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Amend SB 472 (house committee report) by adding the following
appropriately numbered SECTIONS to the bill and renumbering
subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter B, Chapter 118, Local Government
Code, is amended by adding Section 118.026 to read as follows:
Sec. 118.026. NOTICE OF FORECLOSURE SALE. (a) A county clerk
shall collect a $150 fee for a notice of sale filed under Section
51.002(b)(2), Property Code, from the holder of the security
instrument, unless the holder is the original grantee of the
security instrument. If a property has more than one notice of sale
filed for the property and the fee has not been refunded under
Subsection (e), the county clerk may not collect more than $150 fee
from the holder of the security instrument under this subsection.
(b) The county clerk shall keep a separate record of the fees
collected under this section and shall remit the fees to the county
treasurer not later than the deadline provided by Section 113.022.
The county may retain not more than five percent of the fees for the
county's costs for implementing and administering this section.
(c) On or before the last day of the month following each
calendar quarter, the county treasurer shall remit to the
comptroller the money from all fees collected during the preceding
quarter, except as provided by Subsection (b) or (e).
(d) The comptroller shall deposit the money received under
Subsection (c) in the judicial fund for programs approved by the
supreme court that provide basic civil legal services to the
indigent.
(e) The county treasurer shall refund a $150 fee collected
under Subsection (a) not later than the 60th day after the date the
refund is requested if:
(1) the foreclosure sale is canceled; and
(2) the holder of the security instrument provides to
the county clerk:
(A) documentation establishing that the
foreclosure sale was canceled; and
(B) an affidavit signed by a designated
representative of the holder of the security instrument indicating
that the holder has not received reimbursement from the mortgagor
for the fee.
SECTION ____. The change in law made by Section 118.026,
Local Government Code, as added by this Act, applies only to a
notice of sale filed on or after the effective date of this Act. A
notice filed before the effective date of this Act is governed by
the law in effect when the notice was filed, and the former law is
continued in effect for that purpose.