SRC-DPW S.B. 527 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 527
76R5768 DWS-FBy: Shapiro
State Affairs
2/24/1999
As Filed


DIGEST 

Currently, Chapter 36, Business & Commerce Code, requires notarized assumed
name documents to be filed with the secretary of state.  The execution
requirements  of such documents are not in line with the execution
requirements of other documents filed with the secretary of state by
various entities.  This bill would eliminate the notarization requirement
for assumed name documents, authorize the secretary of state to accept for
filing reproduced copies of originally signed assumed name documents, and
would set forth penalties for intentional violations of Chapter 36. 

PURPOSE

As proposed, S.B. 527 provides guidelines for the execution and filing of
assumed name certificates and penalties for violations of provisions of
Chapter 36, Business & Commerce Code. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 36.11(b), Business & Commerce Code, to require a
certificate filed in the office of the Secretary of State to be executed,
rather than executed and acknowledged.  Requires a certificate filed in the
office of the county clerk to be executed and acknowledged in a manner
provided by Section 36.10(b) of this code.  Makes conforming changes. 

SECTION 2. Amends Section 36.13, Business & Commerce Code, as follows:

Sec. 36.13. New heading: DURATION AND RENEWAL OF CERTIFICATE. Deletes
existing Subsections (d) and (e), requiring assumed name certificates to
become null and void, and requiring the county clerk to provide written
notification of business conducted under an assumed name. 

SECTION 3. Amends Chapter 36B, Business & Commerce Code, by adding Section
36.18, as follows: 

Sec. 36.18. FILING OF REPRODUCTION. Authorizes the Secretary of State to
accept a photographic, photostatic, reproduced copy, or a facsimile, of a
signed document required or authorized to be filed in the office of the
Secretary of State. 

SECTION 4. Amends Section 36.26, Business & Commerce Code, as follows:

Sec. 36.26. New heading: CRIMINAL PENALTY--GENERAL VIOLATION. Provides that
a person conducting business under an assumed name who intentionally
violates a provision of this chapter commits a Class A misdemeanor.
Deletes text regarding a misdemeanor offense and a fine. 

SECTION 5. Amends Chapter 36C, Business & Commerce Code, by adding Section
36.27, as follows: 

Sec. 36.27. CRIMINAL PENALTY--FRAUDULENT FILING.  Prohibits a person from
intentionally signing and presenting a document for filing under this
chapter if the document falsely grants authority to the person signing the
document, contains a material false statement, or is forged.  Provides that
a person who violates Subsection (a) of this section commits an  offense
punishable under Section 37.10, Penal Code. 

SECTION 6. Makes application of the Act prospective.

SECTION 7. Effective date: September 1, 1999.

SECTION 8. Emergency clause.