By Brimer                                       H.B. No. 2631

      75R7248 BEM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain business documents filed and recorded with the

 1-3     secretary of state.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 405.032(a), Government Code, is amended

 1-6     to read as follows:

 1-7           (a)  The secretary of state may set and collect the

 1-8     following:

 1-9                 (1)  for the expedited handling of a certified record

1-10     search or expedited filing of a document in the security interest

1-11     and financing statement records of the secretary [under Chapter 9

1-12     or 35, Business & Commerce Code, or Chapter 14, Property Code], a

1-13     fee of not more than $25 [$5];

1-14                 (2)  for the expedited filing or reviewing of a

1-15     document relating to a profit or nonprofit corporation,

1-16     professional corporation or association, cooperative association,

1-17     unincorporated nonprofit association, limited or general

1-18     partnership, or limited liability company, a fee of not more than

1-19     $50 [$10];

1-20                 (3)  for the expedited access or access by electronic

1-21     data transmittal processes to data that is stored in state computer

1-22     record banks maintained by the secretary, a fee in an amount

1-23     reasonable and necessary to cover the costs of establishing and

1-24     administering the system.  Notwithstanding any other provision of

 2-1     this code, the secretary is authorized to maintain a system to

 2-2     provide expedited access by electronic data transmittal processes

 2-3     to all information that is stored in state computer banks

 2-4     maintained by the secretary and that is not classified as

 2-5     confidential by statute or a court decision;  and

 2-6                 (4)  for the expedited handling of a request for a

 2-7     certified copy or certificate of fact relating to a corporation,

 2-8     limited partnership, assumed name, trademark document, or other

 2-9     document filed for public record with the corporations section of

2-10     the office of the secretary of state, a fee of not more than $5 a

2-11     copy or certificate.

2-12           SECTION 2.  Section 405.033, Government Code, is amended to

2-13     read as follows:

2-14           Sec. 405.033.  REVOCATION OF FILING FOR NONPAYMENT.  The

2-15     secretary of state may revoke the filing of a document filed [by or

2-16     on behalf of a corporation] with the office of the secretary of

2-17     state if the secretary of state determines that the filing fee for

2-18     the document has not been paid or was paid by an instrument that

2-19     was dishonored when presented by the state for payment.  The

2-20     secretary of state shall return the document and give notice of

2-21     revocation to the filing party by regular mail.  Failure to give or

2-22     receive notice does not invalidate the revocation.

2-23           SECTION 3.  This Act takes effect September 1, 1997.

2-24           SECTION 4.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended.