By:  Ratliff                                          S.B. No. 1837

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     secretary of state.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 405.032(a), Government Code, is amended

 1-5     to read as follows:

 1-6           (a)  The secretary of state may set and collect the

 1-7     following:

 1-8                 (1)  for the expedited handling of a certified record

 1-9     search or expedited filing of a document in the security interest

1-10     and financing statement records of the secretary [under Chapter 9

1-11     or 35, Business & Commerce Code, or Chapter 14, Property Code], a

1-12     fee of not more than $25 [$5];

1-13                 (2)  for the expedited filing or reviewing of a

1-14     document relating to a profit or nonprofit corporation,

1-15     professional corporation or association, cooperative association,

1-16     unincorporated nonprofit association, limited or general

1-17     partnership, or limited liability company, a fee of not more than

1-18     $50 [$10];

1-19                 (3)  for the expedited access or access by electronic

1-20     data transmittal processes to data that is stored in state computer

1-21     record banks maintained by the secretary, a fee in an amount

 2-1     reasonable and necessary to cover the costs of establishing and

 2-2     administering the system.  Notwithstanding any other provision of

 2-3     this code, the secretary is authorized to maintain a system to

 2-4     provide expedited access by electronic data transmittal processes

 2-5     to all information that is stored in state computer banks

 2-6     maintained by the secretary and that is not classified as

 2-7     confidential by statute or a court decision; and

 2-8                 (4)  for the expedited handling of a request for a

 2-9     certified copy or certificate of fact relating to a corporation,

2-10     limited partnership, assumed name, trademark document, or other

2-11     document filed for public record with the corporations section of

2-12     the office of the secretary of state, a fee of not more than $10 a

2-13     copy or certificate.

2-14           SECTION 2.  Section 405.033, Government Code, is amended to

2-15     read as follows:

2-16           Sec. 405.033.  REVOCATION OF FILING FOR NONPAYMENT.  The

2-17     secretary of state may revoke the filing of a document filed [by or

2-18     on behalf of a corporation] with the office of the secretary of

2-19     state if the secretary of state determines that the filing fee for

2-20     the document has not been paid or was paid by an instrument that

2-21     was dishonored when presented by the state for payment.  The

2-22     secretary of state shall return the document and give notice of

2-23     revocation to the filing party by regular mail.  Failure to give or

2-24     receive notice does not invalidate the revocation.

2-25           SECTION 3.  This Act takes effect September 1, 1997.

 3-1           SECTION 4.  The importance of this legislation and the

 3-2     crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended.