1-1     By:  Shapiro                                           S.B. No. 570
 1-2           (In the Senate - Filed February 17, 1999; February 18, 1999,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     March 15, 1999, reported favorably by the following vote:  Yeas 8,
 1-5     Nays 0; March 15, 1999, 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 $15 [$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     $25 [$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, 1999.
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.
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