By Deshotel H.B. No. 2822
76R6761 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fees charged by a county clerk for probate filings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 118.052, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
1-7 shall collect the following fees for services rendered to any
1-8 person:
1-9 (1) CIVIL COURT ACTIONS
1-10 (A) Filing of Original Action (Sec. 118.053):
1-11 (i) Garnishment after judgment .......... $15.00
1-12 (ii) All others ......................... $40.00
1-13 (B) Filing of Action Other than Original (Sec.
1-14 118.054) .................................. $30.00
1-15 (C) Services Rendered After Judgment in Original
1-16 Action (Sec. 118.0545):
1-17 (i) Abstract of judgment ................ $ 5.00
1-18 (ii) Execution, order of sale, writ, or other
1-19 process ............................ $ 5.00
1-20 (2) PROBATE COURT ACTIONS
1-21 (A) Probate Original Action (Sec. 118.055):
1-22 (i) Probate of a will with independent executor,
1-23 administration with will attached,
1-24 administration of an estate, guardianship or
2-1 receivership of an estate, or muniment of
2-2 title ..................... $50.00 [$35.00]
2-3 (ii) Community survivors ....... $50.00 [$20.00]
2-4 (iii) Small estates ............ $50.00 [$10.00]
2-5 (iv) Declarations [Affidavits] of heirship
2-6 ........................... $50.00 [$10.00]
2-7 (v) Mental health or chemical dependency
2-8 services ............................ $40.00
2-9 (vi) Additional, special fee (Sec. 118.064)
2-10 ............................. $5.00 [$3.00]
2-11 (B) Services in Pending Probate Action (Sec. 118.056):
2-12 (i) [Filing and recording a document: for the
2-13 first page .......................... $ 3.00
2-14 for each additional page or part of a page
2-15 ..................................... $ 2.00]
2-16 [(ii)] Approving and recording bond ..... $ 3.00
2-17 (ii) [(iii)] Administering oath ......... $ 2.00
2-18 (C) Adverse Probate Action (Sec. 118.057)
2-19 .................................. $50.00 [$35.00]
2-20 (D) Claim Against Estate (Sec. 118.058) ....... $ 2.00
2-21 (3) OTHER FEES
2-22 (A) Issuing Document (Sec. 118.059): original document
2-23 and one copy .............................. $ 4.00
2-24 each additional set of an original and one copy
2-25 ........................................... $ 4.00
2-26 (B) Certified Papers (Sec. 118.060): for the clerk's
2-27 certificate ............................... $ 5.00
3-1 plus a fee per page or part of a page of .. $ 1.00
3-2 (C) Noncertified Papers (Sec. 118.0605): for each page
3-3 or part of a page ......................... $ 1.00
3-4 (D) Letters Testamentary, Letter of Guardianship,
3-5 Letter of Administration, or Abstract of Judgment
3-6 (Sec. 118.061) ............................ $ 2.00
3-7 (E) Safekeeping of Wills (Sec. 118.062) ....... $ 5.00
3-8 same as
3-9 (F) Mail Service of Process (Sec. 118.063) ... sheriff
3-10 (G) Records Management and Preservation Fee ... $ 5.00
3-11 SECTION 2. Section 118.056, Local Government Code, is
3-12 amended to read as follows:
3-13 Sec. 118.056. SERVICES IN PENDING PROBATE ACTION. [(a) The
3-14 fees for "Services in Pending Probate Action" under Section
3-15 118.052(2) are for services in an action in an open probate docket
3-16 rendered after the filing of an order approving the inventory and
3-17 appraisment or after the 90th day after the date of the initial
3-18 filing of the action, whichever occurs first.]
3-19 [(b) The fee for filing a document also applies to each page
3-20 or part of a page for the filing of a document or exhibit filed by
3-21 a movant after the filing of an original answer or response, after
3-22 the filing of an order approving the inventory and appraisement, or
3-23 after the 90th day after the date of the initial filing of the
3-24 action, whichever occurs first, and before the filing of an adverse
3-25 action, contest, suit, or pleading seeking affirmative relief.]
3-26 [(c)] Each fee under Section 118.052(2)(B) shall be paid in
3-27 cash at the time of the filing or the rendering of the service and
4-1 is in addition to other fees prescribed by Section 118.052.
4-2 SECTION 3. This Act takes effect September 1, 1999.
4-3 SECTION 4. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.