Texas 2009 - 81st Regular

Texas Senate Bill SB2214 Compare Versions

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1	1	By: Ellis S.B. No. 2214
2	2	(In the Senate - Filed March 13, 2009; March 31, 2009, read
3	3	first time and referred to Committee on Jurisprudence; May 4, 2009,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 4, Nays 0; May 4, 2009, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 2214 By: Carona
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to a filing fee imposed on a notice of foreclosure sale to
12	12	fund civil legal services for indigents.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter B, Chapter 118, Local Government
15	15	Code, is amended by adding Section 118.026 to read as follows:
16	16	Sec. 118.026. NOTICE OF FORECLOSURE SALE. (a) A county
17	17	clerk shall collect a $150 fee for a notice of sale filed under
18	18	Section 51.002(b)(2), Property Code, from the holder of the
19	19	security instrument, unless the holder is the original grantee of
20	20	the security instrument. If a property has more than one notice of
21	21	sale filed for the property and the fee has not been refunded under
22	22	Subsection (e), the county clerk may not collect more than one $150
23	23	fee from the holder of the security instrument under this
24	24	subsection.
25	25	(b) The county clerk shall keep a separate record of the
26	26	fees collected under this section and shall remit the fees to the
27	27	county treasurer not later than the deadline provided by Section
28	28	113.022. The county may retain not more than five percent of the
29	29	fees for the county's costs for implementing and administering this
30	30	section.
31	31	(c) On or before the last day of the month following each
32	32	calendar quarter, the county treasurer shall remit to the
33	33	comptroller the money from all fees collected during the preceding
34	34	quarter, except as provided by Subsection (b) or (e).
35	35	(d) The comptroller shall deposit the money received under
36	36	Subsection (c) in the judicial fund for programs approved by the
37	37	supreme court that provide basic civil legal services to the
38	38	indigent.
39	39	(e) The county treasurer shall refund a $150 fee collected
40	40	under Subsection (a) not later than the 60th day after the date the
41	41	refund is requested if:
42	42	(1) the foreclosure sale is canceled; and
43	43	(2) the holder of the security instrument provides to
44	44	the county clerk:
45	45	(A) documentation establishing that the
46	46	foreclosure sale was canceled; and
47	47	(B) an affidavit signed by a designated
48	48	representative of the holder of the security instrument indicating
49	49	that the holder has not received reimbursement from the mortgagor
50	50	for the fee.
51	51	SECTION 2. The change in law made by Section 118.026, Local
52	52	Government Code, as added by this Act, applies only to a notice of
53	53	sale filed on or after the effective date of this Act. A notice
54	54	filed before the effective date of this Act is governed by the law
55	55	in effect when the notice was filed, and the former law is continued
56	56	in effect for that purpose.
57	57	SECTION 3. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2009.
62	62	* * * * *