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AN ACT
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relating to consistency among certain secretary of state filings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (b), Section 9.525, Business & |
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Commerce Code, are amended to read as follows: |
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(a) Except as otherwise provided in Subsections (b), (e), |
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and (f), the fee for filing and indexing a record under this |
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subchapter[, other than an initial financing statement of the kind
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described in Subsection (b),] is: |
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(1) $15 if the record is communicated in writing and |
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consists of one or two pages; |
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(2) $30 if the record is communicated in writing and |
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consists of more than two pages; and |
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(3) $5 if the record is communicated by another medium |
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authorized by filing-office rule. |
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(b) Except as otherwise provided in Subsection (e), the fee |
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for filing and indexing an initial financing statement of the |
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following kinds is: |
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(1) $60 if the financing statement indicates that it |
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is filed in connection with a public-finance transaction; [and] |
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(2) $60 if the financing statement indicates that it |
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is filed in connection with a manufactured-home transaction; and |
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(3) $60 if the debtor is a transmitting utility. |
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SECTION 2. Subsection (b), Section 9.526, Business & |
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Commerce Code, is amended to read as follows: |
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(b) To keep the filing-office rules and practices of the |
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filing office in harmony with the rules and practices of filing |
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offices in other jurisdictions that enact substantially this |
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subchapter, and to keep the technology used by the filing office |
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compatible with the technology used by filing offices in other |
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jurisdictions that enact substantially this subchapter, the |
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Secretary of State, so far as is consistent with the purposes, |
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policies, and provisions of this chapter, in adopting, amending, |
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and repealing filing-office rules, shall: |
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(1) consult with filing offices in other jurisdictions |
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that enact substantially this subchapter; |
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(2) consult the most recent version of the Model |
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Administrative Rules promulgated by the International Association |
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of Commercial [Corporation] Administrators or any successor |
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organization; and |
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(3) take into consideration the rules and practices |
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of, and the technology used by, filing offices in other |
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jurisdictions that enact substantially this subchapter. |
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SECTION 3. Section 9.527, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 9.527. DUTY TO REPORT. The Secretary of State shall |
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report before January 1 of each odd-numbered year to the |
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Legislature on the operation of the filing office. The report must |
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contain a statement of the extent to which: |
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(1) the filing-office rules are not in harmony with |
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the rules of filing offices in other jurisdictions that enact |
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substantially this subchapter and the reasons for these variations; |
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and |
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(2) the filing-office rules are not in harmony with |
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the most recent version of the Model Administrative Rules |
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promulgated by the International Association of Commercial |
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[Corporation] Administrators, or any successor organization, and |
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the reasons for these variations. |
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SECTION 4. Subsection (b), Section 261.009, Business & |
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Commerce Code, is amended to read as follows: |
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(b) The amount of the fee for a certificate under this |
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section is[:
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[(1) $10, if] the same as the amount of the fee |
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provided by Section 9.525(d) [request for the certificate is in the
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standard form prescribed by the secretary of state; or
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[(2) $25, if the request is not in the standard form]. |
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SECTION 5. Subsection (b), Section 261.010, Business & |
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Commerce Code, is amended to read as follows: |
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(b) The fee for a copy under this section is in the amount |
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provided by Section 405.031, Government Code [$1.50 per page, but
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may not be less than $5 or more than $100 for each request
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concerning a particular utility]. |
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SECTION 6. Subsection (b), Section 128.031, Agriculture |
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Code, is amended to read as follows: |
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(b) The amount of the fee for a certificate under Subsection |
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(a) is the same as the amount of the fee provided by Section |
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9.525(d), Business & Commerce Code [shall be established by the
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secretary of state in an amount necessary to cover the cost of
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administering this section]. |
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SECTION 7. Subsection (b), Section 128.032, Agriculture |
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Code, is amended to read as follows: |
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(b) The fee for a copy of a notice of claim of lien obtained |
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under Subsection (a) is in the amount provided by Section 405.031, |
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Government Code [shall be established by the secretary of state in
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an amount necessary to cover the cost of administering this
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section]. |
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SECTION 8. Subsection (b), Section 188.031, Agriculture |
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Code, is amended to read as follows: |
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(b) The amount of the fee for a certificate under Subsection |
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(a) is the same as the amount of the fee provided by Section |
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9.525(d), Business & Commerce Code [shall be established by the
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secretary of state in an amount necessary to cover the cost of
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administering this section]. |
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SECTION 9. Subsection (b), Section 188.032, Agriculture |
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Code, is amended to read as follows: |
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(b) The fee for a copy of a notice of claim of lien obtained |
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under Subsection (a) is in the amount provided by Section 405.031, |
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Government Code [shall be established by the secretary of state in
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an amount necessary to cover the cost of administering this
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section]. |
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SECTION 10. Section 14.004, Property Code, is amended by |
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amending Subsection (d) and adding Subsection (e) to read as |
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follows: |
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(d) Upon request of any person, the filing officer shall |
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issue his certificate showing whether there is on file, on a [the] |
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date and time specified by the filing office, but not a date earlier |
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than three business days before the date the filing office receives |
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the request [hour stated therein], any notice of lien or |
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certificate or notice affecting any lien filed under this chapter |
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or filed under the Uniform Federal Tax Lien Registration Act |
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(Subchapter C, Chapter 113, Tax Code) on or after January 1, 1972, |
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naming a particular person, and if a notice or certificate is on |
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file, giving the date and hour of filing of each notice or |
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certificate. The amount of the fee for a certificate is the same as |
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the amount of the fee provided by Section 9.525(d), Business & |
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Commerce Code [$10]. Upon request, the filing officer shall |
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furnish a copy of any notice of federal lien. The fee for a copy |
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furnished under this section is in the amount provided by Section |
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405.031, Government Code[, or notice or certificate affecting a
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federal lien, for a fee of $1.50 per page]. |
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(e) Section 9.523, Business & Commerce Code, applies to a |
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federal lien filed under this chapter. |
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SECTION 11. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1699 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1699 passed the House on |
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May 26, 2009, by the following vote: Yeas 145, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |