By:  Ratliff                                          S.B. No. 1838

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to fees charged for records filed with and maintained by

 1-2     the secretary of state.

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

 1-4           SECTION 1.  Subsections (a) and (b), Section 405.031,

 1-5     Government Code, are amended to read as follows:

 1-6           (a)  The secretary of state shall charge for the use of the

 1-7     state the following:

 1-8                 (1)  for each official certificate, a fee of $10; [and]

 1-9                 (2)  for a certified copy of a record in the secretary

1-10     of state's office, a fee of $1 a page in addition to the fee for

1-11     the certificate;

1-12                 (3)  for preparing and furnishing for a corporation,

1-13     limited partnership, limited liability company, or registered

1-14     limited liability partnership a certificate of existence or

1-15     authorization that reflects any filing effecting changes to the

1-16     entity's organizational documents or certificate of registration or

1-17     authorization and the dates of those filings, a fee of $25; and

1-18                 (4)  for the maintenance by the secretary of state of a

1-19     record of the service of any process, notice, or demand authorized

1-20     to be made on the secretary of state as agent, and for forwarding

1-21     the process, notice, or demand, a fee of $40 per person or party

1-22     served through the secretary of state [and $5 for certification].

1-23           (b)  The secretary of state may charge a fee of $5 [$2] for a

 2-1     search of records in the secretary of state's office if written

 2-2     evidence of the search is required.

 2-3           SECTION 2.  Section A, Article 10.01, Texas Business

 2-4     Corporation Act, is amended to read as follows:

 2-5           A.  The Secretary of State is authorized and required to

 2-6     collect for the use of the State the following fees:

 2-7                 (1)  Filing articles of incorporation of a domestic

 2-8     corporation and issuing a certificate of incorporation, Three

 2-9     Hundred Dollars ($300.00).

2-10                 (2)  Filing articles of amendment of a domestic

2-11     corporation and issuing a certificate of amendment, One Hundred

2-12     Fifty Dollars ($150.00).

2-13                 (3)  Filing articles of merger [or consolidation],

2-14     whether the surviving or new corporation be a domestic or foreign

2-15     corporation, Three Hundred Dollars ($300.00).

2-16                 (4)  Filing an application of a foreign corporation for

2-17     a certificate of authority to transact business in this State and

2-18     issuing such a certificate of authority, Seven Hundred Fifty

2-19     Dollars ($750.00).

2-20                 (5)  Filing an application of a foreign corporation for

2-21     an amended certificate of authority to transact business in this

2-22     State and issuing such an amended certificate of authority, One

2-23     Hundred Fifty Dollars ($150.00).

2-24                 (6)  Filing restated articles of incorporation of a

2-25     domestic corporation, Three Hundred Dollars ($300.00).

 3-1                 (7)  Filing application for reservation of corporate

 3-2     name and issuing a certificate therefor, Forty Dollars ($40.00).

 3-3                 (8)  Filing notice of transfer of reserved corporate

 3-4     name and issuing a certificate therefor, Fifteen Dollars ($15.00).

 3-5                 (9)  Filing application for registration of corporate

 3-6     name and issuing a certificate therefor, Seventy-Five Dollars

 3-7     ($75.00).

 3-8                 (10)  Filing application for renewal of registration of

 3-9     corporate name and issuing a certificate therefor, Seventy-Five

3-10     Dollars ($75.00).

3-11                 (11)  Filing statement of change of registered office

3-12     or registered agent, or both, Fifteen Dollars ($15.00).

3-13                 (12)  Filing statement of change of address of

3-14     registered agent, Fifteen Dollars ($15.00);  provided, however,

3-15     that the maximum fee for simultaneous filings by a registered agent

3-16     for more than one corporation shall not exceed Seven Hundred Fifty

3-17     Dollars ($750.00).

3-18                 (13)  Filing statement of resolution establishing

3-19     series of shares, Fifteen Dollars ($15.00).

3-20                 (14)  Filing statement of cancellation of redeemable

3-21     shares, Fifteen Dollars ($15.00).

3-22                 (15)  Filing statement of cancellation of re-acquired

3-23     shares, Fifteen Dollars ($15.00).

3-24                 (16)  Filing statement of reduction of stated capital,

3-25     Fifteen Dollars ($15.00).

 4-1                 (17)  Filing articles of dissolution and issuing

 4-2     certificate therefor, Forty Dollars ($40.00).

 4-3                 (18)  Filing application for withdrawal and issuing

 4-4     certificate therefor, Fifteen Dollars ($15.00).

 4-5                 (19)  Filing certificate from home state that foreign

 4-6     corporation is no longer in existence in said state, Fifteen

 4-7     Dollars ($15.00).

 4-8                 (20)  [Maintaining a record of service of any process,

 4-9     notice or demand upon the Secretary of State as agent for foreign

4-10     and domestic corporations and for any foreign association, joint

4-11     stock company, partnership, or nonresident natural person, Forty

4-12     Dollars ($40.00).]

4-13                 [(21)]  Filing a bylaw or agreement restricting

4-14     transfer of shares or securities other than as an amendment to the

4-15     articles of incorporation, Fifteen Dollars ($15.00).

4-16                 (21) [(22)]  Filing any instrument pursuant to this Act

4-17     not expressly provided for above, Fifteen Dollars ($15.00).

4-18                 (22) [(23)]  Filing application for reinstatement of

4-19     corporate charter or certificate of authority following forfeiture

4-20     under the Tax Code, Seventy-Five Dollars ($75.00).

4-21           SECTION 3.  Section A, Article 9.01, Texas Limited Liability

4-22     Company Act (Article 1528n, Vernon's Texas Civil Statutes), is

4-23     amended to read as follows:

4-24           A.  The Secretary of State is authorized and required to

4-25     collect for the use of the State the following fees:

 5-1                 (1)  Filing articles of organization of a domestic

 5-2     limited liability company and issuing the certificate of

 5-3     organization, Two Hundred Dollars ($200.00).

 5-4                 (2)  Filing articles of amendment of a domestic limited

 5-5     liability company and issuing the certificate of amendment, One

 5-6     Hundred Dollars ($100.00).

 5-7                 (3)  Filing articles of merger involving one or more

 5-8     domestic or foreign limited liability companies:

 5-9                       (a)  Two Hundred Dollars ($200.00), if another

5-10     type of domestic entity is not a party to the merger; or

5-11                       (b)  the greater of Two Hundred Dollars ($200.00)

5-12     or the highest filing fee for articles of merger under the

5-13     applicable Texas statute under which the other domestic entity or

5-14     entities are incorporated or organized, if another type of domestic

5-15     entity is party to the merger.

5-16                 (4)  Filing an application of a foreign limited

5-17     liability company for certificate of authority to transact business

5-18     in this state and issuing such a certificate of authority, Five

5-19     Hundred Dollars ($500.00).

5-20                 (5)  Filing an application of a foreign limited

5-21     liability company for an amended certificate of authority to

5-22     transact business in this state and issuing such an amended

5-23     certificate of authority, One Hundred Dollars ($100.00).

5-24                 (6)  Filing restated articles of organization of a

5-25     domestic limited liability company, Two Hundred Dollars ($200.00).

 6-1                 (7)  Filing application for reservations of a limited

 6-2     liability company name and issuing certificate thereof, Twenty-Five

 6-3     Dollars ($25.00).

 6-4                 (8)  Filing notice of transfer of reserved limited

 6-5     liability company name and issuing a certificate therefor, Ten

 6-6     Dollars ($10.00).

 6-7                 (9)  Filing statement of change of registered office or

 6-8     registered agent, or both, Ten Dollars ($10.00).

 6-9                 (10)  Filing statement of change of address of

6-10     registered agent, Ten Dollars ($10.00);  provided, however, that

6-11     the maximum fee for simultaneous filings by a registered agent for

6-12     more than one limited liability company shall not exceed Five

6-13     Hundred Dollars ($500.00).

6-14                 (11)  Filing articles of dissolution and issuing

6-15     certificate therefor, Twenty-Five Dollars ($25.00).

6-16                 (12)  Filing application for withdrawal and issuing

6-17     certificate therefor, Ten Dollars ($10.00).

6-18                 (13)  Filing certificate from home state that foreign

6-19     limited liability company is no longer existent in said state, Ten

6-20     Dollars ($10.00).

6-21                 (14)  [Maintaining the record of service of any

6-22     process, notice or demand upon the Secretary of State as agent for

6-23     foreign and domestic limited liability companies, Twenty-Five

6-24     Dollars ($25.00).]

6-25                 [(15)]  Filing any instrument pursuant to this act not

 7-1     expressly provided for above, Ten Dollars ($10.00).

 7-2           SECTION 4.  Subsection (D), Section 5.20, Texas Real Estate

 7-3     Investment Trust Act (Article 6138A, Vernon's Texas Civil

 7-4     Statutes), is amended to read as follows:

 7-5           (D)  The secretary of state shall collect for state use the

 7-6     fee for maintaining a record of service of any process, notice, or

 7-7     demand on the secretary of state as agent for any real estate

 7-8     investment trust under this Section that is established by Section

 7-9     405.031(a), Government Code [A(20), Article 10.01, Texas Business

7-10     Corporation Act].

7-11           SECTION 5.  Subsection (e), Section 17.091, Civil Practice

7-12     and Remedies Code, is amended to read as follows:

7-13           (e)  Service of process on the secretary of state under this

7-14     section must be accompanied by the fee provided by Section

7-15     405.031(a), Government Code [A(20), Article 10.01, Texas Business

7-16     Corporation Act], for the maintenance by the secretary of state of

7-17     a record of the service of process.

7-18           SECTION 6.  This Act takes effect September 1, 1997.

7-19           SECTION 7.  The importance of this legislation and the

7-20     crowded condition of the calendars in both houses create an

7-21     emergency and an imperative public necessity that the

7-22     constitutional rule requiring bills to be read on three several

7-23     days in each house be suspended, and this rule is hereby suspended.