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.