By: DeAyala H.B. No. 5567
A BILL TO BE ENTITLED
AN ACT
relating to the methods of submission of business filings;
increasing the amount of certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4.001, Business Organizations Code, is
amended to read as follows:
(a) A filing instrument must be:
(1) signed by a person authorized by this code to act
on behalf of the entity in regard to the filing instrument; and
(2) delivered to the secretary of state in person or by
mail, courier, [facsimile or] electronic transmission, or any other
[comparable form of delivery] method approved by the secretary of
state.
(b) A person authorized by this code to sign a filing
instrument for an entity is not required to show evidence of the
person's authority as a requirement for filing.
SECTION 2. Section 405.032, Government Code, is amended by
amending Subsections (a)-(c) and adding Subsection (d) to read as
follows:
(a) The secretary of state may set [and collect] a fee not to
exceed $5,000 for the following:
(1) [for] the expedited handling of a certified record
search or expedited filing of a document in the security interest
and financing statement records of the secretary [, a fee of not
more than $15];
(2) [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[, a fee of not more than
$25];
(3) [for] the expedited access or access by electronic
data transmittal processes to data that is stored in state computer
record banks maintained by the secretary, a fee in an amount
reasonable and necessary to cover the costs of establishing and
administering the system. Notwithstanding any other provision of
this code, the secretary of state is authorized to maintain a system
to provide expedited access by electronic data transmittal
processes to all information that is stored in state computer banks
maintained by the secretary of state and that is not classified as
confidential by statute or a court decision; and
(4) [for] the expedited handling of a request for a
certified copy or certificate of fact relating to a profit or
nonprofit corporation, professional corporation or association,
cooperative association, unincorporated nonprofit association,
limited or general partnership, limited liability company, assumed
name, trademark document, or other document filed for public record
with the [corporations section] business filings division of the
office of the secretary of state [, a fee of not more than $10 a copy
or certificate].
(b) If the secretary of state collects a fee under
[Subsection (a)(2)] this section, the secretary of state shall
collect it in advance.
(c) The secretary of state shall deposit the fees in the
state treasury to the credit of the general revenue fund.
(d) For purposes of this section, "expedited handling"
means the processing of a document or order submitted by a person to
the secretary of state as required by the Business Organizations
Code or other law for which the person requires the document or
order to be filed or processed in a time period agreed upon by the
person and the secretary of state, including a processing time of
less than one business day. The secretary of state may decline any
request for expedited handling. If the secretary of state fails to
process the document in a time period agreed upon by the person and
the secretary of state, the secretary of state shall refund to the
person the expedited handling fee.
SECTION 3. Section 4.001, Business Organizations Code, as
amended by this Act, applies only to a filing instrument delivered
to the secretary of state on or after the effective date of this
Act. A filing instrument delivered before the effective date of
this Act is governed by the law in effect on the date the filing
instrument was delivered to the secretary of state, and the former
law is continued in effect for that purpose.
SECTION 4. Section 405.032, Government Code, as amended by
this Act, applies only to the processing of an expedited handling
submitted on or after the effective date of this Act. An expedited
handling submitted before the effective date of this Act is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 5. Section 4.001, Business Organizations Code, as
amended by this Act, takes effect immediately if it receives a vote
of two-thirds of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution. If this Act does
not receive the vote necessary for immediate effect, Section 4.001,
Business Organizations Code, as amended by this Act, shall take
effect September 1, 2025.
SECTION 6. Section 405.032, Government Code, as amended by
this Act, shall take effect January 1, 2026.