1. (a) Initial appointment. An unincorporated nonprofit association may file a statement appointing an agent authorized to receive service of process. The Secretary of State has promulgated a form for this purpose; however, use of such form is not mandatory. The statement appointing an agent must contain the following information:

   1. (1) the name of the nonprofit association;
   2. (2) the federal tax identification number of the nonprofit association, if applicable;
   3. (3) the address in this state, including the street address, if any, of the nonprofit association, or its address outside this state, as applicable;
   4. (4) the name of the person in this state authorized to receive service of process and the person's address, including street address, in this state; and
   5. (5) a statement that the person appointed as agent for the nonprofit association accepts the appointment, as evidenced by the person's execution of the statement to be filed.
2. (b) Execution. The statement appointing an agent submitted for filing with the Secretary of State must be executed by a person authorized to manage the affairs of the nonprofit association, or, if the person is a corporation or other legal or commercial entity, by an officer or other duly authorized representative of the corporation or other legal or commercial entity. The statement appointing an agent also must be signed by the person appointed agent, or, if the person appointed agent is a corporation or other legal or commercial entity, by an officer or other duly authorized representative of the corporation or other legal or commercial entity. The execution of the statement appointing an agent by the person appointed as agent constitutes an acceptance of the appointment.
3. (c) Fee. The fee for filing a statement appointing an agent is $25.
4. (d) Filing. The statement appointing an agent, accompanied by the filing fee, shall be delivered to the Secretary of State. The Secretary of State will endorse on the statement the word "filed," and the month, day, and year of the filing, and place the statement on record. A letter of acknowledgement shall be delivered to the nonprofit association, its designated representative or to its appointed agent. A duplicate "file stamped" copy of the statement appointing an agent will accompany the letter of acknowledgement, provided that a duplicate copy of the document is delivered by the nonprofit association for such purpose.

Source Note:The provisions of this §80.21 adopted to be effective November 28, 1995, 20 TexReg 9405.