Texas Property Code 222.004 – Registration; Administration
(a) A person may not offer or dispose of a membership interest or membership right under a membership camping contract in this state unless the operator is registered with the secretary of state. If an operator also sells membership camping contracts, that operator must also comply with the registration requirements for membership camping contract brokers imposed by § 222.005.
(b) A registration filed under this section must be on a form prescribed by the secretary of state and must include, to the extent applicable, the following information:
(1) the operator’s name, address, and the organizational form of the operator’s business, including the date and jurisdiction under which the business was organized, the name and address of each of its officers in this state, and the name and address of each membership camping resort located in this state that is owned or operated in whole or in part by the operator;
(2) a list of all owners of 10 percent or more of the capital stock of the operator’s business if the operator is not required to report under the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.);
(3) a brief description and certified copy of the instrument creating the operator’s ownership of or other right to use the membership camping resort and the amenities that are to be available for use by purchasers, together with a copy of any lease, license, franchise, reciprocal agreement, or other agreement entitling the operator to use the membership camping resort and the amenities, and any material provision of the agreement that restricts a purchaser’s use of the membership camping resort or the amenities;
(4) a sample copy of each instrument to be delivered to a purchaser to evidence the purchaser’s membership in the membership camping resort and a sample copy of each agreement that a purchaser is required to execute;
(5) financial statements of the operator for the most recent fiscal quarter;
(6) a narrative description of the promotional plan for the offering of membership interests or membership rights;
(7) a copy of any agreement between the operator and any person owning, controlling, or managing the membership camping resort;
(8) a complete list of the locations and addresses of any sales offices located in this state;
(9) the names of any other states or foreign countries in which a registration of the operator or the membership camping contract has been filed;
(10) complete information concerning any adverse order, judgment, or decree entered by any court or administrative agency in connection with a membership camping resort operated by the operator or in which the operator had an interest at the time of the order, judgment, or decree;
(11) a description of any blanket encumbrance on the membership camping resort; and
(12) a membership camping resort disclosure statement and any required reciprocal program disclosure statement required by § 222.006.
Terms Used In Texas Property Code 222.004
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) The registration must be signed by the operator, by an officer or general partner of the operator, or by another person who holds a power of attorney for this purpose from the operator. If the registration is signed under a power of attorney, a copy of the power of attorney must be included with the registration. The registration must be submitted with the registration fee set by the secretary of state pursuant to § 222.010.
(d) The operator shall promptly file amendments to the registration reporting to the secretary of state any material and adverse change in any document contained in such registration. For the purposes of this subsection, a material and adverse change includes any change that significantly reduces or terminates either the applicant’s or a purchaser’s right to use the membership camping resort or any of the amenities described by the membership camping contract but does not include minor changes covering the use of the membership camping resort, its amenities, or any reciprocal program.
(e) The secretary of state shall investigate all matters relating to the registration and may in his discretion require a personal inspection of the proposed membership camping resort by any persons designated by him.
(f) The secretary of state may prescribe and publish forms necessary to carry out the provisions of this chapter. The secretary of state may not approve or disapprove any registration, and an operator may not represent to any person that the secretary of state endorses or approves the membership camping resort or membership camping contract.