83R10351 JTS-D
By: Lucio III H.B. No. 3124
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a fee for county records technology and
infrastructure costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 118.011(f), Local Government Code, 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 2. 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. (a) The commissioners court of a county 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 3. 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
(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 4. Subchapter D, Chapter 118, Local Government
Code, is amended by adding Section 118.068 to read as follows:
Sec. 118.068. 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 5. 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 6. 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 7. 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,
118.068, and 118.102, Local Government Code) . . . $2.00.
SECTION 8. This Act takes effect September 1, 2013.