Texas § BO.11.359 - EXTINGUISHMENT OF EXISTING CLAIM
Full text of Texas The Texas Constitution § BO.11.359 — EXTINGUISHMENT OF EXISTING CLAIM, with citation guidance and answers to common questions.
§ BO.11.359. EXTINGUISHMENT OF EXISTING CLAIM
EXTINGUISHMENT OF EXISTING CLAIM. (a) Except as provided by Subsection (b), an existing claim by or against a terminated filing entity is extinguished unless an action or proceeding is brought on the claim not later than the third anniversary of the date of termination of the entity. (b) A person's claim against a terminated filing entity may be extinguished before the period prescribed by Subsection (a) if the person is notified under Section 11.358 (a) that the claim will be resolved under Section 11.358 and the person: (1) fails to properly present the claim in writing under Sections 11.358 (c) and (d); or (2) fails to bring an action on a claim rejected under Section 11.358 (e) before: (A) the 180th day after the date the notice rejecting the claim was mailed to the person; and (B) the third anniversary of the effective date of the entity's termination. (c) Notwithstanding Subsections (a) and (b), the extinguishment of an existing claim with respect to a terminated filing entity as provided by this section is nullified if: (1) the filing entity's termination is revoked with retroactive effect under Section 11.153 ; (2) the terminated filing entity is reinstated with retroactive effect as provided by Section 11.206 ; (3) the terminated filing entity is reinstated with retroactive effect as provided by Section 11.253 (d); (4) the terminated filing entity's certificate of formation is reinstated under the Tax Code with retroactive effect as provided by Section 11.254 ; (5) the terminated filing entity's certificate of formation is reinstated under Chapter 22 with retroactive effect as provided by Section 11.255 (a); or (6) the terminated filing entity's certificate of formation is reinstated under Chapter 153 with retroactive effect as provided by Section 11.255 (b). Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006. Amended by: Acts 2021, 87th Leg., R.S., Ch. 39 (S.B. 1203 ), Sec. 20, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 27 (S.B. 1514 ), Sec. 20, eff. September 1, 2023. SUBCHAPTER I. RECEIVERSHIP
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § BO.11.359
What does The Texas Constitution § BO.11.359 cover?
Section BO.11.359 ("EXTINGUISHMENT OF EXISTING CLAIM") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § BO.11.359?
A common citation format is "The Texas Constitution § BO.11.359" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § BO.11.359 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.