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A BILL TO BE ENTITLED
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AN ACT
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relating to the methods of submission of business filings; |
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increasing the amount of certain 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, Business Organizations Code, is |
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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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[comparable form of delivery] method approved by the secretary of |
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state. |
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(b) A person authorized by this code to sign a filing |
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instrument for an entity is not required to show evidence of the |
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person's authority as a requirement for filing. |
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SECTION 2. Section 405.032, Government Code, is amended by |
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amending Subsections (a)-(c) and adding Subsection (d) to read as |
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follows: |
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(a) The secretary of state may set [and collect] a fee not to |
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exceed $5,000 for the following: |
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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 |
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more 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[, a fee of not more than |
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$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, a fee in an amount |
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reasonable and necessary to cover the costs of establishing and |
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administering the system. Notwithstanding any other provision of |
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this code, the secretary of state is authorized to maintain a system |
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to provide expedited access by electronic data transmittal |
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processes to all information that is stored in state computer banks |
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maintained by the secretary of state and that is not classified as |
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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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cooperative association, unincorporated nonprofit 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 [corporations section] business filings division 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 |
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[Subsection (a)(2)] this section, the secretary of state shall |
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collect it in advance. |
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(c) The secretary of state shall deposit the fees in the |
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state treasury to the credit of the general revenue fund. |
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(d) For purposes of this section, "expedited handling" |
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means the processing of a document or order submitted by a person to |
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the secretary of state as required by the Business Organizations |
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Code or other law for which the person requires the document or |
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order to be filed or processed in a time period agreed upon by the |
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person and the secretary of state, including a processing time of |
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less than one business day. The secretary of state may decline any |
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request for expedited handling. If the secretary of state fails to |
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process the document in a time period agreed upon by the person and |
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the secretary of state, the secretary of state shall refund to the |
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person the expedited handling fee. |
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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 the effective date of |
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this Act is governed by the law in effect on the date the filing |
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instrument was delivered to the secretary of state, and the former |
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law is continued in effect 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 the processing of an expedited handling |
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submitted on or after the effective date of this Act. An expedited |
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handling submitted before the effective date of this Act is |
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governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. Section 4.001, Business Organizations Code, as |
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amended by this Act, takes effect immediately if it receives a vote |
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of two-thirds of all the members elected to each house, as provided |
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by Section 39, Article III, Texas Constitution. If this Act does |
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not receive the vote necessary for immediate effect, Section 4.001, |
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Business Organizations Code, as amended by this Act, shall take |
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effect September 1, 2025. |
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SECTION 6. Section 405.032, Government Code, as amended by |
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this Act, shall take effect January 1, 2026. |