Overall Vote Recommendation

Vote Yes; Amend

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 1547 proposes amendments to Sections 118.011(a) and (e) of the Texas Local Government Code. This bill updates and clarifies the statutory fees that county clerks may charge for a variety of property-related services, including the filing and copying of personal and real property records, and the issuance of certified and non-certified copies of documents in both paper and electronic formats. The proposed fee schedule establishes consistent pricing structures across document types and formats, adjusting for both the physical number of pages and whether documents are being requested or submitted electronically.

The bill maintains the $5.00 fee for filing the first page of a personal or real property record and $4.00 for each additional page. It sets a $0.25 fee per name for indexing more than five names. For certified copies, the clerk’s certificate costs $5.00, with an added $1.00 per page for paper or electronic conversions. For electronic document copies, the bill proposes $1.00 per document (up to 10 pages) and $0.10 per page beyond that. Non-certified documents follow similar fee structures, with distinctions made between paper and electronic formats, and exemptions noted for certain types of real property records.

The intent behind SB 1547 appears to be administrative modernization—especially accounting for the increased use of digital formats—while maintaining transparency and consistency in public recordkeeping. By defining fees for newer document types and delivery methods, the bill ensures that county clerks have statutory guidance for charging and delivering services in a technologically evolving administrative environment.

The originally filed version of SB 1547 proposed a comprehensive overhaul of the fees county clerks may charge for a wide range of services. It maintained the existing fee structure for personal and real property records but also included a broader set of clerk-related services, such as fees for birth and death certificates, marriage licenses, brand registrations, and oath administration. Notably, the original version incorporated a provision (subsection e) linking electronic document fee structures to the Texas Public Information Act, specifically Government Code Sections 552.231 and 552.262, which govern cost calculations for non-paper public information.

In contrast, the Committee Substitute version of SB 1547 significantly narrows the bill’s scope. It focuses exclusively on fees related to the filing and copying of personal and real property records and the issuance of certified and non-certified document copies in paper or electronic formats. This version omits the additional service categories like marriage licenses and oaths, thereby limiting the bill’s impact on property records management. It also eliminates subsection (e), removing the requirement for county clerks to align non-paper copy fees with the broader provisions of the Public Information Act. This suggests an intent to localize control over fee structures and streamline recordkeeping in the digital age.

The changes reflect a strategic simplification of the bill, likely in response to concerns about overreach or redundancy. By tightening the focus to property records and related documentation, the substitute may find broader legislative support while still achieving key modernization goals. The omission of the Public Information Act cross-reference also appears to grant clerks clearer, more direct statutory authority over how they assess fees for digital records, potentially avoiding conflicts or confusion with general open records requirements.

Author

Judith Zaffirini

Sponsor

Angelia Orr

Contact the Author

Sen. Judith Zaffirini

Capitol Phone:

(512) 463-0121

Capitol Office:

CAP 1E.13

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1547 is not expected to have any fiscal impact on the state budget. This indicates that the fee adjustments and clarifications made in the bill regarding services provided by county clerks are considered revenue-neutral from the perspective of state-level finances. The changes are administrative in nature and do not alter state appropriations or require additional state resources for implementation.

For local governments, particularly counties that operate county clerk offices, the fiscal note anticipates no significant fiscal impact. While the bill modifies and standardizes fee structures—especially in the context of electronic document services—the overall revenue generated by county clerks is not expected to change materially. This suggests that the proposed fees largely reflect current practices or are calibrated in a way that maintains existing revenue levels, rather than increasing or reducing income for counties.

In sum, SB 1547, as substituted, is designed to modernize and clarify how document-related fees are assessed by county clerks without imposing financial burdens on the state or significantly altering the fiscal landscape for local government entities. Its primary effect is procedural and operational, rather than budgetary.

Vote Recommendation Notes

SB 1547 addresses an overreach introduced in a prior legislative session (SB 1612) that inadvertently allowed county clerks to charge fees for electronic copies of real property records that exceeded the actual cost of production. This created a legal conflict with the Texas Public Information Act, which mandates that fees for public records reflect actual costs and do not constitute excessive charges. The committee substitute version of SB 1547 corrects this by removing the specific $0.10 per page charge for electronic copies of real property records and realigns fee assessments with the Government Code Sections 552.231 and 552.262.

This course correction aligns with principles of limited government and individual liberty, ensuring transparency and fairness in public access to records. It also reflects a commitment to personal responsibility, by ensuring public officials adhere to cost-based standards when providing services. From a private property rights perspective, the bill promotes equitable access to documentation essential to proving or defending property ownership.

However, while the bill takes important steps to address concerns over excessive fees, the removal of subsection (e) in the Committee Substitute version (as compared to the originally filed version) potentially weakens compliance safeguards by no longer explicitly requiring adherence to cost limitations under the Public Information Act. To fully reinforce the liberty-aligned goal of fair public access, an amendment reinstating this compliance clause or clarifying enforcement mechanisms would better ensure lasting accountability.

In sum, SB 1547 makes significant improvements to restore fairness and legal consistency in property record fees, and as such, Texas Policy Research recommends that lawmakers vote YES on SB 1547, but a narrowly targeted amendment could further strengthen its alignment with liberty principles.

Related Legislation

HB 3733 (Same As)

View Bill Text and Status