![]() ![]() Section 5.065 also authorizes the attorney general to bring an action in the name of the state for injunctive relief to require compliance. Section 5.065 outlines procedures to be followed by the secretary of state after receipt of the governmental entity’s written request/notification, and permits the secretary of state, after consultation with the attorney general, to notify the entity and take further action, including requiring the entity to submit a filing instrument to amend the entity’s name after a final determination by the secretary that the entity’s name falsely implies a governmental affiliation. ![]() New section 5.065 enables a governmental entity to send written notification to the secretary of state when the governmental entity believes that an entity name filed by the secretary of state is in violation of section 5.064. New Section 5.064 further provides that the submission of a filing instrument is an affirmation by the organizer or by a managerial official named in the filing instrument that the name provided as the name of the filing entity does not falsely imply an affiliation with a governmental entity. Section 5.064 codifies a secretary of state administrative rule that prohibits an entity name that may falsely imply governmental affiliation. House Bill 1493 (PDF) (effective September 1, 2021): HB 1493 amends chapter 5 of the Business Organizations Code to add new sections 5.064 and 5.065. The following bills, which were passed during the Regular Session of the 87th Legislature, impact procedures, filings, or other duties and responsibilities of the Texas Secretary of State, Business & Commercial Filings Section. ![]() SOSDirect: Business Searches & Formations. ![]()
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