74R9262 DWS-F
By Brady H.B. No. 3162
Substitute the following for H.B. No. 3162:
By Crabb C.S.H.B. No. 3162
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the electronic filing of financing statements and
1-3 related documents.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 9, Business & Commerce Code, is amended
1-6 by adding Section 9.412 to read as follows:
1-7 Sec. 9.412. ELECTRONIC FILING. A financing statement or
1-8 other document filed under this subchapter may be filed
1-9 electronically if the document otherwise complies with the
1-10 requirements of Section 9.402 and rules adopted by the secretary of
1-11 state. If the debtor's signature is required by this subchapter to
1-12 be on a financing statement, the secured party must obtain a
1-13 financing statement signed by the debtor or other writing signed by
1-14 the debtor authorizing the filing of a financing statement. The
1-15 filing officer may adopt practices, procedures, and appropriate
1-16 rules for the use of electronic and other technologies for the
1-17 filing of financing statements or other documents, records
1-18 retention, and provision of information. This article does not
1-19 require a financing statement or other document to be on paper and
1-20 shall be construed to permit use of other technologies as provided
1-21 by rules adopted by the filing officer. The filing officer may
1-22 establish reasonable fees for the provision of electronic
1-23 information services.
2-1 SECTION 2. This Act takes effect September 1, 1995.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.