By:  Marchant (Senate Sponsor - Brimer)                           H.B. No. 3414
	(In the Senate - Received from the House May 5, 2003; 
May 7, 2003, read first time and referred to Committee on 
Administration; May 16, 2003, reported favorably by the following 
vote:  Yeas 7, Nays 0; May 16, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the form used for filing a financing statement and 
certain other written records.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 9.516(b), Business & Commerce Code, is 
amended to read as follows:
	(b)  Filing does not occur with respect to a record that a 
filing office refuses to accept because:
		(1)  the record is not communicated by a method or 
medium of communication authorized by the filing office;
		(2)  an amount equal to or greater than the applicable 
filing fee is not tendered;
		(3)  the filing office is unable to index the record 
because:               
			(A)  in the case of an initial financing 
statement, the record does not provide a name for the debtor;
			(B)  in the case of an amendment or correction 
statement, the record:      
				(i)  does not identify the initial financing 
statement as required by Section 9.512 or 9.518, as applicable; or
				(ii)  identifies an initial financing 
statement whose effectiveness has lapsed under Section 9.515;
			(C)  in the case of an initial financing statement 
that provides the name of a debtor identified as an individual or an 
amendment that provides a name of a debtor identified as an 
individual that was not previously provided in the financing 
statement to which the record relates, the record does not identify 
the debtor's last name; or
			(D)  in the case of a record filed or recorded in 
the filing office described in Section 9.501(a)(1), the record does 
not provide a sufficient description of the real property to which 
it relates;
		(4)  in the case of an initial financing statement or an 
amendment that adds a secured party of record, the record does not 
provide a name and mailing address for the secured party of record;
		(5)  in the case of an initial financing statement or an 
amendment that provides a name of a debtor that was not previously 
provided in the financing statement to which the amendment relates, 
the record does not:
			(A)  provide a mailing address for the debtor;                               
			(B)  indicate whether the debtor is an individual 
or an organization; or   
			(C)  if the financing statement indicates that the 
debtor is an organization, provide:
				(i)  a type of organization for the debtor;                                 
				(ii)  a jurisdiction of organization for the 
debtor; or                   
				(iii)  an organizational identification 
number for the debtor or indicate that the debtor has none;
		(6)  in the case of an assignment reflected in an 
initial financing statement under Section 9.514(a) or an amendment 
filed under Section 9.514(b), the record does not provide a name and 
mailing address for the assignee; [or]
		(7)  in the case of a continuation statement, the 
record is not filed within the six-month period prescribed by 
Section 9.515(d); or
		(8)  the record is not on an industry standard form, 
including a national standard form or a form approved by the 
International Association of Commercial Administrators, adopted by 
rule by the secretary of state.
	SECTION 2.  Subchapter E, Chapter 9, Business & Commerce 
Code, is amended by adding Section 9.5211 to read as follows:
	Sec. 9.5211.  UNIFORM FORM OF WRITTEN FINANCING STATEMENT 
AND AMENDMENT.  (a)  Except as provided by Section 9.516(b), a 
filing office that accepts written records may not refuse to accept 
a written initial financing statement on an industry standard form, 
including a national standard form or a form approved by the 
International Association of Commercial Administrators, adopted by 
rule by the secretary of state.
	(b)  Except as provided by Section 9.516(b), a filing office 
that accepts written records may not refuse to accept a written 
record on an industry standard form, including a national standard 
form or a form approved by the International Association of 
Commercial Administrators, adopted by rule by the secretary of 
state.
	SECTION 3.  Section 9.521, Business & Commerce Code, is 
repealed.        
	SECTION 4.  This Act takes effect January 1, 2004, and 
applies only to a financing statement or written record due to be 
filed on or after that date.  A financing statement or written 
record due to be filed before the effective date of this Act is 
governed by the law in effect at the time the filing was made, and 
the former law is continued in effect for that purpose.



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