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RULE §90.3Procedure for Filing an Application for a Certificate of Association

(a) A corporation or private entity that applies to be an associate of the partnership must submit to the secretary of state, on a form provided by the secretary and supported by additional documentation, if required, information demonstrating that the applicant:

  (1) prohibits the expenditure of any business funds for the purpose of patronizing a business that is part of the commercial sex industry or use of business resources to:

    (A) engage in sexual conduct that violates state or federal law, or

    (B) operate a business that is part of the commercial sex industry;

  (2) has adopted a policy aimed at reducing human trafficking and includes information about this policy in new hire materials or training programs;

  (3) has made training resources about recognizing and addressing human trafficking available to its employees and references the resources in new hire or employee training programs;

  (4) has included language in supplier contracts regarding the corporation or private entity's human trafficking policies, and encourages suppliers to abide by these same policies;

  (5) agrees to participate in at least one public awareness or education campaign involving human trafficking within 36 months of receipt of the certificate of association;

  (6) agrees to share with the secretary of state best practices that the entity uses in combatting human trafficking, if any; and

  (7) agrees to assist the secretary of state in enhancing awareness of the partnership.

(b) Each application for certificate of association must be signed by or on behalf of the applicant and sworn to before a notary public or other person authorized to administer oaths.

(c) If, after review of the corporation's or private entity's application, and any additional documentation requested by the secretary of state, the secretary determines that all requirements set forth in subsections (a) and (b) of this section have been met, the secretary will issue a certificate of association to the applicant and the applicant will be named an associate.

Source Note: The provisions of this §90.3 adopted to be effective January 31, 2019, 44 TexReg 413

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