S.B. No. 349
                                        AN ACT
    1-1  relating to the payment of a fee to a court clerk in certain
    1-2  criminal cases and a fee for certification by the county clerk.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 102.005, Code of Criminal Procedure, is
    1-5  amended to read as follows:
    1-6        Art. 102.005.  Fees to Clerks.  (a)  A defendant convicted of
    1-7  an offense in a county court, a county court at law, or a district
    1-8  court shall pay for the services of the clerk of the court a fee of
    1-9  $40.
   1-10        (b)  In this article, a person is considered convicted if:
   1-11              (1)  a sentence is imposed on the person;
   1-12              (2)  the person receives community supervision,
   1-13  including deferred adjudication; or
   1-14              (3)  the court defers final disposition of the person's
   1-15  case.
   1-16        (c)  Except as provided by Subsection (d), the <The> fee
   1-17  imposed under Subsection (a) <this subsection> is for all clerical
   1-18  duties performed by the clerk, including:
   1-19              (1)  filing a complaint or information;
   1-20              (2)  docketing the case;
   1-21              (3)  taxing costs against the defendant;
   1-22              (4)  issuing original writs and subpoenas;
   1-23              (5)  swearing in and impaneling a jury;
   1-24              (6)  receiving and recording the verdict;
    2-1              (7)  filing each paper entered in the case; and
    2-2              (8)  swearing in witnesses in the case.
    2-3        (d)  The fee imposed by law for issuing a certified or
    2-4  noncertified copy is in addition to the fee imposed by Subsection
    2-5  (a).  The clerk may issue a copy only if a person requests the copy
    2-6  and pays the appropriate fee as required by Sections 118.011,
    2-7  118.014, 118.0145, 118.052, 118.060, and 118.0605, Local Government
    2-8  Code, and Sections 51.318 and 51.319, Government Code.
    2-9        (e) <(b)  The clerk of the county court at law or the clerk
   2-10  of a county or district court may charge a fee of $1 per page or
   2-11  part of a page for issuing a certified copy, transcript, or other
   2-12  paper permitted or required to be issued by the clerk.  The clerk
   2-13  may issue a document only after receiving the fee imposed under
   2-14  this subsection.>
   2-15        <(c)>  A person convicted of an offense for which the
   2-16  person's driver's license is automatically suspended shall pay a
   2-17  fee of $10 to the clerk of a court that issues to the person a
   2-18  certified copy of a court order restricting the person's license in
   2-19  a manner prescribed by Subsection (a), Section 25, Chapter 173,
   2-20  Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
   2-21  Vernon's Texas Civil Statutes).
   2-22        (f) <(d)>  A defendant convicted of an offense in a county
   2-23  court, a county court at law, or a district court shall pay a fee
   2-24  of $10 for records management and preservation services performed
   2-25  by the county as required by Chapter 203, Local Government Code.
   2-26  The fee shall be collected and distributed by the clerk of the
   2-27  court in the same manner as fees are collected and distributed
    3-1  under Section 51.317(c), Government Code.  The fee received by a
    3-2  county shall be placed in a special fund to be called the records
    3-3  management and preservation fund.  The fee shall be used only for
    3-4  records management and preservation purposes in the county as
    3-5  required by Chapter 203, Local Government Code.  No expenditures
    3-6  may be made from this fund without prior approval of the
    3-7  commissioners court.
    3-8        SECTION 2.  Article 102.017, Code of Criminal Procedure, as
    3-9  added by Section 1, Chapter 818, Acts of the 73rd Legislature,
   3-10  1993, is amended to read as follows:
   3-11        Art. 102.017.  COURT COSTS; COURTHOUSE SECURITY FUND;
   3-12  MUNICIPAL COURT BUILDING SECURITY FUND.  (a)  A defendant convicted
   3-13  in a trial for a felony offense in a district court shall pay a $5
   3-14  security fee as a cost of court.
   3-15        (b)  A defendant convicted in a trial for a misdemeanor
   3-16  offense in a county court, county court at law, or a district court
   3-17  shall pay a $3 security fee as a cost of court.  The governing body
   3-18  of a municipality by ordinance may create a municipal court
   3-19  building security fund and may require a defendant convicted in a
   3-20  trial for a misdemeanor offense in a municipal court to pay a $3
   3-21  security fee as a cost of court.
   3-22        (c)  In this article, a person is considered convicted if:
   3-23              (1)  a sentence is imposed on the person;
   3-24              (2)  the person receives community supervision,
   3-25  including deferred adjudication; or
   3-26              (3)  the court defers final disposition of the person's
   3-27  case.
    4-1        (d)  The clerks of the respective courts shall collect the
    4-2  costs and pay them to the county or municipal treasurer, as
    4-3  appropriate or to any other official who discharges the duties
    4-4  commonly delegated to the county or municipal treasurer, as
    4-5  appropriate, for deposit in a fund to be known as the courthouse
    4-6  security fund or a fund to be known as the municipal court building
    4-7  security fund, as appropriate.  A <The> fund designated by this
    4-8  subsection may be used only to finance the following items when
    4-9  used for the purpose of providing security services for buildings
   4-10  housing a district, <or> county, or municipal court, as
   4-11  appropriate:
   4-12              (1)  the purchase or repair of X-ray machines and
   4-13  conveying systems;
   4-14              (2)  handheld metal detectors;
   4-15              (3)  walkthrough metal detectors;
   4-16              (4)  identification cards and systems;
   4-17              (5)  electronic locking and surveillance equipment;
   4-18              (6)  bailiffs, deputy sheriffs, deputy constables, or
   4-19  contract security personnel during times when they are providing
   4-20  appropriate security services;
   4-21              (7)  signage;
   4-22              (8)  confiscated weapon inventory and tracking systems;
   4-23  or
   4-24              (9)  locks, chains, or other security hardware.
   4-25        (e) <(d)>  The courthouse security fund shall be administered
   4-26  by or under the direction of the commissioners court.  The
   4-27  municipal court building fund shall be administered by or under the
    5-1  direction of the governing body of the municipality.
    5-2        SECTION 3.  Section 118.052, Local Government Code, as
    5-3  amended by Chapters 554 and 675, Acts of the 73rd Legislature,
    5-4  1993, is amended to read as follows:
    5-5        Sec. 118.052.  Fee Schedule.  Each clerk of a county court
    5-6  shall collect the following fees for services rendered to any
    5-7  person:
    5-8    (1)  CIVIL COURT ACTIONS
    5-9      (A)  Filing of Original Action (Sec. 118.053):
   5-10        (i)   Garnishment after judgment.......................$15.00
   5-11        (ii)  All others.......................................$40.00
   5-12      (B)  Filing of Action Other than Original
   5-13             (Sec. 118.054)....................................$30.00
   5-14      (C)  Services Rendered After Judgment in Original Action
   5-15             (Sec. 118.0545):
   5-16        (i)   Abstract of judgment.............................$ 5.00
   5-17        (ii)  Execution, order of sale, writ, or other
   5-18                process........................................$ 5.00
   5-19    (2)  PROBATE COURT ACTIONS
   5-20      (A)  Probate Original Action (Sec. 118.055):
   5-21        (i)    Probate of a will with independent executor,
   5-22                 administration with will attached, administration
   5-23                 of an estate, guardianship or receivership of an
   5-24                 estate, or muniment of title..................$35.00
   5-25        (ii)   Community survivors.............................$20.00
   5-26        (iii)  Small estates...................................$10.00
   5-27        (iv)   Affidavits of heirship..........................$10.00
    6-1        (v)    Mental health or chemical dependency services...$40.00
    6-2        (vi)   Additional, special fee (Sec. 118.064)..........$ 3.00
    6-3      (B)  Services in Pending Probate Action (Sec. 118.056):
    6-4        (i)    Filing and recording a document:
    6-5               for the first page..............................$ 3.00
    6-6               for each additional page or part of a page......$ 2.00
    6-7        (ii)   Approving and recording bond....................$ 3.00
    6-8        (iii)  Administering oath..............................$ 2.00
    6-9      (C)  Adverse Probate Action (Sec. 118.057)...............$35.00
   6-10      (D)  Claim Against Estate (Sec. 118.058).................$ 2.00
   6-11    (3)  OTHER FEES
   6-12      (A)  Issuing Document (Sec. 118.059):
   6-13           original document and one copy......................$ 4.00
   6-14           each additional set of an original and one copy.....$ 4.00
   6-15      (B)  Certified Papers (Sec. 118.060):
   6-16           for the clerk's certificate................$ 5.00 <$ 1.00>
   6-17           plus a fee per page or part of a page of............$ 1.00
   6-18      (C)  Noncertified Papers (Sec. 118.0605):
   6-19           for each page or part of a page.....................$ 1.00
   6-20      (D)  Letters Testamentary, Letter of Guardianship,
   6-21           Letter of Administration, or Abstract of Judgment
   6-22           (Sec. 118.061)......................................$ 2.00
   6-23      (E)  Safekeeping of Wills (Sec. 118.062).................$ 5.00
   6-24                                                              same as
   6-25      (F)  Mail Service of Process (Sec. 118.063).............sheriff
   6-26      (G) <(F)>  Records Management and Preservation
   6-27           Fee.................................................$ 5.00
    7-1        SECTION 4.  Section 118.0145, Local Government Code, is
    7-2  amended to read as follows:
    7-3        Sec. 118.0145.  NONCERTIFIED PAPERS.  (a)  The fee for
    7-4  "Noncertified Papers" under Section 118.011 is for issuing a
    7-5  noncertified copy of each page or part of a page of a document.
    7-6  The fee must be paid at the time the order is placed.
    7-7        (b)  A county clerk may waive or reduce the fee provided in
    7-8  Section 118.011 for issuing a noncertified copy of a page or a
    7-9  portion of a page of a document if the document:
   7-10              (1)  involves a matter relating to family law,
   7-11  including a divorce decree; or
   7-12              (2)  is the record of a judgment in a misdemeanor case.
   7-13        SECTION 5.  The importance of this legislation and the
   7-14  crowded condition of the calendars in both houses create an
   7-15  emergency and an imperative public necessity that the
   7-16  constitutional rule requiring bills to be read on three several
   7-17  days in each house be suspended, and this rule is hereby suspended.