LIENS AND ABSTRACTS Breakout 2: County Clerks Parental ADOPTION Notication JUDGE’S DOCKET EXPUNCTION a Civil ABSTRACTS LIENS AND County Clerk Fees Brands Filing Minutes Case BOND FORFEITURE COURT Dockets CIVIL PROCESS DOCKET Records Management Grand Jury Petit Jury Writs JURY SELECTION VITAL STATISTICS Recording Fees FAMILY LAW CITATION OFFICIAL SEALING Case Processing Child Support JUVENILE LAW BONDS RECORDS Foreign Judgements BIRTH AND DEATH DEED RECORDS Seals LITIGATION REQUESTS CERTIFICATES RECORDS REGISTRY OF INMATE Dissolution of THE COURT PROBATE Capias Marriage FEES CRIMINAL PROCESS Bonds Warrants Marriage Licenses PASSPORTS ELECTIONS Writs of Tuesday, September 17, Execution JURY WHEEL Name 2019 1:30–3 p.m . Change 2019 County and District Hon. Janette K. Green Clerks’ Association of Palo Pinto County Clerk Texas Fall Education Hon. Nancy Rister Conference Williamson County Clerk Sept. 16-18, 2019 Sheraton, Georgetown This session will include discussion over county clerk fees including: vitals, recording, civil, probate, criminal misdemeanor and their relating statutes. We will also go over the fees that are changing as a result of activity by the 86th Legislature. 2019 CDCAT Fall Conference Binder Graphics 3.indd 6 8/26/19 2:09 PM
Hon. Janette Green, Palo Pinto County Clerk Hon. Janette Green is the county clerk in Palo Pinto County. Hon. Nancy Rister, Williamson County Clerk Hon. Nancy E. Rister took office in 1998. She is a member of the Georgetown Noon Lions, Property Records Industry Association, Urban Recorders Alliance, International Association of Government Officials and Judicial Committee on Information Technology. She has served on numerous committees within CDCAT including Scholarships and County Clerk Manual. She has been treasurer for Region 4 of CDCAT for nine years and serves as president of Urban Recorders Alliance. She also serves on the Williamson County Bail Bond Board. Rister has a bachelor’s in accounting and information systems from University of Texas at the Permian Basin. Since being elected, her office has won 20 years of the Five Star Awards from the State Bureau of Vital Statistics, with three being exemplary. Twice she has been nominated “Clerk of the Year.” She was awarded the 2002 Best Practices Achievement Award from the Texas Association of Counties. She and Milton have been married 36 years and have two daughters, two sons-in-law and two grandchildren.
Fees for Probates, Guardianships and Small Estates Fall Conference Georgetown, TX September 16-18, 2019 1 CLERK’S FEE LGC 118.052(2)(A)(i) Each clerk of a county court shall collect the following fees for services rendered to any person: 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 CLERK’S FEE LGC 118.052 (iii) Small estates . . . $40.00 2 1
RECORDS MANAGEMENT AND PRESERVATION FEE‐ PROBATE CASES LGC 118.0645 (a) The fee for "Records Management and Preservation" under Section 118.052 (3)(G) 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. 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. Reference: (118.052(3)(G))Records Mgmt & Preservation Fee . . . $ 5.00 3 Do NOT confuse the Records Management and Preservation fees for Official Public Records and Civil Cases. SB 658 keeps the Records Management fees for LGC 118.011(b)(2) at $10.00 for filing Public Records. Records Management fees for Civil falls under LGC 118.0645 which is $5.00 and was NOT subject to 83 rd HB 1513 or 86 th SB 658. 4 2
RECORDS ARCHIVE FEE LGC 118.025 *(CC Approved) Pg 1 (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. (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. The county clerk shall designate the public documents that are part of the records archive for purposes of this section. The designation of public documents by the county clerk under this subsection is subject to approval by the commissioners court in a public meeting during the budget process. 5 RECORDS ARCHIVE FEE LGC 118.025 *(CC Approved) Pg 2 (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) Before collecting the fee under this section, 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 . 6 3
RECORDS ARCHIVE FEE LGC 118.025 *(CC Approved) Pg 3 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. The hearing may be held during the budget process. After establishing the fee, the plan may be approved annually during the budget process. 7 RECORDS ARCHIVE FEE LGC 118.025 *(CC Approved) pg 4 (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 during the budget process. Reference LGC 118.011 LGC 118.011(f) The county clerk of a county shall , if the commissioners court of the county adopts the fee as part of the county's annual budget, collect the following fee from any person: (1)Records Archive Fee (Sec. 118.025) . . . . not more than $10 *Per SB 658, it will stay at $10.00 or less 8 4
TECHNOLOGY FUND (CLERKS TO COLLECT) LGC 118.052 (3)(H) (*#) Records Technology and Infrastructure Fee if authorized by the commissioners court of the county (Sec. 118.026) . . . $ 2.00 Sec. 118.026. FEE FOR COUNTY RECORDS TECHNOLOGY AND INFRASTRUCTURE IN CERTAIN COUNTIES. (a) The commissioners court of a county that borders the United Mexican States and the Gulf of Mexico may adopt a records technology and infrastructure fee as part of the county's annual budget. The fee must be set and itemized in the county's budget as part of the budget preparation process. (c) The fee shall be deposited in a separate records technology and infrastructure account in the general fund of the county. Any interest accrued remains with the account. (d) The funds generated from the collection of a fee under this section may be used only for technology and infrastructure for the maintenance of county records and the operation of the county records system. 9 TECHNOLOGY FUND (JUDGES TO COLLECT) LGC 118.102 Sec. 118.102. FEE FOR COUNTY RECORDS TECHNOLOGY AND INFRASTRUCTURE. If adopted by the commissioners court under Section 118.026, the County Judge shall collect the records technology and infrastructure fee at the time a person pays a fee for probate matters under Section 118.101(14) ...$2.00 Sec. 118.026. FEE FOR COUNTY RECORDS TECHNOLOGY AND INFRASTRUCTURE IN CERTAIN COUNTIES. (a) The commissioners court of a county that borders the United Mexican States and the Gulf of Mexico may adopt a records technology and infrastructure fee as part of the county's annual budget. The fee must be set and itemized in the county's budget as part of the budget preparation process. (d) The funds generated from the collection of a fee under this section may be used only for technology and infrastructure for the maintenance of county records and the operation of the county records system. 10 5
Recommend
More recommend
