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A BILL TO BE ENTITLED
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AN ACT
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relating to the method of delivery for certain filing instruments |
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submitted to and services provided by the secretary of state and the |
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threshold amount of certain related fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4.001(a), Business Organizations Code, |
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is amended to read as follows: |
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(a) A filing instrument must be: |
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(1) signed by a person authorized by this code to act |
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on behalf of the entity in regard to the filing instrument; and |
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(2) delivered to the secretary of state in person or by |
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mail, courier, [facsimile or] electronic transmission, or any other |
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method approved by the secretary of state [comparable form of |
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delivery]. |
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SECTION 2. Section 405.032, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (b-1), |
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(b-2), and (d) to read as follows: |
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(a) The secretary of state may set and collect a reasonable |
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fee not to exceed $5,000 for providing the following services: |
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(1) [for] the expedited handling of a certified record |
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search or expedited filing of a document in the security interest |
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and financing statement records of the secretary[, a fee of not more |
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than $15]; |
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(2) [for] the expedited filing or reviewing of a |
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document relating to a profit or nonprofit corporation, |
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professional corporation or association, cooperative association, |
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unincorporated nonprofit association, limited or general |
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partnership, or limited liability company, including the expedited |
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filing of a document under Chapter 4, Business Organizations Code, |
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or other law [, a fee of not more than $25]; |
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(3) [for] the expedited access or access by electronic |
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data transmittal processes to data that is stored in state computer |
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record banks maintained by the secretary, provided that the [a] fee |
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is in an amount reasonable and necessary to cover the costs of |
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establishing and administering the system. Notwithstanding any |
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other provision of this code, the secretary is authorized to |
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maintain a system to provide expedited access by electronic data |
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transmittal processes to all information that is stored in state |
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computer banks maintained by the secretary and that is not |
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classified as confidential by statute or a court decision; and |
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(4) [for] the expedited handling of a request for a |
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certified copy or certificate of fact relating to a profit or |
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nonprofit corporation, professional corporation or association, |
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limited or general partnership, limited liability company, assumed |
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name, trademark document, or other document filed for public record |
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with the appropriate division or [corporations] section of the |
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office of the secretary of state[, a fee of not more than $10 a copy |
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or certificate]. |
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(b) If the secretary of state collects a fee under this |
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section [Subsection (a)(2)], the secretary of state shall collect |
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it in advance. |
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(b-1) The secretary of state may decline a request for |
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expedited handling, filing, access, or other treatment under this |
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section. |
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(b-2) If the secretary of state declines a request or |
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otherwise fails to provide expedited handling, filing, access, or |
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other treatment under this section, the secretary shall issue a |
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refund to the person of the fee paid by the person under this |
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section for that service. |
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(d) For purposes of this section, "expedited" with respect |
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to the handling or filing of a record, copy, or other document means |
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handling or filing the document in a shorter than usual time frame |
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agreed on by the person and the secretary of state, including a time |
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frame of less than one business day. |
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SECTION 3. Section 4.001, Business Organizations Code, as |
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amended by this Act, applies only to a filing instrument delivered |
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to the secretary of state on or after the effective date of this |
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Act. A filing instrument delivered before that date is governed by |
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the law in effect on the date the filing instrument was delivered to |
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the secretary of state, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. Section 405.032, Government Code, as amended by |
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this Act, applies only to a request for expedited treatment made to |
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the secretary of state on or after January 1, 2026. A request for |
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expedited treatment made before that date is governed by the law in |
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effect on the date the request was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |