By: Eckels H.B. No. 2215
73R6335 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to records management and preservation fees of the office
1-3 of county clerks.
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 clerk as required by Section 203.002 after
1-11 the filing of a document which 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
1-19 7. Financing Statements and related instruments
1-20 established by the Business & Commerce Code which 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 Business & Commerce Code which are not filed in the
2-2 Real Property Records
2-3 3. Budgets and Notices of Posting
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 entitled "Records Management and Preservation Fund" and <may be>
2-10 used only to provide funds for <specific> records management and
2-11 preservation <and automation> projects in the office of the county
2-12 clerk. The fee may be set only once a year, prior to August 1st,
2-13 by the county clerk, taking effect on September 1 of that same
2-14 year.
2-15 (d) No expenditures may be made from this fund by the county
2-16 clerk without prior 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 ................................ $10.00
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 clerk as required
5-4 by Section 203.002.
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 entitled
5-8 "Records Management and Preservation Fund."
5-9 (d) The fee shall be used only to provide for records
5-10 management and preservation projects in the office of the county
5-11 clerk. No expenditure may be made from this fund by the county
5-12 clerk without prior approval of the commissioners court.
5-13 SECTION 4. Subchapter C, Chapter 118, Local Government Code,
5-14 is amended by adding Section 118.0645 to read as follows:
5-15 Sec. 118.0645. RECORDS MANAGEMENT AND PRESERVATION
5-16 FEE--PROBATE CASES. (a) The fee for "Records Management and
5-17 Preservation" under Section 118.052 is for the records management
5-18 and preservation services performed by the county clerk as required
5-19 by Section 203.002.
5-20 (b) The fee shall be assessed as cost and must be paid at
5-21 the time of filing any probate case or adverse probate action.
5-22 (c) The fee shall be placed in a special fund entitled
5-23 "Records Management and Preservation Fund."
5-24 (d) The fee shall be used only to provide for records
5-25 management and preservation projects in the office of the county
5-26 clerk. No expenditure may be made from this fund by the county
5-27 clerk without prior approval of the commissioners court.
6-1 SECTION 5. Article 102.005, Code of Criminal Procedure, is
6-2 amended by adding Subsection (d) to read as follows:
6-3 (d) A defendant convicted of a misdemeanor offense in county
6-4 court or county court at law shall pay a fee of $10 for records
6-5 management and preservation services performed by the county clerk
6-6 as required by Section 203.002, Local Government Code. The fee
6-7 shall be placed in a special fund entitled "Records Management and
6-8 Preservation Fund." The fee shall be used only to provide for
6-9 records management and preservation projects in the office of the
6-10 county clerk. No expenditures may be made from this fund by the
6-11 county clerk without prior approval of the commissioners court.
6-12 SECTION 6. The importance of this legislation and the
6-13 crowded condition of the calendars in both houses create an
6-14 emergency and an imperative public necessity that the
6-15 constitutional rule requiring bills to be read on three several
6-16 days in each house be suspended, and this rule is hereby suspended.