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.