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Texas Business Organizations Code - Section 152.804. Insurance Or Financial Responsibility

Legal Research Home > Texas Laws > Business Organizations Code > Texas Business Organizations Code - Section 152.804. Insurance Or Financial Responsibility

§ 152.804. INSURANCE OR FINANCIAL RESPONSIBILITY. (a) A limited liability partnership must: (1) carry at least $100,000 of liability insurance of a kind that is designed to cover the kind of error, omission, negligence, incompetence, or malfeasance for which liability is limited by Section 152.801(b); or (2) provide $100,000 specifically designated and segregated for the satisfaction of judgments against the partnership for the kind of error, omission, negligence, incompetence, or malfeasance for which liability is limited by Section 152.801(b) by: (A) deposit of cash, bank certificates of deposit, or United States Treasury obligations in trust or bank escrow; (B) a bank letter of credit; or (C) insurance company bond. (b) If the limited liability partnership is in compliance with Subsection (a), the requirements of this section may not be admissible or be made known to the jury in determining an issue of liability for or extent of: (1) the debt or obligation in question; or (2) damages in question. (c) If compliance with Subsection (a) is disputed: (1) compliance must be determined separately from the trial or proceeding to determine: (A) the partnership debt or obligation in question; (B) the amount of the debt or obligation; or (C) partner liability for the debt or obligation; and (2) the burden of proof of compliance is on the person claiming limitation of liability under Section 152.801(b). Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.

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Last modified: August 11, 2007