request;
(3) a copy of each notification sent by the
				  secretary of state to the domestic or foreign filing entity; and
(4) a copy of any response and documentation
				  submitted by the domestic or foreign filing entity to the secretary of state,
				  or, if no response was received, a statement to that effect.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter E - DELAYED EFFECTIVE DATES › Section 79.71 - Determining the Date of the 90th Day after the Date of Filing

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of filing documents which
				  will become effective upon the occurrence of events or facts that may occur in
				  the future pursuant to §
										RSA
				  4.052 and §
										RSA
				  4.054 of the Texas Business Organizations
				  Code, the date of the 90th day after the date of filing shall be deemed to be
				  90 days after the document is delivered in person or placed in the United
				  States post office or in the hands of a common or contract carrier properly
				  addressed to the Office of the Secretary of State. The postmark or receipt mark
				  (if received by a common or contract carrier) will be prima facie evidence of
				  the date that such statement was deposited with the post office or carrier. The
				  person filing the document may show by competent evidence that the actual date
				  of posting was to the contrary.
(b)
				  If a document submitted with a delayed effective condition pursuant to §
										RSA
				  4.052 and §
										RSA
				  4.054 of the Texas Business Organizations
				  Code, does not conform to law, it will be returned to sender. When the document
				  is corrected and resubmitted, the date of the 90th day after the date of filing
				  may be recalculated and restated in the document to be 90 days after the
				  document is resubmitted by delivery in person or placement in the United States
				  post office or in the hands of a common or contract carrier properly addressed
				  to the Office of the Secretary of State. The postmark or receipt mark generated
				  in connection with the resubmission (if received by a common or contract
				  carrier) will be prima facie evidence of the date that such statement was
				  deposited with the post office or carrier. The person filing the document may
				  show by competent evidence that the actual date of posting of the resubmission
				  was to the contrary. The secretary of state will refer to the contents of the
				  document to determine the date of the 90th day from the date of filing or
				  refiling.
(c) To calculate the date
				  of the 90th day from the date of filing, refer to calendar days as set forth in
				  §
										RSA
				  71.83(3) of this title
				  (relating to Definitions).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter E - DELAYED EFFECTIVE DATES › Section 79.72 - Statement Regarding Delayed Effective Condition

Current through Reg. 49, No. 28; July 12, 2024
(a) Contents. Pursuant to §
										RSA
				  4.055 of the Texas Business Organizations
				  Code, when a condition triggering the effectiveness of a document filing has
				  been satisfied or waived, a statement regarding the delayed effective condition
				  must be submitted to the secretary of state. Such statement must contain the
				  following information:
(1) the name of the
				  business entity;
(2) the charter or
				  file number of the entity;
(3) the
				  document to which the statement applies;
(4) the date of filing of the document to
				  which the statement applies;
(5)
				  the date on which the condition was satisfied or waived; and
(6) the signature required by §
											RSA
				  4.001 of the Texas Business Organizations
				  Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter E - DELAYED EFFECTIVE DATES › Section 79.73 - Documents with Delayed Effective Dates

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon the filing of a document with a delayed effective date, the computer
				  records of the secretary of state will be changed to show the filing of the
				  document, the date of the filing, the future date on which the document will be
				  effective or a code indicating that the effectiveness is based on a future
				  condition, and the name of the surviving entity or entities, if applicable. In
				  addition, at the time of such filing:
(1) the
				  status of any domestic entity on file with the secretary of state that is
				  converting, merging out of existence, or terminating, will be changed from
				  active to inactive, and the status of any foreign entity withdrawing or
				  terminating its registration will be changed from active to inactive;
(2) the status of any domestic entity to be
				  created and filed with the secretary of state by the terms of a plan of merger,
				  plan of conversion, or certificate of formation, or the status of any foreign
				  entity registered to transact business in Texas shall appear in the active
				  records of the secretary of state; and
(3) any filings making amendments to a
				  certificate of formation or application for registration will be recorded in
				  the records of the secretary of state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter F - EFFECT OF FILINGS › Section 79.81 - Conversion Filings

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon filing of a
				  conversion document where the converting entity is a domestic or foreign filing
				  entity, the computer records of the secretary of state relating to the
				  converting entity will be changed to show the filing of the conversion
				  document; the date of the filing; the future date on which the document will be
				  effective or a code indicating that the effectiveness is based on a future
				  condition, if applicable; and, for domestic converting entities, the name of
				  the converted entity. In addition, if the converted entity is a domestic filing
				  entity, the converted domestic entity shall appear in the active records of the
				  secretary of state indexed under an applicable file number and type
				  code.
(b) Upon filing of a
				  conversion document, the status will be changed as follows:
(1) if the converting entity is a domestic
				  filing entity, the status of the converting entity will be changed from active
				  to inactive;
(2) if the converting
				  entity is a foreign filing entity and the converted entity is a domestic filing
				  entity, the status of the converting entity will be changed from active to
				  inactive;
(3) if the converting
				  entity is a foreign filing entity and the converted entity is not a domestic
				  filing entity, the status of the converting entity will not be changed upon
				  filing of a conversion document. In such a case, the converting entity may
				  withdraw its registration prior to filing the conversion document or terminate
				  its registration concurrently with or after filing the conversion document. If
				  the converted entity is a foreign filing entity, the converting entity may
				  transfer the registration to the converted entity by amendment to the
				  registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter F - EFFECT OF FILINGS › Section 79.82 - Abandonment of Document

Current through Reg. 49, No. 28; July 12, 2024
If a document filing is abandoned in accordance with a
					 statutory provision for abandonment, the secretary of state:
(1) will change the status of all the
				  entities filed with the secretary of state which would have merged out of
				  existence, terminated, or withdrawn to active on the computer records of the
				  agency and record the filing of the abandonment. If the names of these entities
				  are not available, the entities must file certificates of amendment or take
				  other action to change the entity name or bring the name into compliance with
				  applicable statutory provisions as a condition of acceptance of the
				  abandonment;
(2) will change the
				  status of all entities that would have been created and filed or authorized to
				  transact business in Texas with the secretary of state by the terms of the
				  document filing to inactive on the computer records of the agency;
(3) will change the status of a converted
				  entity that would have been created and filed in Texas with the secretary of
				  state by the terms of the certificate of conversion to inactive on the computer
				  records of the agency; and
(4) will
				  change the status of a converting domestic entity filed with the secretary of
				  state to active on the computer records of the secretary of state. If the name
				  of the entity is not available, the entity must file a certificate of amendment
				  or take other action to change the entity name or bring the entity name into
				  compliance with applicable statutory provisions as a condition of acceptance of
				  the abandonment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 80 - UNINCORPORATED BUSINESS ENTITIES › Subchapter A - LIMITED LIABILITY PARTNERSHIPS › Section 80.1 - Application for Registration as a Limited Liability Partnership

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial application. To register as a
				  limited liability partnership, a partnership must comply with
				  §§152.802 - 152.804 and Chapter 4 of the Texas Business Organizations
				  Code. The secretary of state has promulgated a form for this purpose; however,
				  use of such form is not mandatory. See Form 701, available at
				  http://www.sos.state.tx.us/corp/forms_boc.shtml. Applications submitted for
				  filing with the secretary of state must be executed by a majority in interest
				  of the partners or by one or more partners authorized by a majority in interest
				  of the partners and must contain the following information:
(1) the name of the partnership;
(2) the federal tax identification number of
				  the partnership;
(3) the street
				  address of its principal office in this state and outside this state, as
				  applicable;
(4) the number of
				  partners at the date of application; and
(5) a brief statement of the business in
				  which the partnership engages.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 80 - UNINCORPORATED BUSINESS ENTITIES › Subchapter A - LIMITED LIABILITY PARTNERSHIPS › Section 80.2 - Application for Registration of a Foreign Limited Liability Partnership

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial statement. To transact business
				  in Texas, a foreign limited liability partnership must file an application for
				  registration that complies with §152.905 and Chapters 4 and 9 of the Texas
				  Business Organizations Code. The secretary of state has promulgated a form for
				  this purpose; however, use of such form is not mandatory. See Form 307,
				  available at http://www.sos.state.tx.us/corp/forms_boc.shtml. Applications
				  submitted for filing with the secretary of state must be executed by a majority
				  in interest of the partners or by one or more partners authorized by a majority
				  in interest of the partners and must contain the following information:
(1) the name of the partnership;
(2) the federal tax identification number of
				  the partnership;
(3) the state of
				  formation and the date of its initial registration as a limited liability
				  partnership in that state;
(4) the
				  date the limited liability partnership began or will begin to transact business
				  in Texas;
(5) a statement that the
				  foreign limited liability partnership validly exists as a limited liability
				  partnership under the laws of the state of its formation;
(6) the street address of a partnership
				  office in Texas and the street address of the partnership's chief executive
				  office;
(7) the street address of
				  its proposed registered office in Texas and the name of its proposed registered
				  agent in Texas at such address;
(8)
				  a statement that the partnership appoints the secretary of state as its agent
				  for service of process under the circumstances set forth in §
											RSA
				  5.251 of the Texas Business Organizations
				  Code;
(9) the number of partners in
				  Texas at the date of application; and
(10) a brief statement of the business in
				  which the partnership engages.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 80 - UNINCORPORATED BUSINESS ENTITIES › Subchapter A - LIMITED LIABILITY PARTNERSHIPS › Section 80.3 - Administrative Review

Current through Reg. 49, No. 28; July 12, 2024
The secretary of state will not determine substantial
					 compliance with the provisions of the Texas Business Organizations Code, nor
					 will the secretary of state determine whether a domestic limited liability
					 partnership meets the insurance or financial responsibility requirements of
					 § 152.804 of the Texas Business Organizations Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 80 - UNINCORPORATED BUSINESS ENTITIES › Subchapter A - LIMITED LIABILITY PARTNERSHIPS › Section 80.4 - Amendment, Change, or Correction

Current through Reg. 49, No. 28; July 12, 2024
An application for registration, renewal, amendment or
					 withdrawal may be amended or corrected by filing a certificate of amendment in
					 duplicate, executed in the manner of an initial application, and accompanied by
					 the required filing fee. In the case of a domestic limited liability
					 partnership, the filing fee for an amendment is $10, plus, if the amendment
					 increases the total number of partners, $200 for each partner added by the
					 amendment. In the case of a foreign limited liability partnership, the filing
					 fee for an amendment is $10, plus, if the amendment increases the total number
					 of partners in this state, $200 for each partner added by the amendment, but
					 not to exceed $750. The secretary of state has promulgated forms for amending
					 the registrations of domestic and foreign limited liability partnerships;
					 however, use of such forms is not mandatory. See Forms 722 and 407,
					 respectively, available at
					 http://www.sos.state.tx.us/corp/forms_boc.shtml.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 80 - UNINCORPORATED BUSINESS ENTITIES › Subchapter A - LIMITED LIABILITY PARTNERSHIPS › Section 80.7 - Foreign Limited Liability Limited Partnerships

Current through Reg. 49, No. 28; July 12, 2024
A foreign limited partnership that is subject to
					 registration under the provisions of §
										RSA
					 9.001 of the Texas Business Organizations
					 Code and that has the status of a limited liability partnership under the laws
					 of a state other than Texas also must file an application for registration
					 under §152.905 and Chapters 4 and 9 of the Texas Business Organizations
					 Code before transacting business in Texas. Late filings fees pursuant to §
										RSA
					 9.054 of the Texas Business Organizations
					 Code may be assessed against both the limited liability partnership application
					 for registration and the limited partnership application for
					 registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 80 - UNINCORPORATED BUSINESS ENTITIES › Subchapter B - UNINCORPORATED NONPROFIT ASSOCIATIONS › Section 80.21 - Statement Appointing an Agent for Service of Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial appointment. An unincorporated
				  nonprofit association may file a statement appointing an agent authorized to
				  receive service of process. The secretary of state has promulgated a form for
				  this purpose; however, use of such form is not mandatory. See Form 706,
				  available at http://www.sos.state.tx.us/corp/forms_boc.shtml. The statement
				  appointing an agent must contain the following information:
(1) the name of the nonprofit
				  association;
(2) the federal tax
				  identification number of the nonprofit association, if applicable;
(3) the address in this state, including the
				  street address, if any, of the nonprofit association, or its address outside
				  this state, as applicable;
(4) the
				  name of the person in this state authorized to receive service of process and
				  the person's address, including street address, in this state; and
(5) a statement that the person appointed as
				  agent for the nonprofit association accepts the appointment, as evidenced by
				  the person's execution of the statement to be filed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 80 - UNINCORPORATED BUSINESS ENTITIES › Subchapter B - UNINCORPORATED NONPROFIT ASSOCIATIONS › Section 80.22 - Amendment to Statement Appointing an Agent

Current through Reg. 49, No. 28; July 12, 2024
(a) Amendment. A statement appointing an
				  agent may be amended by filing an amendment to the statement appointing an
				  agent with the secretary of state. The secretary of state has promulgated a
				  form for this purpose; however, use of such form is not mandatory. See Form
				  707, available at http://www.sos.state.tx.us/corp/forms_boc.shtml. An amendment
				  to the statement appointing an agent must contain the following information:
(1) the name of the nonprofit
				  association;
(2) the tax
				  identification number of the nonprofit association, if applicable;
(3) the part of the statement appointing an
				  agent being amended;
(4) the
				  amendment; and
(5) if the amendment
				  changes the name or address of the agent authorized to receive service of
				  process, a statement that the address provided as the address of the appointed
				  agent is accurately shown and that the person appointed as the agent for the
				  nonprofit association accepts the appointment as evidenced by the person's
				  execution of the amendment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 80 - UNINCORPORATED BUSINESS ENTITIES › Subchapter B - UNINCORPORATED NONPROFIT ASSOCIATIONS › Section 80.23 - Cancellation of Statement Appointing an Agent

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice of Cancellation. A statement
				  appointing an agent may be canceled by filing with the secretary of state a
				  written notice of cancellation. The secretary of state has promulgated a form
				  for this purpose; however, use of such form is not mandatory. See Form 709,
				  available at http://www.sos.state.tx.us/corp/forms_boc.shtml. A notice of
				  cancellation must include the following information:
(1) the name of the nonprofit
				  association;
(2) the federal tax
				  identification number of the nonprofit association, if applicable;
(3) the date of filing of its statement
				  appointing an agent;
(4) the
				  statement that the nonprofit association cancels its statement appointing an
				  agent; and
(5) the current street
				  address of the nonprofit association, or its address outside this state, if
				  applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 80 - UNINCORPORATED BUSINESS ENTITIES › Subchapter B - UNINCORPORATED NONPROFIT ASSOCIATIONS › Section 80.24 - Resignation of Person Appointed as Agent

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notice of Resignation. A person appointed by a nonprofit association as its
				  agent authorized to receive service of process may resign as its appointed
				  agent by filing a written notice of resignation with the secretary of state.
				  The secretary of state has promulgated a form for this purpose; however, use of
				  such form is not mandatory. See Form 708, available at
				  http://www.sos.state.tx.us/corp/forms_boc.shtml. The notice of resignation must
				  include the following information:
(1) the
				  name of the nonprofit association which appointed the person as its authorized
				  agent for service of process;
(2)
				  the federal tax identification number of the nonprofit association, if
				  applicable;
(3) a statement that
				  written notice of the resignation was given to the nonprofit association;
				  and
(4) the last known address of
				  the nonprofit association, and the address to which the resigning agent sent
				  written notice to the nonprofit association, as applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 80 - UNINCORPORATED BUSINESS ENTITIES › Subchapter B - UNINCORPORATED NONPROFIT ASSOCIATIONS › Section 80.25 - Authorized Agent

Current through Reg. 49, No. 28; July 12, 2024
An unincorporated nonprofit association may appoint an
					 individual resident of this state, a domestic or foreign corporation, whether
					 for profit or not for profit, a business trust, estate, trust, partnership,
					 limited liability company, association, joint venture, or any other legal or
					 commercial entity which maintains an address in this state. A nonprofit
					 association may not serve as its own authorized agent. Only one person may be
					 named as the authorized agent in the statement appointing an agent for service
					 of process. The secretary of state may not be named as the nonprofit
					 association's authorized agent for service of process in a statement appointing
					 an agent for service of process or any amendment to such
					 statement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 80 - UNINCORPORATED BUSINESS ENTITIES › Subchapter B - UNINCORPORATED NONPROFIT ASSOCIATIONS › Section 80.26 - Nonprofit Association Name

Current through Reg. 49, No. 28; July 12, 2024
The name of the nonprofit association in a statement
					 appointing an agent should be the name under which the association regularly
					 conducts its activities in this state. The name of the nonprofit association in
					 the statement appointing an agent should be the name as it appears in the
					 nonprofit association's governing documents (the association's constitution,
					 bylaws or regulations) or, if applicable, the name of the association as shown
					 in its assumed name certificate filed pursuant to Business and Commerce Code,
					 Chapter 71. The nonprofit association may not use the term "corporation" or
					 "incorporated" or an abbreviation of either of those terms in its name. The
					 secretary of state does not review the name of the nonprofit association, or a
					 change of name, to determine whether the name conforms with the entity name
					 availability rules of §§
										RSA 79.30-
					 RSA 79.54
					 of this title.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.1 - Supplementation of Voter Registration Application

Current through Reg. 49, No. 28; July 12, 2024
(a) "Required information" in §13.072(e)
				  shall mean the subsequent submission of a fully completed voter registration
				  application.
(b) In order to
				  proceed with the review of the application, the voter registrar must receive
				  the required information not later than 10 days after notifying the applicant
				  that a voter registration application is incomplete.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.2 - Use of Official Voter Registration Applications for Purposes of Changing Information or Requesting a Replacement Certificate by Volunteer Deputy Registrars

Current through Reg. 49, No. 28; July 12, 2024
Volunteer deputy registrars may distribute and collect
					 official voter registration applications from registered voters in order to
					 make a change of information or request a replacement certificate. The
					 volunteer deputy must ensure that the voter indicated on the application which
					 action is to be taken, change or replacement. On receipt of a completed
					 application, the volunteer deputy registrar shall prepare a receipt in
					 duplicate on a form supplied by the registrar. The receipt must contain the
					 name of the person submitting the application and the date the completed
					 application is submitted to the volunteer deputy registrar. The volunteer
					 deputy shall sign the receipt in the presence of the person submitting the
					 application and shall give the original to the applicant. The volunteer deputy
					 shall deliver the duplicate receipt to the registrar with the application. The
					 registrar shall retain the receipt on file with the
					 application.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.3 - Effective Date of Changed Registration

Current through Reg. 49, No. 28; July 12, 2024
The date of submission of a completed voter registration
					 application form for purposes of a name or an address change to a volunteer
					 deputy registrar is considered to be the date of submission to the volunteer
					 deputy registrar for purposes of determining the effective date of the changed
					 registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.4 - Delivery of Application by Volunteer Deputy For Purposes of Changing Registration Information or Requesting Duplicate Certificate

Current through Reg. 49, No. 28; July 12, 2024
A volunteer deputy registrar shall deliver in person to the
					 registrar each completed voter registration application submitted to the deputy
					 for purposes of changing a voter's registration information or requesting a
					 replacement certificate in accordance with the deadlines for delivery of voter
					 registration applications provided for in the Texas Election Code, §
										RSA
					 13.042.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.5 - Volunteer Deputy Not To Perform Duties of Registrar

Current through Reg. 49, No. 28; July 12, 2024
A volunteer deputy registrar may not perform any official
					 duties of the voter registrar, except as expressly authorized by law or by
					 these sections.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.6

Current through Reg. 49, No. 28; July 12, 2024
(a) Deceased Matching criteria. In accordance
				  with provisions of Texas Election Code §
										RSA
				  18.068(b), information
				  received under Texas Election Code §
										RSA
				  16.001, shall be matched against the voter
				  registration rolls to identify Strong Match and Weak Match records based on the
				  following criteria:
(1) Strong Matched
				  Deceased records are identified when the Last Name, Full Social Security Number
				  (SSN) (9 digits), and Date of Birth (DOB) match between the voter record and
				  the deceased record.
(2) Weak Match
				  Deceased records are identified when one of the following combinations matches
				  between the voter record and the deceased record are identified:
(A) First Name, Last Name, and DOB;
(B) Last Name and Full SSN (9
				  digits);
(C) Full SSN (9 digits)
				  and DOB; or
(D) Last Four Digits of
				  the SSN, DOB, and One or More Name Component(s):
(i) Last Name (in deceased file) to Last
				  Name;
(ii) Last Name (in deceased
				  file) to Middle Name;
(iii) First
				  Name to First Name (excluding a Last Name included match); and/or
(iv) Middle Name or Middle Initial Match
				  (excluding any additional name match).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.7 - Directive for High School Deputy Registrars

Current through Reg. 49, No. 28; July 12, 2024
(a) The directive for high school deputy
				  registrars dated July 31, 1998 is adopted. Copies are available from the
				  Secretary of State's Elections Division, P.O. Box 12887, Austin, Texas 78711.
				  The Elections Division shall provide a copy of this directive to each high
				  school deputy registrar in the state.
(b) Summary and Purpose. In accordance with
				  the provisions of Texas Election Code Annotated, §31.003, §13.046,
				  and the National Voter Registration Act, this directive updates the March 15,
				  1995 directive and sets forth requirements for public and private high school
				  principals to act as deputy voter registrars in registering high school
				  students and employees of the high school.
(c) Definitions.
(1) High School Principal. The administrator
				  of a public or private high school.
(2) Designated Representative. Any person
				  employed at a public or private high school as an administrative staff member
				  or teacher who is designated by the principal to act in lieu of the principal
				  as a deputy voter registrar for the high school. The principal shall provide a
				  designated representative with a form or card that identifies the designated
				  representative as a high school deputy registrar.
(3) High School Student. Any individual
				  enrolled full-time or part-time at a public or private high school as a student
				  who is engaged in the study of standard curricula offered by the high
				  school.
(4) Employee. A person who
				  works for wages or a salary at a public or private high school.
(5) Final Month. The final month of each
				  semester is the last 30 day period within the semester.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.8 - Documentation Establishing Citizenship

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  "Proof of citizenship" may take the form of a certified copy of the voter's
				  passport, birth certificate, or certificate of naturalization papers.
(b) If a voter fails to provide proof of
				  citizenship within the required 30 days, the voter registrar shall promptly
				  send the voter a notice of cancellation that includes the date of and the
				  reason for cancellation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.9 - Duties of Elections Administrator

Current through Reg. 49, No. 28; July 12, 2024
Where a county has created the position of elections
					 administrator and a statute outside the Texas Election Code requires a duty or
					 function to be performed by the county clerk, the county clerk shall perform
					 such function or duty, unless the function or duty is related to elections
					 governed wholly or in part by the provisions of the Election Code, in which
					 case the county elections administrator shall perform such duty or function. On
					 request, the secretary of state shall determine, if it is unclear from the
					 provisions of the election code and these sections, whether a duty or function
					 required by a particular statute outside the Texas Election Code to be
					 performed by the county clerk shall be performed by the elections
					 administrator.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.10 - Printing of Name on Voter Registration Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) The phrase "(t)he voter's name in the
				  form indicated by the voter" in Texas Election Code §
										RSA
				  15.001 shall not be read to include a former
				  name provided by the voter on the voter registration application.
(b) The voter's name as it appears on the
				  voter registration certificate shall reflect the information provided by the
				  voter on the most recent application supplied by that voter to the voter
				  registrar. The name on the voter registration certificate shall be restricted
				  to first name, middle name (if any is supplied by the voter on the most recent
				  application), and last name (including suffix, if any).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.11 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used herein, shall have
					 the following meanings, unless the context clearly indicates otherwise.
(1) Agency--The Office of the Secretary of
				  State.
(2) Chapter 19--Texas
				  Election Code Annotated, Chapter 19 (Vernon 2003 and Supplement
				  2004-2005).
(3) Chapter 19
				  funds--Funding available to a county voter registrar pursuant to Texas Election
				  Code Annotated, §19.002 (Vernon 2003 and Supplement 2004-2005).
(4) NVRA (National Voter Registration Act)--
				  RSA
				  1973 et seq., Texas Election Code Annotated,
				  §19.004, §31.007 (Vernon 2003).
(5) Rule--A rule adopted under Chapter 81 of
				  the Texas Administrative Code, Title 1.
(6) Section--A section of Texas Election Code
				  Annotated (Vernon 2003 and Supplemental 2004-2005).
(7) State Fiscal Year--September 1 through
				  August 31.
(8) Textravel--Guide
				  issued by the Comptroller of Public Accounts providing information on state
				  travel laws and rules to state agencies.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.12 - Applicable Sections of the Texas Election Code

Current through Reg. 49, No. 28; July 12, 2024
(a) Chapter 19 provides, in pertinent part,
				  as follows:
(1) The Commissioners Court may
				  not consider the availability of state funds under this chapter in adopting the
				  county budget for the office of voter registrar (§19.006);
(2) State funds disbursed under this chapter
				  may be used only to defray expenses of the voter registrar's office in
				  connection with voter registration (§19.004).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.13 - Allowable Uses of Chapter 19 Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Chapter 19 funds
				  expenditures must comply with the criteria of "reasonable and necessary" as
				  established by Texas Grant Management Standards (TxGMS) and may only be used
				  for the following activities:
(1) Increase the
				  number of registered voters in the state.
(2) Maintain and report an accurate list of
				  the number of registered voters.
(3) Increase the efficiency of the voter
				  registration office through the use of technological equipment.
(4) If the registrar's county has a
				  population of less than 55,000, defray the cost to the registrar's county of
				  keeping the polling places in the county open during the early voting period as
				  required under Texas Election Code §§
											85.005(c),
				  85.006(e),
				  and
				  85.064(d).
				  In elections where the county clerk is the early voting clerk and the
				  commissioners court has not created a county elections administrator under
				  Texas Election Code §
											31.031, the costs must
				  be in consultation and agreement with the county clerk or the county officer to
				  whom election duties and functions have been transferred as defined in Texas
				  Election Code §
											31.091(1).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.14 - Normal Day-to-Day Operation - Defined

Current through Reg. 49, No. 28; July 12, 2024
(a) Consistent with the intent of §
										RSA
				  81.12 of this title (relating to Applicable
				  Sections of the Texas Election Code) Chapter 19 funds may not be used to fund
				  the normal day-to-day operation of the voter registrar's office, which include
				  statutory duties required by the Election Code and general office operating
				  costs.
(b) The normal day-to-day
				  operation of the voter registrar's office must be funded by the Commissioners
				  Court when adopting the budget for voter registration in their county.
(1) Duties required to be performed by
				  counties under the Texas Election Code include but are not limited to the
				  following:
(A) The physical acceptance and
				  processing of voter registration certificates and renewals under Chapter
				  13.
(B) Notices and corrections
				  made under Chapter 15 and Chapter 16.
(C) The processing and cost of supplying
				  voter lists under §18.001.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.15 - Funding Period

Current through Reg. 49, No. 28; July 12, 2024
(a) After June 1 of
				  each year funding becomes available to the counties as defined in §
										19.002 of the Election
				  Code and remains available for 27 months, expiring on August 31. However, the
				  Comptroller imposes a deadline prior to August 31 for any documents or
				  transactions for expiring appropriations. Accordingly, counties will be
				  notified of the deadline when the "Comptroller's Master Schedule of Fiscal
				  Year-End Close Events" is published. Funding requests must be submitted prior
				  to the applicable date as determined by the Secretary of State.
(b) Chapter 19 funding requests must be
				  received within twelve (12) months of payment to vendor or prior to the
				  deadline described in subsection (a) of this section, whichever comes
				  first.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter A - VOTER REGISTRATION › Section 81.16 - Electronic Submission of Chapter 19 Purchase Request Required for Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency shall prescribe an electronic
				  web-based application format for the submission of Chapter 19 Purchase Request
				  for use by each county voter registrar.
(b) If a Chapter 19 Purchase Request is
				  received by the Agency seeking funding which is not allowable under the Texas
				  Election Code, Chapter 19, these rules, and Agency directives, the Agency shall
				  so notify the voter registrar of receipt of such form via email, written
				  notification or election response from the web-based system.
(c) All electronic requests must be submitted
				  through the designated secured electronic web-based application designed solely
				  for Chapter 19 purchases, located on the Office of the Secretary of State web
				  site.
(d) All supporting
				  documentation must be maintained in accordance with §
										RSA
				  81.21 of this title (relating to the Records
				  Maintenance and Payment Reviews).