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A BILL TO BE ENTITLED
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AN ACT
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relating to specifications for legal papers filed with a county |
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clerk. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 |
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under each signature, [and number] and size of riders or |
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attachments (Sec. 191.007, Local Government Code) . . . twice the |
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regular filing fee or recording fee provided by statute for that |
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page, rider, or 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; |
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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 2. Sections 191.007(a), (b), (d), (f), (g), (h), |
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and (k), Local Government Code, are amended to read as follows: |
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(a) A legal paper presented to a county clerk for filing or |
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for recording in any county must meet the requirements prescribed |
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by this section [Subsections (b) through (g)]. Except as provided |
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by this section, a county clerk may not impose additional |
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requirements or fees for filing or recording a legal paper. |
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(b) A page is considered to be one side of a sheet of paper. |
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A page must: |
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(1) be no wider than 8-1/2 inches and no longer than 14 |
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inches; |
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(2) have a sufficient weight and substance so that |
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printing, typing, or handwriting on it will not smear or bleed |
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through; and |
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(3) be printed in type not smaller than 10-point |
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[eight-point] type and be suitable otherwise for reproducing from |
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it a readable record by a photocopy, microfilm, microfiche, or |
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digital imaging [or photostatic or microphotographic] process used |
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in the office of the county clerk. |
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(d) Printing, typing, [and] handwriting, and notary seals |
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must be clearly legible so that a legible copy may be reproduced. |
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The county clerk may refuse to record a legal paper that does not |
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meet the requirements of this subsection. |
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(f) All pages submitted for recording [photostats,
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photocopies, and other types of reproduction] must have black |
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printing, typing, or handwriting on a white background, commonly |
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known as positive prints. |
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(g) Riders and attachments must comply with the size |
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requirement prescribed by Subsection (b) and shall not be larger |
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than the size of the page. [Only one rider or attachment may be
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included in or attached to a page.] |
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(h) The filing fee or recording fee for each page of a legal |
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paper that is presented for filing or recording to a county clerk |
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and fails to meet one or more of the requirements prescribed by |
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Subsection [Subsections] (b), (c), (e), (f), or [through] (g) is |
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equal to twice the regular filing fee or recording fee provided by |
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statute for that page. [However, the failure of a page to meet the
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following requirements does not result in a fee increase under this
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subsection:
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[(1)
the requirement prescribed by Subsection (b)(3)
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relating to type size; and
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[(2)
provided that the legal paper complies with
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Section 11.008(c), Property Code, the requirement prescribed by
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Subsection (c) that a legal paper have a clearly identifying
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heading.] |
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(k) This section does not authorize a county clerk to refuse |
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to record a legal paper for the reason that it fails to meet one or |
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more of the requirements prescribed by Subsection [Subsections] |
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(b), (c), (e), (f), or [through] (g). Failure to comply with these |
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requirements shall not in any manner alter, amend, impair, or |
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invalidate any document or legal instrument of any type or |
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character and upon recordation by the county clerk the document or |
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legal instrument shall be deemed and considered as fully complying |
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with the provisions of law dealing with the recordation of |
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documents or legal instruments of every type and character. |
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SECTION 3. Sections 191.007(i) and (j), Local Government |
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Code, are repealed. |
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SECTION 4. The change in law made by this Act applies to a |
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legal paper filed with a county clerk on or after September 1, 2019. |
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A legal paper filed with a county clerk before September 1, 2019, is |
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governed by the law in effect at the time the paper was filed, and |
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the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |