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.