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.