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.