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SUBCHAPTER F. FEES OF
SHERIFF AND CONSTABLE
§ 118.131. Fees Set by
Commissioners Court
(a) The commissioners
court of a county may set reasonable fees to be charged for services by the
offices of the sheriff and constables.
(b) The commissioners
court may not set fees higher than is necessary to pay the expenses of
providing the services.
(c) The commissioners
court may not set fees under this section more than once during any one-year
period.
(d) The commissioners
court must set the fees before October 1 of each year to be effective
January 1 of the following year.
(e) A notice setting out
the fees shall be posted in the same manner in which notices are posted
under Section 81.007 and shall be posted in the offices of the county
officials who are authorized to charge the fees.
(f) On or before October
15 of the year in which the fees are initially set, the commissioners court
shall provide written notice of the amounts of the fees to the comptroller.
If the commissioners court changes the amount of a fee set under this
section, the commissioners court shall provide to the comptroller, on or
before October 15 of the year in which the amount is changed, a written
notice of the change in the amount of the fee. Before December 15 of each
year, the comptroller shall compile the fee information provided by counties
and send the compilation to:
(1) the commissioners
court of each county in this state;
(2) any statewide
association of counties or of officers of counties that requests in writing
before December 15 to be informed; and
(3) the State Bar of
Texas.
(g) A commissioners
court that receives a notice under Subsection (f)(1) shall furnish the
notice to its district clerk, county clerk, justices of the peace, sheriff,
and constables.
(h) If the commissioners
court does not set fees under this section, the fees for services by the
offices of the sheriff and constables are those fees provided by law in
effect on August 31, 1981.
(i) The commissioners
court may not assess an applicant a fee in connection with the filing,
serving, or entering of a protective order. A fee may not be charged to an
applicant to dismiss, modify, or withdraw a protective order.
Acts 1987, 70th Leg., ch.
149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, §
21(a), eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 326, § 1, eff. May 29,
1993; Acts 1995, 74th Leg., ch. 144, § 1, eff. Aug. 28, 1995; Acts 1995,
74th Leg., ch. 1024, § 19, eff. Sept. 1, 1995.