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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

Senate Bill 1699

Senate Author:  Fraser

Effective:  9-1-09

House Sponsor:  Giddings


            Senate Bill 1699 amends the Business & Commerce Code to specify that the fee for filing and indexing with the secretary of state an initial financing statement relating to a secured transaction is $60 if the debtor is a transmitting utility.  The bill changes the fee for a certificate of filing for a utility security instrument and for obtaining a copy of any utility security instrument filed with the secretary of state.

            Senate Bill 1699 amends the Agriculture Code to provide that the amount of the fee for the secretary of state to issue to a member of the public a certificate identifying any agricultural chemical and seed lien or animal feed lien on file and the fee for a copy of any notice of claim of such a lien is the same as the amount of the fees specified above for a utility security instrument, rather than requiring those fees to be established by the secretary of state in an amount necessary to cover administration costs.

            Senate Bill 1699 amends the Property Code to require a filing officer to issue a certificate showing whether certain notices relating to federal liens or certificates are on file on a date and time specified by the filing office, but not earlier than three business days before the date the filing office receives the request, rather than on the date and hour stated in the filing officer's certificate.  The bill provides that the amount of the fee for such a certificate and the fee for a copy of any notice of federal lien furnished under these provisions is the same as the amount of the fees specified above for a utility security instrument.  The bill establishes that Business & Commerce Code provisions relating to the request for and availability of information from a filing office and the sale or license of records apply to a federal lien under provisions of the Uniform Federal Lien Registration Act.  The bill establishes that Business & Commerce Code provisions relating to the request for and availability of information from a filing office and the sale or license of records apply to a federal lien under provisions of the Uniform Federal Lien Registration Act.