Texas Register, Volume 38, Number 21, Pages 3215-3396, May 24, 2013 Page: 3,227
3215-3396 p. ; 28 cm.View a full description of this periodical.
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PROPOSED
SProposed rules include new rules, amendments to existing rules, and repeals of existing rules.
L E S A state agency shall give at least 30 days' notice of its intention to adopt a rule before it
adopts the rule. A state agency shall give all interested persons a reasonable opportunity to
submit data, views, or arguments, orally or in writing (Government Code, Chapter 2001).
Symbols in proposed rule text. Proposed new language is indicated by underlined text. [Squave brakets-and s;iketha-a h]
indicate existing rule text that is proposed for deletion. "(No change)" indicates that existing rule text at this level will not be
amended.TITLE 1. ADMINISTRATION
PART 4. OFFICE OF THE SECRETARY
OF STATE
CHAPTER 79. BUSINESS ENTITY FILINGS
SUBCHAPTER B. DOCUMENT REVIEW
1 TAC 79.28
The Office of the Secretary of State ("Office") proposes to
amend 79.28, concerning Registered Agent and Office. The
proposed amendment of 79.28 will remove an inconsistency
with the Texas Business Organizations Code (the "Code") with
respect to use of a post office box as the sole registered office
address. With the adoption of the Code, the registered office
requirements were set forth in 5.201(c). Section 5.201(c)(3)
specifies that the registered office address cannot be solely a
mailbox service. As a result, the Office seeks to amend 79.28
to remove the provision allowing for a post office address for
cities with a population of less than 5,000. The Office ac-
knowledges that there are still sometimes situations in which
a rural area may not have a physical street address that can
receive mail. However, we have provided for those situations
by accepting both a mailing address, including a P.O. Box, and
an address where service can be made in person.
FISCAL NOTE
Briana Godbey, Attorney in the Business and Public Filings Divi-
sion of the Office of the Secretary of State, has determined that
for each year of the first five years that the amended section is
in effect there will be no fiscal implications to state or local gov-
ernments as a result of enforcing or administering the section as
proposed.
PUBLIC BENEFIT AND SMALL BUSINESS COST NOTE
Ms. Godbey has determined that for each year of the first five
years the amended section is in effect the public benefit antici-
pated as a result of enforcing or administering the section will be
to view the rules as corrected. There will be no effect on small
or micro businesses. There is no anticipated economic cost to
persons who are required to comply with the amended section.
COMMENTS
Comments on the proposed amendment may be submitted in
writing to: Briana Godbey, Office of the Secretary of State, Cor-
porations Section, P.O. Box 13697, Austin, Texas 78711-3697.
Comments must be received not later than 12:00 noon, June 24,
2013.
STATUTORY AUTHORITYThe amendment of 79.28 is proposed under the authority of
12.001 of the Texas Business Organizations Code, which au-
thorizes the secretary of state to adopt procedural rules for the
filing of instruments authorized to be filed with the secretary of
state under the Code and gives the secretary of state the power
and authority reasonably necessary to enable the secretary of
state to perform the duties therein imposed upon the secretary
of state.
CROSS REFERENCE TO STATUTE
Chapter 5 of the Texas Business Organizations Code is affected
by this section.
79.28. Registered Agent and Office.
(a) An entity may not serve as its own registered agent.
(b) A [Except as pro-vided belo. .a] registered office address
must include a street or building address for purposes of providing the
public with notice of the physical street location at which process may
be served on the registered agent. A [; a] post office box alone is not
a sufficient address for the registered office, though a post office box
will be accepted when accompanied by a physical address where the
registered agent can be personally served with process during business
hours. The address of a commercial business that [which] provides
"private mail box" services is not sufficient as a registered office ad-
dress, unless the commercial enterprise is the business of the desig-
nated registered agent. [If the registered office address is in a city with
a population of less than 5, (00 the secretary of state will accept an ad-
dress other than a street address for the registered office]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on May 9, 2013.
TRD-201301859
Lorna Wassdorf
Director, Business and Public Filings
Office of the Secretary of State
Earliest possible date of adoption: June 23, 2013
For further information, please call: (512) 463-5562
PART 15. TEXAS HEALTH AND
HUMAN SERVICES COMMISSION
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER J. PURCHASED HEALTH
SERVICESPROPOSED RULES May 24, 2013 38 TexReg 3227
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Texas. Secretary of State. Texas Register, Volume 38, Number 21, Pages 3215-3396, May 24, 2013, periodical, May 24, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313174/m1/11/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.