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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties and responsibilities of certain county |
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officials and the functions of county government. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.305(b), Government Code, is amended |
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to read as follows: |
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(b) The commissioners court of a county may adopt a district |
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court records archive fee of not more than $5 for the filing of a |
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suit, including an appeal from an inferior court, or a |
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cross-action, counterclaim, intervention, contempt action, motion |
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for new trial, or third-party petition, in a district court or |
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statutory county court, if the court exercises concurrent |
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jurisdiction over the suit with a district court, in the county as |
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part of the county's annual budget. The fee must be set and |
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itemized in the county's budget as part of the budget preparation |
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process and must be approved in a public meeting. The fee is for |
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preservation and restoration services performed in connection with |
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maintaining a district court records archive. |
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SECTION 2. Section 51.605(c), Government Code, is amended |
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to read as follows: |
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(c) A clerk must each year [annually] complete 20 hours of |
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continuing education courses including at least one hour of |
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continuing education courses regarding registry funds handled |
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under Chapter 117, Local Government Code, in the performance of the |
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duties of office. The 20 hours of required continuing education |
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courses must include at least one hour of continuing education |
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regarding fraudulent court documents and fraudulent document |
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filings. |
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SECTION 3. Section 62.106(a), Government Code, is amended |
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to read as follows: |
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(a) A person qualified to serve as a petit juror may |
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establish an exemption from jury service if the person: |
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(1) is over 70 years of age; |
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(2) has legal custody of a child younger than 12 [15] |
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years of age and the person's service on the jury requires leaving |
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the child without adequate supervision; |
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(3) is a student of a public or private secondary |
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school; |
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(4) is a person enrolled and in actual attendance at an |
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institution of higher education; |
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(5) is an officer or an employee of the senate, the |
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house of representatives, or any department, commission, board, |
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office, or other agency in the legislative branch of state |
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government; |
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(6) is summoned for service in a county with a |
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population of at least 200,000, unless that county uses a jury plan |
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under Section 62.011 and the period authorized under Section |
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62.011(b)(5) exceeds two years, and the person has served as a petit |
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juror in the county during the 24-month period preceding the date |
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the person is to appear for jury service; |
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(7) is the primary caretaker of a person who is an |
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invalid unable to care for himself; |
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(8) except as provided by Subsection (b), is summoned |
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for service in a county with a population of at least 250,000 and |
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the person has served as a petit juror in the county during the |
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three-year period preceding the date the person is to appear for |
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jury service; or |
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(9) is a member of the United States military forces |
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serving on active duty and deployed to a location away from the |
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person's home station and out of the person's county of residence. |
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SECTION 4. Subchapter E, Chapter 101, Government Code, is |
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amended by adding Section 101.08118 to read as follows: |
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Sec. 101.08118. ADDITIONAL STATUTORY COUNTY COURT FEES: |
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LOCAL GOVERNMENT CODE. The clerk of a statutory county court shall |
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collect a district court records archive fee of not more than $5 |
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under Section 118.068, Local Government Code, if adopted by the |
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county commissioners court. |
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SECTION 5. Subchapter F, Chapter 101, Government Code, is |
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amended by adding Section 101.10117 to read as follows: |
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Sec. 101.10117. ADDITIONAL STATUTORY PROBATE COURT FEES: |
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LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall |
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collect a district court records archive fee of not more than $5 |
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under Section 118.068, Local Government Code, if adopted by the |
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county commissioners court. |
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SECTION 6. Section 191.0045, Health and Safety Code, is |
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amended by amending Subsection (h) and adding Subsection (i) to |
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read as follows: |
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(h) In addition to other fees collected under this section, |
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a local registrar or county clerk may collect a fee not to exceed $1 |
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for: |
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(1) preserving [the preservation of] vital statistics |
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records maintained by the registrar or county clerk, including |
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birth, death, fetal death, marriage, divorce, and annulment |
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records; |
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(2) training registrar or county clerk employees |
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regarding vital statistics records; and |
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(3) ensuring the safety and security of vital |
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statistics records. |
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(i) A fee under this section shall be collected by the |
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registrar or county clerk on the issuance of a vital statistics |
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record, including a record issued through a Remote Birth Access |
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site. |
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SECTION 7. Section 118.051, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.051. CLERICAL DUTIES. Except as provided by |
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Sections [Section] 118.067 and 118.068, the fees listed in this |
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subchapter for county civil court dockets under Section 118.052(1) |
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and county probate court dockets under Section 118.052(2) are fees |
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for all clerical duties performed in connection with the docket, |
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including: |
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(1) filing, registering or recording, docketing, and |
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taxing costs for an application, will, complaint, petition, return, |
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document, or proceeding; |
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(2) issuing and recording the return of a citation, |
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notice, subpoena, commission to take depositions, execution while |
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the docket is still open (civil docket), garnishment before |
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judgment (civil docket), order, writ, process, or any other |
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document authorized or required to be issued by the clerk on which a |
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return must be recorded; |
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(3) attendances in court as clerk of the court; |
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(4) impaneling a jury (civil docket); |
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(5) swearing witnesses; |
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(6) approving bonds involved in court action; and |
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(7) administering oaths. |
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SECTION 8. Section 118.052, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.052. FEE SCHEDULE. Each clerk of a county court |
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shall collect the following fees for services rendered to any |
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person: |
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(1) CIVIL COURT ACTIONS |
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(A) Filing of Original Action (Sec. 118.053): |
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(i) Garnishment after judgment . . . $15.00 |
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(ii) All others . . . $40.00 |
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(B) Filing of Action Other than Original (Sec. |
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118.054) . . . $30.00 |
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(C) Services Rendered After Judgment in Original |
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Action (Sec. 118.0545): |
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(i) Abstract of judgment . . . $ 5.00 |
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(ii) Execution, order of sale, writ, or |
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other process . . . $ 5.00 |
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(2) PROBATE COURT ACTIONS |
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(A) Probate Original Action (Sec. 118.055): |
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(i) Probate of a will with independent |
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executor, administration with will attached, administration of an |
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estate, guardianship or receivership of an estate, or muniment of |
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title . . . $40.00 |
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(ii) Community survivors . . . $40.00 |
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(iii) Small estates . . . $40.00 |
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(iv) Declarations of heirship . . . $40.00 |
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(v) Mental health or chemical dependency |
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services . . . $40.00 |
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(vi) Additional, special fee (Sec. 118.064) |
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. . . $ 5.00 |
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(B) Services in Pending Probate Action (Sec. |
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118.056): |
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(i) Filing an inventory and appraisement as |
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provided by Section 118.056(d) . . . $25.00 |
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(ii) Approving and recording bond . . . |
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$3.00 |
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(iii) Administering oath . . . $ 2.00 |
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(iv) Filing annual or final account of |
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estate . . . $25.00 |
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(v) Filing application for sale of real or |
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personal property . . . $25.00 |
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(vi) Filing annual or final report of |
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guardian of a person . . . $10.00 |
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(vii) Filing a document not listed under |
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this paragraph after the filing of an order approving the inventory |
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and appraisement or after the 120th day after the date of the |
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initial filing of the action, whichever occurs first, if more than |
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25 pages . . . $25.00 |
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(C) Adverse Probate Action (Sec. 118.057) . . . |
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$40.00 |
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(D) Claim Against Estate (Sec. 118.058) . . . |
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$2.00 |
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(E) Supplemental Court-Initiated Guardianship |
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Fee in Probate Original Actions and Adverse Probate Actions (Sec. |
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118.067) . . . $20.00 |
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(3) OTHER FEES |
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(A) Issuing Document (Sec. 118.059): |
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original document and one copy . . . $ 4.00 |
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each additional set of an original and one copy |
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. . . $ 4.00 |
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(B) Certified Papers (Sec. 118.060): |
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for the clerk's certificate . . . $ 5.00 |
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plus a fee per page or part of a page of . . . $1.00 |
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(C) Noncertified Papers (Sec. 118.0605): |
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for each page or part of a page . . . $ 1.00 |
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(D) Letters Testamentary, Letter of |
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Guardianship, Letter of Administration, or Abstract of Judgment |
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(Sec. 118.061) . . . $ 2.00 |
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(E) Safekeeping of Wills (Sec. 118.062) . . . |
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$5.00 |
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(F) Mail Service of Process (Sec. 118.063) . . . |
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same as sheriff |
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(G) Records Management and Preservation Fee |
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. . . $ 5.00 |
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(H) District Court Records Archive Fee . . . |
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$5.00 |
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SECTION 9. Subchapter C, Chapter 118, Local Government |
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Code, is amended by adding Section 118.068 to read as follows: |
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Sec. 118.068. DISTRICT COURT RECORDS ARCHIVE FEE. (a) If |
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adopted by the commissioners court, the clerk of a county court |
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shall collect a district court records archive fee of not more than |
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$5 when a person files a suit in a statutory county court for which |
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the court exercises concurrent jurisdiction with a district court, |
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including an appeal from an inferior court, or a cross-action, |
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counterclaim, intervention, contempt action, motion for new trial, |
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or third-party petition. |
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(b) The fee imposed under this section does not apply to a |
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filing by a state agency. |
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(c) The county clerk, after collecting a fee under this |
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section, shall pay the fee to the county treasurer, or to an |
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official who discharges the duties commonly delegated to the county |
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treasurer, for deposit to the district court records technology |
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fund established under Section 51.305, Government Code. |
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SECTION 10. Section 132.002(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county may authorize a |
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county or precinct officer who collects fees, fines, court costs, |
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or other charges on behalf of the county or the state to accept |
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payment by credit card or electronic means of a fee, fine, court |
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costs, or other charge. The commissioners court may also authorize |
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a county or precinct officer to collect and retain a fee for |
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processing the payment by credit card or electronic means. |
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SECTION 11. Section 191.030, Health and Safety Code, is |
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repealed. |
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SECTION 12. (a) Section 51.607, Government Code, does not |
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apply to a fee imposed under Section 118.068, Local Government |
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Code, as added by this Act, or Section 101.08118 or 101.10117, |
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Government Code, as added by this Act. |
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(b) The change in law made by this Act applies only to the |
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imposition of a fee on a filing in a civil action or proceeding made |
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on or after the effective date of an order of a commissioners court |
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authorizing imposition of the fee. The imposition of a fee on a |
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filing made before that date is governed by the law in effect on the |
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date the filing was made, and the former law is continued in effect |
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for that purpose. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |