By Brimer                                             H.B. No. 2347
         76R5772 WP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain business documents filed and recorded with the
 1-3     secretary of state.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 405.032(a), Government Code, is amended
 1-6     to read as follows:
 1-7           (a)  The secretary of state may set and collect the
 1-8     following:
 1-9                 (1)  for the expedited handling of a certified record
1-10     search or expedited filing of a document in the security interest
1-11     and financing statement records of the secretary [under Chapter 9
1-12     or 35, Business & Commerce Code, or Chapter 14, Property Code], a
1-13     fee of not more than $15 [$5];
1-14                 (2)  for the expedited filing or reviewing of a
1-15     document relating to a profit or nonprofit corporation,
1-16     professional corporation or association, cooperative association,
1-17     unincorporated nonprofit association, limited or general
1-18     partnership, or limited liability company, a fee of not more than
1-19     $25 [$10];
1-20                 (3)  for the expedited access or access by electronic
1-21     data transmittal processes to data that is stored in state computer
1-22     record banks maintained by the secretary, a fee in an amount
1-23     reasonable and necessary to cover the costs of establishing and
1-24     administering the system.  Notwithstanding any other provision of
 2-1     this code, the secretary is authorized to maintain a system to
 2-2     provide expedited access by electronic data transmittal processes
 2-3     to all information that is stored in state computer banks
 2-4     maintained by the secretary and that is not classified as
 2-5     confidential by statute or a court decision;  and
 2-6                 (4)  for the expedited handling of a request for a
 2-7     certified copy or certificate of fact relating to a corporation,
 2-8     limited partnership, assumed name, trademark document, or other
 2-9     document filed for public record with the corporations section of
2-10     the office of the secretary of state, a fee of not more than $10
2-11     [$5] a copy or certificate.
2-12           SECTION 2.  Section 405.033, Government Code, is amended to
2-13     read as follows:
2-14           Sec. 405.033.  REVOCATION OF FILING FOR NONPAYMENT.  The
2-15     secretary of state may revoke the filing of a document filed [by or
2-16     on behalf of a corporation] with the office of the secretary of
2-17     state if the secretary of state determines that the filing fee for
2-18     the document has not been paid or was paid by an instrument that
2-19     was dishonored when presented by the state for payment.  The
2-20     secretary of state shall return the document and give notice of
2-21     revocation to the filing party by regular mail.  Failure to give or
2-22     receive notice does not invalidate the revocation.
2-23           SECTION 3.  This Act takes effect September 1, 1999.
2-24           SECTION 4.  The importance of this legislation and the
2-25     crowded condition of the calendars in both houses create an
2-26     emergency and an imperative public necessity that the
2-27     constitutional rule requiring bills to be read on three several
 3-1     days in each house be suspended, and this rule is hereby suspended.