PART IV .OFFICE OF THE SECRETARY OF STATE ChMer Name OFFICE OF THE SECRETARY .................................... STATUTORY DOCUMENTS ....................................... AUTOMOBILE CLUB ........................................... COMPUERSERWCES .......................................... CORPORATIONS ............................................... ELECTIONS ................................................... LIMITED PARTNERSHIP .....: .................................. MICROFILM .................................................. NOTARY PUBLIC .............................................. LOBBY REGULATION .......................................... TEWREGISTER .............................................. TRADEMARK SECTION: PRACTTCE AND PROCEDURE ............... UNIFORM COMMERCIAL CODE ...............:............. ;.... BUSINESS OPPORTUNITY ....................................... STANDARDS OF CONDUCT OF STATE OFFICERS AND EMPLOYEES .... PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE.......................................... Revision Nos. 2. 3 & 4 ~cvisionNos. 2. 3 6 1 Iiiptr!ghc B 1% Stair aj rmr uJ HmInjjmwran S$ncnrr. Ins. CHAPTER 71. OFFICE OF THE SECRETARY Section No. Section Name PRACTICE AND PROCEDURE 71.1. Conflicting Rules. 71.2. Communications. 71.3. Business To Be Transacted in Writing. 71.4. Receipt of Letters and Papers. 71.5. Times for Taking Action. 71.6. [RESERVED] 71.7. Public Record. 71.8. Copies; Certified Copies; Fees for Copies. 71.9. Fees; Payment of Money; Refunds. 71.10. Special Services. 71.11. Petition for Adoption of Rules. INSPECTION OF PUBUC RECORDS 71.21. Applications. 71.22. Documents Unavailable. 71.23. Designated Inspection Area. 71.24. Limited Copies Available at Times of Request. 71.25. Approval of Applications to Review Documents. 71.26. Inspection Hours. PRIVATE USE OF THE GREAT SEAL OF TEXAS 71.40. Definitions. 71.41. Application Process. 71.42. Exemptions. 71.43. Denial of Application. 71.44. Fees; Payment of Money; Exemptions. 71.45. Licensing. 71.46. Quarterly Report. 71.47. Monitoring. 71.48. Enforcement. 71.49. tiirough 71.60. [RESERVED] Antborlty; The provisions of this Chapter 71 issued under the provUioos of Texas Civ. SL art 4331: Acts 1967, 60th Leg., p. 597. ch. 271, effective May 23, 1%7, as amended (Texas Civ. St. art. 6252-17); and AcU 1975, 64th Leg., p. 136, ch. 61, effective January 1, 1976, as amended (Texas Civ. St. an. 62S2-13a), unless otherwise noted. Revision Nos. 2, 3 & 4 135 OFnCE OF THE SECRETARY OF STATE Ft. IV Revision Nos. 2, 3 & 4 136 Copyright e 1986 SiaieofTcxai and Han Ir\formaiionSyiienK. inc. Ch. 71 OFFICE OF THE SECRETARY 1 § 71.8. PRACTICE AND PROCEDURE §71.1. Conflicting Rules. In the event of a conflict between a rule contained in this category of the rules of the secretary of state, and a rule contained in another category, the rule in the other category shall prevail over the rule in this category. Sonrce: The provisiDnsofthis§7].l adopted to be effective January 1, 1976. §71.2. Communications. All letters and other communications intended for the OfBce of the Secretary of State should be addressed to Secretary of State, P.O. Box 12887, Capitol Station, Austin, Texas 78711. When appropriate, a letter may be marked for the attention of particular division or individual. Sonrcc: The provisionsof this §71.2 adopted to be effective January I, 1976. §7U. Business To Be Transacted in Writing. All business with the secretary of state should be transacted in writing. The personal attendance of principals or their attorneys or agents at the Offices of the Secretary of State is unnecessary. Unless it is otherwise specifically stated in the rules of this part, the action of the secretary of state will be based exclusively on the written record in the office. No consideration will be given to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt. Source: The provisions of this §71.3 adopted to be effective January 1. 1976. §71.4. Receipt of Letters and Papers. Letters and other papers received in the Office of the Secretary of State will be stamped with the date of receipt. The time of day will not be stamped. No papers are received on Saturdays, Sundays, or state holidays. Source: The provisions of this §71.4 adopted to be effective January 1, 1976. §71.5. Times for Taking Action. Whenever periods of time are specified in the rules of this part in days, calendar days are intended. When the day, or the last day, fixed by the rules for taking any action or paying any fee in the Office of the Secretary of State falls on Saturday, Sunday, or on a state holiday, the action may be taken, or Uie fee paid, on the next succeeding day which is not a Saturday, Sunday, or a state holiday. This section does not alter the time for taking action which is fixed by any statute. Sonrce: The provisions of this §71.5 adopted lo be effective January I, 1976. §71.6. [RESERVED] §71.7. Public Record. (a) Unless otherwise provided by constitutional provision, statutory provision^ or judicial decision, all documents on file with the secretary of state are specifically declared to be public record. (b) Because of the necessity of ensiuing security of the files and file integrity, members of the general public shall not be allowed direct access to documents on file with the secretary of state without the prior approval of the appropriate division director, and unless the access is under the direct supervision of an employee of the secretary of state. (c) Documents on file will be produced for the examination of any person at such reasonable times and in such manner as will not interfere with the affairs of the Office of the Secretary of Stale. Source: The provisions of this §71.7 adopted to be effective January 1, 1976. §71.8. Copies; Certified Copies; Fees for Copies. (a) Copies of any document on file in the Office of the Secretar>' of State will be furnished by the secretary of state to any person upon payment of the fee therefor. (b) Upon request, and upon payment of the statutory fee for the certificate in addition to the statutory fee for the copies, copies of documents on file in the Office of the Secretary of State will be certified by the signature of the secretary and the seal of the Slate of Texas. (c) Fees for noncertified copies of documents on file in the Office of the Secretary of State shall be computed as follows: (1) fifty-five cents for the first page of a document; (2) fifteen cents for each additional page of the same document, or additional copies of the same document; Revision Nos. 2, 3 & 4 137 1 §71.8. OFHCE OF THE SECRETARY OF STATE Pt. IV (3) when noncertified copies are required to be mailed, the cost of postage will be added to the computed fee. Source: The provisions of this §71.8adopted to be effective January- 1, 1976; amended to be effective December 29, 1976, 1 TexReg362I. §71.9. Fees; Payment of Moner, Refunds. (a) Fees and charges payable to thesecreiarv of state are required to be paid in advance, thai is, at the time of presenting a document for filing or making a request for information for which a fee or charge is payable. (b) All payments of money lo the secretary of state should be made in United States specie, treasury notes, national bank notes, post office money orders, or by certified check. Payment tendered in any other form will authorize the Office of the Secretary of State to delay or cancel the credit until collection is made. Money orders and checks must be made payable lo the Secretar>' of State of Texas. Money sent by mail to the secretary of state will be at the risk of the sender; letters containing money should be registered. (c) Money paid by actual mistake or in excess, such as a payment not required by law, will be refunded, but a mere change of purpose after the payment of money, as when a party desires to withdraw an application for filing, will not entitle a party to a refund. Only amounts in excess of $5.00 will be refunded under any circumstances. Source: The provisions of this §71.9 adopted to be effective Januarv 1, 1976; amended to be effective May 12, 1978, 3 TexReg 1590; amended to be effective January 9, 1980. 4TexReg4717; amended lo be effective June 3, 1985, 10 TexRcg 1619. §71.10. Special Services. (a) Upon the request of any person, notice of any action taken by the secretary of state will be given the requesting party- by means of a Telex message or Mailgram. The fee for this service shall be $4.00, in addition to any statutory fees required by law. (b) Upon the request of any person, certification of the existence of any document on file in the Office of the Secretary of State will be given the requesting party by means of a Telex message or Mailgram. The fee for this service shall be $6.00, in addition to any statutory fees required by law. (c) Upon the request of any person, the secretary of state will expedite the filing or reviewing of a document relating to a profit or nonprofit corporation, professional corporation or association, cooperative association, or limited partnership. On the day of receipt, the secretary of state will notify the sender of the filing or of the reason the document was not filed. The fee for this service shall be $10. Requests for expedited filing or reviewing must be sent to: Secretary of State, Corporations Division, Special Handhng, P.O. Box 12436, Austin, Texas 78711. (d) Upon the request of any person, the secretary of state will expedite the handling of a certified record search pursuant to Business and Commerce Code Chapter 9 or 35, or Texas Taxation—General article 1.07C. The fee for this service shall be $5.00. Source: The provisions of this §71.10 adopted to be effective Januar>' 1, 1976. Authority: The provisions of this §71.10 issued under Acts 1979.