reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.116. Selection of Depository

Sec. 117.116.  SELECTION OF DEPOSITORY.  At the time and place stated in the notice, the commissioners court shall select a special depository for the registry fund in accordance with the same provisions as those prescribed by Section 116.024 for the selection of a county depository.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.117. Qualification as Depository

Sec. 117.117.  QUALIFICATION AS DEPOSITORY.  A bank selected as a special depository for the registry fund must qualify as the depository in accordance with the same provisions as those prescribed by Subchapter C, Chapter 116, for the qualification as a county depository.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.118. Application of County Depository Law

Sec. 117.118.  APPLICATION OF COUNTY DEPOSITORY LAW.  Matters regarding special depositories for the registry fund are subject to the same provisions as those prescribed by Chapter 116 regarding county depositories, including Sections 116.026 and 116.028.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 752, Sec. 1, eff. Aug. 26, 1991.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1043 (S.B. 158), Sec. 5, eff. June 18, 2023.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.119. Deposit of Funds

Sec. 117.119.  DEPOSIT OF FUNDS.  Money paid into the registry of the court shall be deposited by a clerk into the registry fund at the special depository.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 752, Sec. 1, eff. Aug. 26, 1991;  Acts 1999, 76th Leg., ch. 196, Sec. 2, eff. Aug. 30, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.120. Custodianship

Sec. 117.120.  CUSTODIANSHIP.  A clerk shall act only in a custodial capacity regarding the registry fund, is not considered to be a trustee for the beneficial owner, and is not considered to have assumed the duties, obligations, or liabilities of a trustee for the beneficial owner.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 196, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.121. Disbursement of Funds

Sec. 117.121.  DISBURSEMENT OF FUNDS.  (a)  Money may be paid from the registry fund only on checks or drafts signed by a clerk on the written order of the court with proper jurisdiction, except that the clerk may make a payment without court order for unpaid court costs from a cash bond deposited in connection with an appeal after the appellate court issues its mandate in the appeal if the costs remain unpaid for 45 days after the mandate is issued.
(b)  All checks or drafts issued for the disbursement of the registry fund must be submitted to the county auditor for the auditor's countersignature before delivery or payment.  The county auditor may countersign the checks only on written evidence of the order of the judge of the court in which the funds have been deposited, authorizing the disbursement of the funds.
(c)  Notwithstanding Subsections (a) and (b), a disbursement under an order of a court in which registry funds have been deposited may be made by electronic transfer if:
(1)  the designated recipient of the money submits to a clerk a written request for the transfer;
(2)  the clerk gives written approval for the transfer;  and
(3)  a county auditor countersigns the approval.
(d)  A clerk may charge a reasonable fee, subject to the approval of the recipient of the money, for an electronic transfer of a disbursement from a registry fund.
Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.  Renumbered from Sec. 117.122 by Acts 1991, 72nd Leg., ch. 752, Sec. 2, eff. Aug. 26, 1991;  Acts 1997, 75th Leg., ch. 505, Sec. 21, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 196, Sec. 4, eff. Aug. 30, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.122. Interest

Sec. 117.122.  INTEREST.  (a)  The interest derived from money on deposit in the registry fund shall be paid as earned as follows:
(1)  a sum equal to 10 percent of the interest shall be paid into the general fund of the county to reimburse the county for the expenses of maintaining the registry fund;  and
(2)  the remaining 90 percent of the interest shall be credited to the registry fund.
(b)  For each withdrawal, a clerk shall pay out the original amount deposited in the registry of the court and 90 percent of the interest earned on that amount at the time and in the manner directed by the court with proper jurisdiction.
Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.  Renumbered from Sec. 117.123 and amended by Acts 1991, 72nd Leg., ch. 752, Sec. 3, eff. Aug. 26, 1991.  Amended by Acts 1999, 76th Leg., ch. 196, Sec. 5, eff. Aug. 30, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.123. Audit

Sec. 117.123.  AUDIT.  (a)  The registry funds shall be audited at the end of each county fiscal year by the county auditor or by an independent certified public accountant or a firm of independent certified public accountants of recognized integrity and ability selected by the commissioners court.
(b)  A written report of the audit shall be delivered to the county judge, each county commissioner, and a clerk not later than the 180th day after the last day of the fiscal year.  A copy of the audit shall be kept at the clerk's office and shall be open to inspection by any interested person during normal office hours.  The cost of the audit shall be paid by the county.
Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.  Renumbered from Sec. 117.124 and amended by Acts 1991, 72nd Leg., ch. 752, Sec. 4, eff. Aug. 26, 1991.  Amended by Acts 1999, 76th Leg., ch. 196, Sec. 6, eff. Aug. 30, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 411 (S.B. 356), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.124. Liability of Clerk

Sec. 117.124.  LIABILITY OF CLERK.  (a)  A clerk is not responsible for:
(1)  a loss of funds resulting from the failure or negligence of a depository;  or
(2)  the safety of funds after deposit in a depository selected under this subchapter.
(b)  A clerk is responsible for:
(1)  a loss of funds resulting from the clerk's official misconduct, negligence, or misappropriation of the funds;  and
(2)  the safety of funds before deposit in a depository selected under this subchapter.
Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.  Renumbered from Sec. 117.126 and amended by Acts 1991, 72nd Leg., ch. 752, Sec. 5, eff. Aug. 26, 1991.  Amended by Acts 1999, 76th Leg., ch. 196, Sec. 7, eff. Aug. 30, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.125. Transfer of Money

Sec. 117.125.  TRANSFER OF MONEY.  (a)  In the absence of a contrary order from a court having jurisdiction over the registry fund, a clerk may transfer money deposited in the fund into a separate account.
(b)  A clerk shall transfer all money deposited in a registry fund under Chapter 1355, Estates Code, into a separate account.
(c)  Money transferred into a separate account under this section must be:
(1)  transferred into an account authorized for investment under Chapter 2256, Government Code, by a local government or investment pool;  and
(2)  invested according to the investment officer designated under Section 2256.005, Government Code, by the investing entity of which the county is a member.
(d)  A transfer of money into a separate account under this section is exempt from the requirements prescribed by Section 117.121 for disbursements from registry funds.
(e)  An investment of money transferred from a registry fund under this section is subject to the limitations, policies, and standards of care provided by Chapter 2256, Government Code.
Added by Acts 1999, 76th Leg., ch. 196, Sec. 8, eff. Aug. 30, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.051, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter A. General Provisions › Section 118.001. Definition

Sec. 118.001.  DEFINITION.  In this chapter, "document" includes any instrument, document, paper, or record.
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 A. General Provisions › Section 118.002. Bill for Fees

Sec. 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, Sec. 31, 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 B. Fees of County Clerk Other Than Court Fees › Section 118.012. Personal Property Records Filing

Sec. 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, 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 B. Fees of County Clerk Other Than Court Fees › Section 118.013. Real Property Records Filing

Sec. 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, 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 B. Fees of County Clerk Other Than Court Fees › Section 118.0131. Optional Recording Fees for Court Facilities: Hidalgo County and Cameron County

Sec. 118.0131.  OPTIONAL RECORDING FEES FOR COURT FACILITIES:  HIDALGO COUNTY AND CAMERON COUNTY.  The county clerk of Hidalgo County and the county clerk of Cameron County may assess an additional fee not to exceed $10 for real property records filing to fund the construction, renovation, or improvement of court facilities, if authorized by the commissioners court of the county.
Added by Acts 2015, 84th Leg., R.S., Ch. 985 (S.B. 1964), Sec. 6, eff. June 19, 2015.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter B. Fees of County Clerk Other Than Court Fees › Section 118.0135. Waiver of Real Property Filing Fees

Sec. 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, Sec. 1, eff. May 17, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter B. Fees of County Clerk Other Than Court Fees › Section 118.014. Certified Papers

Sec. 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, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 451, Sec. 1, 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 B. Fees of County Clerk Other Than Court Fees › Section 118.0145. Noncertified Papers

Sec. 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, Sec. 2, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 764, Sec. 4, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter B. Fees of County Clerk Other Than Court Fees › Section 118.015. Birth or Death Certificate

Sec. 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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(68), eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 305, Sec. 3, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 209, Sec. 74(a), eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 263 (H.B. 2962), Sec. 4, eff. May 30, 2005.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter B. Fees of County Clerk Other Than Court Fees › Section 118.016. Bond Approval

Sec. 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, 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 B. Fees of County Clerk Other Than Court Fees › Section 118.018. Marriage License

Sec. 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, except as provided by Subsection (b-1).
(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.
(b-1)  The county clerk shall issue a marriage license without collecting a marriage license fee from an applicant who:
(1)  completes a premarital education course described by Section 2.013, Family Code;
(2)  provides to the county clerk a premarital education course completion certificate indicating completion of the premarital education course not more than one year before the date the marriage license application is filed with the clerk; and
(3)  provides proof satisfactory to the county clerk that the applicant is a resident of this state.
(c)  A person applying for a marriage license may make a voluntary contribution of $5 to promote healthy early childhood by supporting the Texas Home Visiting Program administered by the Office of Early Childhood Coordination of the Health and Human Services Commission.  A county clerk shall collect the additional voluntary contribution under this section.
(d)  If neither applicant for a marriage license provides proof satisfactory to the county clerk that the applicant is a resident of this state, the county clerk may collect an additional fee of $100 for issuing the marriage license.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 185, Sec. 4, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 209, Sec. 75(a), eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 327 (H.B. 2685), Sec. 4, eff. September 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 327 (H.B. 2685), Sec. 6, eff. September 1, 2008.
Acts 2013, 83rd Leg., R.S., Ch. 820 (S.B. 1836), Sec. 4, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 695 (H.B. 555), Sec. 5, eff. June 12, 2017.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter B. Fees of County Clerk Other Than Court Fees › Section 118.019. Declaration of Informal Marriage

Sec. 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, 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 B. Fees of County Clerk Other Than Court Fees › Section 118.020. Brand Registration

Sec. 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, 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 B. Fees of County Clerk Other Than Court Fees › Section 118.021. Oath Administration

Sec. 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, 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 B. Fees of County Clerk Other Than Court Fees › Section 118.0215. Returned Check

Sec. 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, Sec. 18(c), 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 B. Fees of County Clerk Other Than Court Fees › Section 118.0216. Records Management and Preservation

Sec. 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)  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)   All expenditures from the records management and preservation account shall comply with Subchapter C, Chapter 262.
Added by Acts 1991, 72nd Leg., ch. 587, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 794, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 540 (S.B. 1574), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 330 (H.B. 2716), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter B. Fees of County Clerk Other Than Court Fees › Section 118.0217. Mental Health Background Check

Sec. 118.0217.  MENTAL HEALTH BACKGROUND CHECK.  (a)  The fee for a "mental health background check for license to carry a handgun" 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 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, Sec. 2, eff. June 19, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 33, eff. January 1, 2016.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter B. Fees of County Clerk Other Than Court Fees › Section 118.022. Disposition of Marriage License and Declaration Fees

Sec. 118.022.  DISPOSITION OF MARRIAGE LICENSE AND DECLARATION FEES.  (a)  If the county clerk collects a fee for issuing a marriage license, the county clerk shall deposit, as provided by Subchapter B, Chapter 133:
(1)  $20 of each fee collected for issuing a marriage license or $12.50 of each fee for recording a declaration of informal marriage to be sent to the comptroller and deposited as provided by Subsection (b);
(2)  $10 of each fee collected for issuing a marriage license to be sent to the comptroller and deposited as provided by Subsection (c); and
(3)  if applicable, the $5 voluntary contribution collected to promote healthy early childhood by supporting the Texas Home Visiting Program administered by the Office of Early Childhood Coordination of the Health and Human Services Commission to be sent to the comptroller and deposited as provided by Subsection (d).
(b)  The comptroller shall deposit the money received under Subsection (a)(1) to the credit of the child abuse and neglect prevention trust fund account established under Section 137.054, Human Resources Code.
(c)  The comptroller shall deposit the money received under Subsection (a)(2) to the credit of the family trust fund account established under Section 2.014, Family Code.
Text of subsection effective until April 01, 2025
(d)  The comptroller shall deposit the money received under Subsection (a)(3) in the Texas Home Visiting Program trust fund under Section 531.287, Government Code.
Text of subsection effective on April 01, 2025
(d)  The comptroller shall deposit the money received under Subsection (a)(3) in the Texas Home Visiting Program trust fund under Section 523.0306, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 957, Sec. 7, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 209, Sec. 76(a), eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 327 (H.B. 2685), Sec. 5, eff. September 1, 2008.
Acts 2013, 83rd Leg., R.S., Ch. 820 (S.B. 1836), Sec. 5, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.143, eff. April 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter B. Fees of County Clerk Other Than Court Fees › Section 118.023. Fees for Ex Officio Services

Sec. 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 orders for payment; 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, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 27, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter B. Fees of County Clerk Other Than Court Fees › Section 118.024. Free Access to Records

Sec. 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, 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 B. Fees of County Clerk Other Than Court Fees › Section 118.026. Fee for County Records Technology and Infrastructure in Certain Counties

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.
(b)  The fee must be paid at the time a person pays a fee under Section 118.0216 or, if applicable, Section 118.025.
(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.
(e)  The fee is subject to approval by the commissioners court in a public meeting during the budget process.
Added by Acts 2015, 84th Leg., R.S., Ch. 379 (H.B. 1062), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter C. Fees of Clerk of County Court › Section 118.051. Clerical Duties

Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 96 (H.B. 1295), Sec. 1, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 3.02, 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 C. Fees of Clerk of County Court › Section 118.0525. Increased Fee for Noncompliance With Document Specifications

Sec. 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, Sec. 20(b), 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 C. Fees of Clerk of County Court › Section 118.0526. Copies of Court Records Preserved Only on Microfilm or by Electronic Method

Sec. 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, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter C. Fees of Clerk of County Court › Section 118.0545. Services Rendered After Judgment in Original Action

Sec. 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.
(b-1)  The fee for "Preparation of the clerk's record for appeal" under Section 118.052(1) is for preparation of the clerk's record for appeal.
(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" includes an appeal from a justice of the peace or a corporation court and a transfer of an action from another jurisdiction.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 19(a), eff. Aug. 28, 1989.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 3.03, 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 C. Fees of Clerk of County Court › Section 118.056. Services in Pending Probate Action

Text of section as amended by Acts 1999, 76th Leg., ch. 66, Sec. 1
Sec. 118.056.  SERVICES IN PENDING PROBATE ACTION.  (a)  Except as provided by Subsection (d), 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 at the time of the filing or the rendering of the service and is in addition to other fees prescribed by Section 118.052.
(d)  The fee for filing an inventory and appraisement under Section 118.052(2)(B)(i) applies only if the instrument is filed after the 90th day after the date the personal representative has qualified to serve or, if the court grants an extension under Section 309.051, Estates Code, after the date of the extended deadline specified by the court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 66, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 399 (S.B. 819), Sec. 2, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 20.021, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 3.04, 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 C. Fees of Clerk of County Court › Section 118.058. Claim Against Estate

Sec. 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, 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 C. Fees of Clerk of County Court › Section 118.059. Issuing Document

Sec. 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 subpoena, 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, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 451, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 3.05, 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 C. Fees of Clerk of County Court › Section 118.060. Certified Papers, No Return Required

Sec. 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, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 451, Sec. 3, 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 C. Fees of Clerk of County Court › Section 118.0605. Noncertified Papers

Sec. 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, Sec. 4, 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 C. Fees of Clerk of County Court › Section 118.061. Letters and Abstracts

Sec. 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, 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 C. Fees of Clerk of County Court › Section 118.062. Deposit and Safekeeping of Wills

Sec. 118.062.  DEPOSIT AND SAFEKEEPING OF WILLS.  The fee for "Deposit and Safekeeping of Wills" under Section 118.052(3) is for receiving and keeping wills deposited for safekeeping.  The fee must be paid at the time the will is deposited with the county clerk.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 701 (H.B. 2207), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 118 - Fees Charged by County Officers › Subchapter C. Fees of Clerk of County Court › Section 118.063. Mail Service of Process

Sec. 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, 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 C. Fees of Clerk of County Court › Section 118.065. Free Access to Records

Sec. 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, 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 C. Fees of Clerk of County Court › Section 118.066. Prohibited Fees

Sec. 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, Sec. 32, 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 C. Fees of Clerk of County Court › Section 118.070. Fee for Search of Records

Sec. 118.070.  FEE FOR SEARCH OF RECORDS.  The clerk of a county court may collect a fee for searching files or records to locate a cause when the docket number is not provided.
Added by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 3.06, 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 D. Fees of County Judge › Section 118.101. Fee Schedule

Sec. 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, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1080, Sec. 8, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 379 (H.B. 1062), Sec. 6, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 3.07, eff. January 1, 2022.