1. (a) A foreign filing entity registered with the secretary of state to transact business in this state before the effective date of this code may voluntarily elect to adopt and become subject to this code by filing with the secretary of state in accordance with Chapter 4:

   1. (1) a statement that the foreign filing entity is electing to adopt this code; and
   2. (2) an amendment to its application for registration that would cause its application for registration to comply with this code.

2. (b) A foreign filing entity that elected to adopt and become subject to this code as provided by Subsection (a) is not considered to have failed to comply with Subsection (a)(2) because:

   1. (1) the application for registration or any amendment to the registration:

      1. (A) does not state the entity's type; or
      2. (B) does not include the appointment of the secretary of state as agent for service of process under the circumstances provided by Section 5.251; or
   2. (2) a circumstance described by Section 402.0051 applies.

Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.

Acts 2011, 82nd Leg., R.S., Ch. 139 (S.B. 748), Sec. 60, eff. September 1, 2011.