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.
1-59 * * * * *