(a) Any taxable entity, as defined under Tax Code §171.0002,
contracting with the Commission and/or any taxable entity that is
an applicant for a license or permit issued by the agency must certify
in writing, on a form provided by the agency, that its right to transact
business in Texas is active, that it is exempt from payment of the
franchise tax or that it is an out-of-state entity that is not subject
to the franchise tax.
(b) The making of a false statement as to franchise
tax status on any license or permit application shall be grounds for
disciplinary action.
(c) The making of a false statement as to franchise
tax status with regards to a state contract shall be grounds for cancellation
of the contract at the option of the agency by treating the statement
as a material breach of contract.
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