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AN ACT
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relating to authorizing a fee for county records technology and |
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infrastructure costs in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 118.011(f), Local Government Code, as |
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effective until September 1, 2019, is amended to read as follows: |
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(f) The county clerk of a county shall, if the commissioners |
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court of the county adopts the fee as part of the county's annual |
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budget, collect the following fee from any person: |
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(1) Records Archive Fee (Sec. 118.025) . . . . . . . |
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not more than $10 |
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(2) Records Technology and Infrastructure Fee (Sec. |
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118.026) . . . . . . . $2.00 |
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SECTION 2. Section 118.011(f), Local Government Code, as |
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effective September 1, 2019, is amended to read as follows: |
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(f) The county clerk of a county shall, if the commissioners |
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court of the county adopts the fee as part of the county's annual |
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budget, collect the following fee from any person: |
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(1) Records Archive Fee (Sec. 118.025) . . . . . . . |
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not more than $5 |
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(2) Records Technology and Infrastructure Fee (Sec. |
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118.026) . . . . . . . $2.00 |
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SECTION 3. 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 FOR COUNTY RECORDS TECHNOLOGY AND |
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INFRASTRUCTURE IN CERTAIN COUNTIES. (a) The commissioners court |
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of a county that borders the United Mexican States and the Gulf of |
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Mexico may adopt a records technology and infrastructure fee as |
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part of the county's annual budget. The fee must be set and |
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itemized in the county's budget as part of the budget preparation |
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process. |
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(b) The fee must be paid at the time a person pays a fee |
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under Section 118.0216 or, if applicable, Section 118.025. |
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(c) The fee shall be deposited in a separate records |
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technology and infrastructure account in the general fund of the |
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county. Any interest accrued remains with the account. |
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(d) The funds generated from the collection of a fee under |
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this section may be used only for technology and infrastructure for |
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the maintenance of county records and the operation of the county |
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records system. |
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(e) The fee is subject to approval by the commissioners |
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court in a public meeting during the budget process. |
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SECTION 4. Section 118.052, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.052. FEE SCHEDULE. Each clerk of a county court |
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shall collect the following fees for services rendered to any |
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person: |
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(1) CIVIL COURT ACTIONS |
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(A) Filing of Original Action (Sec. 118.053): |
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(i) Garnishment after judgment . . . $15.00 |
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(ii) All others . . . $40.00 |
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(B) Filing of Action Other than Original (Sec. |
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118.054) . . . $30.00 |
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(C) Services Rendered After Judgment in Original |
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Action (Sec. 118.0545): |
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(i) Abstract of judgment . . . $ 5.00 |
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(ii) Execution, order of sale, writ, or |
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other process . . . $ 5.00 |
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(2) PROBATE COURT ACTIONS |
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(A) Probate Original Action (Sec. 118.055): |
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(i) Probate of a will with independent |
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executor, administration with will attached, administration of an |
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estate, guardianship or receivership of an estate, or muniment of |
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title . . . $40.00 |
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(ii) Community survivors . . . $40.00 |
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(iii) Small estates . . . $40.00 |
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(iv) Declarations of heirship . . . $40.00 |
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(v) Mental health or chemical dependency |
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services . . . $40.00 |
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(vi) Additional, special fee (Sec. 118.064) |
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. . . $ 5.00 |
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(B) Services in Pending Probate Action (Sec. |
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118.056): |
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(i) Filing an inventory and appraisement as |
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provided by Section 118.056(d) . . . $25.00 |
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(ii) Approving and recording bond . . . |
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$ 3.00 |
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(iii) Administering oath . . . $ 2.00 |
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(iv) Filing annual or final account of |
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estate . . . $25.00 |
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(v) Filing application for sale of real or |
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personal property . . . $25.00 |
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(vi) Filing annual or final report of |
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guardian of a person . . . $10.00 |
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(vii) Filing a document not listed under |
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this paragraph after the filing of an order approving the inventory |
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and appraisement or after the 120th day after the date of the |
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initial filing of the action, whichever occurs first, if more than |
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25 pages . . . $25.00 |
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(C) Adverse Probate Action (Sec. 118.057) . . . |
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$40.00 |
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(D) Claim Against Estate (Sec. 118.058) . . . |
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$ 2.00 |
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(E) Supplemental Court-Initiated Guardianship |
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Fee in Probate Original Actions and Adverse Probate Actions (Sec. |
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118.067) . . . $20.00 |
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(F) Supplemental Public Probate Administrator |
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Fee For Counties That Have Appointed a Public Probate Administrator |
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(Sec. 118.068) . . . $10.00 |
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(3) OTHER FEES |
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(A) Issuing Document (Sec. 118.059): |
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original document and one copy . . . $ 4.00 |
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each additional set of an original and one copy |
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. . . $ 4.00 |
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(B) Certified Papers (Sec. 118.060): |
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for the clerk's certificate . . . $ 5.00 |
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plus a fee per page or part of a page of . . . |
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$ 1.00 |
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(C) Noncertified Papers (Sec. 118.0605): |
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for each page or part of a page . . . $ 1.00 |
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(D) Letters Testamentary, Letter of |
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Guardianship, Letter of Administration, or Abstract of Judgment |
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(Sec. 118.061) . . . $ 2.00 |
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(E) Safekeeping of Wills (Sec. 118.062) . . . |
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$ 5.00 |
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(F) Mail Service of Process (Sec. 118.063) . . . |
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same as sheriff |
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(G) Records Management and Preservation Fee |
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. . . $ 5.00 |
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(H) Records Technology and Infrastructure Fee if |
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authorized by the commissioners court of the county (Sec. 118.026) |
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. . . $ 2.00 |
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SECTION 5. Subchapter C, Chapter 118, Local Government |
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Code, is amended by adding Section 118.069 to read as follows: |
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Sec. 118.069. FEE FOR COUNTY RECORDS TECHNOLOGY AND |
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INFRASTRUCTURE. If adopted by the commissioners court under |
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Section 118.026, the clerk of a county court shall collect the |
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records technology and infrastructure fee at the time a person pays |
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a fee under Section 118.0546 or 118.0645 and shall deposit the fee |
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in the records technology and infrastructure account under Section |
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118.026(c). |
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SECTION 6. Section 118.101, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.101. FEE SCHEDULE. The county judge shall collect |
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the following fees in probate matters: |
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(1) Probate of a will$2.00 |
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(2) Granting letters testamentary, letter of |
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guardianship, or letter of administration$2.00 |
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(3) Order of sale$2.00 |
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(4) Approval and confirmation of sale$2.00 |
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(5) Decree refusing order of sale or confirmation of |
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sale$2.00 |
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(6) Decree of partition and distribution$2.00 |
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(7) Decree approving or setting aside the report of a |
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commissioner of partition and distribution$2.00 |
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(8) Decree removing an executor, administrator or |
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guardian (with the fee to be paid by that executor, administrator, |
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or guardian)$1.00 |
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(9) Fiat or certificate$2.00 |
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(10) Continuance$0.10 |
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(11) Orders for which another fee is not |
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prescribed$2.00 |
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(12) Administering oath or affirmation with |
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certificate and seal$2.00 |
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(13) Administering oath or affirmation without |
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certificate and seal$0.25 |
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(14) Records technology and infrastructure, if |
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authorized by the commissioners court of the county$2.00 |
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SECTION 7. Subchapter D, Chapter 118, Local Government |
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Code, is amended by adding Section 118.102 to read as follows: |
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Sec. 118.102. FEE FOR COUNTY RECORDS TECHNOLOGY AND |
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INFRASTRUCTURE. If adopted by the commissioners court under |
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Section 118.026, the county judge shall collect the records |
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technology and infrastructure fee at the time a person pays a fee |
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for probate matters under Section 118.101 and shall deposit the fee |
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in the records technology and infrastructure account under Section |
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118.026(c). |
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SECTION 8. Section 103.030, Government Code, is amended to |
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read as follows: |
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Sec. 103.030. MISCELLANEOUS FEES AND COSTS: LOCAL |
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GOVERNMENT CODE. Fees and costs shall be paid or collected under |
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the Local Government Code as follows: |
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(1) services by the offices of the sheriff and |
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constables (Sec. 118.131, Local Government Code) . . . amount set |
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by county commissioners court; |
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(2) a filing fee or recording fee for each page of a |
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legal paper presented for filing or recording that fails to meet |
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certain requirements regarding paper size, weight, substance, |
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headings, legibility, the presence of typed or printed names under |
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each signature, and number and size of riders or attachments (Sec. |
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191.007, Local Government Code) . . . twice the regular filing fee |
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or recording fee provided by statute for that page, rider, or |
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attachment; |
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(3) a processing fee as authorized by the |
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commissioners court for the payment by credit card of a fee, court |
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cost, or other charge processed by a county or precinct officer |
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(Secs. 132.002 and 132.003, Local Government Code) . . . an amount |
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reasonably related to the expense incurred by the county or |
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precinct officer but not to exceed five percent of the amount of the |
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fee, court cost, or other charge being paid; |
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(4) a processing fee as authorized by the governing |
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body of the municipality for the payment by credit card of a fee, |
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court cost, or other charge processed by a municipal official |
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(Secs. 132.002 and 132.003, Local Government Code) . . . an amount |
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reasonably related to the expense incurred by the municipal |
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official but not to exceed five percent of the amount of the fee, |
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court cost, or other charge being paid; |
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(5) a handling fee, if authorized by the commissioners |
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court under Section 132.002, Local Government Code, for |
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electronically processing the payment of a fee, fine, court cost, |
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or other charge (Secs. 132.002 and 132.003, Local Government Code): |
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(A) charged at a flat rate that does not exceed $5 |
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for each payment transaction; or |
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(B) charged at a rate reasonably related to the |
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expense incurred in processing a payment and that does not exceed |
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five percent of the amount of the fee, court cost, or other charge |
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being paid; [and] |
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(6) a fee, if authorized by the commissioners court, |
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collected by a county or precinct officer on behalf of the county |
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from a person making payment by credit card of a fee, court cost, or |
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other charge (Sec. 132.003, Local Government Code) . . . an amount |
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equal to the amount of any transaction fee charged to the county by |
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a vendor providing services in connection with payments made by |
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credit card; and |
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(7) a records technology and infrastructure fee, if |
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authorized by the commissioners court of the county (Secs. 118.026, |
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118.069, and 118.102, Local Government Code) . . . $2.00. |
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SECTION 9. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1062 was passed by the House on May 4, |
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2015, by the following vote: Yeas 135, Nays 3, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1062 was passed by the Senate on May |
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20, 2015, by the following vote: Yeas 23, Nays 7. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |