Sec. 22.356. CORPORATIONS ASSISTING STATE AGENCIES. (a) In this section, "state agency" means: (1) a board, commission, department, office, or other entity that is in the executive branch of state government and that was created by the constitution or a statute of this state, including an institution of higher education as defined by Section 61.003 , Education Code; (2) the legislature or a legislative agency; or (3) the supreme court, the court of criminal appeals, a court of appeals, the state bar, or another state judicial agency. (b) The books and records of a corporation other than a bona fide alumni association are subject to audit at the discretion of the state auditor if: (1) the corporation's certificate of formation specifically dedicates the corporation's activities to the benefit of a particular state agency; and (2) a board member, officer, or employee of that state agency is a director of the corporation. (c) If the corporation's charter specifically dedicates the corporation's activities to the benefit of a particular state agency but the conditions described by Subsection (b)(2) do not exist, a corporation shall file with the secretary of state a copy of the report required by Section 22.352 (b) for the preceding fiscal year not later than the 89th day after the last day of the corporation's fiscal year.
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