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                                                                  H.B. No. 1404




AN ACT
relating to the fees collected by a county clerk for certain filings in pending probate actions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. 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 after the 120th day after the date of the initial filing of the action . . . $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 (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 same as (F) Mail Service of Process (Sec. 118.063) . . . sheriff (G) Records Management and Preservation Fee . . . $ 5.00 SECTION 2. Section 101.081, Government Code, is amended to read as follows: Sec. 101.081. STATUTORY COUNTY COURT FEES AND COSTS. The clerk of a statutory county court shall collect fees and costs as follows: (1) court cost in certain civil cases to establish and maintain an alternative dispute resolution system, if authorized by the county commissioners court (Sec. 152.004, Civil Practice and Remedies Code) . . . not to exceed $10; (2) appellate judicial system filing fees: (A) First or Fourteenth Court of Appeals District (Sec. 22.2021, Government Code) . . . not more than $5; (B) Second Court of Appeals District (Sec. 22.2031, Government Code) . . . not more than $5; (C) Fourth Court of Appeals District (Sec. 22.2051, Government Code) . . . not more than $5; (D) Fifth Court of Appeals District (Sec. 22.2061, Government Code) . . . not more than $5; and (E) Thirteenth Court of Appeals District (Sec. 22.2141, Government Code) . . . not more than $5; (3) an official court reporter fee, County Court at Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; (4) a court reporter fee when testimony is taken in a county court at law in McLennan County (Sec. 25.1572, Government Code) . . . $3; (5) a stenographer fee, if a record or part of a record is made: (A) in a county court at law in Hidalgo County (Sec. 25.1102, Government Code) . . . $20; and (B) in a county court at law in Nolan County (Sec. 25.1792, Government Code) . . . $25; (6) jury fee (Sec. 51.604, Government Code) . . . $22; (7) an additional filing fee: (A) for each civil case filed to be used for court-related purposes for the support of the judiciary, if authorized by the county commissioners court (Sec. 51.702, Government Code) . . . $40; (B) to fund the improvement of Dallas County civil court facilities, if authorized by the county commissioners court (Sec. 51.705, Government Code) . . . not more than $15; and (C) for filing any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third-party action requiring a filing fee, to fund civil legal services for the indigent (Sec. 133.153, Local Government Code) . . . $5; (8) for filing an application for registration of death (Sec. 193.007, Health and Safety Code) . . . $1; (9) fee for judge's services on an application for court-ordered mental health services (Sec. 574.031, Health and Safety Code) . . . not to exceed $50; (10) fee for prosecutor's services on an application for court-ordered mental health services (Sec. 574.031, Health and Safety Code) . . . not to exceed $50; (11) for filing a suit in Comal County (Sec. 152.0522, Human Resources Code) . . . $4; (12) additional filing fee to fund contingency fund for liability insurance, if authorized by the county commissioners court (Sec. 82.003, Local Government Code) . . . not to exceed $5; (13) civil court actions (Sec. 118.052, Local Government Code): (A) filing of original action (Secs. 118.052 and 118.053, Local Government Code): (i) garnishment after judgment (Sec. 118.052, Local Government Code) . . . $15; and (ii) all others (Sec. 118.052, Local Government Code) . . . $40; (B) filing of action other than original (Secs. 118.052 and 118.054, Local Government Code) . . . $30; and (C) services rendered after judgment in original action (Secs. 118.052 and 118.0545, Local Government Code): (i) abstract of judgment (Sec. 118.052, Local Government Code) . . . $5; and (ii) execution, order of sale, writ, or other process (Sec. 118.052, Local Government Code) . . . $5; (14) probate court actions (Sec. 118.052, Local Government Code): (A) probate original action (Secs. 118.052 and 118.055, Local Government Code): (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 (Sec. 118.052, Local Government Code) . . . $40; (ii) community survivors (Sec. 118.052, Local Government Code) . . . $40; (iii) small estates (Sec. 118.052, Local Government Code) . . . $40; (iv) declarations of heirship (Sec. 118.052, Local Government Code) . . . $40; (v) mental health or chemical dependency services (Sec. 118.052, Local Government Code) . . . $40; and (vi) additional, special fee (Secs. 118.052 and 118.064, Local Government Code) . . . $5; (B) services in pending probate action (Secs. 118.052 and 118.056, Local Government Code): (i) filing an inventory and appraisement after the 120th day after the date of the initial filing of the action (Sec. 118.052, Local Government Code) . . . $25; (ii) approving and recording bond (Sec. 118.052, Local Government Code) . . . $3; (iii) administering oath (Sec. 118.052, Local Government Code) . . . $2; (iv) filing annual or final account of estate (Sec. 118.052, Local Government Code) . . . $25; (v) filing application for sale of real or personal property (Sec. 118.052, Local Government Code) . . . $25; [and] (vi) filing annual or final report of guardian of a person (Sec. 118.052, Local Government Code) . . . $10; and (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 (Secs. 118.052 and 191.007, Local Government Code), if more than 25 pages . . . $25; (C) adverse probate action (Secs. 118.052 and 118.057, Local Government Code) . . . $40; and (D) claim against estate (Secs. 118.052 and 118.058, Local Government Code) . . . $2; (15) other fees (Sec. 118.052, Local Government Code): (A) issuing document (Secs. 118.052 and 118.059, Local Government Code): (i) original document and one copy (Sec. 118.052, Local Government Code) . . . $4; and (ii) each additional set of an original and one copy (Sec. 118.052, Local Government Code) . . . $4; (B) certified papers (Secs. 118.052 and 118.060, Local Government Code): (i) for the clerk's certificate (Sec. 118.052, Local Government Code) . . . $5; and (ii) a fee per page or part of a page (Sec. 118.052, Local Government Code) . . . $1; (C) noncertified papers, for each page or part of a page (Secs. 118.052 and 118.0605, Local Government Code) . . . $1; (D) letters testamentary, letter of guardianship, letter of administration, or abstract of judgment (Secs. 118.052 and 118.061, Local Government Code) . . . $2; (E) safekeeping of wills (Secs. 118.052 and 118.062, Local Government Code) . . . $5; (F) mail service of process (Secs. 118.052 and 118.063, Local Government Code) . . . same as sheriff; and (G) records management and preservation fee (Secs. 118.052, 118.0546, and 118.0645, Local Government Code) . . . $5; (16) additional filing fee to fund the courthouse security fund, if authorized by the county commissioners court (Sec. 291.008, Local Government Code) . . . not to exceed $5; (17) additional filing fee for filing documents not subject to certain filing fees to fund the courthouse security fund, if authorized by the county commissioners court (Sec. 291.008, Local Government Code) . . . $1; (18) additional filing fee to fund the courthouse security fund in Webb County, if authorized by the county commissioners court (Sec. 291.009, Local Government Code) . . . not to exceed $20; (19) court cost in civil cases other than suits for delinquent taxes to fund the county law library fund, if authorized by the county commissioners court (Sec. 323.023, Local Government Code) . . . not to exceed $35; (20) fee for deposit of a will with the county clerk during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; (21) court cost for each special commissioner in an eminent domain proceeding (Sec. 21.047, Property Code) . . . as taxed by the court, $10 or more; and (22) fee for county attorney in a suit regarding a railroad company's failure to keep roadbed and right-of-way in proper condition (Art. 6327, Vernon's Texas Civil Statutes) . . . $10. SECTION 3. Section 101.101, Government Code, is amended to read as follows: Sec. 101.101. STATUTORY PROBATE COURT FEES AND COSTS. The clerk of a statutory probate court shall collect fees and costs as follows: (1) court cost in certain civil cases to establish and maintain an alternative dispute resolution system, if authorized by the county commissioners court (Sec. 152.004, Civil Practice and Remedies Code) . . . not to exceed $10; (2) appellate judicial system filing fees: (A) First or Fourteenth Court of Appeals District (Sec. 22.2021, Government Code) . . . not more than $5; (B) Second Court of Appeals District (Sec. 22.2031, Government Code) . . . not more than $5; (C) Fourth Court of Appeals District (Sec. 22.2051, Government Code) . . . not more than $5; (D) Fifth Court of Appeals District (Sec. 22.2061, Government Code) . . . not more than $5; and (E) Thirteenth Court of Appeals District (Sec. 22.2141, Government Code) . . . not more than $5; (3) additional filing fees as follows: (A) for certain cases to be used for court-related purposes for support of the judiciary, if authorized by the county commissioners court (Sec. 51.704, Government Code) . . . $40; (B) to fund the improvement of Dallas County civil court facilities, if authorized by the county commissioners court (Sec. 51.705, Government Code) . . . not more than $15; and (C) for filing any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third-party action requiring a filing fee to fund civil legal services for the indigent (Sec. 133.153, Local Government Code) . . . $5; (4) for filing an application for registration of death (Sec. 193.007, Health and Safety Code) . . . $1; (5) fee for judge's services on an application for court-ordered mental health services (Sec. 574.031, Health and Safety Code) . . . not to exceed $50; (6) fee for prosecutor's services on an application for court-ordered mental health services (Sec. 574.031, Health and Safety Code) . . . not to exceed $50; (7) additional filing fee to fund contingency fund for liability insurance, if authorized by the county commissioners court (Sec. 82.003, Local Government Code) . . . not to exceed $5; (8) probate court actions (Sec. 118.052, Local Government Code): (A) probate original action (Secs. 118.052 and 118.055, Local Government Code): (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 (Sec. 118.052, Local Government Code) . . . $40; (ii) community survivors (Sec. 118.052, Local Government Code) . . . $40; (iii) small estates (Sec. 118.052, Local Government Code) . . . $40; (iv) declarations of heirship (Sec. 118.052, Local Government Code) . . . $40; (v) mental health or chemical dependency services (Sec. 118.052, Local Government Code) . . . $40; and (vi) additional, special fee (Secs. 118.052 and 118.064, Local Government Code) . . . $5; (B) services in pending probate action (Secs. 118.052 and 118.056, Local Government Code): (i) filing an inventory and appraisement after the 120th day after the date of the initial filing of the action (Sec. 118.052, Local Government Code) . . . $25; (ii) approving and recording bond (Sec. 118.052, Local Government Code) . . . $3; (iii) administering oath (Sec. 118.052, Local Government Code) . . . $2; (iv) filing annual or final account of estate (Sec. 118.052, Local Government Code) . . . $25; (v) filing application for sale of real or personal property (Sec. 118.052, Local Government Code) . . . $25; [and] (vi) filing annual or final report of guardian of a person (Sec. 118.052, Local Government Code) . . . $10; and (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 (Secs. 118.052 and 191.007, Local Government Code), if more than 25 pages . . . $25; (C) adverse probate action (Secs. 118.052 and 118.057, Local Government Code) . . . $40; and (D) claim against estate (Secs. 118.052 and 118.058, Local Government Code) . . . $2; (9) other fees (Sec. 118.052, Local Government Code): (A) issuing document (Secs. 118.052 and 118.059, Local Government Code): (i) original document and one copy (Sec. 118.052, Local Government Code) . . . $4; and (ii) each additional set of an original and one copy (Sec. 118.052, Local Government Code) . . . $4; (B) certified papers (Secs. 118.052 and 118.060, Local Government Code): (i) for the clerk's certificate (Sec. 118.052, Local Government Code) . . . $5; and (ii) a fee per page or part of a page (Sec. 118.052, Local Government Code) . . . $1; (C) noncertified papers, for each page or part of a page (Secs. 118.052 and 118.0605, Local Government Code) . . . $1; (D) letters testamentary, letter of guardianship, letter of administration, or abstract of judgment (Secs. 118.052 and 118.061, Local Government Code) . . . $2; (E) safekeeping of wills (Secs. 118.052 and 118.062, Local Government Code) . . . $5; (F) mail service of process (Secs. 118.052 and 118.063, Local Government Code) . . . same as sheriff; and (G) records management and preservation fee (Secs. 118.052 and 118.0645, Local Government Code) . . . $5; (10) fee for deposit of a will with the county clerk during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; (11) court costs for each special commissioner in an eminent domain proceeding (Sec. 21.047, Property Code) . . . as taxed by the court, $10 or more; (12) jury fee for civil case (Sec. 51.604, Government Code) . . . $22; and (13) court cost in civil cases other than suits for delinquent taxes to fund the county law library fund, if authorized by the county commissioners court (Sec. 323.023, Local Government Code) . . . not to exceed $35. SECTION 4. Section 101.121, Government Code, is amended to read as follows: Sec. 101.121. COUNTY COURT FEES AND COSTS. The clerk of a county court shall collect: (1) fee for hearing on application for a license to manufacture, distribute, store, or sell beer (Sec. 61.31, Alcoholic Beverage Code) . . . $5; (2) court cost in certain civil cases to establish and maintain an alternative dispute resolution system, if authorized by the county commissioners court (Sec. 152.004, Civil Practice and Remedies Code) . . . not to exceed $10; (3) appellate judicial system filing fees: (A) First or Fourteenth Court of Appeals District (Sec. 22.2021, Government Code) . . . not more than $5; (B) Second Court of Appeals District (Sec. 22.2031, Government Code) . . . not more than $5; (C) Fourth Court of Appeals District (Sec. 22.2051, Government Code) . . . not more than $5; (D) Fifth Court of Appeals District (Sec. 22.2061, Government Code) . . . not more than $5; and (E) Thirteenth Court of Appeals District (Sec. 22.2141, Government Code) . . . not more than $5; (4) a jury fee (Sec. 51.604, Government Code) . . . $22; (5) a filing fee in each civil case filed to be used for court-related purposes for the support of the judiciary (Sec. 51.703, Government Code) . . . $40; (6) for filing an application for registration of death (Sec. 193.007, Health and Safety Code) . . . $1; (7) fee for judge's services on an application for court-ordered mental health services (Sec. 574.031, Health and Safety Code) . . . not to exceed $50; (8) fee for prosecutor's services on an application for court-ordered mental health services (Sec. 574.031, Health and Safety Code) . . . not to exceed $50; (9) additional filing fee to fund contingency fund for liability insurance, if authorized by the county commissioners court (Sec. 82.003, Local Government Code) . . . not to exceed $5; (10) civil court actions (Sec. 118.052, Local Government Code): (A) filing of original action (Secs. 118.052 and 118.053, Local Government Code): (i) garnishment after judgment (Sec. 118.052, Local Government Code) . . . $15; and (ii) all others (Sec. 118.052, Local Government Code) . . . $40; (B) filing of action other than original (Secs. 118.052 and 118.054, Local Government Code) . . . $30; and (C) services rendered after judgment in original action (Secs. 118.052 and 118.0545, Local Government Code): (i) abstract of judgment (Sec. 118.052, Local Government Code) . . . $5; and (ii) execution, order of sale, writ, or other process (Sec. 118.052, Local Government Code) . . . $5; (11) probate court actions (Sec. 118.052, Local Government Code): (A) probate original action (Secs. 118.052 and 118.055, Local Government Code): (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 (Sec. 118.052, Local Government Code) . . . $40; (ii) community survivors (Sec. 118.052, Local Government Code) . . . $40; (iii) small estates (Sec. 118.052, Local Government Code) . . . $40; (iv) declarations of heirship (Sec. 118.052, Local Government Code) . . . $40; (v) mental health or chemical dependency services (Sec. 118.052, Local Government Code) . . . $40; and (vi) additional, special fee (Secs. 118.052 and 118.064, Local Government Code) . . . $5; (B) services in pending probate action (Secs. 118.052 and 118.056, Local Government Code): (i) filing an inventory and appraisement after the 120th day after the date of the initial filing of the action (Sec. 118.052, Local Government Code) . . . $25; (ii) approving and recording bond (Sec. 118.052, Local Government Code) . . . $3; (iii) administering oath (Sec. 118.052, Local Government Code) . . . $2; (iv) filing annual or final account of estate (Sec. 118.052, Local Government Code). . . $25; (v) filing application for sale of real or personal property (Sec. 118.052, Local Government Code) . . . $25; [and] (vi) filing annual or final report of guardian of a person (Sec. 118.052, Local Government Code) . . . $10; and (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 (Secs. 118.052 and 191.007, Local Government Code), if more than 25 pages . . . $25; (C) adverse probate action (Secs. 118.052 and 118.057, Local Government Code) . . . $40; and (D) claim against estate (Secs. 118.052 and 118.058, Local Government Code) . . . $2; (12) other fees (Sec. 118.052, Local Government Code): (A) issuing document (Secs. 118.052 and 118.059, Local Government Code): (i) original document and one copy (Sec. 118.052, Local Government Code) . . . $4; and (ii) each additional set of an original and one copy (Sec. 118.052, Local Government Code) . . . $4; (B) certified papers (Secs. 118.052 and 118.060, Local Government Code): (i) for the clerk's certificate (Sec. 118.052, Local Government Code) . . . $5; and (ii) a fee per page or part of a page (Sec. 118.052, Local Government Code) . . . $1; (C) noncertified papers, for each page or part of a page (Secs. 118.052 and 118.0605, Local Government Code) . . . $1; (D) letters testamentary, letter of guardianship, letter of administration, or abstract of judgment (Secs. 118.052 and 118.061, Local Government Code) . . . $2; (E) safekeeping of wills (Secs. 118.052 and 118.062, Local Government Code) . . . $5; (F) mail service of process (Secs. 118.052 and 118.063, Local Government Code) . . . same as sheriff; and (G) records management and preservation fee (Secs. 118.052, 118.0546, and 118.0645, Local Government Code) . . . $5; (13) deposit on filing petition requesting permission to create a municipal civic center authority (Sec. 281.013, Local Government Code) . . . $200; (14) additional filing fee to fund the courthouse security fund, if authorized by the county commissioners court (Sec. 291.008, Local Government Code) . . . not to exceed $5; (15) additional filing fee for filing documents not subject to certain filing fees to fund the courthouse security fund, if authorized by the county commissioners court (Sec. 291.008, Local Government Code) . . . $1; (16) additional filing fee to fund the courthouse security fund in Webb County, if authorized by the county commissioners court (Sec. 291.009, Local Government Code) . . . not to exceed $20; (17) court cost in civil cases other than suits for delinquent taxes to fund the county law library fund, if authorized by the county commissioners court (Sec. 323.023, Local Government Code) . . . not to exceed $35; (18) fee for deposit of a will with the county clerk during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; (19) fee for county attorney in a suit regarding a railroad company's failure to keep roadbed and right-of-way in proper condition (Art. 6327, Vernon's Texas Civil Statutes) . . . $10; (20) appeal bond from a petitioner or taxpayer in a water control and preservation district (Art. 7818, Vernon's Texas Civil Statutes) . . . $100; and (21) additional filing fee for filing any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third-party action requiring a filing fee, to fund civil legal services for the indigent (Sec. 133.153, Local Government Code) . . . $5. SECTION 5. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1404 was passed by the House on May 13, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 1404 was passed by the Senate on May 25, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor