Sections
Chapter 39 Public School System Accountability 39.001 – 39.416
Chapter 39A Accountability Interventions and Sanctions 39A.001 – 39A.907

Terms Used In Texas Education Code > Title 2 > Subtitle H

  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • Affiliate: means a person who controls, is controlled by, or is under common control with another person. See Texas Government Code 30.00304
  • Artificial swimming lagoon: means an artificial body of water used for recreational purposes with more than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant. See Texas Estates Code 355.111
  • Associate: when used to indicate a relationship with a person, means:
    (A) a domestic or foreign entity or organization for which the person:
    (i) is an officer or governing person; or
    (ii) beneficially owns, directly or indirectly, either individually or through an affiliate, 10 percent or more of a class of voting ownership interests or similar securities of the entity or organization;
    (B) a trust or estate in which the person has a substantial beneficial interest or for which the person serves as trustee or in a similar fiduciary capacity;
    (C) the person's spouse or a relative of the person related by consanguinity or affinity who resides with the person; or
    (D) a governing person or an affiliate or officer of the person. See Texas Government Code 30.00304
  • Association: means an entity governed as an association under Title 6 or 7. See Texas Government Code 30.00304
  • Assumed name: means a name adopted for use by a person. See Texas Government Code 30.00304
  • Business: means a trade, occupation, profession, or other commercial activity. See Texas Government Code 30.00304
  • Certificate of formation: means :
    (A) the document required to be filed with the filing officer under Chapter Texas Government Code 30.00304
  • Certificated ownership interest: means an ownership interest of a domestic entity represented by a certificate issued in bearer or registered form. See Texas Government Code 30.00304
  • Close corporation: means a for-profit corporation that elects to be governed as a close corporation in accordance with Subchapter O, Chapter Texas Government Code 30.00304
  • Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
  • Conversion: means :
    (A) the continuance of a domestic entity as a non-code organization of any type;
    (B) the continuance of a non-code organization as a domestic entity of any type;
    (C) the continuance of a domestic entity of one type as a domestic entity of another type;
    (D) the continuance of a domestic entity of one type as a foreign entity of the same type that may be treated as a domestication, continuance, or transfer transaction under the laws of the jurisdiction of formation of the foreign entity; or
    (E) the continuance of a foreign entity of one type as a domestic entity of the same type that may be treated as a domestication, continuance, or transfer transaction under the laws of the jurisdiction of formation of the foreign entity. See Texas Government Code 30.00304
  • Converted entity: means an organization resulting from a conversion. See Texas Government Code 30.00304
  • Converting entity: means an organization as the organization existed before the organization's conversion. See Texas Government Code 30.00304
  • cooperative association: means an association governed as a cooperative association under Chapter Texas Government Code 30.00304
  • Corporation: means an entity governed as a corporation under Title 2 or 7. See Texas Government Code 30.00304
  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 113.1541
  • Department: means the Department of Agriculture. See Texas Education Code 66.82
  • Director: means an individual who serves on the board of directors of a foreign or domestic corporation. See Texas Government Code 30.00304
  • Domestic: means , with respect to an entity, that the entity is formed under this code or the entity's internal affairs are governed by this code. See Texas Government Code 30.00304
  • Domestic entity: means an organization formed under or the internal affairs of which are governed by this code. See Texas Government Code 30.00304
  • Electronic transmission: means a form of communication that:
    (A) does not directly involve the physical transmission of paper;
    (B) creates a record that may be retained, retrieved, and reviewed by the recipient; and
    (C) may be directly reproduced in paper form by the recipient through an automated process. See Texas Government Code 30.00304
  • Entity: means a domestic entity or foreign entity. See Texas Government Code 30.00304
  • Estate: means a decedent's property, as that property:
    (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
    (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
    (3) is diminished by any decreases in or distributions from the property. See
  • Filing entity: means a domestic entity that is a corporation, limited partnership, limited liability company, professional association, cooperative, or real estate investment trust. See Texas Government Code 30.00304
  • Filing instrument: means an instrument, document, or statement that is required or authorized by this code to be filed by or for an entity with the filing officer in accordance with Chapter Texas Government Code 30.00304
  • Filing officer: means :
    (A) with respect to an entity other than a domestic real estate investment trust, the secretary of state; or
    (B) with respect to a domestic real estate investment trust, the county clerk of the county in which the real estate investment trust's principal office is located in this state. See Texas Government Code 30.00304
  • For-profit corporation: means a corporation governed as a for-profit corporation under Chapter Texas Government Code 30.00304
  • Foreign: means , with respect to an entity, that the entity is formed under, and the entity's internal affairs are governed by, the laws of a jurisdiction other than this state. See Texas Government Code 30.00304
  • Foreign entity: means an organization formed under, and the internal affairs of which are governed by, the laws of a jurisdiction other than this state. See Texas Government Code 30.00304
  • Foreign filing entity: means a foreign entity, other than a foreign limited liability partnership, that registers or is required to register as a foreign entity under Chapter Texas Government Code 30.00304
  • Foreign governmental authority: means a governmental official, agency, or instrumentality of a jurisdiction other than this state. See Texas Government Code 30.00304
  • General partner: means :
    (A) each partner in a general partnership; or
    (B) a person who is admitted to a limited partnership as a general partner in accordance with the governing documents of the limited partnership. See Texas Government Code 30.00304
  • General partnership: means a partnership governed as a general partnership under Chapter Texas Government Code 30.00304
  • Governing authority: means a person or group of persons who are entitled to manage and direct the affairs of an entity under this code and the governing documents of the entity, except that if the governing documents of the entity or this code divide the authority to manage and direct the affairs of the entity among different persons or groups of persons according to different matters, "governing authority" means the person or group of persons entitled to manage and direct the affairs of the entity with respect to a matter under the governing documents of the entity or this code. See Texas Government Code 30.00304
  • Governing documents: means :
    (A) in the case of a domestic entity:
    (i) the certificate of formation for a domestic filing entity or the document or agreement under which a domestic nonfiling entity is formed; and
    (ii) the other documents or agreements adopted by the entity under this code to govern the formation or the internal affairs of the entity; or
    (B) in the case of a foreign entity, the instruments, documents, or agreements adopted under the law of its jurisdiction of formation to govern the formation or the internal affairs of the entity. See Texas Government Code 30.00304
  • Governing person: means a person serving as part of the governing authority of an entity. See Texas Government Code 30.00304
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Individual: means a natural person. See Texas Government Code 30.00304
  • Internal Revenue Code: means the Internal Revenue Code of 1986, as amended. See Texas Government Code 30.00304
  • Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise probate jurisdiction; or
    (3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 113.207
  • Jurisdiction of formation: means :
    (A) in the case of a domestic filing entity, this state;
    (B) in the case of a foreign entity for which a certificate of formation or similar organizational instrument is filed in connection with its formation, the jurisdiction in which the entity's certificate of formation or similar organizational instrument is filed; or
    (C) in the case of a domestic nonfiling entity or a foreign entity for which a certificate of formation or similar organizational instrument is not filed in connection with its formation:
    (i) the jurisdiction the laws of which are chosen in the entity's governing documents to govern its internal affairs if that jurisdiction bears a reasonable relation to the owners or members or to the entity's business and affairs under the principles of this state that otherwise would apply to a contract among the owners or members; or
    (ii) if Subparagraph (i) does not apply, the jurisdiction in which the entity has its chief executive office. See Texas Government Code 30.00304
  • Land commissioner: means the Commissioner of the General Land Office. See Texas Government Code 312.011
  • Law: means , unless the context requires otherwise, both statutory and common law. See Texas Government Code 30.00304
  • License: means a license, certificate of registration, or other legal authorization. See Texas Government Code 30.00304
  • Limited liability company: means an entity governed as a limited liability company under Title 3 or 7. See Texas Government Code 30.00304
  • Limited liability limited partnership: means a partnership governed as a limited liability partnership and a limited partnership under Title 4. See Texas Government Code 30.00304
  • Limited liability partnership: means a partnership governed as a limited liability partnership under Title 4. See Texas Government Code 30.00304
  • Limited partnership: means a partnership that is governed as a limited partnership under Title 4 and that has one or more general partners and one or more limited partners. See Texas Government Code 30.00304
  • Manager: means a person designated as a manager of a limited liability company that is not managed by members of the company. See Texas Government Code 30.00304
  • Managerial official: means an officer or a governing person. See Texas Government Code 30.00304
  • Member: means :
    (A) in the case of a limited liability company, a person who is a member or has been admitted as a member in the limited liability company under its governing documents;
    (B) in the case of a nonprofit corporation, a person who has membership rights in the nonprofit corporation under its governing documents;
    (C) in the case of a cooperative association, a member of a nonshare or share association;
    (D) in the case of a nonprofit association, a person who has membership rights in the nonprofit association under its governing documents; or
    (E) in the case of a professional association, a person who has membership rights in the professional association under its governing documents. See Texas Government Code 30.00304
  • Merger: means :
    (A) the division of a domestic entity into two or more new domestic entities or other organizations or into a surviving domestic entity and one or more new domestic or foreign entities or non-code organizations; or
    (B) the combination of one or more domestic entities with one or more domestic entities or non-code organizations resulting in:
    (i) one or more surviving domestic entities or non-code organizations;
    (ii) the creation of one or more new domestic entities or non-code organizations; or
    (iii) one or more surviving domestic entities or non-code organizations and the creation of one or more new domestic entities or non-code organizations. See Texas Government Code 30.00304
  • Month: means a calendar month. See Texas Government Code 312.011
  • Nonfiling entity: means a domestic entity that is not a filing entity. See Texas Government Code 30.00304
  • Nonprofit association: means an association governed as a nonprofit association under Chapter Texas Government Code 30.00304
  • Nonprofit corporation: means a corporation governed as a nonprofit corporation under Chapter Texas Government Code 30.00304
  • Nonprofit entity: means an entity that is a nonprofit corporation, nonprofit association, or other entity that is organized solely for one or more of the purposes specified by Section Texas Government Code 30.00304
  • Oath: includes affirmation. See Texas Government Code 311.005
  • Officer: means an individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Texas Government Code 30.00304
  • Organization: means a corporation, limited or general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for-profit, nonprofit, domestic, or foreign. See Texas Government Code 30.00304
  • Ownership interest: means an owner's interest in an entity. See Texas Government Code 30.00304
  • Parent: means an organization that, directly or indirectly through or with one or more of its subsidiaries:
    (A) owns at least 50 percent of the outstanding ownership or membership interests of another organization; or
    (B) possesses at least 50 percent of the voting power of the owners or members of another organization. See Texas Government Code 30.00304
  • Partner: means a limited partner or general partner. See Texas Government Code 30.00304
  • Partnership: means an entity governed as a partnership under Title 4. See Texas Government Code 30.00304
  • Person: means an individual or a corporation, partnership, limited liability company, business trust, trust, association, or other organization, estate, government or governmental subdivision or agency, or other legal entity, or a series of a domestic limited liability company or foreign entity. See Texas Government Code 30.00304
  • personal representative: include :
    (1) an executor and independent executor;
    (2) an administrator, independent administrator, and temporary administrator; and
    (3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 114.004
  • Plan of conversion: means a document that conforms with the requirements of Section Texas Government Code 30.00304
  • Plan of merger: means a document that conforms with the requirements of Sections Texas Government Code 30.00304
  • Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
  • Professional association: has the meaning assigned by Section Texas Government Code 30.00304
  • Professional corporation: has the meaning assigned by Section Texas Government Code 30.00304
  • Professional entity: has the meaning assigned by Section Texas Government Code 30.00304
  • Professional limited liability company: has the meaning assigned by Section Texas Government Code 30.00304
  • Professional service: has the meaning assigned by Section Texas Government Code 30.00304
  • Property: includes tangible and intangible property and an interest in that property. See Texas Government Code 30.00304
  • Public swimming pool: means an artificial body of water, including a spa, maintained expressly for public recreational purposes, swimming and similar aquatic sports, or therapeutic purposes. See Texas Estates Code 355.111
  • Real estate investment trust: means an entity governed as a real estate investment trust under Title 5. See Texas Government Code 30.00304
  • Rule: includes regulation. See Texas Government Code 311.005
  • Secretary: means the:
    (A) individual designated as secretary of an entity under the entity's governing documents; or
    (B) officer or committee of persons authorized to perform the functions of secretary of an entity without regard to the designated name of the officer or committee. See Texas Government Code 30.00304
  • Share: means a unit into which the ownership interest in a for-profit corporation, professional corporation, real estate investment trust, or professional association is divided, regardless of whether the share is certificated or uncertificated. See Texas Government Code 30.00304
  • Signature: means any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 30.00304
  • Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
  • Social purposes: means one or more purposes of a for-profit corporation that are specified in the corporation's certificate of formation and consist of promoting one or more positive impacts on society or the environment or of minimizing one or more adverse impacts of the corporation's activities on society or the environment. See Texas Government Code 30.00304
  • Subsidiary: means an organization for which another organization, either directly or indirectly through or with one or more of its other subsidiaries:
    (A) owns at least 50 percent of the outstanding ownership or membership interests of the organization; or
    (B) possesses at least 50 percent of the voting power of the owners or members of the organization. See Texas Government Code 30.00304
  • Succeeding: means immediately following. See Texas Government Code 312.011
  • Uncertificated ownership interest: means an ownership interest in a domestic entity that is not represented by an instrument and is transferred by:
    (A) amendment of the governing documents of the entity; or
    (B) registration on books maintained by or on behalf of the entity for the purpose of registering transfers of ownership interests. See Texas Government Code 30.00304
  • Week: means seven consecutive days. See Texas Government Code 311.005
  • written: means an expression of words, letters, characters, numbers, symbols, figures, or other textual information that is inscribed on a tangible medium or that is stored in an electronic or other medium that is retrievable in a perceivable form. See Texas Government Code 30.00304
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
  • Year: means 12 consecutive months. See Texas Government Code 311.005