bill updating how businesses deliver Secretary of State filings

The text as introduced · 848 words

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.