H.B. No. 2749
    1-1                                AN ACT
    1-2  relating to services and issuance of noncertified papers and other
    1-3  documents by county clerks.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 118.011(a), Local Government Code, is
    1-6  amended to read as follows:
    1-7        (a)  A county clerk shall collect the following fees for
    1-8  services rendered to any person:
    1-9              (1)  Personal      Property      Records      Filing
   1-10                     (Sec. 118.012) .......................... $ 2.00
   1-11              (2)  Real Property Records Filing (Sec. 118.013):
   1-12                   for the first page ........................ $ 3.00
   1-13                   for each additional page or part of a page on
   1-14                     which   there   are  visible   marks of   any
   1-15                     kind .................................... $ 2.00
   1-16                   for all or part of each 8-1/2" X 14" attachment or
   1-17                     rider ................................... $ 2.00
   1-18                   for each name in excess of five names that has to
   1-19                     be indexed   in   all   records in which the
   1-20                     document must be indexed ................ $ 0.25
   1-21              (3)  Certified Papers (Sec. 118.014):
   1-22                   for the clerk's certificate ............... $ 1.00
   1-23                   plus   a  fee  for each  page or  part  of a  page
    2-1                     of ...................................... $ 1.00
    2-2              (4)  Noncertified Papers (Sec. 118.0145):
    2-3                   for each page or part of a page ........... $ 1.00
    2-4              (5)  Birth   or     Death    Certificate  (Sec.
    2-5                     118.015) ............... same as state registrar
    2-6              (6) <(5)>  Bond Approval (Sec. 118.016) ........ $ 3.00
    2-7              <(6)  Notary Appointment (Sec. 118.017) ....... $ 4.00>
    2-8              (7)  Marriage License (Sec. 118.018) ........... $25.00
    2-9              (8)  Declaration   of  Informal   Marriage
   2-10                     (Sec. 118.019) .......................... $25.00
   2-11              (9)  Brand Registration (Sec. 118.020) ......... $ 5.00
   2-12              (10)  Oath Administration (Sec. 118.021) ....... $ 1.00
   2-13        SECTION 2.  Subchapter B, Chapter 118, Local Government Code,
   2-14  is amended by adding Section 118.0145 to read as follows:
   2-15        Sec. 118.0145.  NONCERTIFIED PAPERS.  The fee for
   2-16  "Noncertified Papers" under Section 118.011 is for issuing a
   2-17  noncertified copy of each page or part of a page of a document.
   2-18  The fee must be paid at the time the order is placed.
   2-19        SECTION 3.  Section 118.052, Local Government Code, is
   2-20  amended to read as follows:
   2-21        Sec. 118.052.  Fee Schedule.  Each clerk of a county court
   2-22  shall collect the following fees for services rendered to any
   2-23  person:
   2-24              (1)  CIVIL COURT ACTIONS
   2-25                   (A)  Filing of Original Action (Sec. 118.053):
    3-1                          (i)  Garnishment after judgment .... $15.00
    3-2                         (ii)  All others .................... $40.00
    3-3                   (B)  Filing   of  Action  Other   than  Original
    3-4                          (Sec. 118.054) ..................... $30.00
    3-5                   (C)  Services Rendered After Judgment in Original
    3-6                          Action (Sec. 118.0545):
    3-7                          (i)  Abstract of judgment ........... $5.00
    3-8                         (ii)  Execution, order of sale, writ, or
    3-9                                 other process ................ $5.00
   3-10              (2)  PROBATE COURT ACTIONS
   3-11                   (A)  Probate Original Action (Sec. 118.055):
   3-12                          (i)  Probate of a will with independent
   3-13                                 executor, administration with will
   3-14                                 attached, administration of an
   3-15                                 estate, guardianship or receivership
   3-16                                 of an  estate, or  muniment  of
   3-17                                 title ....................... $35.00
   3-18                         (ii)  Community survivors ........... $20.00
   3-19                        (iii)  Small estates ................. $10.00
   3-20                         (iv)  Affidavits of heirship ........ $10.00
   3-21                          (v)  Mental     health     or      chemical
   3-22                                 dependency services ......... $40.00
   3-23                         (vi)  Additional,   special   fee  (Sec.
   3-24                                 118.064) .................... $ 3.00
   3-25                   (B)  Services in Pending Probate Action (Sec.
    4-1                          118.056):
    4-2                          (i)  Filing and recording a document:
    4-3                               for the first page ............ $ 3.00
    4-4                               for each additional page or part of a
    4-5                                 page ........................ $ 2.00
    4-6                         (ii)  Approving and recording bond .. $ 3.00
    4-7                        (iii)  Administering oath ............ $ 2.00
    4-8                   (C)  Adverse     Probate    Action    (Sec.
    4-9                          118.057) ........................... $35.00
   4-10                   (D)  Claim Against Estate (Sec. 118.058) .. $ 2.00
   4-11              (3)  OTHER FEES
   4-12                   (A)  Issuing Document <Requiring a Return, No
   4-13                          Pending Action> (Sec. 118.059):
   4-14                            original document and one copy ... $ 4.00
   4-15                            each additional set of an original and
   4-16                              one copy ....................... $ 4.00
   4-17                   (B)  Certified Papers<, No Return Required>
   4-18                          (Sec. 118.060):
   4-19                            for the clerk's certificate ...... $ 1.00
   4-20                            plus a  fee  per  page or part of a page
   4-21                              of ............................. $ 1.00
   4-22                   (C)  Noncertified Papers (Sec. 118.0605):
   4-23                            for each page or part of a page .. $ 1.00
   4-24                   (D)  Letters Testamentary, Letter of Guardianship,
   4-25                          Letter   of Administration, or Abstract of
    5-1                          Judgment (Sec. 118.061) ............ $ 2.00
    5-2                   (E) <(D)>  Safekeeping    of    Wills  (Sec.
    5-3                                118.062) ..................... $ 5.00
    5-4                   (F) <(E)>  Mail  Service   of   Process   (Sec.
    5-5                                118.063) ............ same as sheriff
    5-6        SECTION 4.  Subchapter C, Chapter 118, Local Government Code,
    5-7  is amended by adding Section 118.0605 to read as follows:
    5-8        Sec. 118.0605.  NONCERTIFIED PAPERS.  (a)  The fee for
    5-9  "Noncertified Papers" under Section 118.052(3) is for issuing a
   5-10  noncertified copy of each page or part of a page of a document.
   5-11        (b)  The fee must be paid at the time the order is placed.
   5-12        SECTION 5.  Section 118.017, Local Government Code, is
   5-13  repealed.
   5-14        SECTION 6.  The changes in law made by this Act apply only to
   5-15  fees that become payable on or after the effective date of this
   5-16  Act.  A fee that became payable before the effective date of this
   5-17  Act is governed by the law in effect at the time the fee became
   5-18  payable, and that law remains in effect for that purpose only.
   5-19        SECTION 7.  This Act takes effect September 1, 1993.
   5-20        SECTION 8.  The importance of this legislation and the
   5-21  crowded condition of the calendars in both houses create an
   5-22  emergency and an imperative public necessity that the
   5-23  constitutional rule requiring bills to be read on three several
   5-24  days in each house be suspended, and this rule is hereby suspended.