CHAPTER 405. SECRETARY OF STATE
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE A. EXECUTIVE OFFICERS
CHAPTER 405. SECRETARY OF STATE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 405.001. OFFICE. The secretary of state shall keep the
office of secretary of state in Austin or if a session of the
legislature is held in another place, in that place.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 405.004. DEPUTY SECRETARY OF STATE. (a) The secretary of
state shall appoint a deputy secretary of state who shall:
(1) perform the duties prescribed by law for the secretary of
state when the secretary of state is absent or unable to act; and
(2) perform other duties required by the secretary of state.
(b) The deputy secretary of state serves at the pleasure of the
secretary of state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch.
41, Sec. 1, eff. September 1, 2005.
Sec. 405.005. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS. (a)
The secretary of state may accept or solicit gifts, grants, and
donations of money or property on behalf of the state for any
lawful public purpose related to the office or duties of the
secretary of state.
(b) The secretary of state may decline to accept a gift, grant,
or donation that is made for a specific purpose if the secretary
of state determines the gift may not be used reasonably or
economically for the designated purpose.
Added by Acts 1997, 75th Leg., ch. 365, Sec. 1, eff. May 27,
1997.
SUBCHAPTER B. DUTIES
Sec. 405.011. OFFICIAL DOCUMENTS. (a) The secretary of state
shall arrange and preserve books, maps, parchments, records,
documents, and papers properly deposited in the secretary of
state's office and sealed with the state seal.
(b) A copy of an original deposited under this section is as
legal and conclusive in evidence in a state court as the
original.
(c) On request of the governor, the legislature, or a house of
the legislature, the secretary of state shall furnish a copy of
an original deposited under this section.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 297, Sec. 3, eff. Aug. 28,
1989.
Sec. 405.012. EXCHANGES. (a) The secretary of state shall
send, as the secretary of state considers appropriate, copies of
laws and judicial reports printed and published by order of the
legislature at the expense of the state to:
(1) the librarian of congress;
(2) the United States secretary of state;
(3) the United States secretary of the treasury;
(4) the executive department of each state; and
(5) each foreign librarian or government with whom a system of
library exchange is established.
(b) Subject to the requirements of Subsection (c), the secretary
of state, for the benefit of The University of Texas law library,
shall exchange the reports of the supreme court, court of
criminal appeals, and courts of appeals, state session laws and
revised statutes, and other state publications and state
department reports for similar material of the United States,
other states, or foreign countries.
(c) The secretary of state shall keep on hand a sufficient
number of copies of state publications to meet the reasonable
demands of the state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 405.013. COURT REPORTS. (a) The secretary of state shall
receive the printed and bound volumes of the Supreme Court
Reports and the Reports of the Court of Criminal Appeals from the
supreme court reporter.
(b) The secretary of state may sell single copies of these
reports for a price equal to the contract price for printing,
excluding postage or express charges, and, after receiving the
price for a volume, may send advance sheets of the volume as
publishing progresses.
(c) The secretary of state shall deliver money received from
sales under this section to the comptroller and shall make a full
statement of the sales in the secretary of state's biennial
report.
(d) The secretary of state shall deliver one copy of these
reports to:
(1) the governor;
(2) the attorney general;
(3) each appellate and district judge;
(4) each county judge, for the use of the county;
(5) each law professor of The University of Texas; and
(6) the librarian of The University of Texas.
(e) The secretary of state shall deliver to each United States
district judge for Texas one copy of these reports for each
branch of the judge's court.
(f) The secretary of state may not send more than one copy of a
report to a person under Subsection (d) or (e) unless it is
proved, as evidenced by certificate of the person requesting the
additional copy, that the first copy of the report has been
destroyed by fire or rendered valueless by long use.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.11, eff. Sept.
1, 1997.
Sec. 405.014. ACTS OF THE LEGISLATURE. At each session of the
legislature the secretary of state shall obtain the bills that
have become law. Immediately after the closing of each session of
the legislature, the secretary of state shall bind all enrolled
bills and resolutions in volumes on which the date of the session
is placed.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 297, Sec. 4, eff. Aug. 28,
1989; Acts 1991, 72nd Leg., 2nd C.S., ch. 8, Sec. 2.48, eff.
Sept. 1, 1991.
Sec. 405.015. RECEIVING OFFICER. When an officer receives a
copy of a report, statute, digest, or journal, the officer shall
give a receipt to the distributing officer, who shall file the
receipt in his office. This material is the property of the
receiving officer's office and is open to inspection by the
public at all reasonable hours. An officer who does not deliver
the material to the successor to the office is liable to the
successor for the cost of replacing the material.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 405.016. COMMISSION. The secretary of state is not
required to send copies of laws to or attest the authority of a
state officer who does not take out the officer's commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 405.017. MISCELLANEOUS DUTIES. The secretary of state
shall:
(1) affix the state seal to all official documents issued from
the secretary of state's office;
(2) unless provided otherwise by law, commission state officers;
(3) keep in a separate suitable book a register of all state
officers;
(4) immediately on receipt, deliver to the person in charge of
the state library all books, maps, charts, printed volumes of the
laws of a nation, territory, or another state, or other political
or miscellaneous publications received in the secretary of
state's office;
(5) immediately on receipt, deliver to the supreme court
librarian reports of courts of a nation, territory, or another
state received in the secretary of state's office; and
(6) perform such other and further duties as may be directed by
the governor.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 297, Sec. 5, eff. Aug. 28,
1989; Acts 1995, 74th Leg., ch. 961, Sec. 1, eff. Sept. 1, 1995.
Sec. 405.018. COMPUTER INFORMATION. (a) The secretary of state
may establish a system to provide access by electronic data
transmittal processes to information that is:
(1) stored in state computer record banks maintained by the
secretary of state;
(2) not classified as confidential under a statute or court
decision; and
(3) not maintained by the secretary of state under:
(A) Chapter 572;
(B) Title 15, Election Code; or
(C) Chapter 305, Government Code.
(b) The secretary of state may:
(1) develop computer software to facilitate the discharge of the
constitutional and statutory duties of the office; and
(2) enter agreements to transfer the software on the terms and
conditions specified in the agreements.
(c) Computer software developed under Subsection (b) shall be
reviewed and certified by the Automated Information and
Telecommunications Council.
(d) The secretary of state shall set and charge a fee for access
to information under Subsection (a) in an amount reasonable and
necessary to cover the costs of establishing and administering
the system under that subsection. The secretary of state may
assess a reasonable fee for a transfer of software under
Subsection (b).
(e) The secretary of state may set and charge a fee for access
to public information through telephone information banks in an
amount reasonable and necessary to cover the costs of providing
the information. The secretary of state may contract with a third
party to provide the telephone service and to bill the users of
the service.
Added by Acts 1989, 71st Leg., ch. 4, Sec. 2.12(a), eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec.
3.01(a), eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec.
5.95(40), eff. Sept. 1, 1995.
Sec. 405.019. LIST OF STATES REQUIRING AN OFFICIAL SEAL FOR
CERTAIN DOCUMENTS. (a) The secretary of state annually shall
compile a list of those states or territories within the United
States that require a notary public to validate a certificate of
an acknowledgement, proof of a written instrument, or a jurat by
attaching an official seal.
(b) The secretary of state shall send the list to each of the
county clerks of this state before January 1 of each year.
(c) The secretary of state shall amend the list and immediately
send the amended list to the county clerks of this state if the
secretary learns that a state or territory has changed its
requirements relating to a notary public in a manner that
requires it to be added to or deleted from the list.
Added by Acts 1995, 74th Leg., ch. 603, Sec. 3, eff. June 14,
1995.
Sec. 405.020. PUBLIC RECORDS. (a) The secretary of state shall
permanently maintain as a public record any instrument, or the
information included in any instrument, that is filed with the
secretary of state evidencing the organization of, or otherwise
in connection with, any entity formed under the laws of this
state.
(b) The secretary of state shall maintain the records required
under Subsection (a) in any form the secretary of state considers
appropriate.
Added by Acts 2003, 78th Leg., ch. 572, Sec. 22, eff. Sept. 1,
2003.
Sec. 405.021. REPORT ON STATE-FUNDED PROJECTS SERVING COLONIAS.
(a) In this section, "colonia" means a geographic area that:
(1) is an economically distressed area as defined by Section
17.921, Water Code;
(2) is located in a county any part of which is within 62 miles
of an international border; and
(3) consists of 11 or more dwellings that are located in close
proximity to each other in an area that may be described as a
community or neighborhood.
(b) Based on information provided under Subsections (c) and (d),
the secretary of state shall establish and maintain a
classification system that allows the secretary of state to track
the progress of state-funded projects in providing water or
wastewater services, paved roads, and other assistance to
colonias.
(c) The secretary of state shall compile information received
from the Office of Rural Community Affairs, the Texas Water
Development Board, the Texas Transportation Commission, the Texas
Department of Housing and Community Affairs, the Department of
State Health Services, the Texas Commission on Environmental
Quality, the Health and Human Services Commission, the Texas
Cooperative Extension, councils of governments, an institution of
higher education that receives funding from the state for
projects that provide assistance to colonias, and any other
agency considered appropriate by the secretary of state for
purposes of the classification system.
(c) The secretary of state shall compile information received
from the Texas Department of Rural Affairs, the Texas Water
Development Board, the Texas Transportation Commission, the Texas
Department of Housing and Community Affairs, the Department of
State Health Services, the Texas Commission on Environmental
Quality, the Health and Human Services Commission, the Texas
Cooperative Extension, councils of governments, an institution of
higher education that receives funding from the state for
projects that provide assistance to colonias, and any other
agency considered appropriate by the secretary of state for
purposes of the classification system.
(d) The secretary of state shall compile information on colonias
that is received from the colonia ombudspersons under Section
775.004.
(e) The secretary of state shall:
(1) with the assistance of the office of the attorney general,
prepare a report on the progress of state-funded projects in
providing water or wastewater services, paved roads, and other
assistance to colonias; and
(2) submit the report to the presiding officer of each house of
the legislature not later than:
(A) December 1 of each even-numbered year, if funds are
appropriated specifically for the purpose of preparing and
submitting the report; or
(B) if funds are not appropriated as described by Paragraph (A),
December 1, 2010, and December 1 of every fourth year following
that date.
(f) The report to the legislature must include a list of
colonias with the highest health risk to colonia residents, based
on factors identified by the secretary of state.
(g) In conjunction with the establishment of the classification
system required by this section, the secretary of state shall
establish and maintain a statewide system for identifying
colonias.
(h) The secretary of state may contract with a third party to
develop the classification system or the identification system or
to compile or maintain the relevant information required by this
section.
Added by Acts 2005, 79th Leg., Ch.
828, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
341, Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
112, Sec. 7, eff. September 1, 2009.
Sec. 405.022. FILING OR RECORDING OF FRAUDULENT DOCUMENT. (a)
If the secretary of state believes in good faith that a document
filed with the secretary of state to create a lien is fraudulent,
the secretary of state shall:
(1) request the assistance of the attorney general to determine
whether the document is fraudulent before filing or recording the
document;
(2) request that the prospective filer provide to the secretary
of state additional documentation supporting the existence of the
lien, such as a contract or other document that contains the
alleged debtor or obligor's signature; and
(3) forward any additional documentation received to the
attorney general.
(b) For purposes of this section, a document or instrument is
presumed to be fraudulent if the document or instrument is filed
by an inmate or on behalf of an inmate.
(c) A presumption under Subsection (b) may be rebutted by
providing the secretary of state the original or a copy of a
sworn and notarized document signed by the obligor, debtor, or
owner of the property designated as collateral stating that the
person entered into a security agreement with the inmate and
authorized the filing of the instrument as provided by Section
9.509, Business & Commerce Code.
(d) In this section:
(1) "Inmate" means a person housed in a secure correctional
facility.
(2) "Secure correctional facility" has the meaning assigned by
Section 1.07, Penal Code.
Added by Acts 2005, 79th Leg., Ch.
407, Sec. 2, eff. September 1, 2005.
Renumbered from Government Code, Section 405.021 and amended by
Acts 2007, 80th Leg., R.S., Ch.
895, Sec. 4, eff. September 1, 2007.
Renumbered from Government Code, Section 405.021 by Acts 2007,
80th Leg., R.S., Ch.
921, Sec. 17.001(27), eff. September 1, 2007.
SUBCHAPTER C. FEES
Sec. 405.031. GENERAL FEES. (a) The secretary of state shall
charge for the use of the state the following:
(1) for each official certificate, a fee of $15;
(2) for a certified copy of a record in the secretary of state's
office, a fee of $1 a page in addition to the fee for the
certificate;
(3) for preparing and furnishing for a corporation, limited
partnership, limited liability company, or registered limited
liability partnership a certificate of existence or authorization
that reflects any filing effecting changes to the entity's
organizational documents or certificate of registration or
authorization and the dates of those filings, a fee of $25; and
(4) for the maintenance by the secretary of state of a record of
the service of any process, notice, or demand authorized to be
made on the secretary of state as agent, and for forwarding the
process, notice, or demand, a fee of $40 per person or party
served through the secretary of state.
(a-1) Notwithstanding Subsection (a)(1), the secretary of state
shall charge for the use of the state a fee of $10 for the
issuance of an apostille requested for use in proceedings related
to the adoption of a child in another country, provided that the
total fees charged for apostilles issued in connection with the
adoption of one child may not exceed $100.
(b) The secretary of state may charge a fee of $5 for a search
of records in the secretary of state's office if written evidence
of the search is required.
(c) The secretary of state may charge for purchases of public
information by commercial users an additional amount, established
by the secretary of state, based on employees' time in providing
the information. For the purposes of this subsection "commercial
user" means a purchaser of microfilm, microfiche, computer tapes,
or computer printouts for the purpose of selling, advertising, or
distributing a commodity or rendering professional or personal
services.
(d) The fees established by the attorney general under Chapter
552 apply to uncertified copies of records in the secretary of
state's office.
(e) The secretary of state may set and charge a fee for the use
of a credit card to pay a fee assessed by the secretary of state
in an amount reasonable and necessary to reimburse the secretary
of state for the costs involved in the use of the card. The
secretary of state shall deposit the money in the state treasury.
(f) A fee paid under Subsection (a), (a-1), (b), (c), or (d)
shall be paid in advance to the secretary of state's office.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.13(a), eff. Sept.
1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 3.02(a),
eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(96),
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 948, Sec. 1, eff.
Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
716, Sec. 10, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
885, Sec. 1, eff. September 1, 2005.
Sec. 405.032. EXPEDITED HANDLING. (a) The secretary of state
may set and collect 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 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 corporation, limited
partnership, assumed name, trademark document, or other document
filed for public record with the 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 Subsection
(a)(2), 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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 398, Sec. 1, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 3.03, eff.
Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1214, Sec. 1, eff. Sept.
1, 1999.
Sec. 405.033. REVOCATION OF FILING FOR NONPAYMENT. The
secretary of state may revoke the filing of a document filed with
the office of the secretary of state if the secretary of state
determines that the filing fee for the document has not been paid
or was paid by an instrument that was dishonored when presented
by the state for payment. The secretary of state shall return the
document and give notice of revocation to the filing party by
regular mail. Failure to give or receive notice does not
invalidate the revocation.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 1214, Sec. 2, eff. Sept. 1,
1999.
Sec. 405.034. REFUND. If the secretary of state deposits in the
state treasury a fee that is not due or is in an amount exceeding
the amount due the state, the fee or excess is subject to refund.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.