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A BILL TO BE ENTITLED
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AN ACT
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relating to the consolidation and allocation of state civil court |
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costs; increasing certain civil court costs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.2021(b), Government Code, is amended |
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to read as follows: |
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(b) To fund the system, the commissioners court shall use |
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the court costs fee collected as provided by Sections 133.151(a)(6) |
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and 133.1511(a)(4), Local Government Code, [set a court costs fee |
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of not more than $5] for each civil suit filed in county court, |
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county court at law, probate court, or district court in the county. |
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SECTION 2. Section 22.2031(b), Government Code, is amended |
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to read as follows: |
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(b) To fund the system, the commissioners court shall use |
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the court costs fee collected as provided by Sections 133.151(a)(6) |
|
and 133.1511(a)(4), Local Government Code, [set a court costs fee |
|
of $5] for each civil suit filed in county court, statutory county |
|
court, statutory probate court, or district court in the county. |
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SECTION 3. Section 22.2041(b), Government Code, is amended |
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to read as follows: |
|
(b) To fund the system, the commissioners court shall use |
|
the court costs fee collected as provided by Sections 133.151(a)(6) |
|
and 133.1511(a)(4), Local Government Code, [set a court costs fee |
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of $5] for each civil suit filed in county court, county court at |
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law, probate court, or district court in the county. |
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SECTION 4. Section 22.2051(b), Government Code, is amended |
|
to read as follows: |
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(b) To fund the system, the commissioners court shall use |
|
the court costs fee collected as provided by Sections 133.151(a)(6) |
|
and 133.1511(a)(4), Local Government Code, [set a court costs fee |
|
of not more than $5] for each civil suit filed in county court, |
|
county court at law, probate court, or district court in the county. |
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SECTION 5. Section 22.2061(b), Government Code, is amended |
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to read as follows: |
|
(b) To fund the system, the commissioners court shall use |
|
the court costs fee collected as provided by Sections 133.151(a)(6) |
|
and 133.1511(a)(4), Local Government Code, [set a court costs fee |
|
of not more than $5] for each civil suit filed in county court, |
|
county court at law, probate court, or district court in the county. |
|
SECTION 6. Section 22.2071(b), Government Code, is amended |
|
to read as follows: |
|
(b) To fund the system, the commissioners court shall use |
|
the court costs fee collected as provided by Sections 133.151(a)(6) |
|
and 133.1511(a)(4), Local Government Code, [set a court costs fee |
|
of $5] for each civil suit filed in county court, statutory county |
|
court, probate court, or district court in the county. |
|
SECTION 7. Section 22.2081(b), Government Code, is amended |
|
to read as follows: |
|
(b) To fund the system, the commissioners court shall use |
|
the court costs fee collected as provided by Sections 133.151(a)(6) |
|
and 133.1511(a)(4), Local Government Code, [set a court costs fee |
|
of $5] for each civil suit filed in a county court, statutory county |
|
court, probate court, or district court in the county. |
|
SECTION 8. Section 22.2091(b), Government Code, is amended |
|
to read as follows: |
|
(b) To fund the system, the commissioners court shall use |
|
the court costs fee collected as provided by Sections 133.151(a)(6) |
|
and 133.1511(a)(4), Local Government Code, [set a court costs fee |
|
of $5] for each civil suit filed in a county court, statutory county |
|
court, statutory probate court, or district court in the county. |
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SECTION 9. Section 22.2101(b), Government Code, is amended |
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to read as follows: |
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(b) To fund the system, the commissioners court shall use |
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the court costs fee collected as provided by Sections 133.151(a)(6) |
|
and 133.1511(a)(4), Local Government Code, [set a court fee of $5] |
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for each civil suit filed in county court, county court at law, |
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probate court, or district court in the county. |
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SECTION 10. Subchapter C, Chapter 22, Government Code, is |
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amended by adding Section 22.2111 to read as follows: |
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Sec. 22.2111. APPELLATE JUDICIAL SYSTEM. (a) The |
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commissioners court of each county in the Tenth Court of Appeals |
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District by order entered in its minutes shall establish an |
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appellate judicial system to: |
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(1) assist the court of appeals for the county in the |
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processing of appeals filed with the court of appeals from the |
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county courts, statutory county courts, statutory probate courts, |
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and district courts; and |
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(2) defray costs and expenses incurred in the operation of |
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the court of appeals. |
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(b) To fund the system, the commissioners court shall use |
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the court costs fee collected as provided by Sections 133.151(a)(6) |
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and 133.1511(a)(4), Local Government Code, for each civil suit |
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filed in county court, statutory county court, statutory probate |
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court, or district court in the county. |
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(c) The court costs fee does not apply to a suit filed by any |
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governmental entity or to a suit for delinquent taxes. |
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(d) The court costs fee shall be taxed, collected, and paid |
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as other court costs in a suit. The clerk of the court shall collect |
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the court costs fee set under this section and pay it to the county |
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officer who performs the county treasurer's functions. That officer |
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shall deposit the fee in a separate appellate judicial system fund |
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for the court of appeals district. The fund may not be used for any |
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other purpose. |
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(e) The funds collected under this section must be forwarded |
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monthly to the court of appeals for expenditure by the court of |
|
appeals. |
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(f) The chief justice of the court of appeals is responsible |
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for management of the funds forwarded to the court of appeals under |
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this section and has sole discretion as to the use of the funds, |
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except that the funds must be used for purposes consistent with the |
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purposes of the appellate judicial system as described by |
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Subsection (a). |
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SECTION 11. Section 22.2121(b), Government Code, is amended |
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to read as follows: |
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(b) To fund the system, the commissioners court shall use |
|
the court costs fee collected as provided by Sections 133.151(a)(6) |
|
and 133.1511(a)(4), Local Government Code, [set a court costs fee |
|
of $5] for each civil suit filed in county court, statutory county |
|
court, probate court, or district court in the county. |
|
SECTION 12. Section 22.2131(b), Government Code, is amended |
|
to read as follows: |
|
(b) To fund the system, the commissioners court shall use |
|
the court costs fee collected as provided by Sections 133.151(a)(6) |
|
and 133.1511(a)(4), Local Government Code, [set a court costs fee |
|
of $5] for each civil suit filed in county court, statutory county |
|
court, probate court, or district court in the county. |
|
SECTION 13. Section 22.2141(b), Government Code, is amended |
|
to read as follows: |
|
(b) To fund the system, the commissioners court shall use |
|
the court costs fee collected as provided by Sections 133.151(a)(6) |
|
and 133.1511(a)(4), Local Government Code, [set a court costs fee |
|
of not more than $5] for each civil suit filed in a county court, |
|
county court at law, probate court, or district court in the county. |
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SECTION 14. Section 26.007(a), Government Code, is amended |
|
to read as follows: |
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(a) Beginning on the first day of the state fiscal year, the |
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state shall annually compensate each county that collects the |
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additional fees and costs under Section 51.703 of this code or |
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Section 133.1511(d), Local Government Code, in an amount equal to |
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$5,000 if the county judge is entitled to an annual salary |
|
supplement from the state under Section 26.006. |
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SECTION 15. Sections 51.702(c) and (d), Government Code, |
|
are amended to read as follows: |
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(c) Court costs and fees due under this section or Section |
|
133.1511(c), Local Government Code, shall be collected in the same |
|
manner as other fees, fines, or costs are collected in the case. |
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(d) The clerk shall deposit the fees and costs collected |
|
under this section or Section 133.1511(c), Local Government Code, |
|
to be sent to the comptroller as provided by Subchapter B, Chapter |
|
133, Local Government Code. The comptroller shall deposit the fees |
|
in the judicial fund. |
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SECTION 16. Sections 51.703(c), (d), and (f), Government |
|
Code, are amended to read as follows: |
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(c) Court costs and fees due under this section or Section |
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133.1511(d), Local Government Code, shall be collected in the same |
|
manner as other fees, fines, or costs are collected in the case. |
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(d) The clerk shall deposit the fees and costs collected |
|
under this section or Section 133.1511(d), Local Government Code, |
|
to be sent to the comptroller as provided by Subchapter B, Chapter |
|
133, Local Government Code. The comptroller shall deposit the fees |
|
in the judicial fund. |
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(f) A clerk may not collect a fee under Section 133.1511(d), |
|
Local Government Code, [this section] and under Section |
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133.1511(c), Local Government Code [51.702(a)]. |
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SECTION 17. Sections 51.704(b), (c), and (i), Government |
|
Code, are amended to read as follows: |
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(b) Court fees due under Section 133.1511(e), Local |
|
Government Code, [this section] shall be collected in the same |
|
manner as other fees, fines, or costs are collected in the case. |
|
(c) The clerk shall deposit the fees collected under Section |
|
133.1511(e), Local Government Code, [this section] to be sent to |
|
the comptroller as provided by Subchapter B, Chapter 133, Local |
|
Government Code. The comptroller shall deposit the fees in the |
|
judicial fund. |
|
(i) A clerk may not collect a fee under Section 133.1511(e), |
|
Local Government Code, [this section] and under Section [51.701 or] |
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51.702 of this code or Section 133.1511(c), Local Government Code. |
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SECTION 18. Sections 51.851(b), (c), (e), (f), (g), (i), |
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(j), and (k), Government Code, are amended to read as follows: |
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(b) In addition to other fees authorized or required by law, |
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the clerk of the supreme court or[,] a court of appeals[, a district |
|
court, a county court, a statutory county court, or a statutory |
|
probate court] shall collect a $30 fee on the filing of any civil |
|
[action or proceeding requiring a filing fee, including an] |
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appeal[, and on the filing of any counterclaim, cross-action, |
|
intervention, interpleader, or third-party action requiring a |
|
filing fee] to be used as provided by Section 51.852. A fee |
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authorized by Section 133.151(a)(4) or 133.1511(a)(2), Local |
|
Government Code, by a district court, a county court, a statutory |
|
county court, or a statutory probate court on the filing of any |
|
civil action or proceeding requiring a filing fee and on the filing |
|
of any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee shall be used as provided |
|
by Section 51.852. |
|
(c) A fee authorized by Section 133.1512(2), Local |
|
Government Code, [In addition to other fees authorized or required |
|
by law, the clerk of a justice court shall collect a $10 fee] on the |
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filing of any civil action or proceeding requiring a filing fee, |
|
including an appeal, and on the filing of any counterclaim, |
|
cross-action, intervention, interpleader, or third-party action |
|
requiring a filing fee shall [to] be used as provided by Section |
|
51.852. |
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(e) A court may waive payment of a court cost or fee due |
|
under this section or Section 133.151(a)(4), 133.1511(a)(2), or |
|
133.1512(2), Local Government Code, for an individual the court |
|
determines is indigent. |
|
(f) Court costs and fees due under this section or Section |
|
133.151(a)(4), 133.1511(a)(2), or 133.1512(2), Local Government |
|
Code, shall be collected in the same manner as other fees, fines, or |
|
costs in the case. |
|
(g) The clerk of a district court, a county court, a |
|
statutory county court, a statutory probate court, or a justice |
|
court shall deposit the court costs and fees collected under this |
|
section or Section 133.151(a)(4), 133.1511(a)(2), or 133.1512(2), |
|
Local Government Code, in the appropriate local treasury and remit |
|
the court costs and fees to the comptroller in the manner provided |
|
by Subchapter B, Chapter 133, Local Government Code. |
|
(i) The comptroller shall deposit the court costs and fees |
|
received under this section or Section 133.151(a)(4), |
|
133.1511(a)(2), or 133.1512(2), Local Government Code, to the |
|
credit of the statewide electronic filing system fund established |
|
under Section 51.852. |
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(j) The comptroller may audit the records of a county |
|
related to costs and fees collected under this section or Section |
|
133.151(a)(4), 133.1511(a)(2), or 133.1512(2), Local Government |
|
Code. |
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(k) Money spent from costs and fees collected under this |
|
section or Section 133.151(a)(4), 133.1511(a)(2), or 133.1512(2), |
|
Local Government Code, is subject to audit by the state auditor. |
|
SECTION 19. Section 51.971, Government Code, is amended to |
|
read as follows: |
|
Sec. 51.971. JUDICIAL AND COURT PERSONNEL TRAINING |
|
FEE. (a) A filing fee required by Section 133.151(a)(5), |
|
133.1151(a)(3), or 133.1152(3), Local Government Code, is [In |
|
addition to other fees authorized or required by law, the clerk of a |
|
district court, county court, statutory county court, statutory |
|
probate court, or justice court shall collect a $5 fee on the filing |
|
of any civil action or proceeding requiring a filing fee, including |
|
an appeal, and on the filing of any counterclaim, cross-action, |
|
intervention, interpleader, or third party action requiring a |
|
filing fee] to be used as provided under Section 56.003. |
|
(b) A court may waive payment of a fee due under Section |
|
133.151(a)(5), 133.1151(a)(3), or 133.1152(3), Local Government |
|
Code, [this section] for an individual the court determines is |
|
indigent. |
|
(c) Fees due under Section 133.151(a)(5), 133.1151(a)(3), |
|
or 133.1152(3), Local Government Code, [this section] shall be |
|
collected in the same manner as other fees, fines, or costs in the |
|
case. |
|
(d) The clerk of a district court, county court, statutory |
|
county court, statutory probate court, or justice court shall |
|
deposit the court costs and fees collected under Section |
|
133.151(a)(5), 133.1151(a)(3), or 133.1152(3), Local Government |
|
Code, [this section] in the appropriate local treasury and remit |
|
the court costs and fees to the comptroller in the manner provided |
|
under Subchapter B, Chapter 133, Local Government Code. |
|
(e) The comptroller shall deposit the fees received under |
|
Section 133.151(a)(5), 133.1151(a)(3), or 133.1152(3), Local |
|
Government Code, [this section] to the credit of the judicial and |
|
court personnel training fund established under Section 56.001. |
|
(f) The comptroller may audit the records of a county |
|
related to costs and fees collected under Section 133.151(a)(5), |
|
133.1151(a)(3), or 133.1152(3), Local Government Code [this |
|
section]. |
|
(g) Money spent from costs and fees collected under Section |
|
133.151(a)(5), 133.1151(a)(3), or 133.1152(3), Local Government |
|
Code, [this section] is subject to audit by the state auditor. |
|
SECTION 20. Section 101.0611, Government Code, as effective |
|
September 1, 2019, is amended to read as follows: |
|
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a district court shall collect fees and costs |
|
under the Government Code as follows: |
|
(1) [appellate judicial system filing fees for: |
|
[(A) First or Fourteenth Court of Appeals |
|
District (Sec. 22.2021, Government Code) . . . not more than $5; |
|
[(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
[(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
[(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
[(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
[(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
[(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
[(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
[(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
[(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
[(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
[(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
[(2)] when administering a case for the Rockwall |
|
County Court at Law (Sec. 25.2012, Government Code) . . . civil fees |
|
and court costs as if the case had been filed in district court; |
|
(2) [(3)] additional filing fees: |
|
(A) for each suit filed for insurance contingency |
|
fund, if authorized by the county commissioners court (Sec. 51.302, |
|
Government Code) . . . not to exceed $5; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(E) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; |
|
(F) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; |
|
(G) to fund the construction, renovation, or |
|
improvement of Hidalgo County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; and |
|
(H) to fund the construction, renovation, or |
|
improvement of Cameron County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; |
|
(3) [(4)] for filing a suit, including an appeal from |
|
an inferior court: |
|
(A) for a suit with 10 or fewer plaintiffs (Sec. |
|
51.317, Government Code) . . . $50; |
|
(B) for a suit with at least 11 but not more than |
|
25 plaintiffs (Sec. 51.317, Government Code) . . . $75; |
|
(C) for a suit with at least 26 but not more than |
|
100 plaintiffs (Sec. 51.317, Government Code) . . . $100; |
|
(D) for a suit with at least 101 but not more than |
|
500 plaintiffs (Sec. 51.317, Government Code) . . . $125; |
|
(E) for a suit with at least 501 but not more than |
|
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or |
|
(F) for a suit with more than 1,000 plaintiffs |
|
(Sec. 51.317, Government Code) . . . $200; |
|
(4) [(5)] for filing a cross-action, |
|
counterclaim, intervention, contempt action, motion for new trial, |
|
or third-party petition (Sec. 51.317, Government Code) . . . $15; |
|
(5) [(6)] for issuing a citation or other writ or |
|
process not otherwise provided for, including one copy, when |
|
requested at the time a suit or action is filed (Sec. 51.317, |
|
Government Code) . . . $8; |
|
(6) [(7)] for records management and preservation |
|
(Sec. 51.317, Government Code) . . . $10; |
|
(7) [(7-a)] for district court records archiving, if |
|
adopted by the county commissioners court (Sec. 51.317(b)(5), |
|
Government Code) . . . not more than $5; |
|
(8) for issuing a subpoena, including one copy (Sec. |
|
51.318, Government Code) . . . $8; |
|
(9) for issuing a citation, commission for deposition, |
|
writ of execution, order of sale, writ of execution and order of |
|
sale, writ of injunction, writ of garnishment, writ of attachment, |
|
or writ of sequestration not provided for in Section 51.317, or any |
|
other writ or process not otherwise provided for, including one |
|
copy if required by law (Sec. 51.318, Government Code) . . . $8; |
|
(10) for searching files or records to locate a cause |
|
when the docket number is not provided (Sec. 51.318, Government |
|
Code) . . . $5; |
|
(11) for searching files or records to ascertain the |
|
existence of an instrument or record in the district clerk's office |
|
(Sec. 51.318, Government Code) . . . $5; |
|
(12) for abstracting a judgment (Sec. 51.318, |
|
Government Code) . . . $8; |
|
(13) for approving a bond (Sec. 51.318, Government |
|
Code) . . . $4; |
|
(14) for a certified copy of a record, judgment, |
|
order, pleading, or paper on file or of record in the district |
|
clerk's office, including certificate and seal, for each page or |
|
part of a page (Sec. 51.318, Government Code) . . . not to exceed $1; |
|
(15) for a noncertified copy, for each page or part of |
|
a page (Sec. 51.318, Government Code) . . . not to exceed $1; |
|
(16) fee for performing a service: |
|
(A) related to the matter of the estate of a |
|
deceased person (Sec. 51.319, Government Code) . . . the same fee |
|
allowed the county clerk for those services; |
|
(B) related to the matter of a minor (Sec. |
|
51.319, Government Code) . . . the same fee allowed the county clerk |
|
for the service; |
|
(C) of serving process by certified or registered |
|
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or |
|
constable is authorized to charge for the service under Section |
|
118.131, Local Government Code; |
|
(D) prescribed or authorized by law but for which |
|
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; |
|
and |
|
(E) related to a matter filed in a statutory |
|
county court (Sec. 51.319, Government Code) . . . the same fees |
|
allowed the district clerk for those services in the district |
|
court; |
|
(17) jury fee (Sec. 51.604, Government Code) . . . $40; |
|
(18) additional filing fee for family protection on |
|
filing a suit for dissolution of a marriage under Chapter 6, Family |
|
Code (Sec. 51.961, Government Code) . . . not to exceed $15; and |
|
(19) at a hearing held by an associate judge appointed |
|
under Subchapter B, Chapter 54A, Government Code, a court cost to |
|
preserve the record, in the absence of a court reporter, by any |
|
means approved by the associate judge (Sec. 54A.110, Government |
|
Code) . . . as assessed by the referring court or associate judge[; |
|
and |
|
[(20) statewide electronic filing system fund fee |
|
(Sec. 51.851, Government Code) . . . $30]. |
|
SECTION 21. Section 101.0613, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.0613. DISTRICT COURT FEES AND COSTS: HUMAN |
|
RESOURCES CODE. The clerk of a district court shall collect fees |
|
and costs under the Human Resources Code as follows: |
|
(1) [for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $4; |
|
[(2)] fee on filing a suit for dissolution of a |
|
marriage for services of child support department in Harris County, |
|
if authorized by the county commissioners court (Sec. 152.1074, |
|
Human Resources Code) . . . not to exceed $12; |
|
(2) [(3)] a child support service fee in Nueces County |
|
if ordered by the commissioners court and assessed by the court |
|
(Sec. 152.1844, Human Resources Code) . . . not to exceed $5 a month |
|
payable annually in advance; |
|
(3) [(4)] a service fee to be paid by a person ordered |
|
by a district court to pay child or spousal support: |
|
(A) in Collin County if authorized by the |
|
juvenile board (Sec. 152.0492, Human Resources Code) . . . not to |
|
exceed $2.50 added to first support payment each month; and |
|
(B) in Johnson County if authorized by the |
|
juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00 |
|
added to first support payment each month; |
|
(4) [and |
|
[(C) in Montague County (Sec. 152.1752, Human |
|
Resources Code) . . . $1 if fee is ordered to be paid monthly, 50 |
|
cents if fee is ordered to be paid semimonthly or weekly; |
|
[(5) attorney's fees as an additional cost in Montague |
|
County on a finding of contempt of court for failure to pay child or |
|
spousal support if the contempt action is initiated by the |
|
probation department (Sec. 152.1752, Human Resources Code) . . . |
|
$15; |
|
[(6) fee on filing a suit requesting an adoption in |
|
Montague County (Sec. 152.1752, Human Resources Code) . . . $25; |
|
[(7)] court cost on citation for contempt of court for |
|
failure to comply with child support order in Nueces County, if |
|
authorized by the commissioners court (Sec. 152.1844, Human |
|
Resources Code) . . . not to exceed $10; |
|
(5) [(8)] fee on filing a suit for divorce in Orange |
|
County (Sec. 152.1873, Human Resources Code) . . . not less than $5; |
|
and |
|
(6) [(9)] court costs on citation for contempt of |
|
court in Orange County for failure to comply with a child support |
|
order or order providing for possession of or access to a child |
|
(Sec. 152.1873, Human Resources Code) . . . amount determined by |
|
district clerk[; |
|
[(10) fee on filing a suit requesting an adoption in |
|
Orange County (Sec. 152.1874, Human Resources Code) . . . not less |
|
than $25; and |
|
[(11) fee on filing a suit requesting an adoption in |
|
Wichita County (Sec. 152.2496, Human Resources Code) . . . $100]. |
|
SECTION 22. Section 101.0615, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.0615. DISTRICT COURT FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. The clerk of a district court shall collect fees |
|
and costs under the Local Government Code as follows: |
|
(1) additional filing fees: |
|
(A) for each civil action or proceeding requiring |
|
a filing fee and on the filing of any counterclaim, cross-action, |
|
intervention, interpleader, or third-party action requiring a |
|
filing fee [suit filed, for court-related purposes for the support |
|
of the judiciary and for civil legal services to an indigent: |
|
[(i) for family law cases and proceedings as |
|
defined by Section 25.0002, Government Code (Sec. 133.151, Local |
|
Government Code) . . . $45; or |
|
[(ii) for any case other than a case |
|
described by Subparagraph (i)] (Sec. 133.151(a)(1) [133.151], |
|
Local Government Code) . . . $50; and |
|
(B) on the filing of any civil action or |
|
proceeding requiring a filing fee, including an appeal, and on the |
|
filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent[: |
|
[(i) for family law cases and proceedings |
|
as defined by Section 25.0002, Government Code (Sec. 133.152, Local |
|
Government Code) . . . $5; or |
|
[(ii) for any case other than a case |
|
described by Subparagraph (i)] (Sec. 133.151(a)(2) [133.152], |
|
Local Government Code) . . . $10; |
|
(2) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(3) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(4) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; |
|
(5) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; [and] |
|
(6) on the filing of a civil suit, an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.151(a)(3) [133.154], Local Government |
|
Code) . . . $42; |
|
(7) statewide electronic filing system fund fee (Sec. |
|
133.151(a)(4), Local Government Code) . . . $30; |
|
(8) additional filing fee to fund judicial and court |
|
personnel training (Sec. 133.151(a)(5), Local Government |
|
Code) . . . $5; and |
|
(9) appellate judicial system filing fee for a court |
|
of appeals district (Sec. 133.151(a)(6), Local Government |
|
Code) . . . not more than $5. |
|
SECTION 23. Section 101.0811, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS: |
|
GOVERNMENT CODE. The clerk of a statutory county court shall |
|
collect fees and costs under the Government Code as follows: |
|
(1) [appellate judicial system filing fees: |
|
[(A) First or Fourteenth Court of Appeals |
|
District (Sec. 22.2021, Government Code) . . . not more than $5; |
|
[(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
[(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
[(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
[(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
[(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
[(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
[(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
[(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
[(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
[(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
[(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
[(2)] an official court reporter fee, County Court at |
|
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; |
|
(2) [(3)] in Brazoria County, in matters of |
|
concurrent jurisdiction with the district court, fees (Sec. |
|
25.0222, Government Code) . . . as prescribed by law for district |
|
judges according to the nature of the matter; |
|
(3) [(4)] a court reporter fee when testimony is taken |
|
in a county court at law in McLennan County (Sec. 25.1572, |
|
Government Code) . . . $3; |
|
(4) [(5)] a stenographer fee, if a record or part of a |
|
record is made: |
|
(A) in a county court at law in Hidalgo County |
|
(Sec. 25.1102, Government Code) . . . $20; and |
|
(B) in the 1st Multicounty Court at Law (Sec. |
|
25.2702, Government Code) . . . $25; |
|
(5) [(6)] jury fee (Sec. 51.604, Government |
|
Code) . . . $40; |
|
(6) [(7)] an additional filing fee: |
|
(A) [for each civil case filed to be used for |
|
court-related purposes for the support of the judiciary (Sec. |
|
51.702, Government Code) . . . $40; |
|
[(B)] to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B) [(B-1)] to fund the improvement of Bexar |
|
County court facilities, if authorized by the county commissioners |
|
court (Sec. 51.706, Government Code) . . . not more than $15; |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(E) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; |
|
(F) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; |
|
(G) to fund the construction, renovation, or |
|
improvement of Hidalgo County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; and |
|
(H) to fund the construction, renovation, or |
|
improvement of Cameron County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; |
|
(7) [(8)] the official court reporter's fee taxed as |
|
costs in civil actions in a statutory county court: |
|
(A) in Bexar County Courts at Law Nos. 3, 4, 5, 6, |
|
7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code) |
|
. . . taxed in the same manner as the fee is taxed in district court; |
|
(B) in Galveston County (Sec. 25.0862, |
|
Government Code) . . . taxed in the same manner as the fee is taxed |
|
in civil cases in the district courts; |
|
(C) in Harris County (Sec. 25.1032, Government |
|
Code) . . . taxed in the same manner as the fee is taxed in civil |
|
cases in the district courts; and |
|
(D) in Parker County (Sec. 25.1862, Government |
|
Code) . . . taxed in the same manner as the fee is taxed in civil |
|
cases in the district courts; |
|
(8) [(9)] in Nueces County, in matters of concurrent |
|
jurisdiction with the district court, with certain exceptions, fees |
|
(Sec. 25.1802, Government Code) . . . equal to those in district |
|
court cases; |
|
(9) [(10)] a fee not otherwise listed in this |
|
subchapter that is required to be collected under Section 25.0008, |
|
Government Code, in a county other than Brazos, Cameron, Ellis, |
|
Guadalupe, Harris, Henderson, Liberty, Moore, Nolan, Panola, |
|
Parker, Starr, Victoria, and Williamson . . . as prescribed by law |
|
relating to county judges' fees; and |
|
(10) [(11)] at a hearing held by an associate judge |
|
appointed under Subchapter B, Chapter 54A, Government Code, a court |
|
cost to preserve the record, in the absence of a court reporter, by |
|
any means approved by the associate judge (Sec. 54A.110, Government |
|
Code) . . . as assessed by the referring court or associate judge[; |
|
and |
|
[(12) statewide electronic filing system fund fee |
|
(Sec. 51.851, Government Code) . . . $30]. |
|
SECTION 24. Section 101.0814, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. The clerk of a statutory county court shall |
|
collect fees and costs under the Local Government Code as follows: |
|
(1) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(2) civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $10; |
|
(E) supplemental court-initiated guardianship |
|
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; |
|
and |
|
(F) supplemental public probate administrator |
|
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . $1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government |
|
Code) . . . $5; |
|
(5) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.1511(a)(1) |
|
[133.153], Local Government Code) . . . $10; |
|
(6) on the filing of a civil suit, an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.1511(b) [133.154], Local Government Code) . . . |
|
$42; |
|
(7) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(8) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(9) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; [and] |
|
(10) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(11) statewide electronic filing system fund fee (Sec. |
|
133.1511(a)(2), Local Government Code) . . . $30; |
|
(12) additional filing fee to fund judicial and court |
|
personnel training (Sec. 133.1511(a)(3), Local Government |
|
Code) . . . $5; |
|
(13) appellate judicial system filing fee for a court |
|
of appeals district (Sec. 133.1511(a)(4), Local Government |
|
Code) . . . not more than $5; and |
|
(14) an additional filing fee for each civil case |
|
filed to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.1511(c), Local Government Code). . . $40. |
|
SECTION 25. Section 101.1011, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS: |
|
GOVERNMENT CODE. The clerk of a statutory probate court shall |
|
collect fees and costs under the Government Code as follows: |
|
(1) [appellate judicial system filing fees: |
|
[(A) First or Fourteenth Court of Appeals |
|
District (Sec. 22.2021, Government Code) . . . not more than $5; |
|
[(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
[(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
[(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
[(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
[(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
[(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
[(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
[(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
[(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
[(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
[(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
[(2)] additional filing fees as follows: |
|
(A) for certain cases to be used for |
|
court-related purposes for support of the judiciary (Sec. 51.704, |
|
Government Code) . . . $40; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(D) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; |
|
(E) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; and |
|
(F) to fund the construction, renovation, or |
|
improvement of Hidalgo County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.711, Government Code) . . . |
|
not more than $20; |
|
(2) [(3)] jury fee for civil case (Sec. 51.604, |
|
Government Code) . . . $40; |
|
(3) [(4)] the expense of preserving the record as a |
|
court cost, if imposed on a party by the referring court or |
|
associate judge (Sec. 54A.211, Government Code) . . . actual cost; |
|
and |
|
(4) [(5)] a fee not otherwise listed in this |
|
subchapter that is required to be collected under Section 25.0029, |
|
Government Code (Sec. 25.0029, Government Code) . . . as prescribed |
|
by law relating to county judges' fees[; and |
|
[(6) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $30]. |
|
SECTION 26. Section 101.1013, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS: |
|
LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall |
|
collect fees and costs under the Local Government Code as follows: |
|
(1) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee to fund |
|
civil legal services for the indigent (Sec. 133.1511(a)(1) |
|
[133.153], Local Government Code) . . . $10; |
|
(2) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code). . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $10; |
|
(E) supplemental court-initiated guardianship |
|
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; |
|
and |
|
(F) supplemental public probate administrator |
|
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . $1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; [and] |
|
(5) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(6) statewide electronic filing system fund fee (Sec. |
|
133.1511(a)(2), Local Government Code) . . . $30; |
|
(7) additional filing fee to fund judicial and court |
|
personnel training (Sec. 133.1511(a)(3), Local Government |
|
Code) . . . $5; and |
|
(8) appellate judicial system filing fee for a court |
|
of appeals district (Sec. 133.1511(a)(4), Local Government |
|
Code) . . . not more than $5. |
|
SECTION 27. Section 101.1212, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a county court shall collect the following fees |
|
and costs under the Government Code: |
|
(1) [appellate judicial system filing fees: |
|
[(A) First or Fourteenth Court of Appeals |
|
District (Sec. 22.2021, Government Code) . . . not more than $5; |
|
[(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
[(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
[(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
[(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
[(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
[(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
[(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
[(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
[(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
[(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
[(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
[(2)] a jury fee (Sec. 51.604, Government Code) . . . |
|
$40; and |
|
(2) [(3) a filing fee in each civil case filed to be |
|
used for court-related purposes for the support of the judiciary |
|
(Sec. 51.703, Government Code) . . . $40; |
|
[(4)] a filing fee to fund the preservation of court |
|
records (Sec. 51.708, Government Code) . . . not more than $10[; and |
|
[(5) a statewide electronic filing system fund fee |
|
(Sec. 51.851, Government Code) . . . $30]. |
|
SECTION 28. Section 101.1214, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. The clerk of a county court shall collect the |
|
following fees and costs under the Local Government Code: |
|
(1) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(2) civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $10; |
|
(E) supplemental court-initiated guardianship |
|
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; |
|
and |
|
(F) supplemental public probate administrator |
|
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . $1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government |
|
Code) . . . $5; |
|
(5) deposit on filing petition requesting permission |
|
to create a municipal civic center authority (Sec. 281.013, Local |
|
Government Code) . . . $200; |
|
(6) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(7) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(8) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government |
|
Code) . . . not to exceed $20; |
|
(9) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(10) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.1511(a)(1) |
|
[133.153], Local Government Code) . . . $10; [and] |
|
(11) on the filing of a civil suit an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.1511(b) [133.154], Local Government |
|
Code) . . . $42; |
|
(12) statewide electronic filing system fund fee (Sec. |
|
133.1511(a)(2), Local Government Code) . . . $30; |
|
(13) additional filing fee to fund judicial and court |
|
personnel training (Sec. 133.1511(a)(3), Local Government |
|
Code) . . . $5; |
|
(14) appellate judicial system filing fee for a court |
|
of appeals district (Sec. 133.1511(a)(4), Local Government |
|
Code) . . . not more than $5; and |
|
(15) a filing fee in each civil case filed to be used |
|
for court-related purposes for the support of the judiciary (Sec. |
|
133.1511(d), Government Code) . . . $40. |
|
SECTION 29. Section 101.141(b), Government Code, is amended |
|
to read as follows: |
|
(b) A clerk of a justice court shall collect fees and costs |
|
under other laws as follows: |
|
(1) the cost of a special program that a court may |
|
order a child to attend after a finding that the child committed an |
|
offense, if ordered by the court (Art. 45.057, Code of Criminal |
|
Procedure) . . . costs of the program not to exceed $100; |
|
(2) additional filing fees: |
|
(A) to fund Dallas County civil court facilities |
|
(Sec. 51.705, Government Code) . . . not more than $15; |
|
(B) for filing any civil action or proceeding |
|
requiring a filing fee, including an appeal, and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee, to fund civil legal |
|
services for the indigent (Sec. 133.1512(1) [133.153], Local |
|
Government Code) . . . $6; |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; and |
|
(D) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; |
|
(3) [for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $1.50; |
|
[(4)] fee for hearing on probable cause for removal of |
|
a vehicle and placement in a storage facility if assessed by the |
|
court (Sec. 2308.457, Occupations Code) . . . $20; |
|
(4) [and |
|
[(5)] statewide electronic filing system fund fee |
|
(Sec. 133.1512(2) [51.851], Local Government Code) . . . $10; and |
|
(5) additional filing fee to fund judicial and court |
|
personnel training (Sec. 133.1512(3), Local Government Code) . . . |
|
$5. |
|
SECTION 30. Section 103.0212, Government Code, is amended |
|
to read as follows: |
|
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a |
|
civil suit, as applicable, shall pay the following fees and costs |
|
under the Family Code if ordered by the court or otherwise required: |
|
(1) in family matters: |
|
(A) issuing writ of withholding (Sec. 8.262, |
|
Family Code) . . . $15; |
|
(B) filing copy of writ of withholding to |
|
subsequent employer (Sec. 8.267, Family Code) . . . $15; |
|
(C) issuing and delivering modified writ of |
|
withholding or notice of termination (Sec. 8.302, Family Code) . . . |
|
$15; |
|
(D) issuing and delivering notice of termination |
|
of withholding (Sec. 8.303, Family Code) . . . $15; |
|
(E) issuance of change of name certificate (Sec. |
|
45.106, Family Code) . . . $10; |
|
(F) protective order fee (Sec. 81.003, Family |
|
Code) . . . $16; |
|
(G) [filing suit requesting adoption of child |
|
(Sec. 108.006, Family Code) . . . $15; |
|
[(H)] filing fees for suits affecting |
|
parent-child relationship (Sec. 110.002, Family Code): |
|
(i) suit or motion for modification (Sec. |
|
110.002, Family Code) . . . $15; |
|
(ii) motion for enforcement (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(iii) notice of application for judicial |
|
writ of withholding (Sec. 110.002, Family Code) . . . $15; |
|
(iv) motion to transfer (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(v) petition for license suspension (Sec. |
|
110.002, Family Code) . . . $15; |
|
(vi) motion to revoke a stay of license |
|
suspension (Sec. 110.002, Family Code) . . . $15; and |
|
(vii) motion for contempt (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(H) [(I)] order or writ of income withholding to |
|
be delivered to employer (Sec. 110.004, Family Code) . . . not to |
|
exceed $15; |
|
(I) [(J)] filing fee for transferred case (Sec. |
|
110.005, Family Code) . . . $45; |
|
(J) [(K)] filing a writ of withholding (Sec. |
|
158.319, Family Code) . . . $15; |
|
(K) [(L)] filing a request for modified writ of |
|
withholding or notice of termination (Sec. 158.403, Family |
|
Code) . . . not to exceed $15; |
|
(L) [(M)] filing an administrative writ to |
|
employer (Sec. 158.503, Family Code) . . . not to exceed $15; and |
|
(M) [(N)] genetic testing fees in relation to a |
|
child born to a gestational mother (Sec. 160.762, Family Code) . . . |
|
as assessed by the court; and |
|
(2) in juvenile court: |
|
(A) fee schedule for deferred prosecution |
|
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; |
|
(B) a request fee for a teen court program (Sec. |
|
54.032, Family Code) . . . $20, if the court ordering the fee is |
|
located in the Texas-Louisiana border region, but otherwise not to |
|
exceed $10; |
|
(C) court costs for juvenile probation diversion |
|
fund (Sec. 54.0411, Family Code) . . . $20; |
|
(D) a juvenile delinquency prevention fee (Sec. |
|
54.0461, Family Code) . . . $50; |
|
(E) a court fee for child's probationary period |
|
(Sec. 54.061, Family Code) . . . not to exceed $15 a month; |
|
(F) a fee to cover costs of required duties of |
|
teen court (Sec. 54.032, Family Code) . . . $20, if the court |
|
ordering the fee is located in the Texas-Louisiana border region, |
|
but otherwise not to exceed $10; |
|
(G) a fee for DNA testing on commitment to |
|
certain facilities (Sec. 54.0462, Family Code) . . . $50; |
|
(H) a fee for DNA testing after placement on |
|
probation or as otherwise required by law (Sec. 54.0462, Family |
|
Code) . . . $34; |
|
(I) a program fee for a teen dating violence |
|
court program (Sec. 54.0325, Family Code) . . . $10; and |
|
(J) a fee to cover the cost to the court of |
|
administering a teen dating violence court program (Sec. 54.0325, |
|
Family Code) . . . not to exceed $10. |
|
SECTION 31. Section 103.026, Government Code, is amended to |
|
read as follows: |
|
Sec. 103.026. MISCELLANEOUS FEES AND COSTS: FAMILY CODE. |
|
Fees and costs shall be paid or collected under the Family Code as |
|
follows: |
|
(1) [costs of determining and sending information |
|
concerning the identity of the court with continuing, exclusive |
|
jurisdiction if charged by the bureau of vital statistics (Sec. |
|
108.006, Family Code) . . . reasonable fee; |
|
[(2)] initial operations fee paid to the domestic |
|
relations office on each filing of an original suit affecting the |
|
parent-child relationship, motion for modification, or motion for |
|
enforcement, if authorized by the administering entity (Sec. |
|
203.005, Family Code) . . . not to exceed $15; |
|
(2) [(3)] initial child support service fee paid to |
|
the domestic relations office in certain counties on the filing of |
|
an original suit affecting the parent-child relationship, if |
|
authorized by the administering entity (Sec. 203.005, Family Code) |
|
. . . not to exceed $36; |
|
(3) [(4)] service fee for services of a domestic |
|
relations office, if authorized by the administering entity (Sec. |
|
203.005, Family Code) . . . not to exceed $3 per month; |
|
(4) [(5)] fee to reimburse a domestic relations office |
|
for a fee paid for filing an administrative writ of withholding |
|
(Secs. 158.503 and 203.005, Family Code) . . . the amount of the fee |
|
paid; |
|
(5) [(6)] fee from a Title IV-D agency for each item of |
|
process to each individual on whom service is required, including |
|
service by certified or registered mail (Sec. 231.202, Family Code) |
|
. . . the amount that a sheriff or constable may charge for serving |
|
process under Section 118.131, Local Government Code; |
|
(6) [(7)] a fee for mailing an order vacating or |
|
staying an order suspending a license to the appropriate licensing |
|
authority (Sec. 232.013, Family Code) . . . $5 for each order |
|
mailed; and |
|
(7) [(8)] a court cost paid by a party to a truancy |
|
case, if ordered by a truancy court (Sec. 65.107, Family Code) . . . |
|
$50. |
|
SECTION 32. Section 40.062, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 40.062. EXEMPTION FROM CERTAIN COSTS AND FEES. The |
|
department is not required to pay any cost or fee otherwise imposed |
|
for court proceedings or other services, including a: |
|
(1) filing fee or fee for issuance or service of |
|
process imposed by Section 110.002, Family Code, or by Section |
|
51.317, 51.318(b)(2), or 51.319, Government Code; |
|
(2) transfer fee imposed by Section 110.002 or |
|
110.005, Family Code; |
|
(3) court reporter fee imposed by Section 51.601, |
|
Government Code; |
|
(4) judicial fund fee imposed by Section 51.702, |
|
Government Code, or Section 133.1511(c), Local Government Code; |
|
(5) judge's fee imposed by Section 25.0008 or 25.0029, |
|
Government Code; |
|
(6) cost or security fee imposed by Section 53.051, |
|
53.052, 1053.051, or 1053.052, Estates Code; or |
|
(7) fee imposed by a county officer under Section |
|
118.011 or 118.052, Local Government Code. |
|
SECTION 33. Section 161.107(b), Human Resources Code, is |
|
amended to read as follows: |
|
(b) The department is not required to pay any cost or fee |
|
otherwise imposed for court proceedings or other services, |
|
including: |
|
(1) a filing fee or fee for issuance of service of |
|
process imposed by Section 51.317, 51.318(b)(2), or 51.319, |
|
Government Code; |
|
(2) a court reporter service fee imposed by Section |
|
51.601, Government Code; |
|
(3) a judicial fund fee imposed by Section 51.702, |
|
Government Code, or Section 133.1511(c), Local Government Code; |
|
(4) a judge's fee imposed by Section 25.0008 or |
|
25.0029, Government Code; |
|
(5) a cost or security fee imposed by Section 53.051, |
|
53.052, 1053.051, or 1053.052, Estates Code; or |
|
(6) a fee imposed by a county officer under Section |
|
118.011 or 118.052, Local Government Code. |
|
SECTION 34. Section 133.004, Local Government Code, as |
|
amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149 |
|
(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007, |
|
is reenacted and amended to read as follows: |
|
Sec. 133.004. CIVIL FEES. This chapter applies to the |
|
following civil fees: |
|
(1) the consolidated fee on filing in district court |
|
imposed under Section 133.151; |
|
(2) the filing fee in district court for basic civil |
|
legal services for indigents imposed under Section 133.151(a)(2) |
|
[133.152]; |
|
(3) the filing fee in courts other than district court |
|
for basic civil legal services for indigents imposed under Section |
|
133.1511(a)(1) or 133.1512(1) [133.153]; |
|
(4) the filing fees for the judicial fund imposed in |
|
certain statutory county courts under Section 133.1511(c) of this |
|
code or Section 51.702, Government Code; |
|
(5) the filing fees for the judicial fund imposed in |
|
certain county courts under Section 133.1511(d) of this code or |
|
Section 51.703, Government Code; |
|
(6) the filing fees for the judicial fund imposed in |
|
[certain] statutory probate courts under Section 133.1511(e) |
|
[51.704, Government Code]; |
|
(7) fees collected under Section 118.015; |
|
(8) marriage license fees for the family trust fund |
|
collected under Section 118.018; |
|
(9) marriage license or declaration of informal |
|
marriage fees for the child abuse and neglect prevention trust fund |
|
account collected under Section 118.022; |
|
(10) the filing fee for the judicial fund imposed in |
|
district court, statutory county court, and county court under |
|
Section 133.151(a)(3) or 133.1511(b) [Section 133.154]; [and] |
|
(11) the portion of the civil or administrative |
|
penalty described by Section 542.406(c)(1), Transportation Code, |
|
imposed by a local authority to enforce compliance with the |
|
instructions of a traffic-control signal; and |
|
(12) [(11)] the portion of the civil or administrative |
|
penalty described by Section 707.008(a)(1), Transportation Code, |
|
imposed by a local authority to enforce compliance with the |
|
instructions of a traffic-control signal. |
|
SECTION 35. Section 133.058(d), Local Government Code, is |
|
amended to read as follows: |
|
(d) A county may not retain a service fee on the collection |
|
of a fee: |
|
(1) for the judicial fund; |
|
(2) under Article 42A.303 or 42A.653, Code of Criminal |
|
Procedure; |
|
(3) under Section 133.1511(a)(2) or 133.1512(2) of |
|
this code or Section 51.851, Government Code; or |
|
(4) under Section 133.1511(a)(3) or 133.1512(3) |
|
[51.971, Government Code]. |
|
SECTION 36. Section 133.151, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 133.151. CONSOLIDATED CIVIL FEE ON FILING A CIVIL SUIT |
|
IN DISTRICT COURT. (a) In addition to each fee collected under |
|
Section 51.317(b)(1), Government Code, the clerk of a district |
|
court shall collect the following fees on the filing of any civil |
|
action or proceeding requiring a filing fee and on the filing of any |
|
counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee [suit]: |
|
(1) [$45 for family law cases and proceedings as |
|
defined by Section 25.0002, Government Code; and |
|
[(2)] $50 to be used as provided by Subsection (c) [for |
|
any case other than a case described by Subdivision (1)]; |
|
(2) $10 to be used as provided by Section 133.152; |
|
(3) $42 to be used as provided by Section 133.154; |
|
(4) $30 to be used as provided by Section 51.851, |
|
Government Code; |
|
(5) $5 to be used as provided by Section 51.971, |
|
Government Code; and |
|
(6) $5 court costs fee to be deposited in the appellate |
|
justice system fund appropriate for the appellate district in which |
|
the court is located to be used as provided by Subchapter C, Chapter |
|
22, Government Code. |
|
(b) The fees under Subsection (a)(1) [(a)] shall be |
|
collected and remitted to the comptroller in the manner provided by |
|
Subchapter B. |
|
(c) The comptroller shall allocate the fees received under |
|
Subsection (a)(1) [this section] to the following accounts and |
|
funds so that each receives to the extent practicable, utilizing |
|
historical data as applicable, the same amount of money the account |
|
or fund would have received if the fees for the accounts and funds |
|
had been collected and reported separately: |
|
(1) the judicial fund to be used for court-related |
|
purposes for the support of the judiciary; and |
|
(2) the basic civil legal services account of the |
|
judicial fund for use in programs approved by the supreme court that |
|
provide basic civil legal services to an indigent. |
|
SECTION 37. Subchapter D, Chapter 133, Local Government |
|
Code, is amended by adding Sections 133.1511 and 133.1512 to read as |
|
follows: |
|
Sec. 133.1511. CONSOLIDATED CIVIL FEE ON FILING CIVIL SUIT |
|
IN STATUTORY COUNTY COURT, STATUTORY PROBATE COURT, OR COUNTY |
|
COURT. (a) The clerk of a statutory county court, statutory |
|
probate court, or a county court shall collect the following fees on |
|
the filing of any civil action or proceeding and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee: |
|
(1) $10 to be used as provided by Section 133.153; |
|
(2) $30 to be used as provided by Section 51.851, |
|
Government Code; |
|
(3) $5 to be used as provided by Section 51.971, |
|
Government Code; and |
|
(4) $5 court costs fee to be deposited in the appellate |
|
justice system fund appropriate for the appellate district in which |
|
the court is located to be used as provided by Subchapter C, Chapter |
|
22. |
|
(b) The clerk of a statutory county court or a county court |
|
shall collect a fee of $42 on the filing of any suit to be used as |
|
provided by Section 133.154. |
|
(c) The clerk of a statutory county court shall collect a |
|
$40 filing fee in each civil case filed in the court to be used for |
|
court-related purposes for the support of the judiciary as provided |
|
by Section 51.702, Government Code. |
|
(d) In addition to all other fees authorized or required by |
|
other law, the clerk of a county court with a judge who is entitled |
|
to an annual salary supplement from the state under Section 26.006, |
|
Government Code, shall collect a $40 filing fee in each civil case |
|
filed in the court to be used for court-related purposes for the |
|
support of the judiciary as provided by Section 51.703, Government |
|
Code. |
|
(e) In addition to all other fees authorized or required by |
|
other law, the clerk of a statutory probate court shall collect a |
|
$40 filing fee in each probate, guardianship, mental health, or |
|
civil case filed in the court to be used for court-related purposes |
|
for the support of the judiciary. |
|
Sec. 133.1512. CONSOLIDATED CIVIL FEE ON FILING CIVIL SUIT |
|
IN JUSTICE COURT. The clerk of a justice court shall collect the |
|
following fees on the filing of any civil action or proceeding |
|
requiring a filing fee and on the filing of any counterclaim, |
|
cross-action, intervention, interpleader, or third-party action |
|
requiring a filing fee: |
|
(1) $6 to be used as provided by Section 133.153; |
|
(2) $10 to be used as provided by Section 51.851(c), |
|
Government Code; and |
|
(3) $5 to be used as provided by Section 51.971, |
|
Government Code. |
|
SECTION 38. Sections 133.152(b) and (c), Local Government |
|
Code, are amended to read as follows: |
|
(b) The fees under Section 133.151(a)(2) [this section] |
|
shall be collected and remitted to the comptroller in the manner |
|
provided by Subchapter B. |
|
(c) The comptroller shall deposit the fees received under |
|
Section 133.151(a)(2) to the credit of the basic civil legal |
|
services account of the judicial fund for use in programs approved |
|
by the supreme court that provide basic civil legal services to an |
|
indigent. |
|
SECTION 39. Sections 133.153(b) and (c), Local Government |
|
Code, are amended to read as follows: |
|
(b) The fees under Section 133.151(a)(3) shall be collected |
|
and remitted to the comptroller in the manner provided by |
|
Subchapter B. |
|
(c) The comptroller shall deposit the fees received under |
|
Section 133.151(a)(3) to the credit of the basic civil legal |
|
services account of the judicial fund for use in programs approved |
|
by the supreme court that provide basic civil legal services to an |
|
indigent. |
|
SECTION 40. Section 133.154(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) The treasurer shall remit the fees collected under |
|
Section 133.151(a)(3) or 133.1511(b) [this section] to the |
|
comptroller in the manner provided by Subchapter B. The comptroller |
|
shall deposit the fees in the judicial fund. |
|
SECTION 41. The following sections are repealed: |
|
(1) Section 108.006, Family Code; |
|
(2) Section 51.702(a), Government Code; |
|
(3) Section 51.703(a), Government Code; |
|
(4) Section 51.704(a), Government Code; |
|
(5) Section 51.851(b), Government Code; |
|
(6) Sections 101.06111, 101.08111, 101.0813, |
|
101.10111, 101.12121, and 101.1411, Government Code; |
|
(7) Sections 102.042, 102.062, and 102.103, |
|
Government Code; |
|
(8) Section 152.0522, Human Resources Code; |
|
(9) Section 152.1752(d), Human Resources Code; |
|
(10) Sections 152.1874 and 152.2496, Human Resources |
|
Code; |
|
(11) Section 133.152(a), Local Government Code; |
|
(12) Section 133.153(a), Local Government Code; and |
|
(13) Section 133.154(a), Local Government Code. |
|
SECTION 42. This Act takes effect September 1, 2021. |