Texas 2025 - 89th Regular

Texas House Bill HB4395

Filed
3/11/25  
Out of House Committee
4/29/25  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to electronic submission and delivery of public securities and records of proceedings for those securities.

Impact

The implementation of HB 4395 is expected to significantly impact the way public securities are processed within the state. By shifting to electronic submissions, the bill seeks to reduce administrative burdens and enhance efficiency in processing. It mandates the attorney general to advise on the necessary procedural changes for the legal authorities regarding bond issuance. This move may lead to quicker approvals and a more user-friendly process for issuers, benefiting economic activities tied to public securities.

Summary

House Bill 4395 aims to modernize the submission and delivery process of public securities and related records in Texas by mandating electronic formats. This bill updates Chapter 1202 of the Government Code to require issuers to submit certain documents, including public securities, records of proceedings, and credit agreements, electronically to the attorney general. The inclusion of electronic signatures is also mandated, which aligns with existing definitions in the Business & Commerce Code. The bill is designed to streamline the regulatory process and make it more efficient for entities issuing public securities.

Sentiment

Overall, the sentiment surrounding HB 4395 appears to be positive, particularly among those advocating for technology integration in public service processes. Proponents argue that the bill will enhance efficiency and make it easier for issuers to comply with legal requirements. However, concerns may still exist surrounding the transition to electronic processes, such as ensuring that all stakeholders can access and utilize the new system effectively. Legislative discussions suggest a favorable outlook for the bill among committee members focused on modernization and efficiency.

Contention

While there seems to be broad support for HB 4395, notable points of contention may center around the potential challenges and costs associated with transitioning to an entirely electronic system. Questions could be raised about the readiness of all stakeholders to adapt to this new requirement and whether the electronic systems implemented will maintain the necessary level of security and accessibility for public records. The bill's effective date set for January 1, 2026, allows time for the attorney general to plan and implement these changes, but the adequacy of this timeframe may spark further discussions.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 1202. Examination And Registration Of Public Securities
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2791

Identical Relating to electronic submission and delivery of public securities and records of proceedings for those securities.

Similar Bills

TX HB3309

Relating to appointment of and performance of notarial acts by an electronic notary public; authorizing a fee and creating a criminal offense.

TX HB1217

Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.

CA AB1667

Electronic wills.

CA AB2961

Civil procedure: electronic filing and service.

CA AB2283

Civil actions: electronic service.

LA HB572

Provides for electronic notaries public and electronic notarial acts

CA SB666

Service of papers: electronic service by court.

CA AB2165

Electronic filing and service of documents.