Tex. Bus. Orgs. Code § 153.108 · Subchapter C. LIMITED PARTNERS
REQUIREMENTS FOR LIABILITY PROTECTION FOLLOWING EXPIRATION OF STATEMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a certificate described by Section 153.106(1) has not been filed before the expiration of the 180-day period described by Section 153.107(b), the person filing the statement has no further protection from liability under Section 153.106(2) unless the person complies with this section. To be protected under Section 153.106 the person must, not later than the 10th day after the date of expiration of the 180-day period:
(1) withdraw under Section 153.106(3); or
(2) bring an action under Section 153.554 to compel the execution and filing of a certificate of formation or amendment.
(b) If an action is brought within the applicable period and is diligently prosecuted to conclusion, the person bringing the action continues to be protected from liability under Section 153.106(2) until the action is finally decided adversely to that person.
(c) This section and Sections 153.106, 153.107, and 153.109 do not protect a person from liability that arises under Sections 153.102-153.105.
Notes and commentary — not statutory text
History
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BO/htm/BO.153.htm
- Text hash
- sha256 4a4efdd52f6da6ad7b7d4f580f714713d3ca5b8608d1b25bba1b1fc3a8b46cab
- 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 § 153.102LIABILITY TO THIRD PARTIES.Printed as Sections 153.102-153.105
- Tex. Bus. Orgs. Code § 153.105CREATION OF RIGHTS.Printed as Sections 153.102-153.105
- Tex. Bus. Orgs. Code § 153.106ERRONEOUS BELIEF OF CONTRIBUTOR BEING LIMITED PARTNER.Printed as Section 153.106 | Section 153.106(1) | Section 153.106(2) | Section 153.106(3) | Sections 153.106, 153.107, and 153.109
- Tex. Bus. Orgs. Code § 153.107STATEMENT REQUIRED FOR LIABILITY PROTECTION.Printed as Section 153.107(b) | Sections 153.106, 153.107, and 153.109
- Tex. Bus. Orgs. Code § 153.109LIABILITY OF ERRONEOUS CONTRIBUTOR.Printed as Sections 153.106, 153.107, and 153.109
- Tex. Bus. Orgs. Code § 153.554EXECUTION, AMENDMENT, OR CANCELLATION BY JUDICIAL ORDER.Printed as Section 153.554
Cited by 2 provisions
Provisions in this library whose text cites Tex. Bus. Orgs. Code § 153.108. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.