By Deshotel H.B. No. 1935
77R6068 SMJ-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fees collected for certain services by clerks of
1-3 county courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 118.052, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
1-8 shall collect the following fees for services rendered to any
1-9 person:
1-10 (1) CIVIL COURT ACTIONS
1-11 (A) Filing of Original Action (Sec. 118.053):
1-12 (i) Garnishment after judgment . . .
1-13 $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
1-21 other process . . . $5.00
1-22 (2) PROBATE COURT ACTIONS
1-23 (A) Probate Original Action (Sec. 118.055):
1-24 (i) Probate of a will with independent
2-1 executor, administration with will attached, administration of an
2-2 estate, guardianship or receivership of an estate, or muniment of
2-3 title . . . $40.00
2-4 (ii) Community survivors . . . $40.00
2-5 (iii) Small estates . . . $40.00
2-6 (iv) Declarations of heirship . . . $40.00
2-7 (v) Mental health or chemical dependency
2-8 services . . . $40.00
2-9 (vi) Additional, special fee (Sec.
2-10 118.064) . . . $5.00
2-11 (B) Services in Pending Probate Action (Sec.
2-12 118.056):
2-13 (i) Filing an inventory and appraisement
2-14 after the 120th day after the date of the initial filing of the
2-15 action . . . $25.00
2-16 (ii) Approving and recording bond . . .
2-17 $3.00
2-18 (iii) Administering oath . . . $2.00
2-19 (iv) Filing annual or final account of
2-20 estate . . . $25.00
2-21 (v) Filing application for sale of real or
2-22 personal property . . . $25.00
2-23 (vi) Filing annual or final report of
2-24 guardian of a person . . . $10.00
2-25 (vii) Filing a document not listed under
2-26 this paragraph . . . $10.00
2-27 (C) Adverse Probate Action (Sec. 118.057) . . .
3-1 $40.00
3-2 (D) Claim Against Estate (Sec. 118.058) . . .
3-3 $2.00
3-4 (3) OTHER FEES
3-5 (A) Issuing Document (Sec. 118.059):
3-6 (i) original document and one copy . . .
3-7 $8.00 [$4.00]
3-8 (ii) each additional set of an original
3-9 and one copy . . . $4.00
3-10 (B) Certified Papers (Sec. 118.060):
3-11 (i) for the clerk's certificate . . .
3-12 $5.00
3-13 (ii) plus a fee per page or part of a page
3-14 of . . . $1.00
3-15 (C) Noncertified Papers (Sec. 118.0605): for
3-16 each page or part of a page . . . $1.00
3-17 (D) Letters Testamentary, Letter of
3-18 Guardianship, Letter of Administration, or Abstract of Judgment
3-19 (Sec. 118.061) . . . $2.00
3-20 (E) Safekeeping of Wills (Sec. 118.062) . . .
3-21 $5.00
3-22 same as
3-23 (F) Mail Service of Process (Sec. 118.063) . . .
3-24 sheriff
3-25 (G) Records Management and Preservation Fee
3-26 . . . $5.00
3-27 SECTION 2. The changes in law made by this Act apply only to
4-1 a fee that becomes due on or after the effective date of this Act.
4-2 A fee that becomes due before the effective date of this Act is
4-3 governed by the law in effect when the fee became due, and that law
4-4 is continued in effect for that purpose.
4-5 SECTION 3. This Act takes effect September 1, 2001.