Bill Text: TX HB4248 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to specifications for legal papers filed with a county clerk.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-22 - Removed from local & uncontested calendar [HB4248 Detail]
Download: Texas-2019-HB4248-Comm_Sub.html
By: Kuempel (Senate Sponsor - Zaffirini) | H.B. No. 4248 | |
(In the Senate - Received from the House May 6, 2019; | ||
May 10, 2019, read first time and referred to Committee on State | ||
Affairs; May 19, 2019, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 19, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 4248 | By: Zaffirini |
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relating to specifications for legal papers filed with a county | ||
clerk. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 103.030, Government Code, is amended to | ||
read as follows: | ||
Sec. 103.030. MISCELLANEOUS FEES AND COSTS: LOCAL | ||
GOVERNMENT CODE. Fees and costs shall be paid or collected under | ||
the Local Government Code as follows: | ||
(1) services by the offices of the sheriff and | ||
constables (Sec. 118.131, Local Government Code) . . . amount set | ||
by county commissioners court; | ||
(2) a filing fee or recording fee for each page of a | ||
legal paper presented for filing or recording that fails to meet | ||
certain requirements regarding paper size, weight, substance, | ||
headings, legibility, the presence of typed or printed names under | ||
each signature, [ |
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(Sec. 191.007, Local Government Code) . . . twice the regular | ||
filing fee or recording fee provided by statute for that page, | ||
rider, or attachment; | ||
(3) a processing fee as authorized by the | ||
commissioners court for the payment by credit card of a fee, court | ||
cost, or other charge processed by a county or precinct officer | ||
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount | ||
reasonably related to the expense incurred by the county or | ||
precinct officer but not to exceed five percent of the amount of the | ||
fee, court cost, or other charge being paid; | ||
(4) a processing fee as authorized by the governing | ||
body of the municipality for the payment by credit card of a fee, | ||
court cost, or other charge processed by a municipal official | ||
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount | ||
reasonably related to the expense incurred by the municipal | ||
official but not to exceed five percent of the amount of the fee, | ||
court cost, or other charge being paid; | ||
(5) a handling fee, if authorized by the commissioners | ||
court under Section 132.002, Local Government Code, for | ||
electronically processing the payment of a fee, fine, court cost, | ||
or other charge (Secs. 132.002 and 132.003, Local Government Code): | ||
(A) charged at a flat rate that does not exceed $5 | ||
for each payment transaction; or | ||
(B) charged at a rate reasonably related to the | ||
expense incurred in processing a payment and that does not exceed | ||
five percent of the amount of the fee, court cost, or other charge | ||
being paid; | ||
(6) a fee, if authorized by the commissioners court, | ||
collected by a county or precinct officer on behalf of the county | ||
from a person making payment by credit card of a fee, court cost, or | ||
other charge (Sec. 132.003, Local Government Code) . . . an amount | ||
equal to the amount of any transaction fee charged to the county by | ||
a vendor providing services in connection with payments made by | ||
credit card; and | ||
(7) a records technology and infrastructure fee, if | ||
authorized by the commissioners court of the county (Secs. 118.026, | ||
118.069, and 118.102, Local Government Code) . . . $2.00. | ||
SECTION 2. Sections 191.007(a), (b), (d), (f), (g), (h), | ||
and (k), Local Government Code, are amended to read as follows: | ||
(a) A legal paper presented to a county clerk for filing or | ||
for recording in any county must meet the requirements prescribed | ||
by this section [ |
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by this section, a county clerk may not impose additional | ||
requirements or fees for filing or recording a legal paper. | ||
(b) A page is considered to be one side of a sheet of paper. | ||
A page must: | ||
(1) be no wider than 8-1/2 inches and no longer than 14 | ||
inches; | ||
(2) have a sufficient weight and substance so that | ||
printing, typing, or handwriting on it will not smear or bleed | ||
through; and | ||
(3) be printed in type not smaller than 10-point | ||
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it a readable record by a photocopy, microfilm, microfiche, or | ||
digital imaging [ |
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in the office of the county clerk. | ||
(d) Printing, typing, [ |
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must be clearly legible so that a legible copy may be reproduced. | ||
(f) All pages submitted for recording [ |
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printing, typing, or handwriting on a white background, commonly | ||
known as positive prints. | ||
(g) Riders and attachments must comply with the size | ||
requirement prescribed by Subsection (b) and shall not be larger | ||
than the size of the page. [ |
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(h) The filing fee or recording fee for each page of a legal | ||
paper that is presented for filing or recording to a county clerk | ||
and fails to meet one or more of the requirements prescribed by | ||
Subsections (b) through (g) is equal to twice the regular filing fee | ||
or recording fee provided by statute for that page. If a page of a | ||
legal paper fails to meet a requirement prescribed by Subsections | ||
(b) through (g), the county clerk may note the deficiency at the | ||
bottom of the page. [ |
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(k) This section does not authorize a county clerk to refuse | ||
to record a legal paper for the reason that it fails to meet one or | ||
more of the requirements prescribed by Subsections (b) through | ||
(g). Failure to comply with these requirements shall not in any | ||
manner alter, amend, impair, or invalidate any document or legal | ||
instrument of any type or character and upon recordation by the | ||
county clerk the document or legal instrument shall be deemed and | ||
considered as fully complying with the provisions of law dealing | ||
with the recordation of documents or legal instruments of every | ||
type and character. The recordation of a document or legal | ||
instrument by the county clerk is not a determination by the clerk | ||
that the document meets the requirements of this section or any | ||
other law. | ||
SECTION 3. Sections 191.007(i) and (j), Local Government | ||
Code, are repealed. | ||
SECTION 4. The change in law made by this Act applies to a | ||
legal paper filed with a county clerk on or after September 1, 2019. | ||
A legal paper filed with a county clerk before September 1, 2019, is | ||
governed by the law in effect at the time the paper was filed, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2019. | ||
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