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