Tex. Bus. Orgs. Code § 11.359 · Subchapter H. CLAIMS RESOLUTION ON TERMINATION
EXTINGUISHMENT OF EXISTING CLAIM.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), an existing claim by or against a terminated filing entity is extinguished unless an action or proceeding is brought on the claim not later than the third anniversary of the date of termination of the entity.
(b) A person's claim against a terminated filing entity may be extinguished before the period prescribed by Subsection (a) if the person is notified under Section 11.358(a) that the claim will be resolved under Section 11.358 and the person:
(1) fails to properly present the claim in writing under Sections 11.358(c) and (d); or
(2) fails to bring an action on a claim rejected under Section 11.358(e) before:
(A) the 180th day after the date the notice rejecting the claim was mailed to the person; and
(B) the third anniversary of the effective date of the entity's termination.
(c) Notwithstanding Subsections (a) and (b), the extinguishment of an existing claim with respect to a terminated filing entity as provided by this section is nullified if:
(1) the filing entity's termination is revoked with retroactive effect under Section 11.153;
(2) the terminated filing entity is reinstated with retroactive effect as provided by Section 11.206;
(3) the terminated filing entity is reinstated with retroactive effect as provided by Section 11.253(d);
(4) the terminated filing entity's certificate of formation is reinstated under the Tax Code with retroactive effect as provided by Section 11.254;
(5) the terminated filing entity's certificate of formation is reinstated under Chapter 22 with retroactive effect as provided by Section 11.255(a); or
(6) the terminated filing entity's certificate of formation is reinstated under Chapter 153 with retroactive effect as provided by Section 11.255(b).
Notes and commentary — not statutory text
History
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 39 (S.B. 1203), Sec. 20, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 27 (S.B. 1514), Sec. 20, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BO/htm/BO.11.htm
- Text hash
- sha256 0e2cc8538b9626149b32e089225c6ee04fa74059c9de7be3a33826c239eefbdd
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business Organizations Code
- Tex. Bus. Orgs. Code § 11.153COURT REVOCATION OF FRAUDULENT TERMINATION.Printed as Section 11.153
- Tex. Bus. Orgs. Code § 11.206EFFECT OF REINSTATEMENT.Printed as Section 11.206
- Tex. Bus. Orgs. Code § 11.253REINSTATEMENT BY SECRETARY OF STATE AFTER INVOLUNTARY TERMINATION.Printed as Section 11.253(d)
- Tex. Bus. Orgs. Code § 11.254REINSTATEMENT OF CERTIFICATE OF FORMATION FOLLOWING TAX FORFEITURE.Printed as Section 11.254
- Tex. Bus. Orgs. Code § 11.255REINSTATEMENT OF CERTIFICATE OF FORMATION FOLLOWING FAILURE TO REVIVE; REINSTATEMENT RETROACTIVE.Printed as Section 11.255(a) | Section 11.255(b)
- Tex. Bus. Orgs. Code § 11.358ACCELERATED PROCEDURE FOR EXISTING CLAIM RESOLUTION.Printed as Section 11.358 | Section 11.358(a) | Section 11.358(e) | Sections 11.358(c)
- Tex. Bus. Orgs. Code ch. 22NONPROFIT CORPORATIONSPrinted as Chapter 22
- Tex. Bus. Orgs. Code ch. 153LIMITED PARTNERSHIPSPrinted as Chapter 153
Cited by 1 provision
Provisions in this library whose text cites Tex. Bus. Orgs. Code § 11.359. Each shows the citation as that text prints it.
Business Organizations Code
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