Sec. 152.302. BINDING EFFECT OF PARTNER'S ACTION. (a) Unless a partner does not have authority to act for the partnership in a particular matter and the person with whom the partner is dealing knows that the partner lacks authority, an act of a partner, including the execution of an instrument in the partnership name, binds the partnership if the act is apparently for carrying on in the ordinary course:
(1) the partnership business; or
(2) business of the kind carried on by the partnership.
(b) An act of a partner that is not apparently for carrying on in the ordinary course a business described by Subsection (a) binds the partnership only if authorized by the other partners.
(c) A conveyance of real property by a partner on behalf of the partnership not otherwise binding on the partnership binds the partnership if the property has been conveyed by the grantee or a person claiming through the grantee to a holder for value without knowledge that the partner exceeded that partner's authority in making the conveyance.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 688 (H.B. 1737), Sec. 105, eff. September 1, 2007.
Structure Texas Statutes
Chapter 152 - General Partnerships
Subchapter E. Relationship Between Partners and Other Persons
Section 152.301. Partner as Agent
Section 152.302. Binding Effect of Partner's Action
Section 152.303. Liability of Partnership for Conduct of Partner
Section 152.304. Nature of Partner's Liability
Section 152.306. Enforcement of Remedy
Section 152.307. Extension of Credit in Reliance on False Representation
Section 152.308. Partner's Partnership Interest Subject to Charging Order