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A BILL TO BE ENTITLED
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AN ACT
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relating to a filing fee imposed on a notice of foreclosure sale to |
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fund civil legal services for indigents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 118, Local Government |
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Code, is amended by adding Section 118.026 to read as follows: |
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Sec. 118.026. NOTICE OF FORECLOSURE SALE. (a) A county |
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clerk shall collect a $150 fee for a notice of sale filed under |
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Section 51.002(b)(2), Property Code, from the holder of the |
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security instrument, unless the holder is the original grantee of |
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the security instrument. |
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(b) The county clerk shall keep a separate record of the |
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fees collected under this section and shall remit the fees to the |
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county treasurer not later than the deadline provided by Section |
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113.022. The county may retain not more than five percent of the |
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fees for the county's costs for implementing and administering this |
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section. |
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(c) On or before the last day of the month following each |
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calendar quarter, the county treasurer shall remit to the |
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comptroller the money from all fees collected during the preceding |
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quarter, except as provided by Subsection (b). |
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(d) The comptroller shall deposit the money received under |
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Subsection (c) in the judicial fund for programs approved by the |
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supreme court that provide basic civil legal services to the |
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indigent. |
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SECTION 2. The change in law made by Section 118.026, Local |
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Government Code, as added by this Act, applies only to a notice of |
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sale filed on or after the effective date of this Act. A notice |
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filed before the effective date of this Act is governed by the law |
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in effect when the notice was filed, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |