Sections
Chapter 41 Equalized Wealth Level 41.001 – 41.257
Chapter 42 Foundation School Program 42.001 – 42.609
Chapter 43 Permanent School Fund and Available School Fund 43.001 – 43.020
Chapter 44 Fiscal Management 44.001 – 44.908
Chapter 45 School District Funds 45.001 – 45.308
Chapter 46 Assistance With Instructional Facilities and Payment of Existing Debt 46.001 – 46.071

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

  • Association: means an entity governed as an association under Title 6 or 7. 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
  • Commissioner: means the commissioner of state health services. See Texas Health and Safety Code 486.001
  • Commissioner: means the commissioner of agriculture. See Texas Education Code 66.82
  • 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
  • Corporation: means an entity governed as a corporation under Title 2 or 7. See Texas Government Code 30.00304
  • Department: means the Department of State Health Services. See Texas Health and Safety Code 486.001
  • 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
  • Executive commissioner: means the executive commissioner of the Health and Human Services Commission. See Texas Health and Safety Code 486.001
  • Fictitious name: means an assumed name:
    (A) that a foreign filing entity adopts for use because the name of the entity as stated in the entity's certificate of formation or similar organizational instrument is not available for use under the laws of this state; and
    (B) under which the foreign filing entity is registered to transact business in this state, in accordance with Chapter Texas Government Code 30.00304
  • 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
  • For-profit entity: means an entity other than a nonprofit entity. See 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 nonfiling entity: means a foreign entity that is not a foreign filing entity. See Texas Government Code 30.00304
  • Fundamental business transaction: means a merger, interest exchange, conversion, or sale of all or substantially all of an entity's assets. 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
  • Individual: means a natural person. See Texas Government Code 30.00304
  • Interest exchange: means the acquisition of an ownership or membership interest in a domestic entity as provided by Subchapter B, Chapter Texas Government Code 30.00304
  • 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
  • Law: means , unless the context requires otherwise, both statutory and common law. See Texas Government Code 30.00304
  • Licensed practitioner: includes a sex offender treatment provider who is licensed under Chapter Texas Estates Code 355.111
  • 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 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
  • Membership interest: means a member's interest in an entity. 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
  • most recent federal census: means the United States decennial census immediately preceding the action in question. See Texas Government Code 312.011
  • National securities exchange: means an exchange registered as a national securities exchange under Section 6, Securities Exchange Act of 1934 (15 U. See Texas Government Code 30.00304
  • Non-code organization: means an organization other than a domestic entity. See Texas Government Code 30.00304
  • Non-United States entity: means a foreign entity formed under, and the internal affairs of which are governed by, the laws of a non-United States jurisdiction. See Texas Government Code 30.00304
  • Non-United States jurisdiction: means a foreign country or other foreign jurisdiction that is not the United States or a state of the United States. See Texas Government Code 30.00304
  • 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
  • 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
  • Owner liability: means personal liability for a liability or other obligation of an organization that is imposed on a person:
    (A) by statute solely because of the person's status as an owner or member of the organization; or
    (B) by a governing document of an organization under a provision of this code or the law of the organization's jurisdiction of formation that authorizes the governing document to make one or more specified owners or members of the organization liable in their capacity as owners or members for all or specified liabilities or other obligations of the organization. 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
  • Partnership interest: means a partner's interest in a partnership. See Texas Government Code 30.00304
  • Party to the merger: means a domestic entity or non-code organization that under a plan of merger is divided or combined by a merger. 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
  • Plan of conversion: means a document that conforms with the requirements of Section Texas Government Code 30.00304
  • Plan of exchange: 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
  • President: means the:
    (A) individual designated as president of an entity under the entity's governing documents; or
    (B) officer or committee of persons authorized to perform the functions of the principal executive officer of an entity without regard to the designated name of the officer or committee. See Texas Government Code 30.00304
  • 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
  • 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
  • Real-time electronic logging system: means a system intended to be used by law enforcement agencies and pharmacies or other business establishments that:
    (A) is installed, operated, and maintained free of any one-time or recurring charge to the business establishment or to the state;
    (B) is able to communicate in real time with similar systems operated in other states and similar systems containing information submitted by more than one state;
    (C) complies with the security policy of the Criminal Justice Information Services division of the Federal Bureau of Investigation;
    (D) complies with information exchange standards adopted by the National Information Exchange Model;
    (E) uses a mechanism to prevent the completion of a sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine that would violate state or federal law regarding the purchase of a product containing those substances; and
    (F) is equipped with an override of the mechanism described in Paragraph (E) that:
    (i) may be activated by an employee of a business establishment; and
    (ii) creates a record of each activation of the override. See Texas Health and Safety Code 486.001
  • Sale: includes a conveyance, exchange, barter, or trade. See Texas Health and Safety Code 486.001
  • 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
  • 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
  • Vice president: means the:
    (A) individual designated as vice president of an entity under the governing documents of the entity; or
    (B) officer or committee of persons authorized to perform the functions of the president of the entity on the death, absence, or resignation of the president or on the inability of the president to perform the functions of office without regard to the designated name of the officer or committee. 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