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.