Sheriffs' & Constables' 2004 FeesEffective January 1, 2004
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In 1995, the Texas Legislature passed Senate Bill 770, which amended §118.131(f), Local Government Code to require each county commissioners court in this state to provide written notice to the Texas Comptroller of Public Accounts if there are any changes in the fees set for services performed by the offices of the sheriffs and constables. These fees do not apply to criminal cases.
A commissioners court is allowed to adopt fees to be charged for services by the offices of the sheriffs and constables. These fees must be reasonable and cannot be higher than is necessary to pay the expenses of providing the services.
The commissioners court must set the fees before October 1 of each year to be effective January 1 of the following year. The fees can only be set once during any one-year period.
On or before October 15 the commissioners court must provide written notice to the Comptroller of the amounts of the fees adopted. Before December 15, the Comptroller must compile and publish a report on the fee information. The Comptroller must then provide a copy of the report to:
- each commissioners court in the state;
- any statewide association of counties or of officers of counties that requests in writing before December 15 to be informed; and
- the State Bar of Texas.
The commissioners court is required to furnish the information to its district clerk, county clerk, justices of the peace, sheriff and constables, in their respective counties.