HBA-ATS H.B. 2347 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2347 By: Brimer Business & Industry 3/24/1999 Introduced BACKGROUND AND PURPOSE The secretary of state (secretary) is authorized to set and collect fees for the expedited review and processing of certain documents filed with the secretary. For 20 years, fees have remained unchanged. Consequently, the cost of reviewing and processing these documents in some cases now exceeds the revenue collected from the fees. H.B. 2347 increases the amount of fees for the expedited review and processing of these documents. The maximum fee for the expedited handling of a document in the security interest and financing statement records of the secretary is increased from $5 to $15. Likewise, the maximum fee for the expedited filing or reviewing of a document relating to a profit or nonprofit corporation, professional corporation or association, cooperative association, unincorporated nonprofit association, limited or general partnership, or limited liability company has been increased from $10 to $25. In addition, the maximum fee for the expedited handling of a request for a certified copy or certificate of fact relating to a corporation, limited partnership, assumed name, trademark document, or other document filed for public record with the corporations section of the office of the secretary of state is increased from $5 to $10 per copy or certificate. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 405.032(a), Government Code, to increase the maximum amount of fees the secretary of state (secretary) is authorized to set and collect for the filing or handling of certain documents. The maximum fee that may be set and collected for the expedited handling of a document in the security interest and financing statement records of the secretary, rather than for the expedited handling of a document under Chapter 9 (Secured Transactions; Sales of Accounts and Chattel Paper) or 35 (Miscellaneous), Business & Commerce, or Chapter 14 (Uniform Federal Lien Registration Act), Property Code, is increased from $5 to $15. A document relating to an unincorporated nonprofit association is included among the business entity documents for which the maximum amount of a fee for the expedited handling or a reviewing is increased from $10 to $25. The maximum fee that may be set and collected for the expedited handling of a request for a certified copy or certificate of fact relating to public records of business entities filed with the secretary of state is increased from $5 to $10. SECTION 2. Amends Section 405.033, Government Code, to authorize the secretary to revoke the filing of any document filed, rather than a document filed by or on behalf of a corporation, with the secretary of state if the secretary determines that the filing fees were not rendered. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.