By Hartnett H.B. No. 3267
76R7846 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the additional special fee 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 .............................. $35.00
2-3 (ii) Community survivors ................ $20.00
2-4 (iii) Small estates ..................... $10.00
2-5 (iv) Affidavits of heirship ............. $10.00
2-6 (v) Mental health or chemical dependency
2-7 services ............................ $40.00
2-8 (vi) Additional, special fee (Sec. 118.064)
2-9 ............................ $ 5.00 [$3.00]
2-10 (B) Services in Pending Probate Action (Sec. 118.056):
2-11 (i) Filing and recording a document: for the
2-12 first page .......................... $ 3.00
2-13 for each additional page or part of a page
2-14 ..................................... $ 2.00
2-15 (ii) Approving and recording bond ....... $ 3.00
2-16 (iii) Administering oath ................ $ 2.00
2-17 (C) Adverse Probate Action (Sec. 118.057) ..... $35.00
2-18 (D) Claim Against Estate (Sec. 118.058) ....... $ 2.00
2-19 (3) OTHER FEES
2-20 (A) Issuing Document (Sec. 118.059): original document
2-21 and one copy .............................. $ 4.00
2-22 each additional set of an original and one copy
2-23 ........................................... $ 4.00
2-24 (B) Certified Papers (Sec. 118.060): for the clerk's
2-25 certificate ............................... $ 5.00
2-26 plus a fee per page or part of a page of .. $ 1.00
2-27 (C) Noncertified Papers (Sec. 118.0605): for each page
3-1 or part of a page ......................... $ 1.00
3-2 (D) Letters Testamentary, Letter of Guardianship,
3-3 Letter of Administration, or Abstract of Judgment
3-4 (Sec. 118.061) ............................ $ 2.00
3-5 (E) Safekeeping of Wills (Sec. 118.062) ....... $ 5.00
3-6 same as
3-7 (F) Mail Service of Process (Sec. 118.063) ... sheriff
3-8 (G) Records Management and Preservation Fee ... $ 5.00
3-9 SECTION 2. This Act takes effect September 1, 1999, and
3-10 applies only to a fee that first becomes due on or after that date.
3-11 A fee that first became due before the effective date of this Act
3-12 is governed by the law in effect when the fee became due, and that
3-13 law is continued in effect for that purpose.
3-14 SECTION 3. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.