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Petition for Writ of Mandamus - Filed - Supreme Court of Texas

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TAX CODE CHAPTER 171. FRANCHISE TAX<br />

http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.171.htm<br />

Page 73 <strong>of</strong> 88<br />

6/25/2012<br />

this state.<br />

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 1, Sec. 9, eff. January<br />

1, 2008.<br />

Sec. 171.252. EFFECTS OF FORFEITURE. If the corporate<br />

privileges <strong>of</strong> a corporation are <strong>for</strong>feited under this subchapter:<br />

(1) the corporation shall be denied the right to sue or<br />

defend in a court <strong>of</strong> this state; and<br />

(2) each director or <strong>of</strong>ficer <strong>of</strong> the corporation is liable<br />

<strong>for</strong> a debt <strong>of</strong> the corporation as provided by Section 171.255 <strong>of</strong> this<br />

code.<br />

Acts 1981, 67th Leg., p. 1704, ch. 389, Sec. 1, eff. Jan. 1, 1982.<br />

Sec. 171.253. SUIT ON CAUSE OF ACTION ARISING BEFORE<br />

FORFEITURE. In a suit against a corporation on a cause <strong>of</strong> action<br />

arising be<strong>for</strong>e the <strong>for</strong>feiture <strong>of</strong> the corporate privileges <strong>of</strong> the<br />

corporation, affirmative relief may not be granted to the corporation<br />

unless its corporate privileges are revived under this chapter.<br />

Acts 1981, 67th Leg., p. 1704, ch. 389, Sec. 1, eff. Jan. 1, 1982.<br />

Sec. 171.254. EXCEPTION TO FORFEITURE. The <strong>for</strong>feiture <strong>of</strong> the<br />

corporate privileges <strong>of</strong> a corporation does not apply to the privilege<br />

to defend in a suit to <strong>for</strong>feit the corporation's charter or<br />

certificate <strong>of</strong> authority.<br />

Acts 1981, 67th Leg., p. 1704, ch. 389, Sec. 1, eff. Jan. 1, 1982.<br />

Sec. 171.255. LIABILITY OF DIRECTOR AND OFFICERS. (a) If the<br />

corporate privileges <strong>of</strong> a corporation are <strong>for</strong>feited <strong>for</strong> the failure to<br />

file a report or pay a tax or penalty, each director or <strong>of</strong>ficer <strong>of</strong> the<br />

corporation is liable <strong>for</strong> each debt <strong>of</strong> the corporation that is created<br />

or incurred in this state after the date on which the report, tax, or<br />

penalty is due and be<strong>for</strong>e the corporate privileges are revived. The<br />

liability includes liability <strong>for</strong> any tax or penalty imposed by this<br />

chapter on the corporation that becomes due and payable after the date<br />

<strong>of</strong> the <strong>for</strong>feiture.

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