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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