Section 79.48 - Notification Regarding an Entity Name That Falsely Implies Governmental Affiliation; Documentation to be Submitted in Response(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.(c) If the domestic or foreign filing entity is not affiliated with the governmental entity, the entity may respond to the secretary by demonstrating that the entity's name does not falsely imply a governmental affiliation.(d) If the secretary of state determines that the documentation or information provided by the domestic or foreign filing entity under subsections (b) or (c) of this section is insufficient to make a final determination, the secretary may, at the secretary's reasonable discretion, notify the entity of the need to provide further documentation or information. A request to provide further documentation or information under this subsection does not extend the deadline for the filing entity to provide a response not later than the 60th day after the date of the secretary's notification under subsection (a) of this section in accordance with § 5.065(b) of the Business Organizations Code.1 Tex. Admin. Code § 79.48
Adopted by Texas Register, Volume 47, Number 13, April 1, 2022, TexReg 1657, eff. 11/23/2021