LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 23, 2025 TO: Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB2690 by Hancock (Relating to solicitations for the retrieval of certain documents from the secretary of state; providing a civil penalty.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Business & Commerce Code to require certain disclosures from entities soliciting another individual to retrieve business filing documents held by the Secretary of State (SOS) on their behalf. Regulated entities would be required to disclose that the entity is not a governmental entity and that the documents could be directly obtained from SOS.The bill would require SOS to develop a procedure to investigate complaints related to the violation of these disclosure requirements and would provide that violators could be subject to a civil penalty. The bill would authorize the Office of the Attorney General (OAG) or an applicable county or district attorney to recover any civil penalties. It is assumed that any investigations of violations required by the SOS under the provisions of the bill could be absorbed within existing resources.According to the OAG, any additional legal workload resulting from investigations or enforcement actions could be reasonably absorbed with existing resources.According to the Office of Court Administration, no significant fiscal impact to the state court system is anticipated.It is anticipated that any civil penalties recovered as a result of this bill would have no significant fiscal impact. Local Government ImpactIt is anticipated that any civil penalties recovered by local jurisdictions as a result of this bill would have no significant fiscal impact. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 307 Secretary of State LBB Staff: b > td > JMc, RStu, LCO, GP
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 23, 2025
TO: Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB2690 by Hancock (Relating to solicitations for the retrieval of certain documents from the secretary of state; providing a civil penalty.), As Introduced
TO: Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB2690 by Hancock (Relating to solicitations for the retrieval of certain documents from the secretary of state; providing a civil penalty.), As Introduced
Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce
Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB2690 by Hancock (Relating to solicitations for the retrieval of certain documents from the secretary of state; providing a civil penalty.), As Introduced
SB2690 by Hancock (Relating to solicitations for the retrieval of certain documents from the secretary of state; providing a civil penalty.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Business & Commerce Code to require certain disclosures from entities soliciting another individual to retrieve business filing documents held by the Secretary of State (SOS) on their behalf. Regulated entities would be required to disclose that the entity is not a governmental entity and that the documents could be directly obtained from SOS.The bill would require SOS to develop a procedure to investigate complaints related to the violation of these disclosure requirements and would provide that violators could be subject to a civil penalty. The bill would authorize the Office of the Attorney General (OAG) or an applicable county or district attorney to recover any civil penalties. It is assumed that any investigations of violations required by the SOS under the provisions of the bill could be absorbed within existing resources.According to the OAG, any additional legal workload resulting from investigations or enforcement actions could be reasonably absorbed with existing resources.According to the Office of Court Administration, no significant fiscal impact to the state court system is anticipated.It is anticipated that any civil penalties recovered as a result of this bill would have no significant fiscal impact.
According to the Office of Court Administration, no significant fiscal impact to the state court system is anticipated.
It is anticipated that any civil penalties recovered as a result of this bill would have no significant fiscal impact.
Local Government Impact
It is anticipated that any civil penalties recovered by local jurisdictions as a result of this bill would have no significant fiscal impact.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 307 Secretary of State
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 307 Secretary of State
LBB Staff: b > td > JMc, RStu, LCO, GP
JMc, RStu, LCO, GP