73R8944 CAG-F
By Eckels H.B. No. 2215
Substitute the following for H.B. No. 2215:
By Chisum C.S.H.B. No. 2215
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to records management and preservation fees used by
1-3 counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 118.0216, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 118.0216. Records Management and Preservation. (a)
1-8 The fee for "Records Management and Preservation" under Section
1-9 118.011 is for the records management and preservation services
1-10 performed by the county as required by Chapter 203 <clerk> after
1-11 the filing of a document that is required or permitted to be filed
1-12 in the following records:
1-13 (1) real property records;
1-14 (2) personal property records;
1-15 (3) personal records;
1-16 (4) cattle brand registration records;
1-17 (5) assumed names;
1-18 (6) bonds; and
1-19 (7) financing statements and related instruments
1-20 established by the Business & Commerce Code that are filed in the
1-21 real property records.
1-22 (b) This fee does not apply to:
1-23 (1) marriage records;
1-24 (2) financing statements and related instruments
2-1 established by the Business & Commerce Code that are not filed in
2-2 the real property records;
2-3 (3) budgets and notices of posting; or
2-4 (4) any document for which a filing fee is prohibited
2-5 by statute.
2-6 (c) This <and recording of a document in the records of the
2-7 office of the clerk. The> fee must be paid at the time of the
2-8 filing of the document. The fee shall be placed in a special fund
2-9 to be called the "Records Management and Preservation Fund" and
2-10 <may be> used only <to provide funds> for <specific> records
2-11 management, preservation, or <and> automation purposes <projects>
2-12 in the county. The fee may be set only once a year, before August
2-13 1, by the commissioners court, taking effect on September 1 of that
2-14 same year. The fee may not exceed $5 for each document filed.
2-15 (d) No expenditures may be made from the fund without prior
2-16 approval of the commissioners court.
2-17 SECTION 2. Section 118.052, Local Government Code, is
2-18 amended to read as follows:
2-19 Sec. 118.052. Fee Schedule. Each clerk of a county court
2-20 shall collect the following fees for services rendered to any
2-21 person:
2-22 (1) CIVIL COURT ACTIONS
2-23 (A) Filing of Original Action (Sec. 118.053):
2-24 (i) Garnishment after judgment .... $15.00
2-25 (ii) All others .................... $40.00
2-26 (B) Filing of Action Other than Original
2-27 (Sec. 118.054) ..................... $30.00
3-1 (C) Services Rendered After Judgment in Original
3-2 Action (Sec. 118.0545):
3-3 (i) Abstract of judgment ........... $5.00
3-4 (ii) Execution, order of sale, writ, or
3-5 other process ................ $5.00
3-6 (2) PROBATE COURT ACTIONS
3-7 (A) Probate Original Action (Sec. 118.055):
3-8 (i) Probate of a will with independent
3-9 executor, administration with will
3-10 attached, administration of an
3-11 estate, guardianship or receivership
3-12 of an estate, or muniment of
3-13 title ....................... $35.00
3-14 (ii) Community survivors ........... $20.00
3-15 (iii) Small estates ................. $10.00
3-16 (iv) Affidavits of heirship ........ $10.00
3-17 (v) Mental health or chemical
3-18 dependency services ......... $40.00
3-19 (vi) Additional, special fee (Sec.
3-20 118.064) .................... $ 3.00
3-21 (B) Services in Pending Probate Action (Sec.
3-22 118.056):
3-23 (i) Filing and recording a document:
3-24 for the first page ............ $ 3.00
3-25 for each additional page or part of a
3-26 page ........................ $ 2.00
3-27 (ii) Approving and recording bond .. $ 3.00
4-1 (iii) Administering oath ............ $ 2.00
4-2 (C) Adverse Probate Action (Sec.
4-3 118.057) ........................... $35.00
4-4 (D) Claim Against Estate (Sec. 118.058) .. $ 2.00
4-5 (3) OTHER FEES
4-6 (A) Issuing Document Requiring a Return, No
4-7 Pending Action (Sec. 118.059):
4-8 original document and one copy ... $ 4.00
4-9 each additional set of an original and
4-10 one copy ....................... $ 4.00
4-11 (B) Certified Papers, No Return Required
4-12 (Sec. 118.060):
4-13 for the clerk's certificate ...... $ 1.00
4-14 plus a fee per page or part of a page
4-15 of ............................. $ 1.00
4-16 (C) Letters Testamentary, Letter of Guardianship,
4-17 Letter of Administration, or Abstract of
4-18 Judgment (Sec. 118.061) ............ $ 2.00
4-19 (D) Safekeeping of Wills (Sec.
4-20 118.062) ........................... $ 5.00
4-21 (E) Mail Service of Process (Sec.
4-22 118.063) .................. same as sheriff
4-23 (F) Records Management and Preservation
4-24 Fee ................................. $5.00
4-25 SECTION 3. Subchapter C, Chapter 118, Local Government Code,
4-26 is amended by adding Section 118.0546 to read as follows:
4-27 Sec. 118.0546. RECORDS MANAGEMENT AND PRESERVATION
5-1 FEE--CIVIL CASES. (a) The fee for "Records Management and
5-2 Preservation" under Section 118.052 is for the records management
5-3 and preservation services performed by the county as required by
5-4 Chapter 203.
5-5 (b) The fee shall be assessed as cost and must be paid at
5-6 the time of filing any civil case or ancillary pleading thereto.
5-7 (c) The fee shall be placed in a special fund to be called
5-8 the "Records Management and Preservation Fund."
5-9 (d) The fee shall be used only for records management and
5-10 preservation purposes in the county. No expenditure may be made
5-11 from this fund without prior approval of the commissioners court.
5-12 SECTION 4. Subchapter C, Chapter 118, Local Government Code,
5-13 is amended by adding Section 118.0645 to read as follows:
5-14 Sec. 118.0645. RECORDS MANAGEMENT AND PRESERVATION
5-15 FEE--PROBATE CASES. (a) The fee for "Records Management and
5-16 Preservation" under Section 118.052 is for the records management
5-17 and preservation services performed by the county as required by
5-18 Chapter 203.
5-19 (b) The fee shall be assessed as cost and must be paid at
5-20 the time of filing any probate case or adverse probate action.
5-21 (c) The fee shall be placed in a special fund entitled
5-22 "Records Management and Preservation Fund."
5-23 (d) The fee shall be used only for records management and
5-24 preservation purposes in the county as required by Chapter 203. No
5-25 expenditure may be made from this fund without prior approval of
5-26 the commissioners court.
5-27 SECTION 5. Section 203.003, Local Government Code, is
6-1 amended to read as follows:
6-2 Sec. 203.003. Duties of Commissioners Court. The
6-3 commissioners court of each county shall:
6-4 (1) promote and support the efficient and economical
6-5 management of records of all elective offices in the county to
6-6 enable elected county officers to conform to this subtitle and
6-7 rules adopted under it;
6-8 (2) facilitate the creation and maintenance of records
6-9 containing adequate and proper documentation of the organization,
6-10 functions, policies, decisions, procedures, and essential
6-11 transactions of each elective office and designed to furnish the
6-12 information necessary to protect the legal and financial rights of
6-13 the local government, the state, and the persons affected by the
6-14 activities of the local government;
6-15 (3) facilitate the identification and preservation of
6-16 the records of elective offices that are of permanent value; <and>
6-17 (4) facilitate the identification and protection of
6-18 the essential records of elective offices; and
6-19 (5) establish a records management and preservation
6-20 fund and expend money in the fund under the county budget for
6-21 purposes authorized by this chapter.
6-22 SECTION 6. Section 51.317, Government Code, is amended by
6-23 amending Subsection (b) and adding Subsection (c) to read as
6-24 follows:
6-25 (b) The fees are:
6-26 (1) for filing a suit, including an appeal from an
6-27 inferior court ............................. $45
7-1 (2) for filing a cross-action, intervention, contempt
7-2 action, or motion for new trial ............ $15
7-3 (3) for issuing a subpoena, including one copy, when
7-4 requested at the time a suit or action is
7-5 filed ...................................... $ 4
7-6 (4) for issuing a citation or other writ or process
7-7 not otherwise provided for, including one copy,
7-8 when requested at the time a suit or action is
7-9 filed ...................................... $ 8
7-10 (5) for issuing an additional copy of a process not
7-11 otherwise provided for, when requested at the
7-12 time a suit or action is filed ............. $ 4
7-13 (6) for the records management and preservation
7-14 fund ..................................... $ 5.
7-15 (c) The district clerk, after collecting a fee under
7-16 Subsection (b)(6), shall pay the fee to the county treasurer, or to
7-17 an official who discharges the duties commonly delegated to the
7-18 county treasurer, for deposit in the records management and
7-19 preservation fund.
7-20 SECTION 7. Article 102.005, Code of Criminal Procedure, is
7-21 amended by adding Subsection (d) to read as follows:
7-22 (d) A defendant convicted of an offense in a county court, a
7-23 county court at law, or a district court shall pay a fee of $10 for
7-24 records management and preservation services performed by the
7-25 county as required by Chapter 203, Local Government Code. The fee
7-26 shall be collected and distributed by a district court in the same
7-27 manner as fees are collected and distributed under Section
8-1 51.317(c), Government Code. The fee received by a county shall be
8-2 placed in a special fund to be called the "Records Management and
8-3 Preservation Fund." The fee shall be used only for records
8-4 management and preservation purposes in the county as required by
8-5 Chapter 203, Local Government Code. No expenditures may be made
8-6 from this fund without prior approval of the commissioners court.
8-7 SECTION 8. The importance of this legislation and the
8-8 crowded condition of the calendars in both houses create an
8-9 emergency and an imperative public necessity that the
8-10 constitutional rule requiring bills to be read on three several
8-11 days in each house be suspended, and this rule is hereby suspended.