1. (a) Amendment. A statement appointing an agent may be amended by filing an amendment to the statement appointing an agent with the Secretary of State. The Secretary of State has promulgated a form for this purpose; however, use of such form is not mandatory. An amendment to the statement appointing an agent must contain the following information:

   1. (1) the name of the nonprofit association;
   2. (2) the tax identification number of the nonprofit association, if applicable;
   3. (3) the part of the statement appointing an agent being amended;
   4. (4) the amendment; and
   5. (5) if the amendment changes the name or address of the agent authorized to receive service of process, a statement that the address provided as the address of the appointed agent is accurately shown and that the person appointed as the agent for the nonprofit association accepts the appointment as evidenced by the person's execution of the amendment.
2. (b) Execution. The amendment to 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. An amendment to change the name or address of the agent authorized to receive service of process for the nonprofit association also must be executed by the person appointed as 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. An amendment changing the appointed agent need not be executed by the withdrawing agent. The execution of an amendment changing the appointed agent for the nonprofit association by the person appointed as a successor agent constitutes an acceptance of the appointment.
3. (c) Fee. The fee for filing an amendment to the statement appointing an agent is $5.00.
4. (d) Filing. The amendment to 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 amendment the word "filed," and the month, day, and year of the filing, and place the document 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 amendment 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 §80.22 adopted to be effective November 28, 1995, 20 TexReg 9405.