Relating to the method of delivery for certain filing instruments submitted to and services provided by the secretary of state and the threshold amount of certain related fees.

89(R) HB 5567 - House Committee Report version - Bill Text

89R23396 SCR-F

By: DeAyala

H.B. No. 5567

Substitute the following for H.B. No. 5567:

By: Button

C.S.H.B. No. 5567

A BILL TO BE ENTITLED

AN ACT

relating to the method of delivery for certain filing instruments

submitted to and services provided by the secretary of state and the

threshold amount of certain related fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 4.001(a), 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

method approved by the secretary of state
[
comparable form of

delivery
].

SECTION 2. Section 405.032, Government Code, is amended by

amending Subsections (a) and (b) and adding Subsections (b-1),

(b-2), and (d) to read as follows:

(a) The secretary of state may set and collect
a reasonable

fee not to exceed $5,000 for providing
the following
services
:

(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
, including the expedited

filing of a document under Chapter 4, Business Organizations Code,

or other law
[
, 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,
provided that the
[
a
] fee

is
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 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 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,

limited
or general
partnership,
limited liability company,
assumed

name, trademark document, or other document filed for public record

with the
appropriate division or
[
corporations
] section 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
this

section
[
Subsection (a)(2)
], the secretary of state shall collect

it in advance.

(b-1)

The secretary of state may decline a request for

expedited handling, filing, access, or other treatment under this

section.

(b-2)

If the secretary of state declines a request or

otherwise fails to provide expedited handling, filing, access, or

other treatment under this section, the secretary shall issue a

refund to the person of the fee paid by the person under this

section for that service.

(d)

For purposes of this section, "expedited" with respect

to the handling or filing of a record, copy, or other document means

handling or filing the document in a shorter than usual time frame

agreed on by the person and the secretary of state, including a time

frame of less than one business day.

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 that date 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 a request for expedited treatment made to

the secretary of state on or after January 1, 2026. A request for

expedited treatment made before that date is governed by the law in

effect on the date the request was made, and the former law is

continued in effect for that purpose.

SECTION 5. 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, this

Act takes effect September 1, 2025.