Texas Register, Volume 36, Number 34, Pages 5247-5552, August 26, 2011 Page: 5,276
5247-5552 p. ; 28 cm.View a full description of this periodical.
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then existing between the Office of the Secretary of State, the Comp-
troller of Public Accounts, and the relevant financial institution. The
Office of the Secretary of State shall deposit all fees, including all con-
venience fees collected under this payment option, in the Texas State
treasury.
(d) To utilize this payment option for documents filed with the
secretary of state in person or by mail, the document sender must ei-
ther submit a completed credit card payment form available from the
secretary of state or provide the following information in written form:
(1) the name of the credit card being used (American Ex-
press, Discover, MasterCard, or VISA [ Discoseve- or MasterGard] or
such other card as may be referred to in the contract between the Office
of the Secretary of State, the Comptroller of Public Accounts, and the
relevant financial institution);
(2) the account number of the credit card;
(3) the expiration date of the credit card;
(4) the signature of the card holder; and
(5) the sum of all fees to be charged.[ and]
(e) If a credit card payment is dishonored when presented by
the state for payment, the secretary of state shall treat the document
submitted for filing in the same manner as if no filing fee had been
presented. The secretary of state will then be entitled to take all appro-
priate action authorized by law.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 9, 2011.
TRD-201103057
Lorna Wassdorf
Director, Business and Public Filings
Office of the Secretary of State
Earliest possible date of adoption: September 25, 2011
For further information, please call: (512) 463-5562
CHAPTER 95. UNIFORM COMMERCIAL
CODE
SUBCHAPTER A. GENERAL PROVISIONS
1 TAC 95.113
The Office of the Secretary of State proposes an amendment to
95.113, Methods of Payment. The amendment adds American
Express to the list of accepted credit cards in paragraph (5) of the
section because the Office of the Secretary of State now accepts
this method of payment.
Paragraph (4) is also amended to reflect that the credit card con-
venience fee is charged to payments submitted by facsimile, as
well as payments submitted by the Internet or by phone.
FISCAL NOTE
Leigh A. Joseph, Attorney in the Business and Public Filings Divi-
sion of the Office of the Secretary of State, has determined that
for each year of the first five years that the section is in effect
there will be no fiscal implications to state or local governments
as a result of enforcing or administering the amended section as
proposed.PUBLIC BENEFIT AND SMALL BUSINESS COST NOTE
Ms. Joseph has determined that for each year of the first five
years the amendment is in effect the public benefit anticipated
as a result of enforcing or administering the section as proposed
will be to view the section as corrected. There will be no effect
on small or micro businesses. There is no anticipated economic
cost to persons who are required to comply with the amended
section as proposed.
COMMENTS
Comments on the proposed amendment may be submitted in
writing to: Leigh A. Joseph, Office of the Secretary of State,
Corporations Section, P.O. Box 13697, Austin, Texas 78711-
3697. Comments must be received not later than 12:00 noon
on September 26, 2011.
Statutory authority: The amendments are proposed under
9.501 - 9.527, Texas Business and Commerce Code; 35.01
- 35.09, Texas Business and Commerce Code; 14.001 -
14.007, Texas Property Code; 70.3031 - 70.307, Texas Prop-
erty Code; 70.401 - 70.410, Texas Property Code; Chapter
128, Texas Agriculture Code; Chapter 188, Texas Agriculture
Code; 42.22, Texas Code of Criminal Procedure; and 51.901
- 51.905, Texas Government Code, which provides the Sec-
retary of State with the authority to adopt rules necessary to
administer Subchapter D of Chapter 9, Texas Business and
Commerce Code; Subchapter A of Chapter 35, Miscellaneous;
Chapter 14, Uniform Federal Lien Registration Act; Subchapter
D, Chapter 70, Texas Property Code; Subchapter E, Chapter
70, Texas Property Code; Subtitle H of Title 5, Texas Agricul-
ture Code; Subtitle E of Title 6, Texas Agriculture Code; and
Subchapter J of Chapter 51, Texas Government Code.
Cross reference to statute: No other statutes, articles, or codes
are affected by the proposed amendment.
95.113. Methods of Payment.
Filing fees and fees for public records services may be paid by the
following methods.
(1) Cash. The filing officer discourages cash payment un-
less made in person to the cashier at the filing office.
(2) Checks. Checks made payable or endorsed to the filing
office, including checks in an amount to be filled in by a filing officer
but not to exceed a particular amount, will be accepted for payment if
they are cashier's checks or certified checks drawn on a bank acceptable
to the filing office or if the drawer is acceptable to the filing office. All
checks must be drawn on an U.S. bank.
(3) Electronic funds transfer. The filing office will accept
payment via electronic funds transfer under National Automated Clear-
ing House Association ("NACHA") rules from remitters who have en-
tered into appropriate NACHA-approved arrangements for such trans-
fers and who authorize the relevant transfer pursuant to such arrange-
ments and rules.
(4) Client account. A remitter may open an account for pre-
payment of filing fees. The filing officer shall issue an account number
to be used by a remitter who chooses to pay filing fees in advance. The
filing officer shall deduct filing fees from the remitter's client account
when authorized to do so by the remitter. The remitter may authorize
transactions against the client account by use of the remitter's SOS-
Direct account, by written authorization, facsimile, and by telephone
authorization.
(5) Credit card. The filing office accepts payments using
credit cards issued by approved credit card issuers. Approved credit36 TexReg 5276 August 26, 2011
Texas Register
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Texas. Secretary of State. Texas Register, Volume 36, Number 34, Pages 5247-5552, August 26, 2011, periodical, August 26, 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth190845/m1/27/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.