Texas 2015 - 84th Regular

Texas House Bill HB1062 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Lucio III (Senate Sponsor - Lucio) H.B. No. 1062
2		-	(In the Senate - Received from the House May 5, 2015;
3		-	May 11, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 18, 2015, reported favorably by
5		-	the following vote: Yeas 5, Nays 1; May 18, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1062
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to authorizing a fee for county records technology and
12	6		infrastructure costs in certain counties.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 118.011(f), Local Government Code, as
15	9		effective until September 1, 2019, is amended to read as follows:
16	10		(f) The county clerk of a county shall, if the commissioners
17	11		court of the county adopts the fee as part of the county's annual
18	12		budget, collect the following fee from any person:
19	13		(1) Records Archive Fee (Sec. 118.025) . . . . . . .
20	14		not more than $10
21	15		(2) Records Technology and Infrastructure Fee (Sec.
22	16		118.026) . . . . . . . $2.00
23	17		SECTION 2. Section 118.011(f), Local Government Code, as
24	18		effective September 1, 2019, is amended to read as follows:
25	19		(f) The county clerk of a county shall, if the commissioners
26	20		court of the county adopts the fee as part of the county's annual
27	21		budget, collect the following fee from any person:
28	22		(1) Records Archive Fee (Sec. 118.025) . . . . . . .
29	23		not more than $5
30	24		(2) Records Technology and Infrastructure Fee (Sec.
31	25		118.026) . . . . . . . $2.00
32	26		SECTION 3. Subchapter B, Chapter 118, Local Government
33	27		Code, is amended by adding Section 118.026 to read as follows:
34	28		Sec. 118.026. FEE FOR COUNTY RECORDS TECHNOLOGY AND
35	29		INFRASTRUCTURE IN CERTAIN COUNTIES. (a) The commissioners court
36	30		of a county that borders the United Mexican States and the Gulf of
37	31		Mexico may adopt a records technology and infrastructure fee as
38	32		part of the county's annual budget. The fee must be set and
39	33		itemized in the county's budget as part of the budget preparation
40	34		process.
41	35		(b) The fee must be paid at the time a person pays a fee
42	36		under Section 118.0216 or, if applicable, Section 118.025.
43	37		(c) The fee shall be deposited in a separate records
44	38		technology and infrastructure account in the general fund of the
45	39		county. Any interest accrued remains with the account.
46	40		(d) The funds generated from the collection of a fee under
47	41		this section may be used only for technology and infrastructure for
48	42		the maintenance of county records and the operation of the county
49	43		records system.
50	44		(e) The fee is subject to approval by the commissioners
51	45		court in a public meeting during the budget process.
52	46		SECTION 4. Section 118.052, Local Government Code, is
53	47		amended to read as follows:
54	48		Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
55	49		shall collect the following fees for services rendered to any
56	50		person:
57	51		(1) CIVIL COURT ACTIONS
58	52		(A) Filing of Original Action (Sec. 118.053):
59	53		(i) Garnishment after judgment . . . $15.00
60	54		(ii) All others . . . $40.00
61	55		(B) Filing of Action Other than Original (Sec.
62	56		118.054) . . . $30.00
63	57		(C) Services Rendered After Judgment in Original
64	58		Action (Sec. 118.0545):
65	59		(i) Abstract of judgment . . . $ 5.00
66	60		(ii) Execution, order of sale, writ, or
67	61		other process . . . $ 5.00
68	62		(2) PROBATE COURT ACTIONS
69	63		(A) Probate Original Action (Sec. 118.055):
70	64		(i) Probate of a will with independent
71	65		executor, administration with will attached, administration of an
72	66		estate, guardianship or receivership of an estate, or muniment of
73	67		title . . . $40.00
74	68		(ii) Community survivors . . . $40.00
75	69		(iii) Small estates . . . $40.00
76	70		(iv) Declarations of heirship . . . $40.00
77	71		(v) Mental health or chemical dependency
78	72		services . . . $40.00
79	73		(vi) Additional, special fee (Sec. 118.064)
80	74		. . . $ 5.00
81	75		(B) Services in Pending Probate Action (Sec.
82	76		118.056):
83	77		(i) Filing an inventory and appraisement as
84	78		provided by Section 118.056(d) . . . $25.00
85	79		(ii) Approving and recording bond . . .
86	80		$ 3.00
87	81		(iii) Administering oath . . . $ 2.00
88	82		(iv) Filing annual or final account of
89	83		estate . . . $25.00
90	84		(v) Filing application for sale of real or
91	85		personal property . . . $25.00
92	86		(vi) Filing annual or final report of
93	87		guardian of a person . . . $10.00
94	88		(vii) Filing a document not listed under
95	89		this paragraph after the filing of an order approving the inventory
96	90		and appraisement or after the 120th day after the date of the
97	91		initial filing of the action, whichever occurs first, if more than
98	92		25 pages . . . $25.00
99	93		(C) Adverse Probate Action (Sec. 118.057) . . .
100	94		$40.00
101	95		(D) Claim Against Estate (Sec. 118.058) . . .
102	96		$ 2.00
103	97		(E) Supplemental Court-Initiated Guardianship
104	98		Fee in Probate Original Actions and Adverse Probate Actions (Sec.
105	99		118.067) . . . $20.00
106	100		(F) Supplemental Public Probate Administrator
107	101		Fee For Counties That Have Appointed a Public Probate Administrator
108	102		(Sec. 118.068) . . . $10.00
109	103		(3) OTHER FEES
110	104		(A) Issuing Document (Sec. 118.059):
111	105		original document and one copy . . . $ 4.00
112	106		each additional set of an original and one copy
113	107		. . . $ 4.00
114	108		(B) Certified Papers (Sec. 118.060):
115	109		for the clerk's certificate . . . $ 5.00
116	110		plus a fee per page or part of a page of . . .
117	111		$ 1.00
118	112		(C) Noncertified Papers (Sec. 118.0605):
119	113		for each page or part of a page . . . $ 1.00
120	114		(D) Letters Testamentary, Letter of
121	115		Guardianship, Letter of Administration, or Abstract of Judgment
122	116		(Sec. 118.061) . . . $ 2.00
123	117		(E) Safekeeping of Wills (Sec. 118.062) . . .
124	118		$ 5.00
125	119		(F) Mail Service of Process (Sec. 118.063) . . .
126	120		same as sheriff
127	121		(G) Records Management and Preservation Fee
128	122		. . . $ 5.00
129	123		(H) Records Technology and Infrastructure Fee if
130	124		authorized by the commissioners court of the county (Sec. 118.026)
131	125		. . . $ 2.00
132	126		SECTION 5. Subchapter C, Chapter 118, Local Government
133	127		Code, is amended by adding Section 118.069 to read as follows:
134	128		Sec. 118.069. FEE FOR COUNTY RECORDS TECHNOLOGY AND
135	129		INFRASTRUCTURE. If adopted by the commissioners court under
136	130		Section 118.026, the clerk of a county court shall collect the
137	131		records technology and infrastructure fee at the time a person pays
138	132		a fee under Section 118.0546 or 118.0645 and shall deposit the fee
139	133		in the records technology and infrastructure account under Section
140	134		118.026(c).
141	135		SECTION 6. Section 118.101, Local Government Code, is
142	136		amended to read as follows:
143	137		Sec. 118.101. FEE SCHEDULE. The county judge shall collect
144	138		the following fees in probate matters:
145	139		(1) Probate of a will$2.00
146	140		(2) Granting letters testamentary, letter of
147	141		guardianship, or letter of administration$2.00
148	142		(3) Order of sale$2.00
149	143		(4) Approval and confirmation of sale$2.00
150	144		(5) Decree refusing order of sale or confirmation of
151	145		sale$2.00
152	146		(6) Decree of partition and distribution$2.00
153	147		(7) Decree approving or setting aside the report of a
154	148		commissioner of partition and distribution$2.00
155	149		(8) Decree removing an executor, administrator or
156	150		guardian (with the fee to be paid by that executor, administrator,
157	151		or guardian)$1.00
158	152		(9) Fiat or certificate$2.00
159	153		(10) Continuance$0.10
160	154		(11) Orders for which another fee is not
161	155		prescribed$2.00
162	156		(12) Administering oath or affirmation with
163	157		certificate and seal$2.00
164	158		(13) Administering oath or affirmation without
165	159		certificate and seal$0.25
166	160		(14) Records technology and infrastructure, if
167	161		authorized by the commissioners court of the county$2.00
168	162		SECTION 7. Subchapter D, Chapter 118, Local Government
169	163		Code, is amended by adding Section 118.102 to read as follows:
170	164		Sec. 118.102. FEE FOR COUNTY RECORDS TECHNOLOGY AND
171	165		INFRASTRUCTURE. If adopted by the commissioners court under
172	166		Section 118.026, the county judge shall collect the records
173	167		technology and infrastructure fee at the time a person pays a fee
174	168		for probate matters under Section 118.101 and shall deposit the fee
175	169		in the records technology and infrastructure account under Section
176	170		118.026(c).
177	171		SECTION 8. Section 103.030, Government Code, is amended to
178	172		read as follows:
179	173		Sec. 103.030. MISCELLANEOUS FEES AND COSTS: LOCAL
180	174		GOVERNMENT CODE. Fees and costs shall be paid or collected under
181	175		the Local Government Code as follows:
182	176		(1) services by the offices of the sheriff and
183	177		constables (Sec. 118.131, Local Government Code) . . . amount set
184	178		by county commissioners court;
185	179		(2) a filing fee or recording fee for each page of a
186	180		legal paper presented for filing or recording that fails to meet
187	181		certain requirements regarding paper size, weight, substance,
188	182		headings, legibility, the presence of typed or printed names under
189	183		each signature, and number and size of riders or attachments (Sec.
190	184		191.007, Local Government Code) . . . twice the regular filing fee
191	185		or recording fee provided by statute for that page, rider, or
192	186		attachment;
193	187		(3) a processing fee as authorized by the
194	188		commissioners court for the payment by credit card of a fee, court
195	189		cost, or other charge processed by a county or precinct officer
196	190		(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
197	191		reasonably related to the expense incurred by the county or
198	192		precinct officer but not to exceed five percent of the amount of the
199	193		fee, court cost, or other charge being paid;
200	194		(4) a processing fee as authorized by the governing
201	195		body of the municipality for the payment by credit card of a fee,
202	196		court cost, or other charge processed by a municipal official
203	197		(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
204	198		reasonably related to the expense incurred by the municipal
205	199		official but not to exceed five percent of the amount of the fee,
206	200		court cost, or other charge being paid;
207	201		(5) a handling fee, if authorized by the commissioners
208	202		court under Section 132.002, Local Government Code, for
209	203		electronically processing the payment of a fee, fine, court cost,
210	204		or other charge (Secs. 132.002 and 132.003, Local Government Code):
211	205		(A) charged at a flat rate that does not exceed $5
212	206		for each payment transaction; or
213	207		(B) charged at a rate reasonably related to the
214	208		expense incurred in processing a payment and that does not exceed
215	209		five percent of the amount of the fee, court cost, or other charge
216	210		being paid; [and]
217	211		(6) a fee, if authorized by the commissioners court,
218	212		collected by a county or precinct officer on behalf of the county
219	213		from a person making payment by credit card of a fee, court cost, or
220	214		other charge (Sec. 132.003, Local Government Code) . . . an amount
221	215		equal to the amount of any transaction fee charged to the county by
222	216		a vendor providing services in connection with payments made by
223	217		credit card; and
224	218		(7) a records technology and infrastructure fee, if
225	219		authorized by the commissioners court of the county (Secs. 118.026,
226	220		118.069, and 118.102, Local Government Code) . . . $2.00.
227	221		SECTION 9. This Act takes effect September 1, 2015.
228		-	* * * * *
	222	+	______________________________ ______________________________
	223	+	President of the Senate Speaker of the House
	224	+	I certify that H.B. No. 1062 was passed by the House on May 4,
	225	+	2015, by the following vote: Yeas 135, Nays 3, 2 present, not
	226	+	voting.
	227	+	______________________________
	228	+	Chief Clerk of the House
	229	+	I certify that H.B. No. 1062 was passed by the Senate on May
	230	+	20, 2015, by the following vote: Yeas 23, Nays 7.
	231	+	______________________________
	232	+	Secretary of the Senate
	233	+	APPROVED: _____________________
	234	+	Date
	235	+	_____________________
	236	+	Governor