Texas Government Code - Section 51.704. Additional Fees In Certain Statutory Probate Courts
Legal Research Home >
Texas Lawyer > Government Code > Texas Government Code - Section 51.704. Additional Fees In Certain Statutory Probate Courts
§ 51.704. ADDITIONAL FEES IN CERTAIN STATUTORY PROBATE
COURTS. (a) Except as provided by Subsection (f), in addition to
all other fees authorized or required by other law, the clerk of a
statutory probate court shall collect a $40 filing fee in each
probate, guardianship, mental health, or civil case filed in the
court to be used for court-related purposes for the support of the
judiciary.
(b) Court fees due under this section shall be collected in
the same manner as other fees, fines, or costs are collected in the
case.
(c) The clerk shall deposit the fees collected under this
section to be sent to the comptroller as provided by Subchapter B,
Chapter 133, Local Government Code. The comptroller shall deposit
the fees in the judicial fund.
(d) Section 51.320 applies to a fee collected under this
section.
(e) This section applies only to fees for a 12-month period
beginning July 1 in a county in which the commissioners court:
(1) adopts a resolution authorizing the fees under
this section; and
(2) files the resolution with the comptroller not
later than June 1 immediately preceding the first 12-month period
during which the fees are to be collected.
(f) A resolution under Subsection (e) continues from year to
year allowing the county to collect fees under the terms of this
section until the resolution is rescinded.
(g) A commissioners court that desires to rescind a
resolution adopted under Subsection (e) must submit to the
comptroller not later than June 1 preceding the beginning of the
first day of the state fiscal year a resolution stating the
commissioners court's desire to rescind the resolution.
(h) A county that is not eligible to participate under
Subsection (e) on July 1 of a year but is eligible to participate
later in the year may submit a resolution meeting the requirements
of Subsection (e) to the comptroller. The comptroller shall
determine the date the county may begin to collect fees under this
section. A county that begins to collect fees under this section
after July 1 is not eligible for a payment by the comptroller under
Section 25.00211 until the 60th day after the date the comptroller
determines the county may begin to collect fees under this section.
(i) A clerk may not collect a fee under this section and
under Section 51.701 or 51.702.
Added by Acts 1999, 76th Leg., ch. 1572, § 8, eff. Oct. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 209, § 72(a), eff. Jan. 1,
2004.
Section: 51.602 51.604 51.605 51.606 51.607 51.702 51.703 51.704 51.705 51.801 51.802 51.803 51.804 51.805 51.806
Last modified: August 11, 2007
|
