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78R501 MI-D

By:  Hinojosa                                                     S.B. No. 453


A BILL TO BE ENTITLED
AN ACT
relating to the fee charged by a county clerk for providing copies of certain documents in electronic form. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 118.011(a), Local Government Code, is amended to read as follows: (a) A county clerk shall collect the following fees for services rendered to any person: (1) Personal Property Records Filing (Sec. 118.012) . . . $2.00 (2) Real Property Records Filing (Sec. 118.013): for the first page . . . $3.00 for each additional page or part of a page on which there are visible marks of any kind . . . $2.00 for all or part of each 8-1/2" X 14" attachment or rider . . . $2.00 for each name in excess of five names that has to be indexed in all records in which the document must be indexed . . . $0.25 (3) Certified Papers (Sec. 118.014): for the clerk's certificate . . . $5.00 plus a fee for each page or part of a page . . . $1.00 (4) Noncertified Papers (Sec. 118.0145): for each page or part of a page provided in paper, electronic, or other format . . . $1.00 (5) Birth or Death Certificate (Sec. 118.015) . . . same as state registrar (6) Bond Approval (Sec. 118.016) . . . $3.00 (7) Marriage License (Sec. 118.018) . . . $30.00 (8) Declaration of Informal Marriage (Sec. 118.019) . . . $25.00 (9) Brand Registration (Sec. 118.020) . . . $5.00 (10) Oath Administration (Sec. 118.021) . . . $1.00 SECTION 2. Section 118.011(e), Local Government Code, as added by Chapter 1155, Acts of the 77th Legislature, Regular Session, 2001, is amended as follows: (e) Except as provided by Subsection (a)(4) of this section and Section 118.052(3)(C), a [A] county clerk who provides a copy in a format other than paper of a record maintained by the clerk shall provide the copy and charge a fee in accordance with Sections 552.231 and 552.262, Government Code. SECTION 3. Section 118.052, Local Government Code, is amended to read as follows: Sec. 118.052. FEE SCHEDULE. Each clerk of a county court shall collect the following fees for services rendered to any person: (1) CIVIL COURT ACTIONS (A) Filing of Original Action (Sec. 118.053): (i) Garnishment after judgment . . . $15.00 (ii) All others . . . $40.00 (B) Filing of Action Other than Original (Sec. 118.054) . . . $30.00 (C) Services Rendered After Judgment in Original Action (Sec. 118.0545): (i) Abstract of judgment . . . $5.00 (ii) Execution, order of sale, writ, or other process . . . $5.00 (2) PROBATE COURT ACTIONS (A) Probate Original Action (Sec. 118.055): (i) Probate of a will with independent executor, administration with will attached, administration of an estate, guardianship or receivership of an estate, or muniment of title . . . $40.00 (ii) Community survivors . . . $40.00 (iii) Small estates . . . $40.00 (iv) Declarations of heirship . . . $40.00 (v) Mental health or chemical dependency services . . . $40.00 (vi) Additional, special fee (Sec. 118.064) . . . $5.00 (B) Services in Pending Probate Action (Sec. 118.056): (i) Filing an inventory and appraisement after the 120th day after the date of the initial filing of the action . . . $25.00 (ii) Approving and recording bond . . . $3.00 (iii) Administering oath . . . $2.00 (iv) Filing annual or final account of estate . . . $25.00 (v) Filing application for sale of real or personal property . . . $25.00 (vi) Filing annual or final report of guardian of a person . . . $10.00 (C) Adverse Probate Action (Sec. 118.057) . . . $40.00 (D) Claim Against Estate (Sec. 118.058) . . . $2.00 (3) OTHER FEES (A) Issuing Document (Sec. 118.059): original document and one copy . . . $4.00 each additional set of an original and one copy . . . $4.00 (B) Certified Papers (Sec. 118.060): for the clerk's certificate . . . $5.00 plus a fee per page or part of a page of . . . $1.00 (C) Noncertified Papers (Sec. 118.0605): for each page or part of a page provided in paper, electronic, or other format . . . $1.00 (D) Letters Testamentary, Letter of Guardianship, Letter of Administration, or Abstract of Judgment (Sec. 118.061) . . . $2.00 (E) Safekeeping of Wills (Sec. 118.062) . . . $5.00 same as (F) Mail Service of Process (Sec. 118.063) . . . sheriff (G) Records Management and Preservation Fee . . . $5.00 SECTION 4. (a) This Act takes effect September 1, 2003. (b) The change in law made by this Act applies only to a copy of a document the request for which is made on or after September 1, 2003.