HBA-ATS H.B. 2347 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2347
By: Brimer
Business & Industry
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

The secretary of state (secretary) is authorized to set and collect fees
for the expedited review and processing of certain documents filed with the
secretary.  For 20 years, fees have remained unchanged.  Consequently,  the
cost of reviewing and processing these documents in some cases now exceeds
the revenue collected from the fees.  H.B. 2347 increases the amount of
fees for the expedited review and processing of these documents.  The
maximum fee for the expedited handling of a document in the security
interest and financing statement records of the secretary is increased from
$5 to $15.  Likewise, the maximum fee for the expedited filing or reviewing
of a document relating to a profit or nonprofit corporation, professional
corporation or association, cooperative association, unincorporated
nonprofit association, limited or general partnership, or limited liability
company has been increased from $10 to $25.  In addition, the maximum fee
for the expedited handling of a request for a certified copy or certificate
of fact relating to a corporation, limited partnership, assumed name,
trademark document, or other document filed for public record with the
corporations section of the office of the secretary of state is increased
from $5 to $10 per copy or certificate. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 405.032(a), Government Code, to increase the
maximum amount of fees the secretary of state (secretary) is authorized to
set and collect for the filing or handling of certain documents.  The
maximum fee that may be set and collected for the expedited handling of a
document in the security interest and financing statement records of the
secretary, rather than for the expedited handling of a document under
Chapter 9 (Secured Transactions; Sales of Accounts and Chattel Paper) or 35
(Miscellaneous), Business & Commerce, or Chapter 14 (Uniform Federal Lien
Registration Act), Property Code, is increased from $5 to $15.  A document
relating to an unincorporated nonprofit association is included among the
business entity documents for which the maximum amount of a fee for the
expedited handling or a reviewing is increased from $10 to $25. The maximum
fee that may be set and collected for the expedited handling of a request
for a certified copy or certificate of fact relating to public records of
business entities filed with the secretary of state is increased from $5 to
$10. 

SECTION 2.  Amends Section 405.033, Government Code, to authorize the
secretary to revoke the filing of any document filed, rather than a
document filed by or on behalf of a corporation, with the secretary of
state if the secretary determines that the filing fees were not rendered. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.