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