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A BILL TO BE ENTITLED
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AN ACT
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relating to changing the name of the procedure for probating a will |
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as a muniment of title. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 89A, Texas Probate Code, |
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is amended to read as follows: |
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Sec. 89A. CONTENTS OF APPLICATION FOR PROBATE OF WILL |
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WITHOUT ADMINISTRATION [AS MUNIMENT OF TITLE]. |
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SECTION 2. Sections 89A(a) and (c), Texas Probate Code, are |
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amended to read as follows: |
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(a) A written will shall, if within the control of the |
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applicant, be filed with the application for probate of a will |
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without administration [as a muniment of title], and shall remain |
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in the custody of the county clerk unless removed from the custody |
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of the clerk by order of a proper court. An application for probate |
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of a will without administration [as a muniment of title] shall |
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state: |
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(1) The name and domicile of each applicant. |
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(2) The name, age if known, and domicile of the |
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decedent, and the fact, time, and place of death. |
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(3) Facts showing that the court has venue. |
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(4) That the decedent owned real or personal property, |
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or both, describing the property generally, and stating its |
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probable value. |
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(5) The date of the will, the name and residence of the |
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executor named in the will, if any, and the names and residences of |
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the subscribing witnesses, if any. |
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(6) Whether a child or children born or adopted after |
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the making of such will survived the decedent, and the name of each |
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such survivor, if any. |
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(7) That there are no unpaid debts owing by the estate |
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of the testator, excluding debts secured by liens on real estate. |
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(8) Whether the decedent was ever divorced, and if so, |
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when and from whom. |
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(9) Whether the state, a governmental agency of the |
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state, or a charitable organization is named by the will as a |
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devisee. |
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The foregoing matters shall be stated and averred in the |
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application to the extent that they are known to the applicant, or |
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can with reasonable diligence be ascertained by the applicant, and |
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if any of such matters is not stated or averred in the application, |
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the application shall set forth the reason why such matter is not so |
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stated and averred. |
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(c) An application for probate of a nuncupative will without |
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administration [as muniment of title] shall contain all applicable |
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statements required with respect to written wills in the foregoing |
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subsections and also: |
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(1) The substance of testamentary words spoken. |
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(2) The names and residences of the witnesses thereto. |
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SECTION 3. Section 89B, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 89B. PROOF REQUIRED FOR PROBATE OF [A] WILL WITHOUT |
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ADMINISTRATION [AS A MUNIMENT OF TITLE]. (a) General Proof. |
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Whenever an applicant seeks to probate a will without |
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administration [as a muniment of title], the applicant must first |
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prove to the satisfaction of the court: |
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(1) That the person is dead, and that four years have |
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not elapsed since the person's death and prior to the application; |
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and |
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(2) That the court has jurisdiction and venue over the |
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estate; and |
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(3) That citation has been served and returned in the |
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manner and for the length of time required by this Code; and |
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(4) That there are no unpaid debts owing by the estate |
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of the testator, excluding debts secured by liens on real estate. |
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(b) To obtain probate of a will without administration [as a
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muniment of title], the applicant must also prove to the |
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satisfaction of the court: |
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(1) If the will is not self-proved as provided by this |
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Code, that the testator, at the time of executing the will, was at |
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least 18 years of age, or was or had been lawfully married, or was a |
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member of the armed forces of the United States or of the |
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auxiliaries of the armed forces of the United States, or of the |
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Maritime Service of the United States, and was of sound mind; and |
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(2) If the will is not self-proved as provided by this |
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Code, that the testator executed the will with the formalities and |
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solemnities and under the circumstances required by law to make it a |
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valid will; and |
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(3) That such will was not revoked by the testator. |
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SECTION 4. Section 89C, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 89C. PROBATE OF WILLS WITHOUT ADMINISTRATION [AS
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MUNIMENTS OF TITLE]. (a) In each instance where the court is |
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satisfied that a will should be admitted to probate, and where the |
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court is further satisfied that there are no unpaid debts owing by |
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the estate of the testator, excluding debts secured by liens on real |
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estate, or for other reason finds that there is no necessity for |
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administration upon such estate, the court may admit such will to |
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probate without administration [as a muniment of title]. |
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(b) If a person who is entitled to property under the |
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provisions of the will cannot be ascertained solely by reference to |
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the will or if a question of construction of the will exists, on |
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proper application and notice as provided by Chapter 37, Civil |
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Practice and Remedies Code, the court may hear evidence and include |
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in the order probating the will without administration [as a
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muniment of title] a declaratory judgment construing the will or |
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determining those persons who are entitled to receive property |
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under the will and the persons' shares or interests in the estate. |
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The judgment is conclusive in any suit between any person omitted |
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from the judgment and a bona fide purchaser for value who has |
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purchased real or personal property after entry of the judgment |
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without actual notice of the claim of the omitted person to an |
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interest in the estate. Any person who has delivered property of |
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the decedent to a person declared to be entitled to the property |
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under the judgment or has engaged in any other transaction with the |
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person in good faith after entry of the judgment is not liable to |
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any person for actions taken in reliance on the judgment. |
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(c) The order admitting a will to probate without |
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administration [as a muniment of title] shall constitute sufficient |
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legal authority to all persons owing any money to the estate of the |
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decedent, having custody of any property, or acting as registrar or |
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transfer agent of any evidence of interest, indebtedness, property, |
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or right belonging to the estate, and to persons purchasing from or |
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otherwise dealing with the estate, for payment or transfer, without |
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liability, to the persons described in such will as entitled to |
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receive the particular asset without administration. The person or |
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persons entitled to property under the provisions of such wills |
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shall be entitled to deal with and treat the properties to which |
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they are so entitled in the same manner as if the record of title |
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thereof were vested in their names. |
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(d) Unless waived by the court, before the 181st day, or |
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such later day as may be extended by the court, after the date a will |
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is admitted to probate without administration [as a muniment of
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title], the applicant for probate of the will shall file with the |
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clerk of the court a sworn affidavit stating specifically the terms |
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of the will that have been fulfilled and the terms of the will that |
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have been unfulfilled. Failure of the applicant for probate of the |
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will to file such affidavit shall not otherwise affect title to |
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property passing under the terms of the will. |
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SECTION 5. Section 101.081, Government Code, is amended to |
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read as follows: |
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Sec. 101.081. STATUTORY COUNTY COURT FEES AND COSTS. The |
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clerk of a statutory county court shall collect fees and costs as |
|
|
follows: |
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(1) court cost in certain civil cases to establish and |
|
|
maintain an alternative dispute resolution system, if authorized by |
|
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
|
Remedies Code) . . . not to exceed $10; |
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(2) appellate judicial system filing fees: |
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(A) First or Fourteenth Court of Appeals District |
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(Sec. 22.2021, Government Code) . . . not more than $5; |
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(B) Second Court of Appeals District (Sec. |
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22.2031, Government Code) . . . not more than $5; |
|
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(C) Fourth Court of Appeals District (Sec. |
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22.2051, Government Code) . . . not more than $5; |
|
|
(D) Fifth Court of Appeals District (Sec. |
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22.2061, Government Code) . . . not more than $5; and |
|
|
(E) Thirteenth Court of Appeals District (Sec. |
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22.2141, Government Code) . . . not more than $5; |
|
|
(3) an official court reporter fee, County Court at |
|
|
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; |
|
|
(4) a court reporter fee when testimony is taken in a |
|
|
county court at law in McLennan County (Sec. 25.1572, Government |
|
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Code) . . . $3; |
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|
(5) a stenographer fee, if a record or part of a record |
|
|
is made: |
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(A) in a county court at law in Hidalgo County |
|
|
(Sec. 25.1102, Government Code) . . . $20; and |
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|
(B) in a county court at law in Nolan County (Sec. |
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|
25.1792, Government Code) . . . $25; |
|
|
(6) jury fee (Sec. 51.604, Government Code) . . . $22; |
|
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(7) an additional filing fee: |
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(A) for each civil case filed to be used for |
|
|
court-related purposes for the support of the judiciary, if |
|
|
authorized by the county commissioners court (Sec. 51.702, |
|
|
Government Code) . . . $40; |
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(B) to fund the improvement of Dallas County |
|
|
civil court facilities, if authorized by the county commissioners |
|
|
court (Sec. 51.705, Government Code) . . . not more than $15; and |
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(C) for filing any civil action or proceeding |
|
|
requiring a filing fee, including an appeal, and on the filing of |
|
|
any counterclaim, cross-action, intervention, interpleader, or |
|
|
third-party action requiring a filing fee, to fund civil legal |
|
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
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. . . $5; |
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(8) for filing an application for registration of |
|
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death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
|
(9) fee for judge's services on an application for |
|
|
court-ordered mental health services (Sec. 574.031, Health and |
|
|
Safety Code) . . . not to exceed $50; |
|
|
(10) fee for prosecutor's services on an application |
|
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
|
Safety Code) . . . not to exceed $50; |
|
|
(11) for filing a suit in Comal County (Sec. 152.0522, |
|
|
Human Resources Code) . . . $4; |
|
|
(12) additional filing fee to fund contingency fund |
|
|
for liability insurance, if authorized by the county commissioners |
|
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
|
(13) civil court actions (Sec. 118.052, Local |
|
|
Government Code): |
|
|
(A) filing of original action (Secs. 118.052 and |
|
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118.053, Local Government Code): |
|
|
(i) garnishment after judgment (Sec. |
|
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118.052, Local Government Code) . . . $15; and |
|
|
(ii) all others (Sec. 118.052, Local |
|
|
Government Code) . . . $40; |
|
|
(B) filing of action other than original (Secs. |
|
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118.052 and 118.054, Local Government Code) . . . $30; and |
|
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(C) services rendered after judgment in original |
|
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
|
(i) abstract of judgment (Sec. 118.052, |
|
|
Local Government Code) . . . $5; and |
|
|
(ii) execution, order of sale, writ, or |
|
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
|
(14) probate court actions (Sec. 118.052, Local |
|
|
Government Code): |
|
|
(A) probate original action (Secs. 118.052 and |
|
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118.055, Local Government Code): |
|
|
(i) probate of a will with independent |
|
|
executor, administration with will attached, administration of an |
|
|
estate, probate of a will without administration, or guardianship |
|
|
or receivership of an estate[, or muniment of title] (Sec. 118.052, |
|
|
Local Government Code) . . . $40; |
|
|
(ii) community survivors (Sec. 118.052, |
|
|
Local Government Code) . . . $40; |
|
|
(iii) small estates (Sec. 118.052, Local |
|
|
Government Code) . . . $40; |
|
|
(iv) declarations of heirship (Sec. |
|
|
118.052, Local Government Code) . . . $40; |
|
|
(v) mental health or chemical dependency |
|
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
|
(vi) additional, special fee (Secs. 118.052 |
|
|
and 118.064, Local Government Code) . . . $5; |
|
|
(B) services in pending probate action (Secs. |
|
|
118.052 and 118.056, Local Government Code): |
|
|
(i) filing an inventory and appraisement |
|
|
after the 120th day after the date of the initial filing of the |
|
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(ii) approving and recording bond (Sec. |
|
|
118.052, Local Government Code) . . . $3; |
|
|
(iii) administering oath (Sec. 118.052, |
|
|
Local Government Code) . . . $2; |
|
|
(iv) filing annual or final account of |
|
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(v) filing application for sale of real or |
|
|
personal property (Sec. 118.052, Local Government Code). . . $25; |
|
|
(vi) filing annual or final report of |
|
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
|
$10; and |
|
|
(vii) filing a document not listed under |
|
|
this paragraph after the filing of an order approving the inventory |
|
|
and appraisement or after the 120th day after the date of the |
|
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
|
$25; |
|
|
(C) adverse probate action (Secs. 118.052 and |
|
|
118.057, Local Government Code) . . . $40; and |
|
|
(D) claim against estate (Secs. 118.052 and |
|
|
118.058, Local Government Code) . . . $2; |
|
|
(15) other fees (Sec. 118.052, Local Government Code): |
|
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
|
Local Government Code): |
|
|
(i) original document and one copy (Sec. |
|
|
118.052, Local Government Code) . . . $4; and |
|
|
(ii) each additional set of an original and |
|
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
|
Local Government Code): |
|
|
(i) for the clerk's certificate (Sec. |
|
|
118.052, Local Government Code) . . . $5; and |
|
|
(ii) a fee per page or part of a page (Sec. |
|
|
118.052, Local Government Code) . . . $1; |
|
|
(C) noncertified papers, for each page or part of |
|
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
|
$1; |
|
|
(D) letters testamentary, letter of |
|
|
guardianship, letter of administration, or abstract of judgment |
|
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
|
(E) safekeeping of wills (Secs. 118.052 and |
|
|
118.062, Local Government Code) . . . $5; |
|
|
(F) mail service of process (Secs. 118.052 and |
|
|
118.063, Local Government Code) . . . same as sheriff; and |
|
|
(G) records management and preservation fee |
|
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
|
. . . $5; |
|
|
(16) additional filing fee to fund the courthouse |
|
|
security fund, if authorized by the county commissioners court |
|
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
|
(17) additional filing fee for filing documents not |
|
|
subject to certain filing fees to fund the courthouse security |
|
|
fund, if authorized by the county commissioners court (Sec. |
|
|
291.008, Local Government Code) . . . $1; |
|
|
(18) additional filing fee to fund the courthouse |
|
|
security fund in Webb County, if authorized by the county |
|
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
|
to exceed $20; |
|
|
(19) court cost in civil cases other than suits for |
|
|
delinquent taxes to fund the county law library fund, if authorized |
|
|
by the county commissioners court (Sec. 323.023, Local Government |
|
|
Code) . . . not to exceed $35; |
|
|
(20) fee for deposit of a will with the county clerk |
|
|
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; |
|
|
(21) court cost for each special commissioner in an |
|
|
eminent domain proceeding (Sec. 21.047, Property Code). . . as |
|
|
taxed by the court, $10 or more; |
|
|
(22) fee for county attorney in a suit regarding a |
|
|
railroad company's failure to keep roadbed and right-of-way in |
|
|
proper condition (Art. 6327, Vernon's Texas Civil Statutes) . . . |
|
|
$10; |
|
|
(23) court fees and costs, if ordered by the court, for |
|
|
a suit filed by an inmate in which an affidavit or unsworn |
|
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
|
(A) 20 percent of the preceding six months' |
|
|
deposits to the inmate's trust account administered by the Texas |
|
|
Department of Criminal Justice under Section 501.014, Government |
|
|
Code; or |
|
|
(B) the total amount of court fees and costs; |
|
|
(24) monthly payment for remaining court fees and |
|
|
costs after the initial payment for a suit in which an affidavit or |
|
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
|
of: |
|
|
(A) 10 percent of that month's deposit to the |
|
|
inmate's trust account administered by the Texas Department of |
|
|
Criminal Justice under Section 501.014, Government Code; or |
|
|
(B) the total amount of court fees and costs that |
|
|
remain unpaid; |
|
|
(25) the following costs not otherwise charged to the |
|
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
|
the inmate has previously filed an action dismissed as malicious or |
|
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
|
(A) expenses of service of process; |
|
|
(B) postage; and |
|
|
(C) transportation, housing, or medical care |
|
|
incurred in connection with the appearance of the inmate in the |
|
|
court for any proceeding; |
|
|
(26) the official court reporter's fee taxed as costs |
|
|
in civil actions in a statutory county court: |
|
|
(A) in Bexar County Courts at Law: |
|
|
(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 |
|
|
(Sec. 25.0172, Government Code) . . . taxed in the same manner as |
|
|
the fee is taxed in district court; and |
|
|
(ii) No. 2 (Sec. 25.0172, Government Code) |
|
|
. . . $3; |
|
|
(B) in Galveston County (Sec. 25.0862, |
|
|
Government Code) . . . taxed in the same manner as the fee is taxed |
|
|
in civil cases in the district courts; and |
|
|
(C) in Parker County (Sec. 25.1862, Government |
|
|
Code) . . . taxed in the same manner as the fee is taxed in civil |
|
|
cases in the district courts; |
|
|
(27) a stenographer's fee as costs in each civil, |
|
|
criminal, and probate case in which a record is made by the official |
|
|
court reporter in a statutory county court in Nolan County (Sec. |
|
|
25.1792, Government Code) . . . $25; |
|
|
(28) in Brazoria County, in matters of concurrent |
|
|
jurisdiction with the district court, fees (Sec. 25.0222, |
|
|
Government Code) . . . as prescribed by law for district judges |
|
|
according to the nature of the matter; |
|
|
(29) in Nueces County, in matters of concurrent |
|
|
jurisdiction with the district court, with certain exceptions, fees |
|
|
(Sec. 25.1802, Government Code) . . . equal to those in district |
|
|
court cases; |
|
|
(30) security deposit on filing, by any person other |
|
|
than the personal representative of an estate, an application, |
|
|
complaint, or opposition in relation to the estate, if required by |
|
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
|
proceeding; |
|
|
(31) security deposit on filing, by any person other |
|
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
|
application, complaint, or opposition in relation to a guardianship |
|
|
matter, if required by the clerk (Sec. 622, Texas Probate Code) |
|
|
. . . probable cost of the guardianship proceeding; |
|
|
(32) for a hearing or proceeding under the Texas |
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
|
costs (Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
|
reasonable compensation to the following persons appointed under |
|
|
the Texas Mental Health Code: |
|
|
(A) attorneys; |
|
|
(B) physicians; |
|
|
(C) language interpreters; |
|
|
(D) sign interpreters; and |
|
|
(E) masters; |
|
|
(33) for a hearing or proceeding under the Texas |
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
|
costs (Sec. 571.018, Health and Safety Code): |
|
|
(A) attorney's fees; |
|
|
(B) physician examination fees; |
|
|
(C) expense of transportation to a mental health |
|
|
facility or to a federal agency not to exceed $50 if transporting |
|
|
within the same county and not to exceed the reasonable cost of |
|
|
transportation if transporting between counties; |
|
|
(D) costs and salary supplements authorized |
|
|
under Section 574.031, Health and Safety Code; and |
|
|
(E) prosecutors' fees authorized under Section |
|
|
574.031, Health and Safety Code; |
|
|
(34) expenses of transporting certain patients from |
|
|
the county of treatment to a hearing in the county in which the |
|
|
proceedings originated (Sec. 574.008, Health and Safety Code) . . . |
|
|
actual expenses unless certain arrangements are made to hold the |
|
|
hearing in the county in which the patient is receiving services; |
|
|
(35) expenses for expert witness testimony for an |
|
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
|
authorized by the court as reimbursement to the attorney ad litem, |
|
|
court-approved expenses; |
|
|
(36) fee for judge's services for holding a hearing on |
|
|
an application for court-ordered mental health services (Sec. |
|
|
574.031, Health and Safety Code) . . . as assessed by the judge, not |
|
|
to exceed $50; |
|
|
(37) expenses to reimburse judge for holding a hearing |
|
|
in a hospital or location other than the county courthouse (Sec. |
|
|
574.031, Health and Safety Code) . . . reasonable and necessary |
|
|
expenses as certified; |
|
|
(38) fee for services of a prosecuting attorney, |
|
|
including costs incurred for preparation of documents related to a |
|
|
hearing on an application for court-ordered mental health services |
|
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
|
judge, not to exceed $50; and |
|
|
(39) a fee not otherwise listed in this section that is |
|
|
required to be collected under Section 25.0008, Government Code |
|
|
(Sec. 25.0008, Government Code), in a county other than Brazos, |
|
|
Cameron, Ellis, Guadalupe, Harris, Henderson, Liberty, Moore, |
|
|
Nolan, Panola, Parker, Starr, Victoria, and Williamson . . . as |
|
|
prescribed by law relating to county judges' fees. |
|
|
SECTION 6. Section 101.101, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 101.101. STATUTORY PROBATE COURT FEES AND COSTS. The |
|
|
clerk of a statutory probate court shall collect fees and costs as |
|
|
follows: |
|
|
(1) court cost in certain civil cases to establish and |
|
|
maintain an alternative dispute resolution system, if authorized by |
|
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
|
Remedies Code) . . . not to exceed $10; |
|
|
(2) appellate judicial system filing fees: |
|
|
(A) First or Fourteenth Court of Appeals District |
|
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
|
(B) Second Court of Appeals District (Sec. |
|
|
22.2031, Government Code) . . . not more than $5; |
|
|
(C) Fourth Court of Appeals District (Sec. |
|
|
22.2051, Government Code) . . . not more than $5; |
|
|
(D) Fifth Court of Appeals District (Sec. |
|
|
22.2061, Government Code) . . . not more than $5; and |
|
|
(E) Thirteenth Court of Appeals District (Sec. |
|
|
22.2141, Government Code) . . . not more than $5; |
|
|
(3) additional filing fees as follows: |
|
|
(A) for certain cases to be used for |
|
|
court-related purposes for support of the judiciary, if authorized |
|
|
by the county commissioners court (Sec. 51.704, Government Code) |
|
|
. . . $40; |
|
|
(B) to fund the improvement of Dallas County |
|
|
civil court facilities, if authorized by the county commissioners |
|
|
court (Sec. 51.705, Government Code) . . . not more than $15; and |
|
|
(C) for filing any civil action or proceeding |
|
|
requiring a filing fee, including an appeal, and on the filing of |
|
|
any counterclaim, cross-action, intervention, interpleader, or |
|
|
third-party action requiring a filing fee to fund civil legal |
|
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
|
. . . $5; |
|
|
(4) for filing an application for registration of |
|
|
death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
|
(5) fee for judge's services on an application for |
|
|
court-ordered mental health services (Sec. 574.031, Health and |
|
|
Safety Code) . . . not to exceed $50; |
|
|
(6) fee for prosecutor's services on an application |
|
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
|
Safety Code) . . . not to exceed $50; |
|
|
(7) additional filing fee to fund contingency fund for |
|
|
liability insurance, if authorized by the county commissioners |
|
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
|
(8) probate court actions (Sec. 118.052, Local |
|
|
Government Code): |
|
|
(A) probate original action (Secs. 118.052 and |
|
|
118.055, Local Government Code): |
|
|
(i) probate of a will with independent |
|
|
executor, administration with will attached, administration of an |
|
|
estate, probate of a will without administration, or guardianship |
|
|
or receivership of an estate[, or muniment of title] (Sec. 118.052, |
|
|
Local Government Code) . . . $40; |
|
|
(ii) community survivors (Sec. 118.052, |
|
|
Local Government Code) . . . $40; |
|
|
(iii) small estates (Sec. 118.052, Local |
|
|
Government Code) . . . $40; |
|
|
(iv) declarations of heirship (Sec. |
|
|
118.052, Local Government Code) . . . $40; |
|
|
(v) mental health or chemical dependency |
|
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
|
(vi) additional, special fee (Secs. 118.052 |
|
|
and 118.064, Local Government Code) . . . $5; |
|
|
(B) services in pending probate action (Secs. |
|
|
118.052 and 118.056, Local Government Code): |
|
|
(i) filing an inventory and appraisement |
|
|
after the 120th day after the date of the initial filing of the |
|
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(ii) approving and recording bond (Sec. |
|
|
118.052, Local Government Code) . . . $3; |
|
|
(iii) administering oath (Sec. 118.052, |
|
|
Local Government Code) . . . $2; |
|
|
(iv) filing annual or final account of |
|
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(v) filing application for sale of real or |
|
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(vi) filing annual or final report of |
|
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
|
$10; and |
|
|
(vii) filing a document not listed under |
|
|
this paragraph after the filing of an order approving the inventory |
|
|
and appraisement or after the 120th day after the date of the |
|
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
|
$25; |
|
|
(C) adverse probate action (Secs. 118.052 and |
|
|
118.057, Local Government Code) . . . $40; and |
|
|
(D) claim against estate (Secs. 118.052 and |
|
|
118.058, Local Government Code) . . . $2; |
|
|
(9) other fees (Sec. 118.052, Local Government Code): |
|
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
|
Local Government Code): |
|
|
(i) original document and one copy (Sec. |
|
|
118.052, Local Government Code) . . . $4; and |
|
|
(ii) each additional set of an original and |
|
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
|
Local Government Code): |
|
|
(i) for the clerk's certificate (Sec. |
|
|
118.052, Local Government Code) . . . $5; and |
|
|
(ii) a fee per page or part of a page (Sec. |
|
|
118.052, Local Government Code) . . . $1; |
|
|
(C) noncertified papers, for each page or part of |
|
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
|
$1; |
|
|
(D) letters testamentary, letter of |
|
|
guardianship, letter of administration, or abstract of judgment |
|
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
|
(E) safekeeping of wills (Secs. 118.052 and |
|
|
118.062, Local Government Code) . . . $5; |
|
|
(F) mail service of process (Secs. 118.052 and |
|
|
118.063, Local Government Code) . . . same as sheriff; and |
|
|
(G) records management and preservation fee |
|
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; |
|
|
(10) fee for deposit of a will with the county clerk |
|
|
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; |
|
|
(11) court costs for each special commissioner in an |
|
|
eminent domain proceeding (Sec. 21.047, Property Code) . . . as |
|
|
taxed by the court, $10 or more; |
|
|
(12) jury fee for civil case (Sec. 51.604, Government |
|
|
Code) . . . $22; |
|
|
(13) court cost in civil cases other than suits for |
|
|
delinquent taxes to fund the county law library fund, if authorized |
|
|
by the county commissioners court (Sec. 323.023, Local Government |
|
|
Code) . . . not to exceed $35; |
|
|
(14) the expense of preserving the record as a court |
|
|
cost, if imposed on a party by the referring court or associate |
|
|
judge (Sec. 54.612, Government Code) . . . actual cost; |
|
|
(15) security deposit on filing, by any person other |
|
|
than the personal representative of an estate, an application, |
|
|
complaint, or opposition in relation to the estate, if required by |
|
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
|
proceeding; |
|
|
(16) security deposit on filing, by any person other |
|
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
|
application, complaint, or opposition in relation to a guardianship |
|
|
matter, if required by the clerk (Sec. 622, Texas Probate Code) |
|
|
. . . probable cost of the guardianship proceeding; |
|
|
(17) for a hearing or proceeding under the Texas |
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
|
costs (Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
|
reasonable compensation to the following persons appointed under |
|
|
the Texas Mental Health Code: |
|
|
(A) attorneys; |
|
|
(B) physicians; |
|
|
(C) language interpreters; |
|
|
(D) sign interpreters; and |
|
|
(E) masters; |
|
|
(18) for a hearing or proceeding under the Texas |
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
|
costs (Sec. 571.018, Health and Safety Code): |
|
|
(A) attorney's fees; |
|
|
(B) physician examination fees; |
|
|
(C) expense of transportation to a mental health |
|
|
facility or to a federal agency not to exceed $50 if transporting |
|
|
within the same county and not to exceed the reasonable cost of |
|
|
transportation if transporting between counties; |
|
|
(D) costs and salary supplements authorized |
|
|
under Section 574.031, Health and Safety Code; and |
|
|
(E) prosecutors' fees authorized under Section |
|
|
574.031, Health and Safety Code; |
|
|
(19) expenses of transporting certain patients from |
|
|
the county of treatment to a hearing in the county in which the |
|
|
proceedings originated (Sec. 574.008, Health and Safety Code) . . . |
|
|
actual expenses unless certain arrangements are made to hold the |
|
|
hearing in the county in which the patient is receiving services; |
|
|
(20) expenses for expert witness testimony for an |
|
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
|
authorized by the court as reimbursement to the attorney ad litem, |
|
|
court-approved expenses; |
|
|
(21) fee for judge's services for holding a hearing on |
|
|
an application for court-ordered mental health services (Sec. |
|
|
574.031, Health and Safety Code) . . . as assessed by the judge, not |
|
|
to exceed $50; |
|
|
(22) expenses to reimburse judge for holding a hearing |
|
|
in a hospital or location other than the county courthouse (Sec. |
|
|
574.031, Health and Safety Code) . . . reasonable and necessary |
|
|
expenses as certified; |
|
|
(23) fee for services of a prosecuting attorney, |
|
|
including costs incurred for preparation of documents related to a |
|
|
hearing on an application for court-ordered mental health services |
|
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
|
judge, not to exceed $50; and |
|
|
(24) a fee not otherwise listed in this section that is |
|
|
required to be collected under Section 25.0029, Government Code |
|
|
(Sec. 25.0029, Government Code) . . . as prescribed by law relating |
|
|
to county judges' fees. |
|
|
SECTION 7. Section 101.121, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 101.121. COUNTY COURT FEES AND COSTS. The clerk of a |
|
|
county court shall collect: |
|
|
(1) fee for hearing on application for a license to |
|
|
manufacture, distribute, store, or sell beer (Sec. 61.31, Alcoholic |
|
|
Beverage Code) . . . $5; |
|
|
(2) court cost in certain civil cases to establish and |
|
|
maintain an alternative dispute resolution system, if authorized by |
|
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
|
Remedies Code) . . . not to exceed $10; |
|
|
(3) appellate judicial system filing fees: |
|
|
(A) First or Fourteenth Court of Appeals District |
|
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
|
(B) Second Court of Appeals District (Sec. |
|
|
22.2031, Government Code) . . . not more than $5; |
|
|
(C) Fourth Court of Appeals District (Sec. |
|
|
22.2051, Government Code) . . . not more than $5; |
|
|
(D) Fifth Court of Appeals District (Sec. |
|
|
22.2061, Government Code) . . . not more than $5; and |
|
|
(E) Thirteenth Court of Appeals District (Sec. |
|
|
22.2141, Government Code) . . . not more than $5; |
|
|
(4) a jury fee (Sec. 51.604, Government Code) . . . |
|
|
$22; |
|
|
(5) a filing fee in each civil case filed to be used |
|
|
for court-related purposes for the support of the judiciary (Sec. |
|
|
51.703, Government Code) . . . $40; |
|
|
(6) for filing an application for registration of |
|
|
death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
|
(7) fee for judge's services on an application for |
|
|
court-ordered mental health services (Sec. 574.031, Health and |
|
|
Safety Code) . . . not to exceed $50; |
|
|
(8) fee for prosecutor's services on an application |
|
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
|
Safety Code) . . . not to exceed $50; |
|
|
(9) additional filing fee to fund contingency fund for |
|
|
liability insurance, if authorized by the county commissioners |
|
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
|
(10) civil court actions (Sec. 118.052, Local |
|
|
Government Code): |
|
|
(A) filing of original action (Secs. 118.052 and |
|
|
118.053, Local Government Code): |
|
|
(i) garnishment after judgment (Sec. |
|
|
118.052, Local Government Code) . . . $15; and |
|
|
(ii) all others (Sec. 118.052, Local |
|
|
Government Code) . . . $40; |
|
|
(B) filing of action other than original (Secs. |
|
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
|
(C) services rendered after judgment in original |
|
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
|
(i) abstract of judgment (Sec. 118.052, |
|
|
Local Government Code) . . . $5; and |
|
|
(ii) execution, order of sale, writ, or |
|
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
|
(11) probate court actions (Sec. 118.052, Local |
|
|
Government Code): |
|
|
(A) probate original action (Secs. 118.052 and |
|
|
118.055, Local Government Code): |
|
|
(i) probate of a will with independent |
|
|
executor, administration with will attached, administration of an |
|
|
estate, probate of a will without administration, or guardianship |
|
|
or receivership of an estate[, or muniment of title] (Sec. 118.052, |
|
|
Local Government Code) . . . $40; |
|
|
(ii) community survivors (Sec. 118.052, |
|
|
Local Government Code) . . . $40; |
|
|
(iii) small estates (Sec. 118.052, Local |
|
|
Government Code) . . . $40; |
|
|
(iv) declarations of heirship (Sec. |
|
|
118.052, Local Government Code) . . . $40; |
|
|
(v) mental health or chemical dependency |
|
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
|
(vi) additional, special fee (Secs. 118.052 |
|
|
and 118.064, Local Government Code) . . . $5; |
|
|
(B) services in pending probate action (Secs. |
|
|
118.052 and 118.056, Local Government Code): |
|
|
(i) filing an inventory and appraisement |
|
|
after the 120th day after the date of the initial filing of the |
|
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(ii) approving and recording bond (Sec. |
|
|
118.052, Local Government Code) . . . $3; |
|
|
(iii) administering oath (Sec. 118.052, |
|
|
Local Government Code) . . . $2; |
|
|
(iv) filing annual or final account of |
|
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(v) filing application for sale of real or |
|
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(vi) filing annual or final report of |
|
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
|
$10; and |
|
|
(vii) filing a document not listed under |
|
|
this paragraph after the filing of an order approving the inventory |
|
|
and appraisement or after the 120th day after the date of the |
|
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
|
$25; |
|
|
(C) adverse probate action (Secs. 118.052 and |
|
|
118.057, Local Government Code) . . . $40; and |
|
|
(D) claim against estate (Secs. 118.052 and |
|
|
118.058, Local Government Code) . . . $2; |
|
|
(12) other fees (Sec. 118.052, Local Government Code): |
|
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
|
Local Government Code): |
|
|
(i) original document and one copy (Sec. |
|
|
118.052, Local Government Code) . . . $4; and |
|
|
(ii) each additional set of an original and |
|
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
|
Local Government Code): |
|
|
(i) for the clerk's certificate (Sec. |
|
|
118.052, Local Government Code) . . . $5; and |
|
|
(ii) a fee per page or part of a page (Sec. |
|
|
118.052, Local Government Code) . . . $1; |
|
|
(C) noncertified papers, for each page or part of |
|
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
|
$1; |
|
|
(D) letters testamentary, letter of |
|
|
guardianship, letter of administration, or abstract of judgment |
|
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
|
(E) safekeeping of wills (Secs. 118.052 and |
|
|
118.062, Local Government Code) . . . $5; |
|
|
(F) mail service of process (Secs. 118.052 and |
|
|
118.063, Local Government Code) . . . same as sheriff; and |
|
|
(G) records management and preservation fee |
|
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
|
. . . $5; |
|
|
(13) deposit on filing petition requesting permission |
|
|
to create a municipal civic center authority (Sec. 281.013, Local |
|
|
Government Code) . . . $200; |
|
|
(14) additional filing fee to fund the courthouse |
|
|
security fund, if authorized by the county commissioners court |
|
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
|
(15) additional filing fee for filing documents not |
|
|
subject to certain filing fees to fund the courthouse security |
|
|
fund, if authorized by the county commissioners court (Sec. |
|
|
291.008, Local Government Code) . . . $1; |
|
|
(16) additional filing fee to fund the courthouse |
|
|
security fund in Webb County, if authorized by the county |
|
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
|
to exceed $20; |
|
|
(17) court cost in civil cases other than suits for |
|
|
delinquent taxes to fund the county law library fund, if authorized |
|
|
by the county commissioners court (Sec. 323.023, Local Government |
|
|
Code) . . . not to exceed $35; |
|
|
(18) fee for deposit of a will with the county clerk |
|
|
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; |
|
|
(19) fee for county attorney in a suit regarding a |
|
|
railroad company's failure to keep roadbed and right-of-way in |
|
|
proper condition (Art. 6327, Vernon's Texas Civil Statutes) . . . |
|
|
$10; |
|
|
(20) appeal bond from a petitioner or taxpayer in a |
|
|
water control and preservation district (Art. 7818, Vernon's Texas |
|
|
Civil Statutes) . . . $100; |
|
|
(21) additional filing fee for filing any civil action |
|
|
or proceeding requiring a filing fee, including an appeal, and on |
|
|
the filing of any counterclaim, cross-action, intervention, |
|
|
interpleader, or third-party action requiring a filing fee, to fund |
|
|
civil legal services for the indigent (Sec. 133.153, Local |
|
|
Government Code) . . . $5; |
|
|
(22) court fees and costs, if ordered by the court, for |
|
|
a suit filed by an inmate in which an affidavit or unsworn |
|
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
|
(A) 20 percent of the preceding six months' |
|
|
deposits to the inmate's trust account administered by the Texas |
|
|
Department of Criminal Justice under Section 501.014, Government |
|
|
Code; or |
|
|
(B) the total amount of court fees and costs; |
|
|
(23) monthly payment for remaining court fees and |
|
|
costs after the initial payment for a suit in which an affidavit or |
|
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
|
of: |
|
|
(A) 10 percent of that month's deposit to the |
|
|
inmate's trust account administered by the Texas Department of |
|
|
Criminal Justice under Section 501.014, Government Code; or |
|
|
(B) the total amount of court fees and costs that |
|
|
remain unpaid; |
|
|
(24) the following costs not otherwise charged to the |
|
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
|
the inmate has previously filed an action dismissed as malicious or |
|
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
|
(A) expenses of service of process; |
|
|
(B) postage; and |
|
|
(C) transportation, housing, or medical care |
|
|
incurred in connection with the appearance of the inmate in the |
|
|
court for any proceeding; |
|
|
(25) security deposit on filing, by any person other |
|
|
than the personal representative of an estate, an application, |
|
|
complaint, or opposition in relation to the estate, if required by |
|
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
|
proceeding; |
|
|
(26) security deposit on filing, by any person other |
|
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
|
application, complaint, or opposition in relation to a guardianship |
|
|
matter, if required by the clerk (Sec. 622, Texas Probate Code) |
|
|
. . . probable cost of the guardianship proceeding; |
|
|
(27) for a hearing or proceeding under the Texas |
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
|
costs (Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
|
reasonable compensation to the following persons appointed under |
|
|
the Texas Mental Health Code: |
|
|
(A) attorneys; |
|
|
(B) physicians; |
|
|
(C) language interpreters; |
|
|
(D) sign interpreters; and |
|
|
(E) masters; |
|
|
(28) for a hearing or proceeding under the Texas |
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
|
costs (Sec. 571.018, Health and Safety Code): |
|
|
(A) attorney's fees; |
|
|
(B) physician examination fees; |
|
|
(C) expense of transportation to a mental health |
|
|
facility or to a federal agency not to exceed $50 if transporting |
|
|
within the same county and not to exceed the reasonable cost of |
|
|
transportation if transporting between counties; |
|
|
(D) costs and salary supplements authorized |
|
|
under Section 574.031, Health and Safety Code; and |
|
|
(E) prosecutors' fees authorized under Section |
|
|
574.031, Health and Safety Code; |
|
|
(29) expenses of transporting certain patients from |
|
|
the county of treatment to a hearing in the county in which the |
|
|
proceedings originated (Sec. 574.008, Health and Safety Code) . . . |
|
|
actual expenses unless certain arrangements are made to hold the |
|
|
hearing in the county in which the patient is receiving services; |
|
|
(30) expenses for expert witness testimony for an |
|
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
|
authorized by the court as reimbursement to the attorney ad litem, |
|
|
court-approved expenses; |
|
|
(31) fee for judge's services for holding a hearing on |
|
|
an application for court-ordered mental health services (Sec. |
|
|
574.031, Health and Safety Code) . . . as assessed by the judge, not |
|
|
to exceed $50; |
|
|
(32) expenses to reimburse judge for holding a hearing |
|
|
in a hospital or location other than the county courthouse (Sec. |
|
|
574.031, Health and Safety Code) . . . reasonable and necessary |
|
|
expenses as certified; and |
|
|
(33) fee for services of a prosecuting attorney, |
|
|
including costs incurred for preparation of documents related to a |
|
|
hearing on an application for court-ordered mental health services |
|
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
|
judge, not to exceed $50. |
|
|
SECTION 8. 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, probate of a will without administration, or 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 |
|
|
(vii) Filing a document not listed under |
|
|
this paragraph after the filing of an order approving the inventory |
|
|
and appraisement or after the 120th day after the date of the |
|
|
initial filing of the action, whichever occurs first, if more than |
|
|
25 pages . . . $25.00 |
|
|
(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 . . . $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 9. Section 118.055(d), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(d) Except as otherwise provided, the fees listed in this |
|
|
section are total fees. The fee for probate of a will with |
|
|
independent executor, administration with a will attached, |
|
|
administration of an estate, probate of a will without |
|
|
administration, or guardianship or receivership of an estate[, or
|
|
|
muniment of title] is for services rendered from the initiating of |
|
|
the action until either an order approving the inventory and |
|
|
appraisement is filed or the 120th day after the date on which the |
|
|
action is filed, whichever occurs first. |
|
|
SECTION 10. Section 74.501(d), Property Code, is amended to |
|
|
read as follows: |
|
|
(d) On receipt of a claim form and all necessary |
|
|
documentation and as may be appropriate under the circumstances, |
|
|
the comptroller may approve the claim of: |
|
|
(1) the reported owner of the property; |
|
|
(2) if the reported owner died testate: |
|
|
(A) the appropriate legal beneficiaries of the |
|
|
owner as provided by the last will and testament of the owner that |
|
|
has been accepted into probate or filed with the application for |
|
|
probate of a will without administration [as a muniment of title]; |
|
|
or |
|
|
(B) the executor of the owner's last will and |
|
|
testament who holds current letters testamentary; |
|
|
(3) if the reported owner died intestate: |
|
|
(A) the legal heirs of the owner as provided by |
|
|
Section 38, Texas Probate Code; or |
|
|
(B) the court-appointed administrator of the |
|
|
owner's estate; |
|
|
(4) the legal heirs of the reported owner as |
|
|
established by an affidavit of heirship order signed by a judge of |
|
|
the county probate court or by a county judge; |
|
|
(5) if the reported owner is a minor child or an adult |
|
|
who has been adjudged incompetent by a court of law, the parent or |
|
|
legal guardian of the child or adult; |
|
|
(6) if the reported owner is a corporation: |
|
|
(A) the president or chair of the board of |
|
|
directors of the corporation, on behalf of the corporation; or |
|
|
(B) any person who has legal authority to act on |
|
|
behalf of the corporation; |
|
|
(7) if the reported owner is a corporation that has |
|
|
been dissolved or liquidated: |
|
|
(A) the sole surviving shareholder of the |
|
|
corporation, if there is only one surviving shareholder; |
|
|
(B) the surviving shareholders of the |
|
|
corporation in proportion to their ownership of the corporation, if |
|
|
there is more than one surviving shareholder; |
|
|
(C) the corporation's bankruptcy trustee; or |
|
|
(D) the court-ordered receiver for the |
|
|
corporation; or |
|
|
(8) any other person that is entitled to receive the |
|
|
unclaimed property under other law or comptroller policy. |
|
|
SECTION 11. A reference in a law, rule, or standard of this |
|
|
state to a probate of a will as a muniment of title means a probate |
|
|
of a will without administration. |
|
|
SECTION 12. The changes in law made by this Act apply only |
|
|
to an application for the probate of a will that is filed on or after |
|
|
the effective date of this Act. An application for the probate of a |
|
|
will that is filed before the effective date of this Act is governed |
|
|
by the law in effect on the date the application was filed, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 13. This Act takes effect September 1, 2007. |