Section 9.251 - Activities Not Constituting Transacting Business in This State For purposes of this chapter, activities that do not constitute transaction of business in this state include:
(1) maintaining or defending an action or suit or an administrative or arbitration proceeding, or effecting the settlement of:(A) such an action, suit, or proceeding; or(B) a claim or dispute to which the entity is a party;(2) holding a meeting of the entity's managerial officials, owners, or members or carrying on another activity concerning the entity's internal affairs;(3) maintaining a bank account;(4) maintaining an office or agency for: (A) transferring, exchanging, or registering securities the entity issues; or(B) appointing or maintaining a trustee or depositary related to the entity's securities;(5) voting the interest of an entity the foreign entity has acquired;(6) effecting a sale through an independent contractor;(7) creating, as borrower or lender, or acquiring indebtedness or a mortgage or other security interest in real or personal property;(8) securing or collecting a debt due the entity or enforcing a right in property that secures a debt due the entity;(9) transacting business in interstate commerce;(10) conducting an isolated transaction that: (A) is completed within a period of 30 days; and(B) is not in the course of a number of repeated, similar transactions;(11) in a case that does not involve an activity that would constitute the transaction of business in this state if the activity were one of a foreign entity acting in its own right: (A) exercising a power of executor or administrator of the estate of a nonresident decedent under ancillary letters issued by a court of this state; or(B) exercising a power of a trustee under the will of a nonresident decedent, or under a trust created by one or more nonresidents of this state, or by one or more foreign entities;(12) regarding a debt secured by a mortgage or lien on real or personal property in this state: (A) acquiring the debt in a transaction outside this state or in interstate commerce;(B) collecting or adjusting a principal or interest payment on the debt;(C) enforcing or adjusting a right or property securing the debt;(D) taking an action necessary to preserve and protect the interest of the mortgagee in the security; or(E) engaging in any combination of transactions described by this subdivision;(13) investing in or acquiring, in a transaction outside of this state, a royalty or other nonoperating mineral interest;(14) executing a division order, contract of sale, or other instrument incidental to ownership of a nonoperating mineral interest;(15) owning, without more, real or personal property in this state; or(16) acting as a governing person of a domestic or foreign entity that is registered to transact business in this state.Tex. Bus. Org. Code § 9.251
Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 39,Sec. 16, eff. 9/1/2021.Amended by Acts 2009, 81st Leg., R.S., Ch. 84, Sec. 14, eff. 9/1/2009. Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. 1/1/2006.