FEE$ COLLECTED BY A COUNTY CLERK FEE$, STATUE$ & PURPOSE DIANNE WILSON

FEE$ COLLECTED BY A COUNTY CLERK FEE$, STATUE$ & PURPOSE DIANNE WILSON COUNTY CLERK, FORT BEND COUNTY TEXAS ASSOCIATION OF AUDITORS MAY 6, 2010

Managing Records Archive The county clerk shall record, exactly, without delay and shall keep the records properly indexed and arranged LGC 191.001 Control the records - LGC 191.006 & 205.009 All records belong to the County Clerk (LGC 191.006) Establish a Records Retention Schedule and Process LGC 201-205 www.tsl.state.tx.us/slrm/recordspubs/cc.html www.tsl.state.tx.us/slrm/recordspubs/dc.html "As an elected officer, the county clerk occupies a sphere of authority within which another elected officer may not interfere. The clerk's sphere of authority encompasses authority over both 1) records in the clerk's office and 2) resources in and personnel employed in the clerk's office." {AG opinion GA-0203 issued 2004}

FEES FOR OFFICIAL PUBLIC RECORDS AND VITAL STATISTICS

OFFICIAL PUBLIC RECORD FEES 1) Deeds, Deed of Trusts, A/J, Affidavits, State Tax Lien, etc -- $5.00 + RMF + ARC FEE +CHSF PLUS $4.00 each additional page on which there are visible marks of any kind--lgc 118.011-.013 a. $0.25 for each additional grantor or grantee over 5--LGC 118.011(a)(2) b. $5.00 for NO heading on top of first page of document--lgc 191.007 c. Any document conveying interest in property must have the grantee s address, if not, double the filing fee of the document or $25.00 (+RMF/ARCF/CHSF), whichever is the greater of the two. Property Code 11.003 d. Double the fee of any page that is illegible $5.00 or $4.00--LGC 191.007 e. Names not printed under signatures--double filing fee of that page $5.00 or $4.00-- LGC191.007 f. Plaintiff or Judgment Creditor address must be on Abstract of Judgment, if not, double filing fee or $25.00 (+RMF/ARCF/CHSF), whichever is the greater of the two--pc 52.0041 2) Federal Lien & related filings -- $16.00--PC 14.005 3) Brands -- $11.00 per brand -- $5.00 each additional location on animal--lgc 118.020, 118.011(a)(9) 4) DBA (Assumed Name) already notarized -- $9.00 first owner, $0.50 each additional owner-bcc 36.15 5) DBA (Assumed Name) we notarize -- $10.00 first owner, $1.50 each additional owner--bcc 36.15, LGC 118.011(a)(10) 6) DD214 (Military Discharge) -- NO CHARGE to file--lgc 192.002 Copies to file Veterans claims with proof of need NO CHARGE--GC 552.140(c) 7) Effective 7/1/2001 UCC laws changed. Contact the Secretary of State or County Clerk for information *** To file timber/mineral/fixture UCC - see fee schedule for Official Public Records

OFFICIAL PUBLIC RECORD FEES cont d REAL PROPERTY SEARCH: The Fort Bend County Clerk s Office will only search records required by statute. 1) Federal Lien Search-- $10.00 per name--pc 14.004 Federal Lien Copies -- $1.50 per page--pc 14.004 Federal Lien Copies Certified -- $5.00 + $1.50 per page--pc14.004, LGC 118.011(a)(3) 2) Brands -- $5.00 per brand searched (fee does not apply at time of recording brand) LGC 118.011(a)(9), 118.011(c) ****************************************************************************************************************************************** PAPER COPY: Plain -- $1.00 per page--lgc 118.0145 Certified -- $5.00 + $1.00 per page--lgc 118.0145, LGC 118.011(a)(3) NON-PAPER COPY: FTP/USB/CD GC 552.261 (FEE FORMULA APPROVED BY OAG) PLAT RECORDS: Filing -- $? per plat or per plat page--lgc 118.011(c) FEE SET BY COUNTY CLERK - LGC 118.011(c) Per Lot/Reserve Fee -- $? (outside city limits only) FEE SET BY COMM. COURT - LGC 232.0021 Plat Copies -- $? per page--lgc 118.011(c) FEE SET BY COUNTY CLERK - LGC 118.011(c) Plat Certified Copies -- $? + $5.00 per page-- FEE SET BY COUNTY CLERK & LGC 118.011(a)(3) *********************************************************************************************************************** FILINGS--filed for record but not recorded Bankruptcy proceedings copies $1.00--LGC 291.008 Application to Dispose Waste by Injection (W-14, H-1) NO CHARGE to file NRC 89.043 Budgets (cities, school districts) -- $1.00--LGC 291.008 MUD, LID files (filings, budgets, annual reports) -- $1.00--LGC 291.008 Foreclosure Notice -- $3.00--PC 51.002(f) Certificate of Filing -- $1.00--LGC 118.011(c) Meetings/Postings -- $3.00--LGC 118.011(c) Certificate of Posting -- $1.00--LGC 118.011(c) Miscellaneous: The clerk shall charge reasonable fees for performing other duties prescribed or authorized by statute for which a fee is not prescribed LGC 118.011 ( c ) NOTE: ALL OPR FEES ARE COUNTY FUNDS EXCEPT CC RMF & ARCF

RECORD MANAGEMENT & PRESERVATION FEE County Clerk Record Management Fee (LGC 118.0216) the clerk may set the fee up to $5 (no approval by commissioners court is required) and the fee is dedicated including interest for the records management, preservation and automation for the county clerk. This fund can not be spent without the agreement by BOTH the county clerk and the commissioners court. This fee is collected on all newly filed real and personal property (including plats, DBA, brands & other such documents), issuance of a marriage license and Wills for safekeeping.

RECORD MANAGEMENT FEE STATUTES Local Government Code Chapter 118.011(b)(2) &.0216 not to exceed $5.00 per document Chapter 203 - Management & Preservation 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) In a county that is adjacent to an international boundary, the fee shall be deposited in a separate records management and preservation account in the general fund of the county. (Note: separate account for all counties) (d) The fee may be used only to provide funds for specific records management and preservation, including for automation purposes. (e) In a county that is adjacent to an international boundary, the county clerk shall prepare an annual written plan for funding the automation projects and records management and preservation services performed by the clerk. After a public hearing, the plan shall be considered for approval by the commissioners court. Funds from the records management and preservation account may be expended only as provided by the plan. All expenditures from the records management and preservation account shall comply with Subchapter C, Chapter 262.

ARCHIVE FEE County Clerk Archive Fee (LGC 118.025) the fee up to $5 (if the county clerk wants to collect this fee, the fee amount must be approved by commissioners court). It is dedicated, including interest, for the preservation and restoration services of documents. This fund can not be spent without a budget (prepared by the county clerk and approved by commissioners court). This fee is collected on all newly filed real and personal property documents, dba, brands, etc. as well as issuance of a marriage license.

VITAL STATISTIC FEES Local Government Code Chapter 118.011 Health and Safety Code Chapter 191.045 A local registrar or county clerk who issues a certified copy of a birth or death certificate shall charge the same fees as charged by the bureau of vital statistics, including the additional fee required under Subsection (e), except as provided by Subsections (g) and (h). In addition to other fees collected under this section, a local registrar or county clerk may collect a fee not to exceed $1 for the preservation of vital statistics records maintained by the registrar or county clerk, including birth, death, fetal death, marriage, divorce, and annulment records. A fee under this section shall be collected by the registrar or county clerk on the issuance of a vital statistics record, including a record issued through a Remote Birth Access site.

VITAL RECORDS MANAGEMENT FEE County Clerk Vital Statistics Fee (HSC 191.0045) the fee is $1.00 to be collected for a copy of birth and death record and marriage license (LGC 291.008). Fund to be used by the county clerk for purchasing forms, supplies, bank note paper, education courses, etc to support vital records.

EXPENDITURE FROM DEDICATED FEES CCRMF County Clerk Record Management & Preservation Fund Most anything dedicated to support the filing, recording, archive, retrieval processes. This includes contracting with a vendor to provide the services and/or the purchase of hardware, software, equipment, supplies, as well as staff & education courses. Expenditure must be agreed upon by both the county clerk and commissioners court before funds can be spent. ARCF County Clerk Archive Fund Most anything dedicated to prevent deterioration of records including preservation and restoration. This includes contracting with a vendor to provide the services and/or the purchase of hardware, software, equipment, supplies, as well as staff & education courses. A budget must be prepared by the county clerk and approved by commissioners court. VSF County Clerk Vital Statistics Fund Most anything dedicated to support the filing, recording, archive, retrieval processes including hardware, software, equipment, staff, supplies, & education courses. A budget is prepared by the county clerk and approved by commissioners court. ****************************************************************************************************************************************************************** * TECHF Court Technology Fund A fund designated by this article may be used only to finance: (1) the cost of continuing education and training for county court, statutory county court, or district court judges and clerks regarding technological enhancements for those courts; and (2) the purchase and maintenance of technological enhancements for a county court, statutory county court, or district court, including: A) computer systems; (B) computer networks; (C) computer hardware; (D) computer software; (E) imaging systems; (F) electronic kiosks; and (G) docket management systems. The county and district court technology fund shall be administered by or under the direction of the commissioners court of the county. CCCF - County Clerk Court Preservation Fund The clerk at least monthly shall send the fees collected under this section to the county treasurer or to any other official who discharges the duties commonly assigned to the county treasurer. The treasurer or other official shall deposit the fees in a court record preservation account in the county treasury. The money in the account may be used only to digitize court records and preserve the records from natural disasters. The court record preservation account shall be administered by or under the direction of the commissioners court of the county. Expenditure is most anything dedicated to digitize and preserve the court records. This includes contracting with a vendor to provide the services and/or the purchase of hardware, software, equipment, supplies, as well as staff & education courses

AG OPINIONS on use of Record Mgmt Fee DM 283-1994 LO 92-007* - 1992 DM 360-1995 LO 92-081* - 1992 DM 371-1995 DM 492-1998 JC 0031-1999 GA 0118-2003 GA 0203-2004 GA 0262-2004 GA 0521-2007 * overturned by DM 492

FEES FOR COURTS CIVIL & CRIMINAL

JUVENILE COURT FEES Court Costs Family Code Art 54.011(a) $20.00 Probation Family Code Art 54.061(a) $15.00 Graffiti Family Code Art 54.0461(a) $5.00 Sealing V.A.S.S. Article 3930(b), Sec 1 New Civil Case Fee Sec. 118 Local Government code + Copy & Mail Fee TYC Commitment Family Code Art. 54.0462 $50.00 DNA Sample Family Code Art. 54.0462 $34.00 (disposition w/o commitment)

MISDEMEANOR FEES BASIC COURT COST OF MISDEMEANORS A&B C Consolidated Court Cost (CCC) Sec. 133.101 L.G.C. (state fee) 83.00 40.00 County Clerk Fee Art. 102.005 C.C.P. (co. fee) 40.00 40.00 District Attorney Fee Art. 102.008 C.C.P. (co. fee) 25.00 25.00 Courthouse Security Fund Art. 102.017 C.C.P. (co. fee) 3.00 3.00 Records Management Fund Art. 102.005 C.C.P. (co. fee) 25.00 25.00 Judicial Fund * (If your county adopted resolution) Sec. 51.702 Gov. Code (state fee) 15.00 15.00 Judicial Fund Additional Sec.133.105 Gov.Code (state fee) 6.00 6.00 Jury Service Fund Art. 102.0045C.C.P. (state fee) 4.00 4.00 Indigent Defense Sec.133.107 Gov.Code (statefee) 2.00 2.00 Technology Fee Art.102.0169 C.C.P. (co.fee) 4.00 4.00 TOTAL BASIC COURT COST 207.00 164.00 ADDITIONAL COURT COST OF MISDEMEANORS (May apply depending on type of offense) DWI - Visual recording (VIDEO) Art. 102.018 C.C.P. (co. fee) 15.00 Emergency Medical Services (Medical) Art. 102.0185 C.C.P. (state fee) 100.00 TRAFFIC -All traffic offenses (State Fee 1) Art. 542.403 T.C. (state fee) 3.00 -All traffic offenses (State Fee 2) Art. 542.4031 T.C. (state fee) 30.00 - Speeding/School Zone * Art. 102.014 C.C.P. (co. fee) 25.00 - Passing School Bus * Art. 102.014 C.C.P. (co. fee) 25.00 * (Cities with population 400,000 or more) - Moving Violation Conviction Art.102.022 C.C.P. (state fee) 00.10 EDUCATION - Thwarting Compulsory Attendance Art. 102.014 C.C.P (co. fee) 20.00 - Failure to Attend School Art. 102.014 C.C.P. (co. fee) 20.00 (Truancy) JUVENILE DELINQUENCY PREVENTION FUND Art. 102.0171 C.C.P. (co. fee) 50.00 PUBLIC LEWDNESS and INDECENT EXPOSURE Art. 102.020 C.C.P. (state fee) 50.00 (DNA Testing) TIME PAYMENT FEE Sec. 133.103 L.G.C. (s/c fee) 25.00 TRANSACTION FEE Art. 102.072 C.C.P. (co. fee) 2.00 JURY FEE - Conviction by Jury Art. 102.004 C.C.P. (co. fee) 20.00 CHILD ABUSE PREVENTION PROGRAM Art. 102.0186 C.C.P. (state fee) 100.00 WITNESS FEE ($1.00 PER DAY;.06 MI) Art. 102.002 C.C.P. (co. fee) (varies)

MISDEMEANOR FEES cont d DRUG COURT FUNDING (Class A&B only) Art.102.0178 C.C.P. (state fee) 60.00 DNA SAMPLE (Probation & Deferred) Art102.020 C.C.P. (co. fee) 34.00 PEACE OFFICERS FEES: DPS/TABC - Arrest Art. 102.011 C.C.P. (state fee) 5.00 SHERIFF - Arrest w/o warrant Art. 102.011 C.C.P. (co. fee) 5.00 - Arrest with warrant Art. 102.011 C.C.P. (co. fee) 50.00 - Execute/process capias Art. 102.011 C.C.P. (co. fee) 50.00 - Serving writs Art. 102.011 C.C.P. (co. fee) 35.00 - Taking bonds Art. 102.011 C.C.P. (co. fee) 10.00 - Commit/release Art. 102.011 C.C.P. (co. fee) 10.00 - Summons jury Art. 102.011 C.C.P. (co. fee) 5.00 - Habeas corpus, custody/bail; each day Art. 102.011 C.C.P. (co. fee) 8.00 CONSTABLE - Serving summons/subpoenas Art. 102.011 C.C.P. (co. fee) 5.00 ACCOUNTING AND ADMINISTRATIVE FEE Sec. 117.055 L.G.C. (co. fee) 5% (Administration of a Registry Fund Account (No earned interest) co fee -not to exceed $50.00)

CIVIL COUNTY FEES FEE SCHEDULE BASED ON TYPE OF CIVIL CASE (ATTACHMENT 1) STATUTES FOR FEES BASED ON TYPE OF CIVIL CASE (ATTACHMENT 1 A)

PROBATE FEES FEE SCHEDULE BASED ON TYPE OF PROBATE CASE (ATTACHMENT 2) STATUTES FOR FEES BASED ON TYPE OF PROBATE CASE (ATTACHMENT 2A)

RMF FOR COURT RECORDS County Records Management Fund Civil/Probate: fee of $5 is set by statute (LGC 118.0546) for civil & probate cases. The fee goes to a "county" record management fund to be used by any county office upon approval of commissioners court. Misdemeanor: the fee of $25 is set statute (CCP 102.005) for a criminal case and is split between the county ($22.50) and the clerk ($2.50) to be used for records management and preservation purposes including automation.

Misdemeanor & Felony Criminal Court Technology Fee Art.102.0169 C.C.P. $4.00 A fund designated by this article may be used only to finance: (1) the cost of continuing education and training for county court, statutory county court, or district court judges and clerks regarding technological enhancements for those courts; and (2) the purchase and maintenance of technological enhancements for a county court, statutory county court, or district court, including: (A) computer systems; (B) computer networks; (C) computer hardware; (D) computer software; (E) imaging systems; (F) electronic kiosks; and (G) docket management systems. The county and district court technology fund shall be administered by or under the direction of the commissioners court of the county.

CIVIL & PROBATE PRESERVATION FEE Subchapter H, Chapter 51, Section 51.708 Government Code $10 The clerk at least monthly shall send the fees collected under this section to the county treasurer or to any other official who discharges the duties commonly assigned to the county treasurer. The treasurer or other official shall deposit the fees in a court record preservation account in the county treasury. The money in the account may be used only to digitize court records and preserve the records from natural disasters. The court record preservation account shall be administered by or under the direction of the commissioners court of the county.

RECAP OF DEDICATED FEES COLLECTED BY THE COUNTY CLERK

RECAP OF EXPENDITURE FROM DEDICATED FEES CCRMF County Clerk Record Management & Preservation Fund Most anything dedicated to support the filing, recording, archive, retrieval processes. This includes contracting with a vendor to provide the services and/or the purchase of hardware, software, equipment, supplies, as well as staff & education courses. Expenditure must be agreed upon by both the county clerk and commissioners court before funds can be spent. ARCF County Clerk Archive Fund Most anything dedicated to prevent deterioration of records including preservation and restoration. This includes contracting with a vendor to provide the services and/or the purchase of hardware, software, equipment, supplies, as well as staff & education courses. A budget must be prepared by the county clerk and approved by commissioners court. VSF County Clerk Vital Statistics Fund Most anything dedicated to support the filing, recording, archive, retrieval processes including hardware, software, equipment, staff, supplies, & education courses. A budget is prepared by the county clerk and approved by commissioners court. CRMF County Record Management Fund Civil/Probate - $5 to be used by any county dept/office for automation/preservation of records Misdemeanor - $25 split $22.50/$2.50 for automation/preservation of records TECHF Technology Fund A fund designated by this article may be used only to finance: (1) the cost of continuing education and training for county court, statutory county court, or district court judges and clerks regarding technological enhancements for those courts; and (2) the purchase and maintenance of technological enhancements for a county court, statutory county court, or district court, including: A) computer systems; (B) computer networks; (C) computer hardware; (D) computer software; (E) imaging systems; (F) electronic kiosks; and (G) docket management systems. The county and district court technology fund shall be administered by or under the direction of the commissioners court of the county. CCCF - County Clerk Court Preservation Fund The clerk at least monthly shall send the fees collected under this section to the county treasurer or to any other official who discharges the duties commonly assigned to the county treasurer. The treasurer or other official shall deposit the fees in a court record preservation account in the county treasury. The money in the account may be used only to digitize court records and preserve the records from natural disasters. The court record preservation account shall be administered by or under the direction of the commissioners court of the county. Expenditure is most anything dedicated to digitize and preserve the court records. This includes contracting with a vendor to provide the services and/or the purchase of hardware, software, equipment, supplies, as well as staff & education courses

QUESTIONS & ANSWERS