ORDER N0.28829 SHERIFF AND CONSTABLE FEES Came to be heard this the 27~h day of September 2004 with a motion made by Commissioner Baldwin, and a Second made by Commissioner Williams, the Court unanimously approved a vote of 4-0-0 the following fees as required under LGC 118.131. Notices• Subpoenas $60.00 Summons $60.00 Writ of Attachment $200.00 Writ of Garnishment $200.00 Writ of Sequestration $200.00 Orders of Sale (Tax Warrants) $200.00 Writ of Possession $200.00 Forcible Detainer $200.00 Service Fees• Small Claims Citation $45.00 Justice Court Citations $45.00 All other Court Citations $60.00 Other Service Fees: Brady Bill $10.00 Fingerprints $ 5.00 Execution/Processing Arrest Warrant $50.00 Writ of Execution $200.00 Posting Written Notices $60.00 Temporary Restraining Orders $60.00 Injunctions $60.00 Notices $60.00 Precepts $60.00 Writ of Restitution $200.00 Sheriff's Bailiff Fee $15.00 a g~'z~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jannett Pieper MEETING DATE: September 27, 2004 SUBJECT: (Please Be Specific) OFFICE: Count.~Clerk TIME PREFERRED: Consider and discuss setting the Sheriff and Constables' Fees as required under LGC Sec. 118.131 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING COURT: Sheriff and/or Constables ESTIMATED LENGTH OF PRESENTATION: 10 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting schedule for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. To: Rusty Hierholzer, Sheriff Constables 1, 2, 3, & 4 From: Jannett Pieper, Clerk Date: August 3, 2004 Re: Sheriff and Constable Fees Attached is a letter from the Texas Comptrollers office, a copy of the fees as were published with two mistakes that I have found, and a copy of the Commissioners' Court Order from last year showing the fees that were adopted. The Records Management, Courthouse Security for real property, criminal and civil is not a sheriff or constable fee and should be eliminated from the list, even though some of the money is credited to the Sheriff's line item. September 27`t', I will be putting this on the agenda for the Commissioners Court to set the fees for the year 2004/2005. Should you wish to have any of the fees changed, you will need to present it to the Commissioners Court at that time. ,ttiE Cp~A °~ > : _ '~o TEXAS COMPTROLLER OF PUBLIC ACCOUNTS v ~ ~~ P.O. BOX 13528 * ~ AUSTIN, TX 78711-3528 TEXAS CAROLE KEETON STRAYHORN Texas Comptroller August 1, 2004 The Honorable Jannett Pieper County Clerk Kerr County 700 Main Street, Suite 122 Kerrville, Texas 78028-5326 Dear Jannett: My office is in the process of compiling the 2005 Sheriffs' and Constables' Fees report as required under Local Government Code, § 118.131. This law permits each commissioners' court to set fees to be charged for services by the offices of the sheriff and constables and directs that these fees be reported to the Comptroller. By law, these fees must be set before October 1, 2004 and reported to my office no later than October 15, 2004. My office will publish fees that will become effective January 1, 2005 in a report that will be released no later than December 15, 2004. Enclosed is a copy of your county's current fees, as listed in the 2004 report, and instructions on how to report the fees to my office. It is very important that you report your fees on the form provided. Also enclosed is a postage-paid envelope for your convenience. If you have any questions regarding this matter, please contact Justine Martone, of my Local Government Assistance Division, by e-mail at justine.martone@cpa.state.tx.us or by phone at 1-800-531-5441, extension 3-4690. Please know that I welcome your good advice at any time. Thanks for all that you do for Texas. Sincerely, Texas Comptroller Enclosures The Honorable Pat Tinley Justine Martone iTl~ file Sheriff and Constable Fee Update Due by October 15, 2004 ATTENTION: County Judge and Commissioners Court Changes to your Sheriff and Constable fees for 2005, as authorized by Local Government Code §118.131 must be submitted to the Comptroller's office no later than October 15, 2004. To meet this deadline and to comply with the law you must: ~ place this item on your commissioners court meeting agenda before October 1; 2004; «~' adopt the fees before October 1, 2004. Failure to meet this deadline will result in fees reverting back to those fees provided by law in effect on August 31, 1981. If properly adopted, these newly adopted fees will take effect January 1, 2005. ATTENTION: County Clerk The enclosed fee sheet shows the Sheriff and Constables' fees that were in effect in 2004 for your county. Please use the enclosed form to update your county's 2005 Sheriff and Constables' fees information: ~' If there are no changes to your fees, please indicate this information on the form by marking the "no changes in fee amounts" box. ~' If the commissioners court adopted changes before October 1, 2004, please note these changes to the fee amounts by crossing out the old fee and replacing it with the new fee in the space provided. ~' Please add any new fees your county may have adopted for 2005 in the blank lines provided. ~' If there are no changes to the address and phone number please indicate this by checking the box next to "no changes in published address phone number." ~ If there is a change to the address or phone number, please provide the new address and phone number that you want to appear in the manual. ~ Sign and date the form. ~' Mail to the Comptroller, in the postage paid envelope provided or to Texas Comptroller of Public Accounts, P.O. Box 13528, Austin, Texas 78711-9939 no later tha ctober 15, 2004. The Comptroller's office will only accept changes made on this form ned b the county clerk. Thank you for your assistance with this matter. If you have questions, please call Justine Martone at 1-800-531-5441, ext 3-4690. CAROLE KEETON STRAYHORN TEXAS COMPTROLLER ~.~,< ~d~> ORDER N0.28329 SHERIFF AND CONSTABLE FEES On this the 22 day of September 2003 upon motion made by Commissioner Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0 to setting the Sheriff's and Constables fees as required under LGC § 118.131 as follows: Notices: Subpoenas Sununons Writ of Attachment Writ of Garnishment Writ of Sequestration Order of Sale {Tax W Writ of Possession $60.00 $60.00 $200.00 $2ao.oo $200.00 arrants) $200.00 $200.00 ~^, ,t .~, Forcible Detainer '$100.00` Service Fees: Small Claims Citation Justice Court Citation All Other Courts' Citation Notices $45.00 ~ ,"' $45.00 ~ IgR,i~,i~ ~;,c~,~~ ~~ -tY~~{'.4~~~)~,~ ~ ~`~-S_ 60:00 ~~~~ - Other Service Fees: Brady Bill $10.00, Fingerprints $5.00, Execution/Processing Arrest Warrant $50.00, Record Management $5.00, Courthouse Security (Real Property Filing) $1.00, Courthouse Security (Criminal Cases) $3.00, Courthouse Security (Civil Cases) $5.04, Writ of Execution $200.00, Posting Written Notices $60.00, Temporary Restraining Orders $60.00, Injunctions $60.00, Notices $60.00, Precepts $60.00, Writ of Restitution $200.00, Sheriff's Bailiff Fee $15.00. KERB COUNTY No changes in fee amounts: ^ Notices: Subpoenas ......................................... $ 60.00 Summons .......................................... $ 60.00 Writ of Attachment ........................... $200.00 Writ of Garnishment ......................... $200.00 Writ of Sequestration ........................ $200.00.. Orders of Sale (Tax Warrants) ......,.. $200.00 Writ of Possession ............................ $ 200.00 Forcible Detainer .............................. $ 200.00 NEW FEE Service Fees: Small Claims Citation ....................... $ 45.00 Justice Court Citation ....................... $ 46.UG ~ All Other Courts' Citations .............. -$--~~ Other Service Fees: Brady Bill ......................................... $ 10.00 Fingerprints ...................................... $ 5.00 Execution/Processing .Arrest Warrant .............................. $ 50.00 . ~e ent ........................ ~ ~-0e-- ~L~- .. ................... --$r --~-9A- ~L'fi s ........................... ~~i~ ' ~$~ ~ -3:90 Dc f e~K- ~ ~,. I - ~ tses ~ f Writ of Execution ............................ QG c ~~ - $200.00 Posting Written Notices ................... $ 60.00 Temporary Restraining Orders ........ $ 60.00 Injunctions ....................................... $ 60.00 Notices ............................................. $ 60.00 Precepts ............................................ $ 60.00 Writ of Restitution ........................... $200.00 Sherit~'s Bailiff Fee ......................... $ 15.00 Address: Sheriff Rusty Hierholzer, 400 Clear Water Paseo, Kerrville, Texas 78028, phone - ~'3~- ~' ~C~ - iziC.E, (over, please) gERR COUNTY (continued) No changes in Published Address/Phone Number: ^ Changes to published Address: Changes to published Phone#: a ~~ - g ~l ~ ' 'Z~ W I hereby acknowledge that t~hJese are the true and correct Sheriffs and Constable's fees in Kerr County as of 7'0~7-~ to be effective January 1, 2005. DATE /~/, ~ Q Kerr County Clerk: ~JAAI~~GII T/,~~t~! (plepse print) Signature: t--