reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter E. Fees of Justice of the Peace › Section 118.121. Fee Schedule

Sec. 118.121.  FEE SCHEDULE.  A justice of the peace shall collect the following fees for services rendered after judgment (Sec. 118.123):
(1)  Transcript$10.00(2)  Abstract of judgment$5.00(3)  Execution, order of sale, writ of restitution, or other writ or process$5.00 per pageCertified copy of court papers$2.00 forfirst page$0.25 for each additional page
Issuing other document
(no return required)$1.00 forfirst page$0.25 for each additional page
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 19(a), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1080, Sec. 9, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 977, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 552 (S.B. 1412), Sec. 2, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 3.08, eff. January 1, 2022.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter E. Fees of Justice of the Peace › Section 118.123. Fees After Entry of Judgment

Sec. 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, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 19(a), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1080, Sec. 9, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(99), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 977, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter E. Fees of Justice of the Peace › Section 118.1235. Fee for Certified Copy

Sec. 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, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter E. Fees of Justice of the Peace › Section 118.124. Prohibited Fees

Sec. 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;
(4)  taking or approving a bond for costs; or
(5)  the first copy of a document in a criminal case issued to:
(A)  a criminal defendant in the case;
(B)  an attorney representing a criminal defendant in the case; or
(C)  a prosecuting attorney.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 33, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 205 (S.B. 409), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter F. Fees of Sheriff and Constable › Section 118.131. Fees Set by Commissioners Court

Sec. 118.131.  FEES SET BY COMMISSIONERS COURT.  (a)  The commissioners court of a county may set reasonable fees to be charged for service of process, including service of writs, 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 for the preceding fiscal year.
(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, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 21(a), eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 326, Sec. 1, eff. May 29, 1993;  Acts 1995, 74th Leg., ch. 144, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 1024, Sec. 19, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 92 (H.B. 145), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 18, eff. January 1, 2024.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter F. Fees of Sheriff and Constable › Section 118.132. Service of Process for Appellate Court

Sec. 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, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter F. Fees of Sheriff and Constable › Section 118.133. Sheriff's and Constable's Response to False Alarm in Populous County

Sec. 118.133.  SHERIFF'S AND CONSTABLE'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 or constable'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 or constable'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, Sec. 22(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 53, 54, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1296 (H.B. 2626), Sec. 1, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch. 1296 (H.B. 2626), Sec. 2, eff. June 18, 2005.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter F. Fees of Sheriff and Constable › Section 118.134. Payment of Costs Incurred for Care of Certain Property

Sec. 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, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter G. Fees of County Treasurer › Section 118.141. Fee Schedule

Sec. 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 (Sec. 118.142)not less than $15.00
or more
than $30.00
(2)  copy of check or other record (Sec. 118.144)$ 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, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 30, Sec. 1, eff. Oct. 20, 1987;  Acts 1995, 74th Leg., ch. 340, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter G. Fees of County Treasurer › Section 118.142. Returned Check

Sec. 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, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter G. Fees of County Treasurer › Section 118.143. Stop-Payment Order

Sec. 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, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter G. Fees of County Treasurer › Section 118.144. Copy of Check or Other Record

Sec. 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, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter G. Fees of County Treasurer › Section 118.145. Disposition of Fees Collected

Sec. 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, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter H. Fees of County Surveyor › Section 118.161. Fee Schedule

Sec. 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, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 991, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter I. Fees of County Tax Assessor-Collector › Section 118.171. Returned Check

Sec. 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, Sec. 18(d), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter Y. Penalties › Section 118.801. Overcharging of Fees; Penalty

Sec. 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, Sec. 34, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 142, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.001. Definitions

Sec. 119.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of trustees of the county government risk management pool.
(2)  "Fund" means the county government risk management fund.
(3)  "Plan" means the plan of operation of the county government risk management pool.
(4)  "Pool" means the County Government Risk Management Pool created under this chapter.
(5)  "Volunteer fire department" means a fire department that is operated on a not-for-profit basis.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 1056, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.002. Creation of Risk Management Pool

Sec. 119.002.  CREATION OF RISK MANAGEMENT POOL.  (a)  On the adoption of a resolution by the commissioners courts of at least 10 counties in this state, the County Government Risk Management Pool is created to insure each county in this state that purchases coverage in the pool against liability for the acts or omissions of that county and the officials and employees of that county under the law.
(b)  Any county in this state that meets the criteria established by the pool in its plan of operation may purchase coverage from the pool.  The county may use county funds to pay any fees, contributions, or premiums required to be a part of the pool and to obtain coverage through the pool.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 561, Sec. 4, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.003. Organization of Pool; Temporary Board

Sec. 119.003.  ORGANIZATION OF POOL;  TEMPORARY BOARD.  On the creation of the pool, each commissioners court adopting a resolution to create the pool shall select one representative to meet with the representatives of the other counties adopting creation resolutions.  At the meeting, the representatives shall adopt guidelines for developing an organizational plan for the pool and shall select nine persons from their number to serve as a temporary board of trustees for the pool.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.004. Plan of Operation

Sec. 119.004.  PLAN OF OPERATION.  (a)  Within 30 days after the date the temporary board is selected, the members of the temporary board shall meet and begin to prepare a detailed plan of operation for the pool.  The plan may include any matters relating to the organization and operation of the pool and its finances but must include:
(1)  the organizational structure of the pool, including the number, method of selection, and method of procedure and operation of the regular board of trustees for the pool;
(2)  a summary of the method for managing and operating the pool;
(3)  a description of the fees, contributions, or financial arrangements necessary to cover the initial expenses of the pool, with estimates supported by statistical data of the amounts of those fees, contributions, or other financial arrangements;
(4)  underwriting standards and procedures for the evaluation of risks, which must provide that any county that applies shall be provided coverage for an initial period of at least one year, regardless of that county's loss history;
(5)  procedures for the purchase of reinsurance;
(6)  procedures for the processing and payment of claims;
(7)  methods, procedures, and guidelines for:
(A)  the establishment of premium rates;
(B)  the limits of coverage available through the pool;  and
(C)  the management and investment of the county government risk management fund;  and
(8)  methods and procedures for defraying losses and expenses of the pool.
(b)  The temporary board shall complete the plan within 90 days after the date the temporary board is appointed.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.005. Board of Trustees

Sec. 119.005.  BOARD OF TRUSTEES.  (a)  The board of trustees shall govern, administer, and operate the pool and the fund.
(b)  Within 15 days after the date the plan is completed by the temporary board, the initial regular board must be selected and take office as provided by the plan.  A person serving on the board who is a county officer or employee performs board duties as additional duties of the person's original office or employment.  A member or employee of the board is not liable with respect to any claims for which coverage is provided by the pool or brought against any county covered by the pool.
(c)  Each member and each employee of the board who has authority over money in the fund or over money collected or invested by the pool must execute a bond in an amount determined by the board, payable to the pool, and conditioned that the person will faithfully perform the person's duties.  The cost of the bond shall be paid by the pool.
(d)  The board shall determine premium rates and coverage limits to ensure that the pool and the fund are actuarially sound.
(e)  The board may purchase reinsurance for any risks covered by the pool.
(f)  The board may employ a fund manager and other persons necessary to carry out this chapter and the plan.  The board may employ or contract with insurance carriers or other persons for underwriting, accounting, claims, and other services.
(g)  The board may adopt any rules, exercise any powers, and enter into any contracts necessary to carry out this chapter and the plan.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.006. Risk Management Fund

Sec. 119.006.  RISK MANAGEMENT FUND.  (a)  On taking office, the initial regular board shall create the county government risk management fund.
(b)  The board shall credit to the fund:
(1)  fees, contributions, and premiums collected by the pool;
(2)  investments of money in the fund;
(3)  interest earned on investments made by the pool;  and
(4)  any other income received by the pool from any sources.
(c)  The board shall manage and invest the money in the fund in the manner provided by the plan.  The money in the fund shall be used to pay liability claims and judgments against participating counties up to the limits of the coverage provided by the pool.  Money in the fund also may be used to pay the administrative and management costs of the pool and the fund up to the limits provided by the plan.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.007. Certain Requirements for Initial Coverage; Surcharge

Sec. 119.007.  CERTAIN REQUIREMENTS FOR INITIAL COVERAGE;  SURCHARGE.  (a)  To obtain coverage during the initial coverage period, the standards included in the plan may require a county to participate in a risk management appraisal and to adhere to the recommendations made in the appraisal.  If the recommended risk management techniques do not sufficiently reduce losses to meet the pool's underwriting criteria within the initial coverage period, the county may be denied subsequent coverage by the pool.
(b)  A surcharge may be applied to any risk covered during the initial period if the risk does not meet the basic underwriting criteria established by the board.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.008. Not Insurance; Board of Insurance Lacks Jurisdiction

Sec. 119.008.  NOT INSURANCE;  BOARD OF INSURANCE LACKS JURISDICTION.  (a)  The pool created under this chapter is not insurance for purposes of the Insurance Code and other laws of this state.
(b)  The State Board of Insurance has no jurisdiction over the pool or over any other governmental insurance pool created under The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.009. Participation by Other Political Subdivisions

Sec. 119.009.  PARTICIPATION BY OTHER POLITICAL SUBDIVISIONS.  (a)  A political subdivision other than a county may participate in the County Government Risk Management Pool established under this chapter.
(b)  A political subdivision participating in the pool under this section is entitled to the same coverage provided to a county and may participate under the same terms and conditions as a county.
Added by Acts 1993, 73rd Leg., ch. 561, Sec. 5, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.010. Certain Coverage Authorized; District Judges

Sec. 119.010.  CERTAIN COVERAGE AUTHORIZED;  DISTRICT JUDGES.  The pool may provide coverage against liability for the acts or omissions of a district judge whose judicial district is located, in whole or in part, within the geographic boundaries of a county participating in the pool that arise in the course and scope of the judge's official duties as a judge.  A county participating in the pool, a district judge from personal funds, or both the county and the judge, may pay the additional cost of this coverage.
Added by Acts 1995, 74th Leg., ch. 1056, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.011. Certain Coverage Authorized; Volunteer Fire Departments

Sec. 119.011.  CERTAIN COVERAGE AUTHORIZED;  VOLUNTEER FIRE DEPARTMENTS.  The pool may provide coverage against liability for the acts or omissions of:
(1)  a volunteer fire department that contracts with a county participating in the pool for the provision of fire protection or fire-fighting equipment under Subchapter A, Chapter 352;
(2)  a volunteer for a fire department described by Subdivision (1), to the extent the acts or omissions arise in the course and scope of the volunteer's activities as a volunteer for the fire department;  and
(3)  a person described by Section 352.004(b).
Added by Acts 1995, 74th Leg., ch. 1056, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.012. Notice of Cancellation or Change of Coverage

Sec. 119.012.  NOTICE OF CANCELLATION OR CHANGE OF COVERAGE.  (a)  Except as provided by Subsection (b), cancellation of coverage for liability provided through the pool under this chapter other than cancellation for nonpayment of contribution, or any change to the terms or conditions of the coverage, may not take effect before the 60th day after the earlier of the date that written notice of the change is:
(1)  delivered to the county judge or presiding officer of the governing body of each affected county or other political subdivision;  or
(2)  mailed, by certified mail, to the county judge or presiding officer of the governing body of each affected county or other political subdivision.
(b)  Notice is not required for cancellation or a change to the terms or conditions of the coverage made:
(1)  at the request of the affected county or other political subdivision;  or
(2)  by mutual agreement of the governing body, or authorized agent, of the affected county or other political subdivision and the pool if:
(A)  the mutual agreement is evidenced by a writing;  and
(B)  not later than the 72nd hour before the governing body takes formal action with respect to the agreement, the writing described by Paragraph (A) is provided, electronically or by certified mail, to the county judge or presiding officer of the governing body of the political subdivision.
(c)  The notice must be printed in at least 12-point bold-faced type and must specify the reasons for the cancellation or change.
(d)  In the case of cancellation of the coverage, the notice must state that, on request of the affected county or other political subdivision, the pool shall refund to the county or political subdivision the pro rata unearned paid contribution of the county or political subdivision.  This subsection does not apply if the refund is paid at the time the notice is made.
Added by Acts 1997, 75th Leg., ch. 1419, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.013. Qualifications of Administrator

Sec. 119.013.  QUALIFICATIONS OF ADMINISTRATOR.  The individual responsible for administration of the pool, whether employed by the pool or any other entity:
(1)  must hold at least a bachelor's degree in a field relating to insurance, finance, business management, or law or hold the professional designation of:
(A)  Chartered Property Casualty Underwriter granted by the American Institute for Property and Liability Underwriters;
(B)  Certified Insurance Counselor granted by the Society of Certified Insurance Counselors;  or
(C)  Associate in Risk Management granted by the Insurance Institute of America;
(2)  must have at least five years experience in administration of risk pools, commercial insurance production or management, or risk management;  and
(3)  during each calendar year, shall participate in a minimum of 20 hours of continuing education that:
(A)  is acceptable to the board;  and
(B)  relates to the types of coverage provided by the pool, risk management, or administration of risk pools.
Added by Acts 1997, 75th Leg., ch. 1419, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 119 - County Government Liability Insurance Pool › Section 119.014. Application Requirements

Sec. 119.014.  APPLICATION REQUIREMENTS.  The requirements of Section 119.012 shall apply to cancellation of, or any change to the terms or conditions of, a contractual obligation to indemnify for liability for the acts or omissions of a county or its officers and employees provided to any county through any intergovernmental risk-sharing pool or insurance coverage.
Added by Acts 1997, 75th Leg., ch. 1419, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 120 - Election for Reduction of Funding or Resources for Certain Primary Law Enforcement Agencies › Section 120.001. Applicability

Sec. 120.001.  APPLICABILITY.  This chapter applies only to a county with a population of more than 1.2 million.
Added by Acts 2021, 87th Leg., R.S., Ch. 201 (S.B. 23), Sec. 1, eff. January 1, 2022.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 130, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 120 - Election for Reduction of Funding or Resources for Certain Primary Law Enforcement Agencies › Section 120.002. Election Required

Sec. 120.002.  ELECTION REQUIRED.  (a)  Except as provided by Section 120.003, a county shall hold an election in accordance with this chapter if the county adopts a budget for a fiscal year that, compared to the budget adopted by the county for the preceding fiscal year:
(1)  reduces for a law enforcement agency, excluding a 9-1-1 call center, with primary responsibility for policing, criminal investigation, and answering calls for service:
(A)  for a fiscal year in which the overall amount of the budget is equal to or greater than the amount for the preceding fiscal year, the appropriation to the agency;
(B)  for a fiscal year in which the overall amount of the budget is less than the amount for the preceding fiscal year, the appropriation to the agency as a percentage of the total budget;
(C)  as applicable:
(i)  if the county has not declined in population since the preceding fiscal year, the number of peace officer positions, excluding detention officer positions; or
(ii)  if the county has declined in population since the preceding fiscal year, the number of peace officer positions, excluding detention officer positions, the law enforcement agency is authorized to employ per 1,000 county residents; or
(D)  the amount of funding per peace officer for the recruitment and training of new peace officers to fill vacant and new peace officer positions in the agency; or
(2)  reallocates funding or resources to another law enforcement agency.
(b)  A county may not implement a proposed reduction or reallocation described by Subsection (a) until the county receives voter approval for the proposed reduction or reallocation at an election held for that purpose.  The county may, at any time, order the election to be held on the 30th day after the date the county orders the election.  Section 41.001, Election Code, does not apply to an election under this subsection.
(c)  For purposes of this section, a county budget does not include:
(1)  a one-time extraordinary expense, as determined by the comptroller, that is outside the normal costs of operating a law enforcement agency, including purchasing a fleet of law enforcement vehicles or constructing an additional training academy;
(2)  revenues used to repay voter-approved bonded indebtedness incurred for a law enforcement purpose;
(3)  detention officer compensation; or
(4)  a donation or state or federal grant to the county's law enforcement agency.
Added by Acts 2021, 87th Leg., R.S., Ch. 201 (S.B. 23), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 120 - Election for Reduction of Funding or Resources for Certain Primary Law Enforcement Agencies › Section 120.003. Disaster Exception

Sec. 120.003.  DISASTER EXCEPTION.  Section 120.002 does not apply to a county budget adopted for a fiscal year in which, or the two fiscal years following the fiscal year in which, a significant budget reduction from the preceding fiscal year was caused by a disaster, including a tornado, hurricane, flood, wildfire, or other calamity, but not including a drought, epidemic, or pandemic, in an area of the county that was the subject of a disaster declaration by the governor under Chapter 418, Government Code, or by the president of the United States.
Added by Acts 2021, 87th Leg., R.S., Ch. 201 (S.B. 23), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 120 - Election for Reduction of Funding or Resources for Certain Primary Law Enforcement Agencies › Section 120.004. Ballot Proposition Requirements

Sec. 120.004.  BALLOT PROPOSITION REQUIREMENTS.  A county holding an election under this chapter shall ensure that the ballot proposition for the election includes, as applicable:
(1)  a detailed explanation of each proposed reduction;
(2)  the amount of each proposed reduction;
(3)  the recipient of reallocated funding or resources;
(4)  the impact on the local tax rate, if any; and
(5)  the expected length of time that the proposed reduction or reallocation will remain in effect.
Added by Acts 2021, 87th Leg., R.S., Ch. 201 (S.B. 23), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 120 - Election for Reduction of Funding or Resources for Certain Primary Law Enforcement Agencies › Section 120.005. Use of Public Money for Campaign Prohibited

Sec. 120.005.  USE OF PUBLIC MONEY FOR CAMPAIGN PROHIBITED.  A county holding an election under this chapter may not use public money on promotional campaigns or advocacy related to the proposed reduction or reallocation.  This section may not be construed to prevent a county official or employee from communicating factual information about a proposed budget or the reasoning behind a proposed budget to the voters in the county.
Added by Acts 2021, 87th Leg., R.S., Ch. 201 (S.B. 23), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 120 - Election for Reduction of Funding or Resources for Certain Primary Law Enforcement Agencies › Section 120.006. Complaint

Sec. 120.006.  COMPLAINT.  (a)  A person who believes that a county has implemented a proposed reduction or reallocation described by Section 120.002(a) without the required voter approval and who resides in the county may file a complaint with the criminal justice division of the office of the governor.
(b)  The criminal justice division of the office of the governor shall determine whether a complaint filed under Subsection (a) is potentially valid or frivolous or false.
(c)  The criminal justice division of the office of the governor shall provide written notice of a potentially valid complaint filed under Subsection (a) to the county that is the subject of the complaint.  The division shall provide the county an opportunity to correct the action that is the subject of the complaint before referring the complaint to the comptroller.
Added by Acts 2021, 87th Leg., R.S., Ch. 201 (S.B. 23), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 120 - Election for Reduction of Funding or Resources for Certain Primary Law Enforcement Agencies › Section 120.007. Comptroller Investigation; Tax Rate Limitation

Sec. 120.007.  COMPTROLLER INVESTIGATION; TAX RATE LIMITATION.  (a)  On request by the criminal justice division of the office of the governor, the comptroller shall determine whether a county has implemented a proposed reduction or reallocation described by Section 120.002(a) without the required voter approval.  The comptroller shall issue a written determination to the governor, lieutenant governor, speaker of the house of representatives, and governing body of the county.
(b)  The comptroller may require a county to submit information for the current or preceding fiscal year to assist the comptroller's investigation under this section.
(c)  Notwithstanding any other law, if the comptroller determines that a county implemented a proposed reduction or reallocation described by Section 120.002(a) without the required voter approval, the county may not adopt an ad valorem tax rate that exceeds the county's no-new-revenue tax rate until the earlier of:
(1)  the date the comptroller issues a written determination that the county has, as applicable:
(A)  reversed each funding reduction, adjusted for inflation, and personnel reduction that was a subject of the determination; or
(B)  restored all reallocated funding and resources that were subjects of the determination to the original law enforcement agency; or
(2)  the date on which each reduction and reallocation that was a subject of the determination has been approved in an election held in accordance with this chapter.
(d)  For purposes of making the calculation required under Section 26.013, Tax Code, in a tax year the comptroller determines that a county implemented a proposed reduction or reallocation described by Section 120.002(a) without the required voter approval, the difference between the actual tax rate and voter-approval tax rate is considered to be zero.
Added by Acts 2021, 87th Leg., R.S., Ch. 201 (S.B. 23), Sec. 1, eff. January 1, 2022.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter A. Payment of Fees and Taxes by Check, Credit Card, or Electronic Means › Section 130.001. Definitions

Sec. 130.001.  DEFINITIONS.  In this subchapter:
(1)  "Check" means an instrument signed by the maker, containing an unconditional promise or order to pay a sum certain in money, containing no other promise, order, obligation, or power given by the maker, payable on demand, and drawn on a bank.
(2)  "Credit card invoice" means the document authorized by the holder of a credit card to be used to provide payment of an amount from the holder's credit card account.
(3)  "Maker" means the drawer of a check or the holder of a credit card who authorizes a credit card invoice.
(4)  "Payment by electronic means" means payment by telephone or computer but does not include payment in person or by mail.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(3), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 737, Sec. 3, eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 148, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter A. Payment of Fees and Taxes by Check, Credit Card, or Electronic Means › Section 130.002. Acceptance of Check or Credit Card Payment of Certain Fees and Taxes

Sec. 130.002.  ACCEPTANCE OF CHECK OR CREDIT CARD PAYMENT OF CERTAIN FEES AND TAXES.  A county tax assessor-collector may accept a check or credit card invoice for the payment of:
(1)  motor vehicle registration fees under Chapter 502, Transportation Code;
(2)  motor vehicle sales taxes imposed by Chapter 152, Tax Code;
(3)  occupation taxes paid to the assessor-collector under Chapter 191, Tax Code;
(4)  motor vehicle title transfer fees under Chapter 501, Transportation Code;
(5)  license or permit fees under the Alcoholic Beverage Code;  and
(6)  property taxes.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(3), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 737, Sec. 3, eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 165, Sec. 30.215, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter A. Payment of Fees and Taxes by Check, Credit Card, or Electronic Means › Section 130.003. Payment Conditional

Sec. 130.003.  PAYMENT CONDITIONAL.  (a)  The acceptance of a check or credit card invoice for the payment of a fee or tax does not constitute payment of the fee or tax.  The fee or tax is not considered paid until the check is honored by the bank on which the check is drawn or the credit card invoice is honored by the issuer.
(b)  This section does not prohibit a county tax assessor-collector from issuing receipts, license plates, certificates, or other instruments on the receipt of a check or credit card invoice, but the issuance is conditional on the payment of the check by the drawee bank or the honoring of the credit card invoice by the credit card issuer.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(3), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 737, Sec. 3, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter A. Payment of Fees and Taxes by Check, Credit Card, or Electronic Means › Section 130.004. Identification Required

Sec. 130.004.  IDENTIFICATION REQUIRED.  When a county tax assessor-collector receives a check or credit card invoice as conditional payment of a fee or tax, the assessor-collector shall require adequate identification of the maker and note on the check or invoice or otherwise record the type of identification of the maker and information from the identification to assist in locating the maker in the event the check or invoice is not honored.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(3), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 737, Sec. 3, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter A. Payment of Fees and Taxes by Check, Credit Card, or Electronic Means › Section 130.0045. Credit Card Payment Processing Fee

Sec. 130.0045.  CREDIT CARD PAYMENT PROCESSING FEE.  (a)  If a county tax assessor-collector accepts a credit card invoice as conditional payment of a fee or tax, the assessor-collector may collect a fee for processing the invoice.
(b)  The assessor-collector shall set a fee collected under Subsection (a) in an amount that is reasonably related to the expense incurred in processing the credit card invoice, not to exceed five percent of the amount of the fee or tax.  The processing fee is in addition to the amount of the fee or tax, and may be paid conditionally by including the amount of the processing fee on the credit card invoice.
Added by Acts 1989, 71st Leg., ch. 737, Sec. 3, eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 529, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter A. Payment of Fees and Taxes by Check, Credit Card, or Electronic Means › Section 130.0046. Fee for Payment by Electronic Means

Sec. 130.0046.  FEE FOR PAYMENT BY ELECTRONIC MEANS.  A county tax assessor-collector that accepts payment by electronic means as conditional payment of a county or state fee or tax may collect a handling fee for processing the payment.  The handling fee is in addition to the amount of the fee or tax and may be paid conditionally by electronic means at the same time the tax or fee is paid.
Added by Acts 1997, 75th Leg., ch. 148, Sec. 3, eff. Sept. 1, 1997.