LOCAL GOVERNMENT CODE
CHAPTER 118. FEES CHARGED BY COUNTY OFFICERS
SUBCHAPTER A. GENERAL PROVISIONS
§ 118.001. DEFINITION. In this chapter, "document"
includes any instrument, document, paper, or record.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.002. BILL FOR FEES. A fee under this chapter is
not payable to a person until a clerk or officer produces or is
ready to produce a bill in writing containing the details of the fee
to the person who owes the fee. The bill must be signed by the clerk
or officer to whom the fee is due or who charges the fee or by the
successor in office or legal representative of the clerk or
officer.
Added by Acts 1993, 73rd Leg., ch. 268, § 31, eff. Sept. 1, 1993.
SUBCHAPTER B. FEES OF COUNTY CLERK OTHER THAN COURT FEES
§ 118.011. FEE SCHEDULE. (a) A county clerk shall
collect the following fees for services rendered to any person:
(1) Personal Property Records Filing (§
118.012) $ 2.00
(2) Real Property Records Filing (§ 118.013):
for the first page $ 3.00
for each additional page or part of a page on which
there are visible marks of any kind $ 2.00
for all or part of each 8-1/2" X 14" attachment or
rider $ 2.00
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
(3) Certified Papers (§ 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 (§ 118.0145):
for each page or part of a page $ 1.00
(5) Birth or Death Certificate (§
118.015) same as state registrar
(6) Bond Approval (§ 118.016) $ 3.00
(7) Marriage License (§ 118.018) $30.00
(8) Declaration of Informal Marriage (§
118.019) $25.00
(9) Brand Registration (§ 118.020) $ 5.00
(10) Oath Administration (§ 118.021) $ 1.00
(b) The county clerk may set and collect the following fee
from any person:
(1) Returned Check (§ 118.0215) not less than $15
or more than $30
(2) Records Management and Preservation Fee (§
118.0216) not more than $5
(3) Mental Health Background Check for License to
Carry a Concealed Weapon (§ 118.0217) not more than $2
(c) The clerk shall charge reasonable fees for performing
other duties prescribed or authorized by statute for which a fee is
not prescribed by this subchapter.
(d) The county clerk may not charge the United States
Immigration and Naturalization Service a fee for a copy of any
document on file or of record in the clerk's office relating to an
individual's criminal history, regardless of whether the document
is certified.
(e) A county clerk who provides a copy in a format other than
paper of a record maintained by the clerk shall provide the copy and
charge a fee in accordance with Sections 552.231 and 552.262,
Government Code.
Text of subsecs. (f) and (g) effective until September 1, 2008
(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:
Records Archive Fee (§ 118.025) not more than $5
(g) This subsection and Subsection (f) expire on September
1, 2008.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 18(b), eff. Aug. 28, 1989; Acts
1991, 72nd Leg., ch. 587, § 1, eff. Sept. 1, 1991; Acts 1993,
73rd Leg., ch. 451, § 4, eff; Acts 1993, 73rd Leg., ch. 554, §
1, eff. Sept. 1, 1993; Acts 1993, 73rd., ch. 465, § 2, eff. Aug.
30, 1993; Sept. 1, 1993; Acts 1999, 76th Leg., ch. 185, § 3,
eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1400, § 1, eff.
June 19, 1999; Acts 2001, 77th Leg., ch. 794, § 2, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1155, § 2, eff. June 15, 2001;
Acts 2003, 78th Leg., ch. 413, § 2, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 974, § 1, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1275, § 2(106), (106), 3(31), eff. Sept. 1, 2003.
§ 118.012. PERSONAL PROPERTY RECORDS FILING. (a) The
fee for "Personal Property Records Filing" under Section 118.011 is
for filing or filing and registering, including indexing, in the
personal property, chattels, or personal records in the office of
the county clerk a document that is authorized or required to be
filed in those records.
(b) The fee does not apply to:
(1) notary public records;
(2) marriage records;
(3) vital statistics records;
(4) documents filed in the records of county civil or
criminal courts or probate courts;
(5) documents filed and recorded in the real property
records in the office of the county clerk; or
(6) instruments for which the filing fee is fixed by
the Business & Commerce Code.
(c) This fee is in addition to any other specific fee
provided for by other statute.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.013. REAL PROPERTY RECORDS FILING. (a) The fee
for "Real Property Records Filing" under Section 118.011 is for
filing and recording, including indexing, in the real property
records in the office of the county clerk a document that is
authorized or required to be filed in those records.
(b) A county clerk who files, registers, or records an
instrument by manual copying instead of copying by photocopy,
photostating, or microphotographic process may substitute for the
prescribed page fee a fee of 20 cents per 100 words for each page
having more than 500 words.
(c) The fee does not apply to:
(1) map records;
(2) condominium records;
(3) notary public records;
(4) marriage records;
(5) vital statistics records;
(6) documents filed in the records of county civil or
criminal courts or probate courts; or
(7) personal property, chattels, and personal records
in the office of the county clerk.
(d) The fee is in addition to any other specific fee
provided for by other statute.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.0135. WAIVER OF REAL PROPERTY FILING
FEES. (a) The commissioners court may direct the county clerk to
waive fees for the filing of real property records under this
subchapter for a person who is buying or improving the person's home
with assistance from a federal or state grant or aid program that
promotes home ownership or home improvement for persons of low or
moderate income.
(b) The commissioners court shall specify the types of grant
or aid programs that qualify a person for a fee waiver under this
section and may limit the waiver to only certain programs.
Added by Acts 1999, 76th Leg., ch. 108, § 1, eff. May 17, 1999.
§ 118.014. CERTIFIED PAPERS. (a) The fees for
"Certified Papers" under Section 118.011 are for the county clerk's
certificate that shall be placed on each page or part of a page, and
a fee for copying each page or part of a page, of a notice,
statement, license, or document that the clerk is authorized or
required to issue. The fees must be paid at the time the order is
placed.
(b) The fee does not apply to:
(1) a certified document for the issuance of which
this subchapter prescribes another fee;
(2) a certified copy of map records or condominium
records; or
(3) a license for which the fee for issuance is
specifically provided by other statute.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 451, § 1, eff. Sept. 1, 1993.
§ 118.0145. NONCERTIFIED PAPERS. (a) The fee for
"Noncertified Papers" under Section 118.011 is for issuing a
noncertified copy of each page or part of a page of a document. The
fee must be paid at the time the order is placed.
(b) A county clerk may waive or reduce the fee provided in
Section 118.011 for issuing a noncertified copy of a page or a
portion of a page of a document if the document:
(1) involves a matter relating to family law,
including a divorce decree; or
(2) is the record of a judgment in a misdemeanor case.
Added by Acts 1993, 73rd Leg., ch. 554, § 2, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 764, § 4, eff. Aug. 28,
1995.
§ 118.015. BIRTH OR DEATH CERTIFICATE. (a) The fee for
"Birth or Death Certificate" under Section 118.011 is for issuing a
certified copy of a birth certificate or death certificate and is
the same as the fee charged under Subchapter C, Chapter 191, Health
and Safety Code, by the state registrar of vital statistics and the
local registrar of births and deaths.
(b) A county clerk who collects a fee under this section for
a certified copy of a birth certificate shall deposit the fee into
the county treasury. The state's portion of the fee shall be sent
to the comptroller as provided by Subchapter B, Chapter 133, for
deposit in the work and family policies fund.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1991, 72nd Leg., ch. 14, § 284(68), eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 305, § 3, eff. Sept. 1, 1995; Acts
2003, 78th Leg., ch. 209, § 74(a), eff. Jan. 1, 2004.
§ 118.016. BOND APPROVAL. The fee for "Bond Approval"
under Section 118.011 is for approving bonds other than notarial
bonds and bonds required to be approved in a county civil or
criminal court or in a probate court. The fee must be paid at the
time of approval.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.018. MARRIAGE LICENSE. (a) The fee for
"Marriage License" under Section 118.011 is for issuing a marriage
license. The fee must be paid at the time the license is issued.
(b) The fee includes every service relating to issuance of
the license, including preparing the application, filing health
certificates, administering oaths, filing waivers and orders of the
county judge, and issuing and recording all papers including the
return of the license.
(c) A county clerk who collects a fee under this section
from a marriage license applicant shall deposit $3 of that fee to be
sent to the comptroller as provided by Subchapter B, Chapter 133,
for deposit in the family trust fund established under Section
2.014, Family Code.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 185, § 4, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 209, § 75(a), eff. Jan. 1, 2004.
§ 118.019. DECLARATION OF INFORMAL MARRIAGE. The fee
for "Declaration of Informal Marriage" under Section 118.011 is for
all services rendered in connection with the execution of a
declaration of informal marriage under Section 1.92, Family Code.
The fee shall be collected at the time the service is rendered.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.020. BRAND REGISTRATION. The fee for "Brand
Registration" under Section 118.011 is for registering a brand,
including indexing, searching the records, and issuing the
certificate.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.021. OATH ADMINISTRATION. (a) The fee for "Oath
Administration" under Section 118.011 is for administering an oath
with or without the seal of the clerk.
(b) The fee does not apply to oaths required to be
administered in performing a duty as clerk of county civil or
criminal courts or as clerk of a probate court.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.0215. RETURNED CHECK. The fee for "Returned
Check" under Section 118.011 is for a check that is presented to the
county clerk in payment of taxes or any other item the person owes
to the county and is returned by the depository bank or any other
financial institution because of:
(1) insufficient funds to cover the check;
(2) a closed account;
(3) an unauthorized signature;
(4) a check drawn on uncollected funds; or
(5) any other reason considered to be the fault of the
drawer.
Added by Acts 1989, 71st Leg., ch. 1, § 18(c), eff. Aug. 28,
1989.
§ 118.0216. RECORDS MANAGEMENT AND
PRESERVATION. (a) The fee for "Records Management and
Preservation" under Section 118.011 is for the records management
and preservation services performed by the county clerk after the
filing and recording of a document in the records of the office of
the clerk.
(b) The fee must be paid at the time of the filing of the
document.
(c) In a county that is adjacent to an international
boundary, the fee shall be deposited in a separate records
management and preservation account in the general fund of the
county.
(d) The fee may be used only to provide funds for specific
records management and preservation, including for automation
purposes.
(e) In a county that is adjacent to an international
boundary, the county clerk shall prepare an annual written plan for
funding the automation projects and records management and
preservation services performed by the clerk. After a public
hearing, the plan shall be considered for approval by the
commissioners court. Funds from the records management and
preservation account may be expended only as provided by the plan.
All expenditures from the records management and preservation
account shall comply with Subchapter C, Chapter 262.
Added by Acts 1991, 72nd Leg., ch. 587, § 2, eff. Sept. 1, 1991.
Amended by Acts 2001, 77th Leg., ch. 794, § 3, eff. Sept. 1,
2001.
§ 118.0217. MENTAL HEALTH BACKGROUND CHECK. (a) The
fee for a "mental health background check for license to carry a
concealed weapon" is for a check, conducted by the county clerk at
the request of the Texas Department of Public Safety, of the county
records involving the mental condition of a person who applies for a
license to carry a concealed handgun under Subchapter H, Chapter
411, Government Code. The fee, not to exceed $2, will be paid from
the application fee submitted to the Department of Public Safety
according to Section 411.174(a)(6), Government Code.
(b) This section and Section 118.011(b)(3) do not affect the
procedures for access to court records prescribed by Section
571.015, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1400, § 2, eff. June 19, 1999.
§ 118.022. DISPOSITION OF MARRIAGE LICENSE AND
DECLARATION FEES. (a) The county clerk shall deposit, as
provided by Subchapter B, Chapter 133, $12.50 of each fee collected
for issuance of a marriage license or declaration of informal
marriage to be sent to the comptroller and deposited as provided by
Subsection (b).
(b) The comptroller shall deposit the money received under
this section to the credit of the child abuse and neglect prevention
trust fund account established under Section 40.105, Human
Resources Code.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 957, § 7, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 209, § 76(a), eff. Jan. 1, 2004.
§ 118.023. FEES FOR EX OFFICIO SERVICES. (a) If the
county clerk receives fees for ex officio services or for other
public services not otherwise provided for, the commissioners court
shall set the fees. The fees shall be paid quarterly out of the
county treasury on the order of the commissioners court.
(b) A county clerk may not be compelled to file or record any
instrument or writing authorized or required to be recorded until
payment for all fees has been tendered. This provision does not
apply to papers or instruments filed or recorded in suits pending in
county court.
(c) In this section, "ex officio services" includes
services in relation to roads, bridges, and ferries; issuing and
taking receipts for jury scrip or county warrants; services in
habeas corpus cases; making out bar dockets; keeping records of
trust funds; filing and docketing all papers for the commissioners
court; keeping road overseers' books and lists of hands; recording
all collection returns of delinquent insolvents; recording county
treasurer's reports; recording reports of justices of the peace;
recording reports of animals slaughtered; and services in
connection with elections.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.024. FREE ACCESS TO RECORDS. (a) This
subchapter does not limit or deny any person full and free access to
any document referred to in this subchapter. A person is entitled
to read, examine, and copy from those documents or from any
microfilm or other photographic image of the documents.
(b) A person may exercise the right provided by this section
without paying any charge under the reasonable rules of the county
clerk at all reasonable times during the hours in which the clerk's
office is open to the public.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.025. COUNTY CLERK'S RECORDS ARCHIVE.
Text of section effective until Sept. 1, 2008
(a) In this section:
(1) "Deterioration" means any naturally occurring
process or a natural disaster that results in the destruction or
partial destruction of a public document.
(2) "Preservation" means any process that:
(A) suspends or reduces the deterioration of
public documents; or
(B) provides public access to the public
documents in a manner that reduces the risk of deterioration,
excluding providing public access to public documents indexed
geographically.
(3) "Public document" means any instrument, document,
paper, or other record that the county clerk is authorized to accept
for filing or maintaining.
(4) "Records archive" means public documents filed
with the county clerk before January 1, 1990.
(5) "Restoration" means any process that permits the
visual enhancement of a public document, including making the
document more legible.
(b) The commissioners court of a county may adopt a records
archive fee under Section 118.011(f) 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. The fee for "Records
Archive" under Section 118.011(f) is for the preservation and
restoration services performed by the county clerk in connection
with maintaining a county clerk's records archive.
(c) The fee must be paid at the time a person, excluding a
state agency, presents a public document to the county clerk for
recording or filing.
(d) The fee shall be deposited in a separate records archive
account in the general fund of the county.
(e) The funds generated from the collection of a fee under
this section may be expended only for the preservation and
restoration of the county clerk's records archive.
(f) The funds may not be used to purchase, lease, or develop
computer software to geographically index public records,
excluding indexing public records by lot and block description as
provided by Section 193.009(b)(4).
(g) The county clerk shall prepare an annual written plan
for funding the preservation and restoration of the county clerk's
records archive. The commissioners court shall publish notice of a
public hearing on the plan in a newspaper of general circulation in
the county not later than the 15th day before the date of the
hearing. After the public hearing, the plan shall be considered for
approval by the commissioners court. Funds from the records
archive account may be expended only as provided by the plan. All
expenditures from the records archive account shall comply with
Subchapter C, Chapter 262.
(h) If a county charges a fee under this section, a notice
shall be posted in a conspicuous place in the county clerk's office.
The notice must state the amount of the fee in the following form:
"THE COMMISSIONERS COURT OF _______________ COUNTY HAS DETERMINED
THAT A RECORDS ARCHIVE FEE OF $________ IS NEEDED TO PRESERVE AND
RESTORE COUNTY RECORDS."
(i) The fee is subject to approval by the commissioners
court in a public meeting.
(j) Any excess funds generated from the collection of a fee
under this section remaining after completion of a county records
archive preservation and restoration project may be expended only
for the purposes described by Section 118.0216. The commissioners
court of a county may not order the collection of a fee authorized
by this section after the county records archive preservation and
restoration is complete.
(k) This section expires September 1, 2008.
Added by Acts 2001, 77th Leg., ch. 794, § 4, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 974, § 3, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1275, § 3(32), eff. Sept. 1,
2003.
SUBCHAPTER C. FEES OF CLERK OF COUNTY COURT
§ 118.051. CLERICAL DUTIES. The fees listed in this
subchapter for county civil court dockets under Section 118.052(1)
and county probate court dockets under Section 118.052(2) are fees
for all clerical duties performed in connection with the docket,
including:
(1) filing, registering or recording, docketing, and
taxing costs for an application, will, complaint, petition, return,
document, or proceeding;
(2) issuing and recording the return of a citation,
notice, subpoena, commission to take depositions, execution while
the docket is still open (civil docket), garnishment before
judgment (civil docket), order, writ, process, or any other
document authorized or required to be issued by the clerk on which a
return must be recorded;
(3) attendances in court as clerk of the court;
(4) impaneling a jury (civil docket);
(5) swearing witnesses;
(6) approving bonds involved in court action; and
(7) administering oaths.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 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 (§ 118.053):
(i) Garnishment after judgment $15.00
(ii) All others $40.00
(B) Filing of Action Other than Original (§
118.054)$30.00
(C) Services Rendered After Judgment in Original
Action (§ 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 (§ 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$40.00
(vi) Additional, special fee (§
118.064)$ 5.00
(B) Services in Pending Probate Action (§
118.056):
(i) Filing an inventory and appraisement
after the 120th day after the date of the initial filing of the
action$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
(C) Adverse Probate Action (§ 118.057) $40.00
(D) Claim Against Estate (§ 118.058)$ 2.00
(3) OTHER FEES
(A) Issuing Document (§ 118.059):
original document and one copy $ 4.00
each additional set of an original and one
copy$ 4.00
(B) Certified Papers (§ 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 (§ 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
(§ 118.061)$ 2.00
(E) Safekeeping of Wills (§
118.062)$ 5.00
(F) Mail Service of Process (§
118.063)same as sheriff
(G) Records Management and Preservation
Fee $ 5.00
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 19(a), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 1080, § 7, eff. Sept. 1, 1989; Acts 1991,
72nd Leg., ch. 587, § 3, eff. Sept. 1, 1991; Acts 1993, 73rd
Leg., ch. 554, § 3, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch.
675, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 764, §
3, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 1001, § 1, eff.
Sept. 1, 1999.
§ 118.0525. INCREASED FEE FOR NONCOMPLIANCE WITH
DOCUMENT SPECIFICATIONS. If a legal paper presented to a county
clerk for filing or for recording does not comply with the
specifications prescribed by Section 191.007, the filing fee or
recording fee for the paper is increased as provided by that
section.
Added by Acts 1989, 71st Leg., ch. 1, § 20(b), eff. Aug. 28,
1989.
§ 118.0526. COPIES OF COURT RECORDS PRESERVED ONLY ON
MICROFILM OR BY ELECTRONIC METHOD. (a) On the written request of
a party in an action, the clerk of a county court shall provide the
court with a copy of a motion, order, or other pleading in the
action that is preserved only on microfilm or by other electronic
means. The request must specify the document sought and the
approximate date that the document was filed.
(b) The county clerk may not charge a fee for a copy made
under this section.
Added by Acts 1999, 76th Leg., ch. 1356, § 1, eff. Sept. 1, 1999.
§ 118.053. FILING OF ORIGINAL ACTION. (a) The fee for
"Filing of Original Action" under Section 118.052(1) is for all
clerical duties in connection with an original action filed in a
county civil court.
(b) The fee is charged of the plaintiff or appellant and is
due at the time the cause is filed. Only one fee is due in each
action.
(c) The fee does not apply to actions for which another fee
is prescribed by Section 118.052(2) or 118.052(3).
(d) "Original action" includes an appeal from a justice of
the peace or a corporation court and a transfer of an action from
another jurisdiction.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.054. FILING OF ACTION OTHER THAN
ORIGINAL. (a) The fee for "Filing of Action Other than Original"
under Section 118.052(1) is for filing of each interpleading, cross
action, or action other than the original action.
(b) The fee is charged of the party initiating the action
and is due at the time the action is initiated. Only one fee is due
for each such action.
(c) The fee does not apply to actions for which another fee
is prescribed by Section 118.052(2) or 118.052(3).
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.0545. SERVICES RENDERED AFTER JUDGMENT IN ORIGINAL
ACTION. (a) The fees for "Services Rendered After Judgment in
Original Action" under Section 118.052(1) are for services rendered
after judgment in an original action filed in a county civil court.
(b) The fee for an "Abstract of judgment" under Section
118.052(1) is for issuing an abstract of judgment.
(c) The fee for an "Execution, order of sale, writ, or other
process" under Section 118.052(1) is for issuing and recording the
return on any of those documents. The fee applies only to a writ or
process for the issuance of which another fee is not provided by
this subchapter.
(d) The fee is charged of the party requesting the service
and is due at the time the service is requested.
(e) In this section, "original action" has the meaning
assigned by Section 118.053.
Added by Acts 1989, 71st Leg., ch. 1, § 19(a), eff. Aug. 28,
1989.
§ 118.0546. RECORDS MANAGEMENT AND PRESERVATION
FEE--CIVIL CASES. (a) The fee for "Records Management and
Preservation" under Section 118.052 is for the records management
and preservation services performed by the county as required by
Chapter 203.
(b) The fee shall be assessed as cost and must be paid at the
time of filing any civil case or ancillary pleading thereto.
(c) The fee shall be placed in a special fund to be called
the records management and preservation fund.
(d) The fee shall be used only for records management and
preservation purposes in the county. No expenditure may be made
from this fund without prior approval of the commissioners court.
Added by Acts 1993, 73rd Leg., ch. 675, § 2, eff. Sept. 1, 1993.
§ 118.055. PROBATE ORIGINAL ACTION. (a) The fee for
"Probate Original Action" under Section 118.052(2) is for all
clerical duties in connection with an original action in a probate
court.
(b) The fee for affidavits of heirship includes the filing
of the affidavit, after approval by the judge, in the small estates
records of the county clerk's office.
(c) The fee for an action involving mental health or
chemical dependency services is for the services listed in Sections
571.016, 571.017, 571.018, and 574.008(c), Health and Safety Code,
or services under Subchapter C or D, Chapter 462, Health and Safety
Code. The fees shall be paid by the person executing the
application for mental health or chemical dependency services and
are due at the time the application is filed if the services
requested relate to services provided or to be provided in a private
facility. If the services requested relate to services provided or
to be provided in a mental health facility of the Texas Department
of Mental Health and Mental Retardation or the federal government,
the county clerk may collect the fees only in accordance with
Section 571.018(h), Health and Safety Code.
(d) Except as otherwise provided, the fees listed in this
section are total fees. The fee for probate of a will with
independent executor, administration with a will attached,
administration of an estate, guardianship or receivership of an
estate, or muniment of title is for services rendered from the
initiating of the action until either an order approving the
inventory and appraisement is filed or the 120th day after the date
on which the action is filed, whichever occurs first.
(e) Except as provided by Subsection (c), the fee shall be
paid by the party initiating the action and is due at the time the
action is initiated, except that with the permission of the court
the fee may be paid:
(1) at the time that the legal or personal
representative of the estate qualifies; or
(2) if a Veterans Administration chief attorney is the
attorney of record, at the time the legal or personal
representative of the estate receives funds with which to make the
payment.
(f) The fee does not apply to services for which another fee
is prescribed by Section 118.052(1), 118.052(2)(B), 118.052(2)(D),
or 118.052(3).
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1991, 72nd Leg., ch. 76, § 18, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., ch. 587, § 4, eff. Sept. 1, 1991; Acts 1993,
73rd Leg., ch. 174, § 2, eff. Aug. 30, 1993; Acts 1997, 75th
Leg., ch. 584, § 1, eff. Sept. 1, 1997.
§ 118.056. SERVICES IN PENDING PROBATE ACTION.
Text of section as amended by Acts 1999, 76th Leg., ch. 66, § 1
(a) The fees for "Services in Pending Probate Action" under
Section 118.052(2) are for services in an action in an open probate
docket rendered 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.
(b) The fee for filing a document also applies to each page
or part of a page for the filing of a document or exhibit filed by a
movant after the filing of an original answer or response, 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, and before the filing of an adverse
action, contest, suit, or pleading seeking affirmative relief.
(c) Each fee shall be paid in cash at the time of the filing
or the rendering of the service and is in addition to other fees
prescribed by Section 118.052.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 66, § 1, eff. Sept. 1, 1999.
For text of section as amended by Acts 1999, 76th Leg., ch. 1001,
§ 2, see § 118.056, post.
§ 118.056. SERVICES IN PENDING PROBATE ACTION.
Text of section as amended by Acts 1999, 76th Leg., ch. 1001, § 2
Each fee under Section 118.052(2)(B) shall be paid in cash at
the time of the filing or the rendering of the service and is in
addition to other fees prescribed by Section 118.052.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 1001, § 2, eff. Sept. 1, 1999.
For text of section as amended by Acts 1999, 76th Leg., ch. 66, §
1, see § 118.056, ante.
§ 118.057. ADVERSE PROBATE ACTION. (a) The fee for
"Adverse Probate Action" under Section 118.052(2) is for clerical
duties in an adverse action, contest, or suit in a probate court
(other than the filing of a claim against an estate) in which the
movant or applicant filing the intervention pleadings seeks any
affirmative relief. There is no charge for filing an original
answer or response that is strictly defensive to a previously filed
pleading.
(b) The fee is charged of the party initiating the adverse
action or contest.
(c) The fee does not apply to services for which a fee is
prescribed by Section 118.052(1), 118.052(2), 118.052(3)(A), or
118.052(3)(B).
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.058. CLAIM AGAINST ESTATE. (a) The fee for
"Claim Against Estate" under Section 118.052(2) is for clerical
duties in connection with filing and entering a claim against an
estate.
(b) The fee must be paid by the claimant at the time the
claim is filed.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.059. ISSUING DOCUMENT. (a) The fee for "Issuing
Document" under Section 118.052(3) is for issuing an original
document and one copy and includes recording the return of the
document.
(b) The fee for issuing for the same action at the same time
more than one set of an original and one copy of the same document
includes recording the return of the document. The fee must be paid
at the time the order is placed.
(c) In this section, "document" includes a citation,
notice, commission to take depositions, execution, order, writ,
process, or other instrument or paper authorized or required to be
issued by the clerk.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 451, § 2, eff. Sept. 1, 1993.
§ 118.060. CERTIFIED PAPERS, NO RETURN
REQUIRED. (a) The fees for "Certified Papers" under Section
118.052(3) are for the county clerk's certificate that shall be
placed on each page or part of a page, and a fee for copying each
page or part of a page, of a notice, statement, transcript, or other
document authorized or required to be issued by the clerk.
(b) The fee must be paid at the time the order is placed.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 451, § 3, eff. Sept. 1, 1993.
§ 118.0605. NONCERTIFIED PAPERS. (a) The fee for
"Noncertified Papers" under Section 118.052(3) is for issuing a
noncertified copy of each page or part of a page of a document.
(b) The fee must be paid at the time the order is placed.
Added by Acts 1993, 73rd Leg., ch. 554, § 4, eff. Sept. 1, 1993.
§ 118.061. LETTERS AND ABSTRACTS. The fee for "Letters
Testamentary, Letter of Guardianship, Letter of Administration, or
Abstract of Judgment" under Section 118.052(3) is for the issuing
of any of those documents.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.062. SAFEKEEPING OF WILLS. The fee for
"Safekeeping of Wills" under Section 118.052(3) is for filing and
keeping wills held for safekeeping. The fee must be paid at the
time the will is filed.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.063. MAIL SERVICE OF PROCESS. The fee for "Mail
Service of Process" under Section 118.052(3) is for the clerk's
service of process by certified or registered mail. The fee is the
same amount that sheriffs and constables are authorized to charge
under Section 118.131.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.064. ADDITIONAL FEE IN ORIGINAL PROBATE
ACTION. (a) The fee "Additional, special fee" under Section
118.052(2)(A)(vi) is to be paid for each original action filed in a
probate court and is in addition to all other fees.
(b) The fee shall be deposited in the general fund of the
county to be used for:
(1) the continuing education of the judge and staff of
the probate courts, including the payment of travel and related
expenses in attending a continuing judicial education activity of
an organization accredited by the supreme court for continuing
judicial education; or
(2) the contribution of the county to fund the
compensation required by Chapter 781, Acts of the 68th Legislature,
Regular Session, 1983 (Article 1969b, Vernon's Texas Civil
Statutes), for the presiding judge of the statutory probate courts.
(c) If the fee produces more revenue than required for the
purposes provided by Subsection (b), the commissioners court by
order shall reduce the fee to an amount that will not produce more
revenue than required.
(d) A judge may not expend funds for continuing education
without the approval of the commissioners court of the county. The
judge of the court shall supply the commissioners court with an
itemized receipt for those expenses.
(e) The county auditor shall audit the fees collected in the
same manner as other fees collected by the clerk.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.0645. RECORDS MANAGEMENT AND PRESERVATION
FEE--PROBATE CASES. (a) The fee for "Records Management and
Preservation" under Section 118.052 is for the records management
and preservation services performed by the county as required by
Chapter 203.
(b) The fee shall be assessed as cost and must be paid at the
time of filing any probate case or adverse probate action.
(c) The fee shall be placed in a special fund entitled
records management and preservation fund.
(d) The fee shall be used only for records management and
preservation purposes in the county as required by Chapter 203. No
expenditure may be made from this fund without prior approval of the
commissioners court.
Added by Acts 1993, 73rd Leg., ch. 675, § 3, eff. Sept. 1, 1993.
§ 118.065. FREE ACCESS TO RECORDS. (a) This
subchapter does not limit or deny any person full and free access to
any document referred to in this subchapter. A person is entitled
to read, examine, and copy from those documents or from any
microfilm or other photographic image of the documents.
(b) A person may, without paying any charge, exercise the
right provided by this section under the reasonable rules of the
county clerk at all reasonable times during the hours in which the
clerk's office is open to the public.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.066. PROHIBITED FEES. A county clerk is not
entitled to a fee for:
(1) the examination of a paper or record in the clerk's
office;
(2) filing any process or document the clerk issues
that is returned to court;
(3) a motion or judgment on a motion for security for
costs; or
(4) taking or approving a bond for costs.
Added by Acts 1993, 73rd Leg., ch. 268, § 32, eff. Sept. 1, 1993.
SUBCHAPTER D. FEES OF COUNTY JUDGE
§ 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
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1080, § 8, eff. Sept. 1, 1989.
SUBCHAPTER E. FEES OF JUSTICE OF THE PEACE
§ 118.121. FEE SCHEDULE. A justice of the peace shall
collect the following fees for services rendered to any person:
(1) Services rendered before judgment (§ 118.122):
(A) Justice court $15.00
(B) Small claims court $10.00
(2) Services rendered after judgment (§ 118.123):
(A) Transcript $10.00
(B) Abstract of judgment $ 5.00
(C) Execution, order of sale, writ of
restitution, or other writ or process$5.00 per page
Certified copy of court papers . . $2.00 for
first page
$0.25 for each additional page
Issuing other document (no return
required$1.00 for first page
$0.25 for each additional page
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 19(a), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 1080, § 9, eff. Sept. 1, 1989; Acts 1997,
75th Leg., ch. 977, § 1, eff. Sept. 1, 1997.
§ 118.122. FEES BEFORE ENTRY OF JUDGMENT. (a) The fee
for "Services rendered before judgment" under Section 118.121(1) is
for all required filings of documents and all other processes and
procedures in a civil matter in a justice court or small claims
court.
(b) The fee is paid by the plaintiff or the party initiating
the action, cross action, third party action, or intervention at
the time the applicable action is initiated. The fee is paid only
one time for each of those actions.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 19(a), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 1080, § 9, eff. Sept. 1, 1989.
§ 118.123. FEES AFTER ENTRY OF JUDGMENT. (a) The fee
for "Services rendered after judgment" under Section 118.121(2)
applies to a civil matter in a justice court or small claims court.
(b) The fee for a "Transcript" under Section 118.121(2) is
for making and certifying a transcript of the entries on a docket
and, in the case of an appeal or certiorari, for filing the
transcript with the original papers of the case in the proper court.
(c) The fee for an "Abstract of judgment" under Section
118.121(2) is for issuing an abstract of judgment.
(d) The fee for an "Execution, order of sale, writ of
restitution, or other writ or process" under Section 118.121(2) is
for issuing and recording the return on any of those documents. The
fee applies only to a writ or process for the issuance of which
another fee is not provided by this subchapter.
(e) The fee for "Issuing other document (no return
required)" under Section 118.121(2) is for issuing a certificate,
notice, statement, or any other document, except for a certified
copy of court papers, that a justice of the peace is authorized or
required to issue on which a return is not to be recorded. The fee
must be paid at the time the order is placed.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 19(a), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 1080, § 9, eff. Sept. 1, 1989; Acts 1995,
74th Leg., ch. 76, § 5.95(99), eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 977, § 2, eff. Sept. 1, 1997.
§ 118.1235. FEE FOR CERTIFIED COPY. The fee for
"Certified copy of court papers" under Section 118.121(2) is for
issuing a certified copy of a paper filed in a justice court or a
small claims court. The fee must be paid at the time the order is
placed.
Added by Acts 1997, 75th Leg., ch. 977, § 3, eff. Sept. 1, 1997.
§ 118.124. PROHIBITED FEES. A justice of the peace is
not entitled to a fee for:
(1) the examination of a paper or record in the
justice's office;
(2) filing any process or document the justice issues
that is returned to court;
(3) a motion or judgment on a motion for security for
costs; or
(4) taking or approving a bond for costs.
Added by Acts 1993, 73rd Leg., ch. 268, § 33, eff. Sept. 1, 1993.
SUBCHAPTER F. FEES OF SHERIFF AND CONSTABLE
§ 118.131. FEES SET BY COMMISSIONERS COURT. (a) The
commissioners court of a county may set reasonable fees to be
charged for services by the offices of the sheriff and constables.
(b) The commissioners court may not set fees higher than is
necessary to pay the expenses of providing the services.
(c) The commissioners court may not set fees under this
section more than once during any one-year period.
(d) The commissioners court must set the fees before October
1 of each year to be effective January 1 of the following year.
(e) A notice setting out the fees shall be posted in the same
manner in which notices are posted under Section 81.007 and shall be
posted in the offices of the county officials who are authorized to
charge the fees.
(f) On or before October 15 of the year in which the fees are
initially set, the commissioners court shall provide written notice
of the amounts of the fees to the comptroller. If the commissioners
court changes the amount of a fee set under this section, the
commissioners court shall provide to the comptroller, on or before
October 15 of the year in which the amount is changed, a written
notice of the change in the amount of the fee. Before December 15 of
each year, the comptroller shall compile the fee information
provided by counties and send the compilation to:
(1) the commissioners court of each county in this
state;
(2) any statewide association of counties or of
officers of counties that requests in writing before December 15 to
be informed; and
(3) the State Bar of Texas.
(g) A commissioners court that receives a notice under
Subsection (f)(1) shall furnish the notice to its district clerk,
county clerk, justices of the peace, sheriff, and constables.
(h) If the commissioners court does not set fees under this
section, the fees for services by the offices of the sheriff and
constables are those fees provided by law in effect on August 31,
1981.
(i) The commissioners court may not assess an applicant a
fee in connection with the filing, serving, or entering of a
protective order. A fee may not be charged to an applicant to
dismiss, modify, or withdraw a protective order.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 21(a), eff. Aug. 28, 1989; Acts
1993, 73rd Leg., ch. 326, § 1, eff. May 29, 1993; Acts 1995, 74th
Leg., ch. 144, § 1, eff. Aug. 28, 1995; Acts 1995, 74th Leg., ch.
1024, § 19, eff. Sept. 1, 1995.
§ 118.132. SERVICE OF PROCESS FOR APPELLATE COURT. A
sheriff shall collect the same fee for service of process issued by
the supreme court or a court of appeals as the fee provided for
service of process issued by a district court.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.133. SHERIFF'S RESPONSE TO FALSE ALARM IN POPULOUS
COUNTY. (a) The commissioners court of a county with a population
of more than 3.3 million by order may adopt a system by which the
county charges a fee if the sheriff's office of the county responds
to a security alarm and the emergency for which the alarm device was
designed to give notice does not exist.
(b) The fee shall be charged to a person exercising control
of the property on which the alarm device is installed.
(c) The commissioners court shall set the amount of the fee.
The court may set a single fee that is charged for each response to a
false alarm or may establish a fee structure under which different
fees are charged according to the differing circumstances of each
false alarm. However, the amount of a fee may not exceed the amount
of the actual costs incurred by the sheriff's office in responding
to the alarm.
(d) Fees collected under this Act shall be deposited in the
county treasury to the credit of the general fund of the county.
Added by Acts 1989, 71st Leg., ch. 1, § 22(a), eff. Aug. 28,
1989. Amended by Acts 2001, 77th Leg., ch. 669, § 53, 54, eff.
Sept. 1, 2001.
§ 118.134. PAYMENT OF COSTS INCURRED FOR CARE OF CERTAIN
PROPERTY. (a) A sheriff or constable may keep possession of
property legally acquired until the party seeking to replevy the
property pays the officer's costs incurred for the storage,
security, or management of the property.
(b) Subsection (a) of this section does not apply to costs
incurred on property seized in conjunction with an offense alleged
under the Penal Code, Code of Criminal Procedure, or Title 116,
Vernon's Texas Civil Statutes, when the owner of the property is
subsequently found to be not guilty of an offense or other
proscribed activity described in those statutes, or if other
charges whether criminal or civil are dropped.
Added by Acts 1991, 72nd Leg., ch. 749, § 1, eff. Aug. 26, 1991.
SUBCHAPTER G. FEES OF COUNTY TREASURER
§ 118.141. FEE SCHEDULE. (a) The county treasurer, or
another officer who receives revenue in place of the county
treasurer, may collect the following fees for services rendered to
any person:
(1) Returned check (§ 118.142)not less than $15.00
or more
than $30.00
(2) copy of check or other record (§ 118.144)$ 1.00
(b) The county treasurer or another officer who receives
revenue in place of the county treasurer may collect, from a person
to whom the county issues a check, a fee for a stop-payment order as
described by Section 118.143:
(1) in an amount equal to the stop-payment fee charged
to the county by the county depositary bank; or
(2) in an amount not to exceed $20.00.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1987, 70th Leg., 2nd C.S., ch. 30, § 1, eff. Oct. 20,
1987; Acts 1995, 74th Leg., ch. 340, § 1, eff. Sept. 1, 1995.
§ 118.142. RETURNED CHECK. The fee for "Returned check"
under Section 118.141 is for a check that is presented to a county
in payment of any service, fee, claim, registration, fine, or other
cost of the county and is returned by the depository bank or another
bank for any reason considered to be the fault of the drawer,
including:
(1) insufficient funds to cover the check;
(2) closed account;
(3) unauthorized signature; or
(4) drawn on uncollected funds.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.143. STOP-PAYMENT ORDER. The fee for a
"Stop-payment order" under Section 118.141 is for placement of a
stop-payment order on a check issued by a county for which the
county will be directly or indirectly charged by the depository
bank or another bank.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.144. COPY OF CHECK OR OTHER RECORD. The fee for
"Copy of check or other record" under Section 118.141 is for each
copy made of a page or part of a page of records, orders, checks, or
other papers on file or of record in the treasurer's office. The
fee applies to both certified and uncertified copies.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 118.145. DISPOSITION OF FEES COLLECTED. The fees
collected under this subchapter shall be deposited in the general
fund of the county to the credit of the county treasurer fees of
office account.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER H. FEES OF COUNTY SURVEYOR
§ 118.161. FEE SCHEDULE. A county surveyor shall
collect the following fees:
(1) for recording the field notes and plat of a survey
for a tract of land, providing copies of field notes, plats, or
other papers or records, and certifying any copies, the same amount
collected by the county clerk of the county as a filing fee;
(2) for surveying a tract of land or designating a
homestead:
(A) the actual expenses incurred, including all
expenses of making the survey, preparing a survey report, field
notes, plat, and other documents required by law, and filing those
documents in the records of the county surveyor or the General Land
Office; and
(B) any fees for surveying services agreed on by
the county surveyor and the person seeking the services; and
(3) for filing an application to purchase or lease a
vacancy or for surveying a vacancy, the amounts provided by
Subchapter E, Chapter 51, Natural Resources Code.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 991, § 2, eff. Sept. 1, 1993.
SUBCHAPTER I. FEES OF COUNTY TAX ASSESSOR-COLLECTOR
§ 118.171. RETURNED CHECK. The county tax
assessor-collector has the same authority to set and collect a fee
for a check returned to the tax assessor-collector that the county
clerk has under Sections 118.011 and 118.0215.
Added by Acts 1989, 71st Leg., ch. 1, § 18(d), eff. Aug. 28,
1989.
SUBCHAPTER Y. PENALTIES
§ 118.801. OVERCHARGING OF FEES; PENALTY. (a) An
officer named in this chapter who, in bad faith, demands and
receives a higher fee than authorized under this chapter or a fee
that is not authorized under this chapter is liable to the aggrieved
person for four times the amount unlawfully demanded and received.
(b) An officer who, in good faith, demands and receives a
higher fee than authorized or a fee not authorized under this
chapter is liable to the aggrieved person for the difference
between the amount demanded and received and the amount of the fee
authorized under this chapter.
(c) The demand for and receipt of a fee authorized by the
legislature that is later determined by a court of competent
jurisdiction to be unlawful is considered to be a good faith action
by the officer.
(d) In this section, "bad faith" includes a demand that an
officer makes with the knowledge that a fee is not authorized by
law.
(e) The provisions of this section shall not affect the
right of any party to recover attorney's fees, interest, or costs of
court as provided by other law.
Added by Acts 1993, 73rd Leg., ch. 268, § 34, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 142, § 1, eff. Sept. 1,
1995.
