Title LG, Local Government Code

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, …

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, Se…

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.

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.…

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. Act…

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 …

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; …

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. SUBCHAPTER D. F…

Sec. 118.101. FEE SCHEDULE. The county judge shall collect the following fees in probate matters: 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…

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 o…

Sec. 118.123. FEES AFTER ENTRY OF JUDGMENT. (a) The fees for "Services rendered after judgment" under Section 118.121 apply to a civil matter in a justice court or small claims court. (b) The fee for a "Transcript" under Section 118.121(1) is for making and certifying a transcrip…

Sec. 118.1235. FEE FOR CERTIFIED COPY. The fee for "Certified copy of court papers" under Section 118.121(4) 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…

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…

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 …

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. S…

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 count…

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 prop…

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: or more than $30.00 (b) The county treasurer or another officer who receives revenue…

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 reas…

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 Le…

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 cer…

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. SUBCHAPTER H. FEES O…

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 …

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.…

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…

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…

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 aga…

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…

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 oper…

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 pl…

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; …

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 ap…

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 gover…

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 e…

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 poo…

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…

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 conditio…

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 th…

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 provide…

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. Septemb…

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) reduce…

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 …

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) …

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 offici…

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) or (a-1) without the required voter approval and who resides in the county may file a complaint with the criminal justice division…

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) or (a…