1-1  By:  Tallas (Senate Sponsor - Madla)                  H.B. No. 2749
    1-2        (In the Senate - Received from the House May 11, 1993;
    1-3  May 12, 1993, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 20, 1993, reported favorably by
    1-5  the following vote:  Yeas 10, Nays 0; May 20, 1993, sent to
    1-6  printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister         x                               
   1-10        Leedom             x                               
   1-11        Carriker           x                               
   1-12        Henderson          x                               
   1-13        Madla              x                               
   1-14        Moncrief           x                               
   1-15        Patterson          x                               
   1-16        Rosson             x                               
   1-17        Shapiro                                       x    
   1-18        Wentworth          x                               
   1-19        Whitmire           x                               
   1-20                         A BILL TO BE ENTITLED
   1-21                                AN ACT
   1-22  relating to services and issuance of noncertified papers and other
   1-23  documents by county clerks.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 118.011(a), Local Government Code, is
   1-26  amended to read as follows:
   1-27        (a)  A county clerk shall collect the following fees for
   1-28  services rendered to any person:
   1-29              (1)  Personal      Property      Records      Filing
   1-30                     (Sec. 118.012) .......................... $ 2.00
   1-31              (2)  Real Property Records Filing (Sec. 118.013):
   1-32                   for the first page ........................ $ 3.00
   1-33                   for each additional page or part of a page on
   1-34                     which   there   are  visible   marks of   any
   1-35                     kind .................................... $ 2.00
   1-36                   for all or part of each 8-1/2" X 14" attachment or
   1-37                     rider ................................... $ 2.00
   1-38                   for each name in excess of five names that has to
   1-39                     be indexed   in   all   records in which the
   1-40                     document must be indexed ................ $ 0.25
   1-41              (3)  Certified Papers (Sec. 118.014):
   1-42                   for the clerk's certificate ............... $ 1.00
   1-43                   plus   a  fee  for each  page or  part  of a  page
   1-44                     of ...................................... $ 1.00
   1-45              (4)  Noncertified Papers (Sec. 118.0145):
   1-46                   for each page or part of a page ........... $ 1.00
   1-47              (5)  Birth   or     Death    Certificate  (Sec.
   1-48                     118.015) ............... same as state registrar
   1-49              (6) <(5)>  Bond Approval (Sec. 118.016) ........ $ 3.00
   1-50              <(6)  Notary Appointment (Sec. 118.017) ....... $ 4.00>
   1-51              (7)  Marriage License (Sec. 118.018) ........... $25.00
   1-52              (8)  Declaration   of  Informal   Marriage
   1-53                     (Sec. 118.019) .......................... $25.00
   1-54              (9)  Brand Registration (Sec. 118.020) ......... $ 5.00
   1-55              (10)  Oath Administration (Sec. 118.021) ....... $ 1.00
   1-56        SECTION 2.  Subchapter B, Chapter 118, Local Government Code,
   1-57  is amended by adding Section 118.0145 to read as follows:
   1-58        Sec. 118.0145.  NONCERTIFIED PAPERS.  The fee for
   1-59  "Noncertified Papers" under Section 118.011 is for issuing a
   1-60  noncertified copy of each page or part of a page of a document.
   1-61  The fee must be paid at the time the order is placed.
   1-62        SECTION 3.  Section 118.052, Local Government Code, is
   1-63  amended to read as follows:
   1-64        Sec. 118.052.  Fee Schedule.  Each clerk of a county court
   1-65  shall collect the following fees for services rendered to any
   1-66  person:
   1-67              (1)  CIVIL COURT ACTIONS
   1-68                   (A)  Filing of Original Action (Sec. 118.053):
    2-1                          (i)  Garnishment after judgment .... $15.00
    2-2                         (ii)  All others .................... $40.00
    2-3                   (B)  Filing   of  Action  Other   than  Original
    2-4                          (Sec. 118.054) ..................... $30.00
    2-5                   (C)  Services Rendered After Judgment in Original
    2-6                          Action (Sec. 118.0545):
    2-7                          (i)  Abstract of judgment ........... $5.00
    2-8                         (ii)  Execution, order of sale, writ, or
    2-9                                 other process ................ $5.00
   2-10              (2)  PROBATE COURT ACTIONS
   2-11                   (A)  Probate Original Action (Sec. 118.055):
   2-12                          (i)  Probate of a will with independent
   2-13                                 executor, administration with will
   2-14                                 attached, administration of an
   2-15                                 estate, guardianship or receivership
   2-16                                 of an  estate, or  muniment  of
   2-17                                 title ....................... $35.00
   2-18                         (ii)  Community survivors ........... $20.00
   2-19                        (iii)  Small estates ................. $10.00
   2-20                         (iv)  Affidavits of heirship ........ $10.00
   2-21                          (v)  Mental     health     or      chemical
   2-22                                 dependency services ......... $40.00
   2-23                         (vi)  Additional,   special   fee  (Sec.
   2-24                                 118.064) .................... $ 3.00
   2-25                   (B)  Services in Pending Probate Action (Sec.
   2-26                          118.056):
   2-27                          (i)  Filing and recording a document:
   2-28                               for the first page ............ $ 3.00
   2-29                               for each additional page or part of a
   2-30                                 page ........................ $ 2.00
   2-31                         (ii)  Approving and recording bond .. $ 3.00
   2-32                        (iii)  Administering oath ............ $ 2.00
   2-33                   (C)  Adverse     Probate    Action    (Sec.
   2-34                          118.057) ........................... $35.00
   2-35                   (D)  Claim Against Estate (Sec. 118.058) .. $ 2.00
   2-36              (3)  OTHER FEES
   2-37                   (A)  Issuing Document <Requiring a Return, No
   2-38                          Pending Action> (Sec. 118.059):
   2-39                            original document and one copy ... $ 4.00
   2-40                            each additional set of an original and
   2-41                              one copy ....................... $ 4.00
   2-42                   (B)  Certified Papers<, No Return Required>
   2-43                          (Sec. 118.060):
   2-44                            for the clerk's certificate ...... $ 1.00
   2-45                            plus a  fee  per  page or part of a page
   2-46                              of ............................. $ 1.00
   2-47                   (C)  Noncertified Papers (Sec. 118.0605):
   2-48                            for each page or part of a page .. $ 1.00
   2-49                   (D)  Letters Testamentary, Letter of Guardianship,
   2-50                          Letter   of Administration, or Abstract of
   2-51                          Judgment (Sec. 118.061) ............ $ 2.00
   2-52                   (E) <(D)>  Safekeeping    of    Wills  (Sec.
   2-53                                118.062) ..................... $ 5.00
   2-54                   (F) <(E)>  Mail  Service   of   Process   (Sec.
   2-55                                118.063) ............ same as sheriff
   2-56        SECTION 4.  Subchapter C, Chapter 118, Local Government Code,
   2-57  is amended by adding Section 118.0605 to read as follows:
   2-58        Sec. 118.0605.  NONCERTIFIED PAPERS.  (a)  The fee for
   2-59  "Noncertified Papers" under Section 118.052(3) is for issuing a
   2-60  noncertified copy of each page or part of a page of a document.
   2-61        (b)  The fee must be paid at the time the order is placed.
   2-62        SECTION 5.  Section 118.017, Local Government Code, is
   2-63  repealed.
   2-64        SECTION 6.  The changes in law made by this Act apply only to
   2-65  fees that become payable on or after the effective date of this
   2-66  Act.  A fee that became payable before the effective date of this
   2-67  Act is governed by the law in effect at the time the fee became
   2-68  payable, and that law remains in effect for that purpose only.
   2-69        SECTION 7.  This Act takes effect September 1, 1993.
   2-70        SECTION 8.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended.
    3-5                               * * * * *
    3-6                                                         Austin,
    3-7  Texas
    3-8                                                         May 20, 1993
    3-9  Hon. Bob Bullock
   3-10  President of the Senate
   3-11  Sir:
   3-12  We, your Committee on Intergovernmental Relations to which was
   3-13  referred H.B. No. 2749, have had the same under consideration, and
   3-14  I am instructed to report it back to the Senate with the
   3-15  recommendation that it do pass and be printed.
   3-16                                                         Armbrister,
   3-17  Chairman
   3-18                               * * * * *
   3-19                               WITNESSES
   3-20                                                  FOR   AGAINST  ON
   3-21  ___________________________________________________________________
   3-22  Name:  Susan Wendal                              x
   3-23  Representing:  Tx Assoc. of Counties
   3-24  City:  Austin
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   3-26  Name:  Anjanette Ables                           x
   3-27  Representing:  Legis. Committee as Chair
   3-28  City:  Granbury
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   3-30  Name:  Dianne Wilson                             x
   3-31  Representing:  Co/Dist Clk Assoc of Tx
   3-32  City:  Richmond
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