Sec. 9.251.  ACTIVITIES NOT CONSTITUTING TRANSACTING BUSINESS IN THIS STATE.  For purposes of this chapter, activities that do not constitute transaction of business in this state include:
(1)  maintaining or defending an action or suit or an administrative or arbitration proceeding, or effecting the settlement of:
(A)  such an action, suit, or proceeding; or
(B)  a claim or dispute to which the entity is a party;
(2)  holding a meeting of the entity's managerial officials, owners, or members or carrying on another activity concerning the entity's internal affairs;
(3)  maintaining a bank account;
(4)  maintaining an office or agency for:
(A)  transferring, exchanging, or registering securities the entity issues; or
(B)  appointing or maintaining a trustee or depositary related to the entity's securities;
(5)  voting the interest of an entity the foreign entity has acquired;
(6)  effecting a sale through an independent contractor;
(7)  creating, as borrower or lender, or acquiring indebtedness or a mortgage or other security interest in real or personal property;
(8)  securing or collecting a debt due the entity or enforcing a right in property that secures a debt due the entity;
(9)  transacting business in interstate commerce;
(10)  conducting an isolated transaction that:
(A)  is completed within a period of 30 days; and
(B)  is not in the course of a number of repeated, similar transactions;
(11)  in a case that does not involve an activity that would constitute the transaction of business in this state if the activity were one of a foreign entity acting in its own right:
(A)  exercising a power of executor or administrator of the estate of a nonresident decedent under ancillary letters issued by a court of this state; or
(B)  exercising a power of a trustee under the will of a nonresident decedent, or under a trust created by one or more nonresidents of this state, or by one or more foreign entities;
(12)  regarding a debt secured by a mortgage or lien on real or personal property in this state:
(A)  acquiring the debt in a transaction outside this state or in interstate commerce;
(B)  collecting or adjusting a principal or interest payment on the debt;
(C)  enforcing or adjusting a right or property securing the debt;
(D)  taking an action necessary to preserve and protect the interest of the mortgagee in the security; or
(E)  engaging in any combination of transactions described by this subdivision;
(13)  investing in or acquiring, in a transaction outside of this state, a royalty or other nonoperating mineral interest;
(14)  executing a division order, contract of sale, or other instrument incidental to ownership of a nonoperating mineral interest;
(15)  owning, without more, real or personal property in this state; or
(16)  acting as a governing person of a domestic or foreign entity that is registered to transact business in this state.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 14, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 39 (S.B. 1203), Sec. 16, eff. September 1, 2021.