Tex. Business Organizations Code § 4.053: CONDITIONS FOR DELAYED EFFECTIVENESS.

(a) The date, or the date and time, at which a filing instrument takes effect is delayed if the instrument clearly and expressly states, in addition to any other required statement or information:

(1) the specified date, or the specified date and time, at which the instrument takes effect; or

(2) if the instrument takes effect on or after the occurrence of a future event or fact that may occur:

(A) the event or fact that will cause the instrument to take effect;

(B) when the filing instrument is to take effect if the instrument is to take effect after the occurrence of a specified future event or fact; and

(C) the date of the 90th day after the date the instrument is signed.

(b) If the effectiveness of a filing instrument is to be delayed as permitted by Section 4.052:

(1) the effective date may not be later than the 90th day after the date the instrument is signed; and

(2) the specified time at which the instrument is to take effect may not be specified as "12:00 a.m." or "12:00 p.m."

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

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 658 (S.B. 1859), Sec. 4, eff. September 1, 2019.