CHAPTER 603. PROVISION OF DOCUMENTS AND FEES OF OFFICE - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS

AND EMPLOYEES

CHAPTER 603. PROVISION OF DOCUMENTS AND FEES OF OFFICE

Sec. 603.001. DEFINITION. In this chapter, "document" includes

any instrument, paper, or other record.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 603.002. COPIES OF DOCUMENTS AVAILABLE TO PUBLIC. The

secretary of state, Commissioner of the General Land Office,

comptroller, commissioner of agriculture, Banking Commissioner,

state librarian, or attorney general:

(1) shall furnish to a person on request a certified copy, under

seal, of any document in the officer's office that is available

under law to that person; and

(2) may not demand or collect a fee from an officer of the state

for a copy of any document in the respective offices or for a

certificate in relation to a matter in the respective offices if

the copy is required in the performance of an official duty of

the office of the state officer requesting the copy.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.38, eff.

Sept. 1, 1997.

Sec. 603.003. COPIES FOR CLAIMS RELATING TO MILITARY SERVICE.

(a) A county clerk, district clerk, or other public official on

request shall furnish without cost to a person or the person's

guardian, dependent, or heir one or more certified copies of a

document that is in the custody of or on file in the county

clerk's, district clerk's, or other public official's office if:

(1) the person or the person's guardian, dependent, or heir is

eligible to make a claim against the United States government

because of service in the United States armed forces or an

auxiliary service, including the maritime service or the merchant

marine; and

(2) the document is necessary to prove the claim.

(b) The issuance of a certified copy under this section may not

be considered in determining the maximum fee of the office.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 603.004. FEES FOR CERTIFICATES OR COPIES OF DOCUMENTS. (a)

Except as otherwise provided by law, the secretary of state,

land commissioner, comptroller, commissioner of agriculture,

Banking Commissioner, state librarian, attorney general, or other

officer of the state or a head of a state department shall

collect the following fees for the following services:

(1) a copy, other than a photographic copy, of a document in an

office in English, for each page or fraction of a page, $1.50;

(2) a copy, other than a photographic copy, of a document in an

office in a language other than English, for each page or

fraction of a page, $2;

(3) a translated copy of a document in an office, the greater of

$.03 for each word or $5;

(4) a copy of a plat or map in an office, a fee the officer of

the office in which the copy is made may establish with reference

to the amount of labor, supplies, and materials required; or

(5) a sealed certificate affixed to a copy, including a

certificate affixed to a photographic copy, $1.

(b) The state librarian may charge for a photographic copy a fee

determined by the Texas State Library and Archives Commission

with reference to the amount of labor, supplies, and materials

required.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 603.005. FEE FOR ACKNOWLEDGMENT. An officer who is

authorized by law to take acknowledgment or proof of a deed or

other written instrument shall receive the same fee a notary

public may receive for the same service.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 603.006. FEE BOOK. An officer who by law may charge a fee

for a service shall keep a fee book and shall enter in the book

all fees charged for services rendered.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 603.007. 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. 1, eff. Sept. 1,

1993.

Sec. 603.008. POSTING OF FEES REQUIRED. A county judge, clerk

of a district or county court, sheriff, justice of the peace,

constable, or notary public shall keep posted at all times in a

conspicuous place in the respective offices a complete list of

fees the person may charge by law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 603.009. DISPOSITION OF FEES. (a) Except as provided by

this section, an officer required to collect a fee under Section

603.004 shall deposit the fee in the state treasury to the credit

of the general revenue fund.

(b) Repealed by Acts 1999, 76th Leg., ch. 62, Sec. 7.61, eff.

Sept. 1, 1999.

(c) The Texas Employment Commission shall deposit fees in

accordance with federal law.

(d) The Texas State Library and Archives Commission shall retain

fees collected under this chapter by the state librarian.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.61, eff.

Sept. 1, 1999.

Sec. 603.010. OVERCHARGING OF FEES; PENALTY. An officer named

in this chapter who 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 unlawfully demanded and received.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.