Texas 2025 - 89th Regular

Texas House Bill HB5567 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: DeAyala H.B. No. 5567
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the methods of submission of business filings;
7	9		increasing the amount of certain fees.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 4.001, Business Organizations Code, is
10	12		amended to read as follows:
11	13		(a) A filing instrument must be:
12	14		(1) signed by a person authorized by this code to act
13	15		on behalf of the entity in regard to the filing instrument; and
14	16		(2) delivered to the secretary of state in person or by
15	17		mail, courier, [facsimile or] electronic transmission, or any other
16	18		[comparable form of delivery] method approved by the secretary of
17	19		state.
18	20		(b) A person authorized by this code to sign a filing
19	21		instrument for an entity is not required to show evidence of the
20	22		person's authority as a requirement for filing.
21	23		SECTION 2. Section 405.032, Government Code, is amended by
22	24		amending Subsections (a)-(c) and adding Subsection (d) to read as
23	25		follows:
24	26		(a) The secretary of state may set [and collect] a fee not to
25	27		exceed $5,000 for the following:
26	28		(1) [for] the expedited handling of a certified record
27	29		search or expedited filing of a document in the security interest
28	30		and financing statement records of the secretary [, a fee of not
29	31		more than $15];
30	32		(2) [for] the expedited filing or reviewing of a
31	33		document relating to a profit or nonprofit corporation,
32	34		professional corporation or association, cooperative association,
33	35		unincorporated nonprofit association, limited or general
34	36		partnership, or limited liability company[, a fee of not more than
35	37		$25];
36	38		(3) [for] the expedited access or access by electronic
37	39		data transmittal processes to data that is stored in state computer
38	40		record banks maintained by the secretary, a fee in an amount
39	41		reasonable and necessary to cover the costs of establishing and
40	42		administering the system. Notwithstanding any other provision of
41	43		this code, the secretary of state is authorized to maintain a system
42	44		to provide expedited access by electronic data transmittal
43	45		processes to all information that is stored in state computer banks
44	46		maintained by the secretary of state and that is not classified as
45	47		confidential by statute or a court decision; and
46	48		(4) [for] the expedited handling of a request for a
47	49		certified copy or certificate of fact relating to a profit or
48	50		nonprofit corporation, professional corporation or association,
49	51		cooperative association, unincorporated nonprofit association,
50	52		limited or general partnership, limited liability company, assumed
51	53		name, trademark document, or other document filed for public record
52	54		with the [corporations section] business filings division of the
53	55		office of the secretary of state [, a fee of not more than $10 a copy
54	56		or certificate].
55	57		(b) If the secretary of state collects a fee under
56	58		[Subsection (a)(2)] this section, the secretary of state shall
57	59		collect it in advance.
58	60		(c) The secretary of state shall deposit the fees in the
59	61		state treasury to the credit of the general revenue fund.
60	62		(d) For purposes of this section, "expedited handling"
61	63		means the processing of a document or order submitted by a person to
62	64		the secretary of state as required by the Business Organizations
63	65		Code or other law for which the person requires the document or
64	66		order to be filed or processed in a time period agreed upon by the
65	67		person and the secretary of state, including a processing time of
66	68		less than one business day. The secretary of state may decline any
67	69		request for expedited handling. If the secretary of state fails to
68	70		process the document in a time period agreed upon by the person and
69	71		the secretary of state, the secretary of state shall refund to the
70	72		person the expedited handling fee.
71	73		SECTION 3. Section 4.001, Business Organizations Code, as
72	74		amended by this Act, applies only to a filing instrument delivered
73	75		to the secretary of state on or after the effective date of this
74	76		Act. A filing instrument delivered before the effective date of
75	77		this Act is governed by the law in effect on the date the filing
76	78		instrument was delivered to the secretary of state, and the former
77	79		law is continued in effect for that purpose.
78	80		SECTION 4. Section 405.032, Government Code, as amended by
79	81		this Act, applies only to the processing of an expedited handling
80	82		submitted on or after the effective date of this Act. An expedited
81	83		handling submitted before the effective date of this Act is
82	84		governed by the law in effect on the date the application was
83	85		submitted, and the former law is continued in effect for that
84	86		purpose.
85	87		SECTION 5. Section 4.001, Business Organizations Code, as
86	88		amended by this Act, takes effect immediately if it receives a vote
87	89		of two-thirds of all the members elected to each house, as provided
88	90		by Section 39, Article III, Texas Constitution. If this Act does
89	91		not receive the vote necessary for immediate effect, Section 4.001,
90	92		Business Organizations Code, as amended by this Act, shall take
91	93		effect September 1, 2025.
92	94		SECTION 6. Section 405.032, Government Code, as amended by
93	95		this Act, shall take effect January 1, 2026.