By: Fraser S.B. No. 1699
A BILL TO BE ENTITLED
AN ACT
relating to consistency among certain secretary of state filings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (b), Section 9.525, Business &
Commerce Code, are amended to read as follows:
(a) Except as otherwise provided in Subsections (b), (e),
and (f), the fee for filing and indexing a record under this
subchapter[, other than an initial financing statement of the kind
described in Subsection (b),] is:
(1) $15 if the record is communicated in writing and
consists of one or two pages;
(2) $30 if the record is communicated in writing and
consists of more than two pages; and
(3) $5 if the record is communicated by another medium
authorized by filing-office rule.
(b) Except as otherwise provided in Subsection (e), the fee
for filing and indexing an initial financing statement of the
following kinds is:
(1) $60 if the financing statement indicates that it
is filed in connection with a public-finance transaction; [and]
(2) $60 if the financing statement indicates that it
is filed in connection with a manufactured-home transaction; and
(3) $60 if the debtor is a transmitting utility.
SECTION 2. Subsection (b), Section 9.526, Business &
Commerce Code, is amended to read as follows:
(b) To keep the filing-office rules and practices of the
filing office in harmony with the rules and practices of filing
offices in other jurisdictions that enact substantially this
subchapter, and to keep the technology used by the filing office
compatible with the technology used by filing offices in other
jurisdictions that enact substantially this subchapter, the
Secretary of State, so far as is consistent with the purposes,
policies, and provisions of this chapter, in adopting, amending,
and repealing filing-office rules, shall:
(1) consult with filing offices in other jurisdictions
that enact substantially this subchapter;
(2) consult the most recent version of the Model
Administrative Rules promulgated by the International Association
of Commercial [Corporation] Administrators or any successor
organization; and
(3) take into consideration the rules and practices
of, and the technology used by, filing offices in other
jurisdictions that enact substantially this subchapter.
SECTION 3. Section 9.527, Business & Commerce Code, is
amended to read as follows:
Sec. 9.527. DUTY TO REPORT. The Secretary of State shall
report before January 1 of each odd-numbered year to the
Legislature on the operation of the filing office. The report must
contain a statement of the extent to which:
(1) the filing-office rules are not in harmony with
the rules of filing offices in other jurisdictions that enact
substantially this subchapter and the reasons for these variations;
and
(2) the filing-office rules are not in harmony with
the most recent version of the Model Administrative Rules
promulgated by the International Association of Commercial
[Corporation] Administrators, or any successor organization, and
the reasons for these variations.
SECTION 4. Subsection (b), Section 261.009, Business &
Commerce Code, is amended to read as follows:
(b) The amount of the fee for a certificate under this
section is[:
[(1) $10, if] the same as the amount of the fee
provided by Section 9.525(d) [request for the certificate is in the
standard form prescribed by the secretary of state; or
[(2) $25, if the request is not in the standard form].
SECTION 5. Subsection (b), Section 261.010, Business &
Commerce Code, is amended to read as follows:
(b) The fee for a copy under this section is in the amount
provided by Section 405.031, Government Code [$1.50 per page, but
may not be less than $5 or more than $100 for each request
concerning a particular utility].
SECTION 6. Subsection (b), Section 128.031, Agriculture
Code, is amended to read as follows:
(b) The amount of the fee for a certificate under Subsection
(a) is the same as the amount of the fee provided by Section
9.525(d), Business & Commerce Code [shall be established by the
secretary of state in an amount necessary to cover the cost of
administering this section].
SECTION 7. Subsection (b), Section 128.032, Agriculture
Code, is amended to read as follows:
(b) The fee for a copy of a notice of claim of lien obtained
under Subsection (a) is in the amount provided by Section 405.031,
Government Code [shall be established by the secretary of state in
an amount necessary to cover the cost of administering this
section].
SECTION 8. Subsection (b), Section 188.031, Agriculture
Code, is amended to read as follows:
(b) The amount of the fee for a certificate under Subsection
(a) is the same as the amount of the fee provided by Section
9.525(d), Business & Commerce Code [shall be established by the
secretary of state in an amount necessary to cover the cost of
administering this section].
SECTION 9. Subsection (b), Section 188.032, Agriculture
Code, is amended to read as follows:
(b) The fee for a copy of a notice of claim of lien obtained
under Subsection (a) is in the amount provided by Section 405.031,
Government Code [shall be established by the secretary of state in
an amount necessary to cover the cost of administering this
section].
SECTION 10. Section 14.004, Property Code, is amended by
amending Subsection (d) and adding Subsection (e) to read as
follows:
(d) Upon request of any person, the filing officer shall
issue his certificate showing whether there is on file, on a [the]
date and time specified by the filing office, but not a date earlier
than three business days before the date the filing office receives
the request [hour stated therein], any notice of lien or
certificate or notice affecting any lien filed under this chapter
or filed under the Uniform Federal Tax Lien Registration Act
(Subchapter C, Chapter 113, Tax Code) on or after January 1, 1972,
naming a particular person, and if a notice or certificate is on
file, giving the date and hour of filing of each notice or
certificate. The amount of the fee for a certificate is the same as
the amount of the fee provided by Section 9.525(d), Business &
Commerce Code [$10]. Upon request, the filing officer shall
furnish a copy of any notice of federal lien. The fee for a copy
furnished under this section is in the amount provided by Section
405.031, Government Code[, or notice or certificate affecting a
federal lien, for a fee of $1.50 per page].
(e) Section 9.523, Business & Commerce Code, applies to a
federal lien filed under this chapter.
SECTION 11. This Act takes effect September 1, 2009.