HBA-DMD S.B. 570 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 570
By: Shapiro
Business & Industry
4/7/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current state law, the secretary of state is authorized to collect
fees for the expedited handling, processing, and reviewing of documents,
financing statements, and liens. S.B. 570 increases the maximum amount that
the secretary of state may charge for filing fees on such services. This
bill deletes the provision authorizing the secretary of state to revoke the
filing of a document filed by or on behalf of a corporation, thus
authorizing the secretary of state to revoke the filing of any document
filed with the office in certain circumstances. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 405.032(a), Government Code, to authorize the
secretary of state to set and collect a maximum fee of $15, rather than $5,
for the handling of a certified record search or filing of a document in
the security interest and financing statement records of the secretary of
state, rather than a document under Chapter 9 (Secured Transactions; Sales
of Accounts and Chattel Paper) or 35 (Miscellaneous), Business & Commerce
Code, or Chapter 14 (Uniform Federal Lien Registration Act), Property Code.
Authorizes the secretary of state to set and collect a maximum fee of $25,
rather than $10, for the filing or reviewing of a document relating to an
unincorporated nonprofit association. Authorizes the secretary of state to
set and collect a maximum fee of $10, rather than $5, for the handling of a
request for a certified copy or certificate of fact relating to a
corporation, limited partnership, assumed name, trademark document, or
other document filed for public record with the corporations section of the
office of the secretary of state. 

SECTION 2.  Amends Section 405.033, Government Code, to delete the
provision authorizing the secretary of state to revoke the filing of a
document filed by or on behalf of a corporation, thus authorizing the
secretary of state to revoke the filing of any document filed with the
office in certain circumstances. 

SECTION 3.Effective date: September 1, 1999.  

SECTION 4.Emergency clause.