By Nixon                                              H.B. No. 2331
         76R609 BEM-D                           
 1-1                            A BILL TO BE ENTITLED
 1-2                                   AN ACT
 1-3     relating to creating a court fee to pay for the renovation and
 1-4     construction of court buildings in certain counties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 118.052,  Local Government Code, is
 1-7     amended to read as follows:
 1-8           Sec. 118.052.  FEE SCHEDULE. Each clerk of a county court
 1-9     shall collect the following fees for services rendered to any
1-10     person:
1-11           (1)  CIVIL COURT ACTIONS
1-12                 (A)  Filing of Original Action (Sec. 118.053):
1-13                       (i)  Garnishment after judgment .......... $15.00
1-14                       (ii)  All others ......................... $40.00
1-15                 (B)  Filing of Action Other than Original (Sec.
1-16                      118.054) .................................. $30.00
1-17                 (C)  Services Rendered After Judgment in Original
1-18                      Action (Sec. 118.0545):
1-19                       (i)  Abstract of judgment ................ $ 5.00
1-20                       (ii)  Execution, order of sale, writ, or other
1-21                             process ............................ $ 5.00
1-22                 (D)  Renovation and Construction of Court Buildings
1-23                      (certain counties) (Section 118.0547) (this fee
1-24                      expires September 1, 2004) ................ $12.50
 2-1           (2)  PROBATE COURT ACTIONS
 2-2                 (A)  Probate Original Action (Sec. 118.055):
 2-3                       (i)  Probate of a will with independent executor,
 2-4                            administration with will attached,
 2-5                            administration of an estate, guardianship or
 2-6                            receivership of an estate, or muniment of
 2-7                            title ..............................  $35.00
 2-8                       (ii)  Community survivors ................ $20.00
 2-9                       (iii)  Small estates ..................... $10.00
2-10                       (iv)  Affidavits of heirship ............. $10.00
2-11                       (v)  Mental health or chemical dependency
2-12                            services ............................ $40.00
2-13                       (vi)  Additional,  special  fee  (Sec.  118.064)
2-14                             .................................... $ 3.00
2-15                 (B)  Services in Pending Probate Action (Sec. 118.056):
2-16                       (i)  Filing and recording a document: for the
2-17                            first page .......................... $ 3.00
2-18                            for each additional page or part of a page
2-19                            ..................................... $ 2.00
2-20                       (ii)  Approving and recording bond ....... $ 3.00
2-21                       (iii)  Administering oath ................ $ 2.00
2-22                 (C)  Adverse Probate Action (Sec. 118.057) ..... $35.00
2-23                 (D)  Claim Against Estate (Sec. 118.058) ....... $ 2.00
2-24           (3)  OTHER FEES
2-25                 (A)  Issuing Document (Sec. 118.059): original document
2-26                      and one copy .............................. $ 4.00
2-27                      each additional set of an original and one copy
 3-1                      ........................................... $ 4.00
 3-2                 (B)  Certified Papers (Sec. 118.060): for the clerk's
 3-3                      certificate ............................... $ 5.00
 3-4                      plus a fee per page or part of a page of .. $ 1.00
 3-5                 (C)  Noncertified Papers (Sec. 118.0605): for each page
 3-6                      or part of a page ......................... $ 1.00
 3-7                 (D)  Letters Testamentary, Letter of Guardianship,
 3-8                      Letter of Administration, or Abstract of Judgment
 3-9                      (Sec. 118.061) ............................ $ 2.00
3-10                 (E)  Safekeeping of Wills (Sec. 118.062) ....... $ 5.00
3-11                                                                 same as
3-12                 (F)  Mail Service of Process (Sec. 118.063) ... sheriff
3-13                 (G)  Records Management and Preservation Fee ... $ 5.00
3-14           SECTION 2.  Subchapter C,  Chapter 118, Local Government
3-15     Code, is amended by adding Section 118.0547 to read as follows:
3-16           Sec. 118.0547.  RENOVATION AND CONSTRUCTION FEE IN CERTAIN
3-17     COUNTIES.  (a)  This section applies only to a county with a
3-18     population of 2.8 million or more.
3-19           (b)  The fee for "Renovation and Construction of Court
3-20     Buildings" under Section 118.052(1) may be used only for:
3-21                 (1)  renovating a building formerly occupied as a
3-22     county criminal court building; and
3-23                 (2)  constructing  a new county civil court building.
3-24           (c)  The fee shall be assessed as cost and must be paid at
3-25     the time a civil case or ancillary pleading in a civil case is
3-26     filed.
3-27           (d)  The commissioners court must approve each expenditure
 4-1     made from the money collected under this section.
 4-2           (e)  This section and Section 118.052(1)(D) expires September
 4-3     1, 2004.
 4-4           SECTION 3.  This Act takes effect September 1, 1999, and
 4-5     applies only to a fee that first becomes due on or after that date.
 4-6     A fee that first became due before the effective date of this Act
 4-7     is governed by the law in effect when the fee became due, and that
 4-8     law is continued in effect for that purpose.
 4-9           SECTION 4.  The importance of this legislation and the
4-10     crowded condition of the calendars in both houses create an
4-11     emergency and an imperative public necessity that the
4-12     constitutional rule requiring bills to be read on three several
4-13     days in each house be suspended, and this rule is hereby suspended.