Texas 2009 - 81st Regular

Texas Senate Bill SB1699 Compare Versions

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1	1	S.B. No. 1699
2	2
3	3
4	4	AN ACT
5	5	relating to consistency among certain secretary of state filings.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subsections (a) and (b), Section 9.525, Business &
8	8	Commerce Code, are amended to read as follows:
9	9	(a) Except as otherwise provided in Subsections (b), (e),
10	10	and (f), the fee for filing and indexing a record under this
11	11	subchapter[, other than an initial financing statement of the kind
12	12	described in Subsection (b),] is:
13	13	(1) $15 if the record is communicated in writing and
14	14	consists of one or two pages;
15	15	(2) $30 if the record is communicated in writing and
16	16	consists of more than two pages; and
17	17	(3) $5 if the record is communicated by another medium
18	18	authorized by filing-office rule.
19	19	(b) Except as otherwise provided in Subsection (e), the fee
20	20	for filing and indexing an initial financing statement of the
21	21	following kinds is:
22	22	(1) $60 if the financing statement indicates that it
23	23	is filed in connection with a public-finance transaction; [and]
24	24	(2) $60 if the financing statement indicates that it
25	25	is filed in connection with a manufactured-home transaction; and
26	26	(3) $60 if the debtor is a transmitting utility.
27	27	SECTION 2. Subsection (b), Section 9.526, Business &
28	28	Commerce Code, is amended to read as follows:
29	29	(b) To keep the filing-office rules and practices of the
30	30	filing office in harmony with the rules and practices of filing
31	31	offices in other jurisdictions that enact substantially this
32	32	subchapter, and to keep the technology used by the filing office
33	33	compatible with the technology used by filing offices in other
34	34	jurisdictions that enact substantially this subchapter, the
35	35	Secretary of State, so far as is consistent with the purposes,
36	36	policies, and provisions of this chapter, in adopting, amending,
37	37	and repealing filing-office rules, shall:
38	38	(1) consult with filing offices in other jurisdictions
39	39	that enact substantially this subchapter;
40	40	(2) consult the most recent version of the Model
41	41	Administrative Rules promulgated by the International Association
42	42	of Commercial [Corporation] Administrators or any successor
43	43	organization; and
44	44	(3) take into consideration the rules and practices
45	45	of, and the technology used by, filing offices in other
46	46	jurisdictions that enact substantially this subchapter.
47	47	SECTION 3. Section 9.527, Business & Commerce Code, is
48	48	amended to read as follows:
49	49	Sec. 9.527. DUTY TO REPORT. The Secretary of State shall
50	50	report before January 1 of each odd-numbered year to the
51	51	Legislature on the operation of the filing office. The report must
52	52	contain a statement of the extent to which:
53	53	(1) the filing-office rules are not in harmony with
54	54	the rules of filing offices in other jurisdictions that enact
55	55	substantially this subchapter and the reasons for these variations;
56	56	and
57	57	(2) the filing-office rules are not in harmony with
58	58	the most recent version of the Model Administrative Rules
59	59	promulgated by the International Association of Commercial
60	60	[Corporation] Administrators, or any successor organization, and
61	61	the reasons for these variations.
62	62	SECTION 4. Subsection (b), Section 261.009, Business &
63	63	Commerce Code, is amended to read as follows:
64	64	(b) The amount of the fee for a certificate under this
65	65	section is[:
66	66	[(1) $10, if] the same as the amount of the fee
67	67	provided by Section 9.525(d) [request for the certificate is in the
68	68	standard form prescribed by the secretary of state; or
69	69	[(2) $25, if the request is not in the standard form].
70	70	SECTION 5. Subsection (b), Section 261.010, Business &
71	71	Commerce Code, is amended to read as follows:
72	72	(b) The fee for a copy under this section is in the amount
73	73	provided by Section 405.031, Government Code [$1.50 per page, but
74	74	may not be less than $5 or more than $100 for each request
75	75	concerning a particular utility].
76	76	SECTION 6. Subsection (b), Section 128.031, Agriculture
77	77	Code, is amended to read as follows:
78	78	(b) The amount of the fee for a certificate under Subsection
79	79	(a) is the same as the amount of the fee provided by Section
80	80	9.525(d), Business & Commerce Code [shall be established by the
81	81	secretary of state in an amount necessary to cover the cost of
82	82	administering this section].
83	83	SECTION 7. Subsection (b), Section 128.032, Agriculture
84	84	Code, is amended to read as follows:
85	85	(b) The fee for a copy of a notice of claim of lien obtained
86	86	under Subsection (a) is in the amount provided by Section 405.031,
87	87	Government Code [shall be established by the secretary of state in
88	88	an amount necessary to cover the cost of administering this
89	89	section].
90	90	SECTION 8. Subsection (b), Section 188.031, Agriculture
91	91	Code, is amended to read as follows:
92	92	(b) The amount of the fee for a certificate under Subsection
93	93	(a) is the same as the amount of the fee provided by Section
94	94	9.525(d), Business & Commerce Code [shall be established by the
95	95	secretary of state in an amount necessary to cover the cost of
96	96	administering this section].
97	97	SECTION 9. Subsection (b), Section 188.032, Agriculture
98	98	Code, is amended to read as follows:
99	99	(b) The fee for a copy of a notice of claim of lien obtained
100	100	under Subsection (a) is in the amount provided by Section 405.031,
101	101	Government Code [shall be established by the secretary of state in
102	102	an amount necessary to cover the cost of administering this
103	103	section].
104	104	SECTION 10. Section 14.004, Property Code, is amended by
105	105	amending Subsection (d) and adding Subsection (e) to read as
106	106	follows:
107	107	(d) Upon request of any person, the filing officer shall
108	108	issue his certificate showing whether there is on file, on a [the]
109	109	date and time specified by the filing office, but not a date earlier
110	110	than three business days before the date the filing office receives
111	111	the request [hour stated therein], any notice of lien or
112	112	certificate or notice affecting any lien filed under this chapter
113	113	or filed under the Uniform Federal Tax Lien Registration Act
114	114	(Subchapter C, Chapter 113, Tax Code) on or after January 1, 1972,
115	115	naming a particular person, and if a notice or certificate is on
116	116	file, giving the date and hour of filing of each notice or
117	117	certificate. The amount of the fee for a certificate is the same as
118	118	the amount of the fee provided by Section 9.525(d), Business &
119	119	Commerce Code [$10]. Upon request, the filing officer shall
120	120	furnish a copy of any notice of federal lien. The fee for a copy
121	121	furnished under this section is in the amount provided by Section
122	122	405.031, Government Code[, or notice or certificate affecting a
123	123	federal lien, for a fee of $1.50 per page].
124	124	(e) Section 9.523, Business & Commerce Code, applies to a
125	125	federal lien filed under this chapter.
126	126	SECTION 11. This Act takes effect September 1, 2009.
127	127	______________________________ ______________________________
128	128	President of the Senate Speaker of the House
129	129	I hereby certify that S.B. No. 1699 passed the Senate on
130	130	April 23, 2009, by the following vote: Yeas 30, Nays 0.
131	131	______________________________
132	132	Secretary of the Senate
133	133	I hereby certify that S.B. No. 1699 passed the House on
134	134	May 26, 2009, by the following vote: Yeas 145, Nays 0, two
135	135	present not voting.
136	136	______________________________
137	137	Chief Clerk of the House
138	138	Approved:
139	139	______________________________
140	140	Date
141	141	______________________________
142	142	Governor