Bill Text: TX HB1392 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to a fee imposed on the transfer of property following a foreclosure sale to fund civil legal services for indigents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-01 - Referred to County Affairs [HB1392 Detail]
Download: Texas-2011-HB1392-Introduced.html
82R256 PAM-D | ||
By: Naishtat | H.B. No. 1392 |
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relating to a fee imposed on the transfer of property following a | ||
foreclosure sale to fund civil legal services for indigents. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 118.011(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A county clerk shall collect the following fees for | ||
services rendered to any person: | ||
(1) Personal Property Records Filing (Sec. 118.012): | ||
for the first page . . . . . . . . . . . . . . $ 5.00 | ||
for each additional page or part of a page on which | ||
there are visible marks of any kind . . . . . . $ 4.00 | ||
(2) Real Property Records Filing (Sec. 118.013): | ||
for the first page . . . . . . . . . . . . . . $ 5.00 | ||
for each additional page or part of a page on which | ||
there are visible marks of any kind . . . . . . $ 4.00 | ||
for all or part of each 8-1/2" X 14" attachment or | ||
rider . . . . . . . . . . . . . . . . . . . . $ 4.00 | ||
for each name in excess of five names that has to be | ||
indexed in all records in which the document must | ||
be indexed . . . . . . . . . . . . . . . . . . $ 0.25 | ||
for property sold at foreclosure sale | ||
(Sec. 118.026) . . . . . . . . . . . . . . . . $95.00 | ||
(3) Certified Papers (Sec. 118.014): | ||
for the clerk's certificate . . . . . . . . . $ 5.00 | ||
plus a fee for each page or part of a page . . . $ 1.00 | ||
(4) Noncertified Papers (Sec. 118.0145): | ||
for each page or part of a page . . . . . . . . $ 1.00 | ||
(5) Birth or Death Certificate | ||
(Sec. 118.015) . . . . . . . . same as state registrar | ||
(6) Bond Approval (Sec. 118.016) . . . . . . . $ 3.00 | ||
(7) Marriage License (Sec. 118.018) . . . . . $60.00 | ||
(8) Declaration of Informal Marriage | ||
(Sec. 118.019) . . . . . . . . . . . . . . . . $25.00 | ||
(9) Brand Registration (Sec. 118.020) . . . . $ 5.00 | ||
(10) Oath Administration (Sec. 118.021) . . . $ 1.00 | ||
SECTION 2. Subchapter B, Chapter 118, Local Government | ||
Code, is amended by adding Section 118.026 to read as follows: | ||
Sec. 118.026. FEE RELATING TO PROPERTY SOLD AT FORECLOSURE | ||
SALE. (a) A county clerk shall collect a $95 fee, in addition to | ||
the fee required by Section 118.013, at the time a deed is filed | ||
transferring title to real property sold at a foreclosure sale | ||
under a power of sale conferred by a deed of trust or other contract | ||
lien. | ||
(b) This section does not apply if the holder of the | ||
security instrument under which a foreclosure sale was conducted is | ||
the original grantee of the security instrument. | ||
(c) The county clerk shall keep a separate record of the | ||
fees collected under this section and shall remit the fees to the | ||
county treasurer not later than the deadline provided by Section | ||
113.022. The county may retain not more than five percent of the | ||
fees for the county's costs for implementing and administering this | ||
section. | ||
(d) On or before the last day of the month following each | ||
calendar quarter, the county treasurer shall remit to the | ||
comptroller the money from all fees collected during the preceding | ||
quarter, except as provided by Subsection (c). | ||
(e) The comptroller shall deposit the money received under | ||
Subsection (d) in the judicial fund for programs approved by the | ||
supreme court that provide basic civil legal services to the | ||
indigent. | ||
SECTION 3. Section 51.0075, Property Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) The fee required under Section 118.026, Local | ||
Government Code, is considered a cost of sale in a sale held by a | ||
trustee or substitute trustee under this section and shall be paid | ||
from the proceeds of the sale, but the fee may not be considered a | ||
cost of sale for purposes of calculating a deficiency under | ||
Sections 51.003-51.005, or, if the sale does not result in a | ||
deficiency, calculating any disbursement amount that may be | ||
available to the debtor. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |