Texas 2013 - 83rd Regular

Texas House Bill HB3124 Compare Versions

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1	1	83R10351 JTS-D
2	2	By: Lucio III H.B. No. 3124
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing a fee for county records technology and
8	8	infrastructure costs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 118.011(f), Local Government Code, is
11	11	amended to read as follows:
12	12	(f) The county clerk of a county shall, if the commissioners
13	13	court of the county adopts the fee as part of the county's annual
14	14	budget, collect the following fee from any person:
15	15	(1) Records Archive Fee (Sec. 118.025) not more
16	16	than $5
17	17	(2) Records Technology and Infrastructure Fee (Sec.
18	18	118.026)$2.00
19	19	SECTION 2. Subchapter B, Chapter 118, Local Government
20	20	Code, is amended by adding Section 118.026 to read as follows:
21	21	Sec. 118.026. FEE FOR COUNTY RECORDS TECHNOLOGY AND
22	22	INFRASTRUCTURE. (a) The commissioners court of a county may adopt a
23	23	records technology and infrastructure fee as part of the county's
24	24	annual budget. The fee must be set and itemized in the county's
25	25	budget as part of the budget preparation process.
26	26	(b) The fee must be paid at the time a person pays a fee
27	27	under Section 118.0216 or, if applicable, Section 118.025.
28	28	(c) The fee shall be deposited in a separate records
29	29	technology and infrastructure account in the general fund of the
30	30	county. Any interest accrued remains with the account.
31	31	(d) The funds generated from the collection of a fee under
32	32	this section may be used only for technology and infrastructure for
33	33	the maintenance of county records and the operation of the county
34	34	records system.
35	35	(e) The fee is subject to approval by the commissioners
36	36	court in a public meeting during the budget process.
37	37	SECTION 3. Section 118.052, Local Government Code, is
38	38	amended to read as follows:
39	39	Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
40	40	shall collect the following fees for services rendered to any
41	41	person:
42	42	(1) CIVIL COURT ACTIONS
43	43	(A) Filing of Original Action (Sec. 118.053):
44	44	(i) Garnishment after judgment . . . $15.00
45	45	(ii) All others . . . $40.00
46	46	(B) Filing of Action Other than Original (Sec.
47	47	118.054) . . . $30.00
48	48	(C) Services Rendered After Judgment in Original
49	49	Action (Sec. 118.0545):
50	50	(i) Abstract of judgment . . . $ 5.00
51	51	(ii) Execution, order of sale, writ, or
52	52	other process . . . $ 5.00
53	53	(2) PROBATE COURT ACTIONS
54	54	(A) Probate Original Action (Sec. 118.055):
55	55	(i) Probate of a will with independent
56	56	executor, administration with will attached, administration of an
57	57	estate, guardianship or receivership of an estate, or muniment of
58	58	title . . . $40.00
59	59	(ii) Community survivors . . . $40.00
60	60	(iii) Small estates . . . $40.00
61	61	(iv) Declarations of heirship . . . $40.00
62	62	(v) Mental health or chemical dependency
63	63	services . . . $40.00
64	64	(vi) Additional, special fee (Sec. 118.064)
65	65	. . . $ 5.00
66	66	(B) Services in Pending Probate Action (Sec.
67	67	118.056):
68	68	(i) Filing an inventory and appraisement as
69	69	provided by Section 118.056(d) . . . $25.00
70	70	(ii) Approving and recording bond . . .
71	71	$ 3.00
72	72	(iii) Administering oath . . . $ 2.00
73	73	(iv) Filing annual or final account of
74	74	estate . . . $25.00
75	75	(v) Filing application for sale of real or
76	76	personal property . . . $25.00
77	77	(vi) Filing annual or final report of
78	78	guardian of a person . . . $10.00
79	79	(vii) Filing a document not listed under
80	80	this paragraph after the filing of an order approving the inventory
81	81	and appraisement or after the 120th day after the date of the
82	82	initial filing of the action, whichever occurs first, if more than
83	83	25 pages . . . $25.00
84	84	(C) Adverse Probate Action (Sec. 118.057) . . .
85	85	$40.00
86	86	(D) Claim Against Estate (Sec. 118.058) . . .
87	87	$ 2.00
88	88	(E) Supplemental Court-Initiated Guardianship
89	89	Fee in Probate Original Actions and Adverse Probate Actions (Sec.
90	90	118.067) . . . $20.00
91	91	(3) OTHER FEES
92	92	(A) Issuing Document (Sec. 118.059):
93	93	original document and one copy . . . $ 4.00
94	94	each additional set of an original and one copy
95	95	. . . $ 4.00
96	96	(B) Certified Papers (Sec. 118.060):
97	97	for the clerk's certificate . . . $ 5.00
98	98	plus a fee per page or part of a page of . . .
99	99	$ 1.00
100	100	(C) Noncertified Papers (Sec. 118.0605):
101	101	for each page or part of a page . . . $ 1.00
102	102	(D) Letters Testamentary, Letter of
103	103	Guardianship, Letter of Administration, or Abstract of Judgment
104	104	(Sec. 118.061) . . . $ 2.00
105	105	(E) Safekeeping of Wills (Sec. 118.062) . . .
106	106	$ 5.00
107	107	(F) Mail Service of Process (Sec. 118.063) . . .
108	108	same as sheriff
109	109	(G) Records Management and Preservation Fee
110	110	. . . $ 5.00
111	111	(H) Records Technology and Infrastructure Fee if
112	112	authorized by the commissioners court of the county (Sec. 118.026)
113	113	. . . $2.00
114	114	SECTION 4. Subchapter D, Chapter 118, Local Government
115	115	Code, is amended by adding Section 118.068 to read as follows:
116	116	Sec. 118.068. FEE FOR COUNTY RECORDS TECHNOLOGY AND
117	117	INFRASTRUCTURE. If adopted by the commissioners court under Section
118	118	118.026, the clerk of a county court shall collect the records
119	119	technology and infrastructure fee at the time a person pays a fee
120	120	under Section 118.0546 or 118.0645 and shall deposit the fee in the
121	121	records technology and infrastructure account under Section
122	122	118.026(c).
123	123	SECTION 5. Section 118.101, Local Government Code, is
124	124	amended to read as follows:
125	125	Sec. 118.101. FEE SCHEDULE. The county judge shall collect
126	126	the following fees in probate matters:
127	127	(1) Probate of a will$2.00
128	128	(2) Granting letters testamentary, letter of
129	129	guardianship, or letter of administration$2.00
130	130	(3) Order of sale$2.00
131	131	(4) Approval and confirmation of sale$2.00
132	132	(5) Decree refusing order of sale or confirmation of
133	133	sale$2.00
134	134	(6) Decree of partition and distribution$2.00
135	135	(7) Decree approving or setting aside the report of a
136	136	commissioner of partition and distribution$2.00
137	137	(8) Decree removing an executor, administrator or
138	138	guardian (with the fee to be paid by that executor, administrator,
139	139	or guardian)$1.00
140	140	(9) Fiat or certificate$2.00
141	141	(10) Continuance$0.10
142	142	(11) Orders for which another fee is not
143	143	prescribed$2.00
144	144	(12) Administering oath or affirmation with
145	145	certificate and seal$2.00
146	146	(13) Administering oath or affirmation without
147	147	certificate and seal$0.25
148	148	(14) Records technology and infrastructure, if
149	149	authorized by the commissioners court of the county $2.00
150	150	SECTION 6. Subchapter D, Chapter 118, Local Government
151	151	Code, is amended by adding Section 118.102 to read as follows:
152	152	Sec. 118.102. FEE FOR COUNTY RECORDS TECHNOLOGY AND
153	153	INFRASTRUCTURE. If adopted by the commissioners court under Section
154	154	118.026, the county judge shall collect the records technology and
155	155	infrastructure fee at the time a person pays a fee for probate
156	156	matters under Section 118.101 and shall deposit the fee in the
157	157	records technology and infrastructure account under Section
158	158	118.026(c).
159	159	SECTION 7. Section 103.030, Government Code, is amended to
160	160	read as follows:
161	161	Sec. 103.030. MISCELLANEOUS FEES AND COSTS: LOCAL
162	162	GOVERNMENT CODE. Fees and costs shall be paid or collected under
163	163	the Local Government Code as follows:
164	164	(1) services by the offices of the sheriff and
165	165	constables (Sec. 118.131, Local Government Code) . . . amount set
166	166	by county commissioners court;
167	167	(2) a filing fee or recording fee for each page of a
168	168	legal paper presented for filing or recording that fails to meet
169	169	certain requirements regarding paper size, weight, substance,
170	170	headings, legibility, the presence of typed or printed names under
171	171	each signature, and number and size of riders or attachments (Sec.
172	172	191.007, Local Government Code) . . . twice the regular filing fee
173	173	or recording fee provided by statute for that page, rider, or
174	174	attachment;
175	175	(3) a processing fee as authorized by the
176	176	commissioners court for the payment by credit card of a fee, court
177	177	cost, or other charge processed by a county or precinct officer
178	178	(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
179	179	reasonably related to the expense incurred by the county or
180	180	precinct officer but not to exceed five percent of the amount of the
181	181	fee, court cost, or other charge being paid;
182	182	(4) a processing fee as authorized by the governing
183	183	body of the municipality for the payment by credit card of a fee,
184	184	court cost, or other charge processed by a municipal official
185	185	(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
186	186	reasonably related to the expense incurred by the municipal
187	187	official but not to exceed five percent of the amount of the fee,
188	188	court cost, or other charge being paid;
189	189	(5) a handling fee, if authorized by the commissioners
190	190	court under Section 132.002, Local Government Code, for
191	191	electronically processing the payment of a fee, fine, court cost,
192	192	or other charge (Secs. 132.002 and 132.003, Local Government Code):
193	193	(A) charged at a flat rate that does not exceed $5
194	194	for each payment transaction; or
195	195	(B) charged at a rate reasonably related to the
196	196	expense incurred in processing a payment and that does not exceed
197	197	five percent of the amount of the fee, court cost, or other charge
198	198	being paid; [and]
199	199	(6) a fee, if authorized by the commissioners court,
200	200	collected by a county or precinct officer on behalf of the county
201	201	from a person making payment by credit card of a fee, court cost, or
202	202	other charge (Sec. 132.003, Local Government Code) . . . an amount
203	203	equal to the amount of any transaction fee charged to the county by
204	204	a vendor providing services in connection with payments made by
205	205	credit card; and
206	206	(7) a records technology and infrastructure fee, if
207	207	authorized by the commissioners court of the county (Secs. 118.026,
208	208	118.068, and 118.102, Local Government Code) . . . $2.00.
209	209	SECTION 8. This Act takes effect September 1, 2013.