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A BILL TO BE ENTITLED
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AN ACT
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relating to a fee imposed on the transfer of property following a |
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foreclosure sale to 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. Section 118.011(a), Local Government Code, is |
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amended to read as follows: |
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(a) A county clerk shall collect the following fees for |
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services rendered to any person: |
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(1) Personal Property Records Filing (Sec. 118.012): |
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for the first page . . . . . . . . . . . . . . $ 5.00 |
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for each additional page or part of a page on which |
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there are visible marks of any kind . . . . . . $ 4.00 |
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(2) Real Property Records Filing (Sec. 118.013): |
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for the first page . . . . . . . . . . . . . . $ 5.00 |
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for each additional page or part of a page on which |
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there are visible marks of any kind . . . . . . $ 4.00 |
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for all or part of each 8-1/2" X 14" attachment or |
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rider . . . . . . . . . . . . . . . . . . . . $ 4.00 |
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for each name in excess of five names that has to be |
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indexed in all records in which the document must |
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be indexed . . . . . . . . . . . . . . . . . . $ 0.25 |
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for property sold at foreclosure sale |
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(Sec. 118.026) . . . . . . . . . . . . . . . . $95.00 |
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(3) Certified Papers (Sec. 118.014): |
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for the clerk's certificate . . . . . . . . . $ 5.00 |
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plus a fee for each page or part of a page . . . $ 1.00 |
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(4) Noncertified Papers (Sec. 118.0145): |
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for each page or part of a page . . . . . . . . $ 1.00 |
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(5) Birth or Death Certificate |
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(Sec. 118.015) . . . . . . . . same as state registrar |
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(6) Bond Approval (Sec. 118.016) . . . . . . . $ 3.00 |
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(7) Marriage License (Sec. 118.018) . . . . . $60.00 |
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(8) Declaration of Informal Marriage |
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(Sec. 118.019) . . . . . . . . . . . . . . . . $25.00 |
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(9) Brand Registration (Sec. 118.020) . . . . $ 5.00 |
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(10) Oath Administration (Sec. 118.021) . . . $ 1.00 |
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SECTION 2. 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. FEE RELATING TO PROPERTY SOLD AT FORECLOSURE |
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SALE. (a) A county clerk shall collect a $95 fee, in addition to |
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the fee required by Section 118.013, at the time a deed is filed |
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transferring title to real property sold at a foreclosure sale |
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under a power of sale conferred by a deed of trust or other contract |
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lien. |
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(b) This section does not apply if the holder of the |
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security instrument under which a foreclosure sale was conducted is |
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the original grantee of the security instrument. |
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(c) 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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(d) 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 (c). |
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(e) The comptroller shall deposit the money received under |
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Subsection (d) 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 3. Section 51.0075, Property Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The fee required under Section 118.026, Local |
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Government Code, is considered a cost of sale in a sale held by a |
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trustee or substitute trustee under this section and shall be paid |
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from the proceeds of the sale, but the fee may not be considered a |
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cost of sale for purposes of calculating a deficiency under |
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Sections 51.003-51.005, or, if the sale does not result in a |
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deficiency, calculating any disbursement amount that may be |
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available to the debtor. |
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SECTION 4. 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, 2011. |