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Tex. Bus. Orgs. Code § 152.051

PARTNERSHIP DEFINED

Applied in 3 court decisions — leading case Westside Wrecker Service, Inc. v. Patricia Davis Skafi D/B/A Master Auto Body Shop and D/B/A North Loop Towing and Dwight Cannon D/B/A D.C. Wrecker (2011)

Most recently applied in Metroplexcore, LLC v. Parsons Transportation, Inc. (February 2014)

Acts 2003, 78th Leg., ch. 182, Sec. 1, eff

How often courts cite this section

2011201410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) In this section, "association" does not have the meaning of the term "association" under Section 1.002.

(b) Except as provided by Subsection (c) and Section 152.053(a), an association of two or more persons to carry on a business for profit as owners creates a partnership, regardless of whether:

(1) the persons intend to create a partnership; or

(2) the association is called a "partnership," "joint venture," or other name.

(c) An association or organization is not a partnership if it was created under a statute other than:

(1) this title and the provisions of Title 1 applicable to partnerships and limited partnerships;

(2) a predecessor to a statute referred to in Subdivision (1); or

(3) a comparable statute of another jurisdiction.

(d) The provisions of this chapter govern limited partnerships only to the extent provided by Sections 153.003 and 153.152 and Subchapter H, Chapter 153.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.