ORDER N0. 18882
APPROVAL OF DISTRICT CLERK AND COUNTY CLERK
CHARGING A $50.00 FFE FOR HANDLING TRiJST FUNDS
On this the 4th day of August 1989, upon motion made by
Commissioner Ray, seconded by Commissioner Holekamp, with
Commissioner's Ray, Holekamp, and Morgan, and Judge Edwards
voting "AYE", and Commissioner Baldwin "ABSTAINING", said
motion to approve the District Clerk and the County Clerk
charging a $50.00 fee for handling Trust Funds, as per
Article 117.055, Vernon's Loral C,overnment Code, was approved
by a majority vote.
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COMMISSIONERS' COURT MEETING AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND SIX COPIES OF THIS_REC~UEST AND ANY
DOCUMENTS• TO BE REVIEWED BY THE COURT.
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MADE BY: Pat Oxe----------------------------OFFICE:_ Count Clerk-----------____--
MEETING DATE:__ Jinx 27:1989 ________________~IME PREFERRED: A.M. OR P.M.
SUBJECT: _SPLEASE BE SPECIFICS Permiis~sion frgn ~~m~~~iQn~r~!_~~_~g_~~g~______
$50.00 fee for the Dist. and County Clerk handling trust funds. (117.055 copy attached)
ESTIMATED LENGTH OF PRESENTATION: 10 Minutes
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PERSONNEL MATTER: NAME OF EMPLOYEE ~
NAME OF PERSON ADDRESSING THE COURT: Pat D_ye_______________________________
TIME FOR SUBMITTING THIS REQUEST FOR COURT TO ASSURE THAT THE MATTER
IS POSTED IN ACCORDANCE WITH ARTICLE 6252-1? IS AS FOLLOWS:
MEETINGS HELD ON SECOND MONDAY OF THE MONTH: 5:00 P.M. Previous Wednesday__
MEETINGS HELD ON OTHER DAYS: 5:00 P.M. Four Work Days_Before Meeting Date_______
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AGENDA REQUESTS MAY BE MADE ON OFFICE STATIONERY WITH. THE ABOVE
INFORMATION ATTACHED:
REQUEST RECEIVED BY:
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REQUEST RECEIVED ON: @ AM. - P.M.
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AGENDA REQUESTS WILL BE SCREENED BY THE COUNTY JUDGE'S OFFICE TO DE-
TERMINE IF ADEQUATE INFORMATION HAS BEEN PREPARED FOR TFiE COURT'S
FORMAL CONSIDERATION AND ACTION AT NEXT COURT MEETING. YOUR CO-
OPERATION WILL BE APPRECIATED AND CONTRIBUTE TOWARDS YOUR REQUEST
BEING ADDRESSED AT THE EARLIES OPPORTUNITY.
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Ch. 117
trust funds front the old depository to the new depository, sad the clerks may
d- aw ~ h~•~k:> on the accounts for this purprse.
(i,} t_:c::::pt a, t,,r~~i~iec! by ~ub~~.ection ;a), G clerk .r,a~, .zo- duty a ~he;:k ~~n
trust funds held by a depository except to pay a person entitled to the funds.
The payment must be made under an order of the court in which the funds
.i~zre depos~ted. Thc.• clerk shall place on the check the style and number of
the proceeding in which the money was deposited with the clerk.
(c) A depository shall release funds placed in time deposits under Section
i 17.05t if the fur_ds are required before maturity, but the depository is not
liable for interest earned on the amount withdrawn.
Acts 198?, 70th Leg., ch. 149, § ;, eff. Sept. 1, 1987.
§ 117.054. County Expenses Paid From Interest on Tirae Deposits
~a) A county is' entitled to receive a part of the interest earned on trust
funds placed in time deposits under Section 117.051. The amount received by
the county must be reasonably related to the accounting and administrative
expenses incurred by the county in handling the funds.
(b) The county auditor on behalf of the commissioners court or, if there is
no county auditor, the county treasurer shall deposit the amount of compen-
sation in the general fund of the county.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 117.055. County Expenses Paid From Feea
(a) To compensate the county for the accounting and administrative ex-
penses incurred in handling the trust funds for the benefit of litigants in civil
proceedings, the county may collect a =50 fee from the nonprevailing party in
the litigation or from the party the court designates.
(b) The county treasurer shall deposit the fee in the general fund of the
county.
Acts 19$7, 70th Leg., ch. 249. § 1, eff. Sept. I, 1987.
Amendment by Acts 1987, 70th Leg., ch. 91, $ 1; Acts 1987, 70th Leg., ch. 327, ~ 1
Section 1 of Acts 1987, 70th Leg., ch. 91, and Acts 1987, 70th Leg.,
ch. 327, § 1, purports to amend § 4c(a) and § 4c, respectively, of
Vernon's Ann.Civ.St. art. 25S8a know, this section) without reference to
the repeal of said article by Acts 1987, 70th Leg., ch. 149, § 49(1). As
so amended, § 4c of art. 2558a reads:
"(a) To offset the expense of !candling District Clerk and County
Clerk Trust Funds for the benefit of litigants in civil proceedings, in
addition to the District Clerk's Collection of fees as allowed by statute
or court order, a county may collect from the nonprevailing party i,t
the litigation or from the party the court shall designate a fee in an
amount set by the Commissioners Court, but not to excted ,8'S0.
263 .
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$50.00 ~ ~pS
AU~St 4 ~ 1g89
461
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