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.