By Brown S.B. No. 349
74R4281 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of a fee to a court clerk in certain
1-3 criminal cases and a fee for certification by the county clerk.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 102.005, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 102.005. Fees to Clerks. (a) A defendant convicted of
1-8 an offense in a county court, a county court at law, or a district
1-9 court shall pay for the services of the clerk of the court a fee of
1-10 $40.
1-11 (b) In this article, a person is considered convicted if:
1-12 (1) a sentence is imposed on the person;
1-13 (2) the person receives community supervision,
1-14 including deferred adjudication; or
1-15 (3) the court defers final disposition of the person's
1-16 case.
1-17 (c) Except as provided by Subsection (d), the <The> fee
1-18 imposed under Subsection (a) <this subsection> is for all clerical
1-19 duties performed by the clerk, including:
1-20 (1) filing a complaint or information;
1-21 (2) docketing the case;
1-22 (3) taxing costs against the defendant;
1-23 (4) issuing original writs and subpoenas;
1-24 (5) swearing in and impaneling a jury;
2-1 (6) receiving and recording the verdict;
2-2 (7) filing each paper entered in the case; and
2-3 (8) swearing in witnesses in the case.
2-4 <(b) The clerk of the county court at law or the clerk of a
2-5 county or district court may charge a fee of $1 per page or part of
2-6 a page for issuing a certified copy, transcript, or other paper
2-7 permitted or required to be issued by the clerk. The clerk may
2-8 issue a document only after receiving the fee imposed under this
2-9 subsection.>
2-10 (d) The fee imposed by law for issuing a certified or
2-11 noncertified copy is in addition to the fee imposed by Subsection
2-12 (a). The clerk may issue a copy only if a person requests the copy
2-13 and pays the appropriate fee as required by Sections 118.011,
2-14 118.014, 118.0145, 118.052, 118.060, and 118.0605, Local Government
2-15 Code, and Sections 51.318 and 51.319, Government Code.
2-16 (e) <(c)> A person convicted of an offense for which the
2-17 person's driver's license is automatically suspended shall pay a
2-18 fee of $10 to the clerk of a court that issues to the person a
2-19 certified copy of a court order restricting the person's license in
2-20 a manner prescribed by Subsection (a), Section 25, Chapter 173,
2-21 Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
2-22 Vernon's Texas Civil Statutes).
2-23 (f) <(d)> A defendant convicted of an offense in a county
2-24 court, a county court at law, or a district court shall pay a fee
2-25 of $10 for records management and preservation services performed
2-26 by the county as required by Chapter 203, Local Government Code.
2-27 The fee shall be collected and distributed by the clerk of the
3-1 court in the same manner as fees are collected and distributed
3-2 under Section 51.317(c), Government Code. The fee received by a
3-3 county shall be placed in a special fund to be called the records
3-4 management and preservation fund. The fee shall be used only for
3-5 records management and preservation purposes in the county as
3-6 required by Chapter 203, Local Government Code. No expenditures
3-7 may be made from this fund without prior approval of the
3-8 commissioners court.
3-9 SECTION 2. Article 102.017, Code of Criminal Procedure, as
3-10 added by Section 1, Chapter 818, Acts of the 73rd Legislature,
3-11 Regular Session, 1993, is amended to read as follows:
3-12 Art. 102.017. Court Costs; Courthouse Security Fund. (a) A
3-13 defendant convicted in a trial for a felony offense in a district
3-14 court shall pay a $5 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.
3-18 (c) In this article, a person is considered convicted if:
3-19 (1) a sentence is imposed on the person;
3-20 (2) the person receives community supervision,
3-21 including deferred adjudication; or
3-22 (3) the court defers final disposition of the person's
3-23 case.
3-24 (d) <(c)> The clerks of the respective courts shall collect
3-25 the costs and pay them to the county treasurer, or to any other
3-26 official who discharges the duties commonly delegated to the county
3-27 treasurer, for deposit in a fund to be known as the courthouse
4-1 security fund. The fund may be used only to finance the following
4-2 items when used for the purpose of providing security services for
4-3 buildings housing a district or county court:
4-4 (1) the purchase or repair of X-ray machines and
4-5 conveying systems;
4-6 (2) handheld metal detectors;
4-7 (3) walkthrough metal detectors;
4-8 (4) identification cards and systems;
4-9 (5) electronic locking and surveillance equipment;
4-10 (6) bailiffs, deputy sheriffs, deputy constables, or
4-11 contract security personnel during times when they are providing
4-12 appropriate security services;
4-13 (7) signage;
4-14 (8) confiscated weapon inventory and tracking systems;
4-15 or
4-16 (9) locks, chains, or other security hardware.
4-17 (e) <(d)> The courthouse security fund shall be administered
4-18 by or under the direction of the commissioners court.
4-19 SECTION 3. Section 118.052, Local Government Code, as
4-20 amended by Chapters 554 and 675, Acts of the 73rd Legislature,
4-21 Regular Session, 1993, is amended to read as follows:
4-22 Sec. 118.052. Fee Schedule. Each clerk of a county court
4-23 shall collect the following fees for services rendered to any
4-24 person:
4-25 (1) CIVIL COURT ACTIONS
4-26 (A) Filing of Original Action (Sec. 118.053):
4-27 (i) Garnishment after judgment.......................$15.00
5-1 (ii) All others.......................................$40.00
5-2 (B) Filing of Action Other than Original
5-3 (Sec. 118.054)....................................$30.00
5-4 (C) Services Rendered After Judgment in Original Action
5-5 (Sec. 118.0545):
5-6 (i) Abstract of judgment.............................$ 5.00
5-7 (ii) Execution, order of sale, writ, or other
5-8 process........................................$ 5.00
5-9 (2) PROBATE COURT ACTIONS
5-10 (A) Probate Original Action (Sec. 118.055):
5-11 (i) Probate of a will with independent executor,
5-12 administration with will attached, administration
5-13 of an estate, guardianship or receivership of an
5-14 estate, or muniment of title..................$35.00
5-15 (ii) Community survivors.............................$20.00
5-16 (iii) Small estates...................................$10.00
5-17 (iv) Affidavits of heirship..........................$10.00
5-18 (v) Mental health or chemical dependency services...$40.00
5-19 (vi) Additional, special fee (Sec. 118.064)..........$ 3.00
5-20 (B) Services in Pending Probate Action (Sec. 118.056):
5-21 (i) Filing and recording a document:
5-22 for the first page..............................$ 3.00
5-23 for each additional page or part of a page......$ 2.00
5-24 (ii) Approving and recording bond....................$ 3.00
5-25 (iii) Administering oath..............................$ 2.00
5-26 (C) Adverse Probate Action (Sec. 118.057)...............$35.00
5-27 (D) Claim Against Estate (Sec. 118.058).................$ 2.00
6-1 (3) OTHER FEES
6-2 (A) Issuing Document (Sec. 118.059):
6-3 original document and one copy......................$ 4.00
6-4 each additional set of an original and one copy.....$ 4.00
6-5 (B) Certified Papers (Sec. 118.060):
6-6 for the clerk's certificate................$ 5.00 <$ 1.00>
6-7 plus a fee per page or part of a page of............$ 1.00
6-8 (C) Noncertified Papers (Sec. 118.0605):
6-9 for each page or part of a page.....................$ 1.00
6-10 (D) Letters Testamentary, Letter of Guardianship,
6-11 Letter of Administration, or Abstract of Judgment
6-12 (Sec. 118.061)......................................$ 2.00
6-13 (E) Safekeeping of Wills (Sec. 118.062).................$ 5.00
6-14 same as
6-15 (F) Mail Service of Process (Sec. 118.063).............sheriff
6-16 (G) <(F)> Records Management and Preservation
6-17 Fee.................................................$ 5.00
6-18 SECTION 4. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended.