By: Brown S.B. No. 349
A BILL TO BE ENTITLED
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. (a) A
3-12 defendant convicted in a trial for a felony offense in a district
3-13 court shall pay a $5 security fee as a cost of court.
3-14 (b) A defendant convicted in a trial for a misdemeanor
3-15 offense in a county court, county court at law, or a district court
3-16 shall pay a $3 security fee as a cost of court.
3-17 (c) In this article, a person is considered convicted if:
3-18 (1) a sentence is imposed on the person;
3-19 (2) the person receives community supervision,
3-20 including deferred adjudication; or
3-21 (3) the court defers final disposition of the person's
3-22 case.
3-23 (d) The clerks of the respective courts shall collect the
3-24 costs and pay them to the county treasurer, or to any other
3-25 official who discharges the duties commonly delegated to the county
3-26 treasurer, for deposit in a fund to be known as the courthouse
3-27 security fund. The fund may be used only to finance the following
4-1 items when used for the purpose of providing security services for
4-2 buildings housing a district or county court:
4-3 (1) the purchase or repair of X-ray machines and
4-4 conveying systems;
4-5 (2) handheld metal detectors;
4-6 (3) walkthrough metal detectors;
4-7 (4) identification cards and systems;
4-8 (5) electronic locking and surveillance equipment;
4-9 (6) bailiffs, deputy sheriffs, deputy constables, or
4-10 contract security personnel during times when they are providing
4-11 appropriate security services;
4-12 (7) signage;
4-13 (8) confiscated weapon inventory and tracking systems;
4-14 or
4-15 (9) locks, chains, or other security hardware.
4-16 (e) <(d)> The courthouse security fund shall be administered
4-17 by or under the direction of the commissioners court.
4-18 SECTION 3. Section 118.052, Local Government Code, as
4-19 amended by Chapters 554 and 675, Acts of the 73rd Legislature,
4-20 1993, is amended to read as follows:
4-21 Sec. 118.052. Fee Schedule. Each clerk of a county court
4-22 shall collect the following fees for services rendered to any
4-23 person:
4-24 (1) CIVIL COURT ACTIONS
4-25 (A) Filing of Original Action (Sec. 118.053):
4-26 (i) Garnishment after judgment.......................$15.00
4-27 (ii) All others.......................................$40.00
5-1 (B) Filing of Action Other than Original
5-2 (Sec. 118.054)....................................$30.00
5-3 (C) Services Rendered After Judgment in Original Action
5-4 (Sec. 118.0545):
5-5 (i) Abstract of judgment.............................$ 5.00
5-6 (ii) Execution, order of sale, writ, or other
5-7 process........................................$ 5.00
5-8 (2) PROBATE COURT ACTIONS
5-9 (A) Probate Original Action (Sec. 118.055):
5-10 (i) Probate of a will with independent executor,
5-11 administration with will attached, administration
5-12 of an estate, guardianship or receivership of an
5-13 estate, or muniment of title..................$35.00
5-14 (ii) Community survivors.............................$20.00
5-15 (iii) Small estates...................................$10.00
5-16 (iv) Affidavits of heirship..........................$10.00
5-17 (v) Mental health or chemical dependency services...$40.00
5-18 (vi) Additional, special fee (Sec. 118.064)..........$ 3.00
5-19 (B) Services in Pending Probate Action (Sec. 118.056):
5-20 (i) Filing and recording a document:
5-21 for the first page..............................$ 3.00
5-22 for each additional page or part of a page......$ 2.00
5-23 (ii) Approving and recording bond....................$ 3.00
5-24 (iii) Administering oath..............................$ 2.00
5-25 (C) Adverse Probate Action (Sec. 118.057)...............$35.00
5-26 (D) Claim Against Estate (Sec. 118.058).................$ 2.00
5-27 (3) OTHER FEES
6-1 (A) Issuing Document (Sec. 118.059):
6-2 original document and one copy......................$ 4.00
6-3 each additional set of an original and one copy.....$ 4.00
6-4 (B) Certified Papers (Sec. 118.060):
6-5 for the clerk's certificate................$ 5.00 <$ 1.00>
6-6 plus a fee per page or part of a page of............$ 1.00
6-7 (C) Noncertified Papers (Sec. 118.0605):
6-8 for each page or part of a page.....................$ 1.00
6-9 (D) Letters Testamentary, Letter of Guardianship,
6-10 Letter of Administration, or Abstract of Judgment
6-11 (Sec. 118.061)......................................$ 2.00
6-12 (E) Safekeeping of Wills (Sec. 118.062).................$ 5.00
6-13 same as
6-14 (F) Mail Service of Process (Sec. 118.063).............sheriff
6-15 (G) <(F)> Records Management and Preservation
6-16 Fee.................................................$ 5.00
6-17 SECTION 4. The importance of this legislation and the
6-18 crowded condition of the calendars in both houses create an
6-19 emergency and an imperative public necessity that the
6-20 constitutional rule requiring bills to be read on three several
6-21 days in each house be suspended, and this rule is hereby suspended.
6-22 COMMITTEE AMENDMENT NO. 1
6-23 Amend SB 349, page 3, line 18, by adding after the word "law"
6-24 the following: , municipal court
6-25 Amend SB 349, page 4, line 22, by adding after the word
6-26 "court" and before the period the following: or the governing body
6-27 of a municipality
7-1 Nixon