Tex. Bus. Orgs. Code § 402.0051 · Chapter 402. MISCELLANEOUS AND TRANSITION PROVISIONS
EFFECT OF REFERENCES TO PRIOR LAW AND USE OF SYNONYMOUS TERMS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A governing document or a filing instrument, including a certificate of formation or application for registration, is not considered to have failed to conform to this code if the governing document or filing instrument:
(1) contains a reference to prior law that was applicable at the time of its filing or adoption;
(2) contains a provision that was authorized by prior law at the time of its filing or adoption;
(3) includes a term or phrase described by Section 1.006; or
(4) includes a term or phrase from prior law that is different from the corresponding term or phrase used in this code.
(b) A reference in a governing document or filing instrument to a statute or provision of a statute in effect before January 1, 2010, that was repealed by this code is considered to be a reference to the provision or provisions of this code that correspond to the repealed statute or provision unless the governing document or filing instrument expressly provides otherwise.
(c) An entity is not considered to have failed to comply with this code if a governing document or filing instrument makes a reference to prior law rather than to the corresponding provisions of the prior law in this code.
(d) For purposes of this section, prior law includes a predecessor statute to the prior law.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 139 (S.B. 748), Sec. 62, eff. September 1, 2011.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BO/htm/BO.402.htm
- Text hash
- sha256 0e3f918dd675b5eefdd3d814fdad6cb34716564e59f56ba1fa799361f43f74eb
- 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
Cited by 3 provisions
Provisions in this library whose text cites Tex. Bus. Orgs. Code § 402.0051. Each shows the citation as that text prints it.
Business Organizations Code
- Tex. Bus. Orgs. Code § 402.003EARLY ADOPTION OF CODE BY EXISTING DOMESTIC ENTITY.Printed as Section 402.0051
- Tex. Bus. Orgs. Code § 402.004EARLY ADOPTION OF CODE BY REGISTERED FOREIGN FILING ENTITY.Printed as Section 402.0051
- Tex. Bus. Orgs. Code § 402.005APPLICABILITY TO EXISTING ENTITIES.Printed as Section 402.0051
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.