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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.