Commissioners table proposed sheriff and constable fee schedule after legal questions

HUTCHINSON COUNTY, Texas — The Hutchinson County Commissioners Court discussed proposed updates to sheriff and constable fees at length Sept. 9 and ultimately tabled the item to allow staff to verify legal authority and to consult the county attorney.

County staff presented proposed additions and adjustments that would align certain county fees with comparable counties and recover time and costs for services such as order of sale processing, aircraft retrieval at the airport, tax-warrant work, and increasing an existing hourly rate to $75. Staff also sought to add fees for executing bills of sale and deeds and a distress warrant fee.

Discussion focused on whether a proposed bailiff fee could be lawfully collected at the county level for county-court civil filings. Presenters said the local government code language allows a bailiff fee for district court civil filings but not for county court civil filings. Commissioners asked staff to confirm the legal basis and to mark any fees that apply only to district court so there is no confusion.

County staff and the sheriff said many of the proposed fees already are charged informally or not charged at all; the updates were presented chiefly to offset labor and equipment costs. Commissioners asked that the county attorney review the package for permissibility, and the court voted to table the proposal to a future meeting to allow that review.

A motion to table the fee changes carried; staff were directed to return the item with county-attorney input and clarified notes on which courts or departments may collect each fee.