1-1     By:  Ratliff                                          S.B. No. 1837

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Economic Development;

 1-4     April 11, 1997, reported favorably by the following vote:  Yeas 10,

 1-5     Nays 0; April 11, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to certain business documents filed and recorded with the

 1-9     secretary of state.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subsection (a), Section 405.032, Government Code,

1-12     is amended to read as follows:

1-13           (a)  The secretary of state may set and collect the

1-14     following:

1-15                 (1)  for the expedited handling of a certified record

1-16     search or expedited filing of a document in the security interest

1-17     and financing statement records of the secretary [under Chapter 9

1-18     or 35, Business & Commerce Code, or Chapter 14, Property Code], a

1-19     fee of not more than $25 [$5];

1-20                 (2)  for the expedited filing or reviewing of a

1-21     document relating to a profit or nonprofit corporation,

1-22     professional corporation or association, cooperative association,

1-23     unincorporated nonprofit association, limited or general

1-24     partnership, or limited liability company, a fee of not more than

1-25     $50 [$10];

1-26                 (3)  for the expedited access or access by electronic

1-27     data transmittal processes to data that is stored in state computer

1-28     record banks maintained by the secretary, a fee in an amount

1-29     reasonable and necessary to cover the costs of establishing and

1-30     administering the system.  Notwithstanding any other provision of

1-31     this code, the secretary is authorized to maintain a system to

1-32     provide expedited access by electronic data transmittal processes

1-33     to all information that is stored in state computer banks

1-34     maintained by the secretary and that is not classified as

1-35     confidential by statute or a court decision; and

1-36                 (4)  for the expedited handling of a request for a

1-37     certified copy or certificate of fact relating to a corporation,

1-38     limited partnership, assumed name, trademark document, or other

1-39     document filed for public record with the corporations section of

1-40     the office of the secretary of state, a fee of not more than $10

1-41     [$5] a copy or certificate.

1-42           SECTION 2.  Section 405.033, Government Code, is amended to

1-43     read as follows:

1-44           Sec. 405.033.  REVOCATION OF FILING FOR NONPAYMENT.  The

1-45     secretary of state may revoke the filing of a document filed [by or

1-46     on behalf of a corporation] with the office of the secretary of

1-47     state if the secretary of state determines that the filing fee for

1-48     the document has not been paid or was paid by an instrument that

1-49     was dishonored when presented by the state for payment.  The

1-50     secretary of state shall return the document and give notice of

1-51     revocation to the filing party by regular mail.  Failure to give or

1-52     receive notice does not invalidate the revocation.

1-53           SECTION 3.  This Act takes effect September 1, 1997.

1-54           SECTION 4.  The importance of this legislation and the

1-55     crowded condition of the calendars in both houses create an

1-56     emergency and an imperative public necessity that the

1-57     constitutional rule requiring bills to be read on three several

1-58     days in each house be suspended, and this rule is hereby suspended.

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