1-1 By: Brown S.B. No. 349
1-2 (In the Senate - Filed January 27, 1995; January 30, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 21, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 21, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the payment of a fee to a court clerk in certain
1-9 criminal cases and a fee for certification by the county clerk.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 102.005, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 102.005. Fees to Clerks. (a) A defendant convicted of
1-14 an offense in a county court, a county court at law, or a district
1-15 court shall pay for the services of the clerk of the court a fee of
1-16 $40.
1-17 (b) In this article, a person is considered convicted if:
1-18 (1) a sentence is imposed on the person;
1-19 (2) the person receives community supervision,
1-20 including deferred adjudication; or
1-21 (3) the court defers final disposition of the person's
1-22 case.
1-23 (c) Except as provided by Subsection (d), the <The> fee
1-24 imposed under Subsection (a) <this subsection> is for all clerical
1-25 duties performed by the clerk, including:
1-26 (1) filing a complaint or information;
1-27 (2) docketing the case;
1-28 (3) taxing costs against the defendant;
1-29 (4) issuing original writs and subpoenas;
1-30 (5) swearing in and impaneling a jury;
1-31 (6) receiving and recording the verdict;
1-32 (7) filing each paper entered in the case; and
1-33 (8) swearing in witnesses in the case.
1-34 (d) The fee imposed by law for issuing a certified or
1-35 noncertified copy is in addition to the fee imposed by Subsection
1-36 (a). The clerk may issue a copy only if a person requests the copy
1-37 and pays the appropriate fee as required by Sections 118.011,
1-38 118.014, 118.0145, 118.052, 118.060, and 118.0605, Local Government
1-39 Code, and Sections 51.318 and 51.319, Government Code.
1-40 (e) <(b) The clerk of the county court at law or the clerk
1-41 of a county or district court may charge a fee of $1 per page or
1-42 part of a page for issuing a certified copy, transcript, or other
1-43 paper permitted or required to be issued by the clerk. The clerk
1-44 may issue a document only after receiving the fee imposed under
1-45 this subsection.>
1-46 <(c)> A person convicted of an offense for which the
1-47 person's driver's license is automatically suspended shall pay a
1-48 fee of $10 to the clerk of a court that issues to the person a
1-49 certified copy of a court order restricting the person's license in
1-50 a manner prescribed by Subsection (a), Section 25, Chapter 173,
1-51 Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
1-52 Vernon's Texas Civil Statutes).
1-53 (f) <(d)> A defendant convicted of an offense in a county
1-54 court, a county court at law, or a district court shall pay a fee
1-55 of $10 for records management and preservation services performed
1-56 by the county as required by Chapter 203, Local Government Code.
1-57 The fee shall be collected and distributed by the clerk of the
1-58 court in the same manner as fees are collected and distributed
1-59 under Section 51.317(c), Government Code. The fee received by a
1-60 county shall be placed in a special fund to be called the records
1-61 management and preservation fund. The fee shall be used only for
1-62 records management and preservation purposes in the county as
1-63 required by Chapter 203, Local Government Code. No expenditures
1-64 may be made from this fund without prior approval of the
1-65 commissioners court.
1-66 SECTION 2. Article 102.017, Code of Criminal Procedure, as
1-67 added by Section 1, Chapter 818, Acts of the 73rd Legislature,
1-68 1993, is amended to read as follows:
2-1 Art. 102.017. Court Costs; Courthouse Security Fund. (a) A
2-2 defendant convicted in a trial for a felony offense in a district
2-3 court shall pay a $5 security fee as a cost of court.
2-4 (b) A defendant convicted in a trial for a misdemeanor
2-5 offense in a county court, county court at law, or a district court
2-6 shall pay a $3 security fee as a cost of court.
2-7 (c) In this article, a person is considered convicted if:
2-8 (1) a sentence is imposed on the person;
2-9 (2) the person receives community supervision,
2-10 including deferred adjudication; or
2-11 (3) the court defers final disposition of the person's
2-12 case.
2-13 (d) The clerks of the respective courts shall collect the
2-14 costs and pay them to the county treasurer, or to any other
2-15 official who discharges the duties commonly delegated to the county
2-16 treasurer, for deposit in a fund to be known as the courthouse
2-17 security fund. The fund may be used only to finance the following
2-18 items when used for the purpose of providing security services for
2-19 buildings housing a district or county court:
2-20 (1) the purchase or repair of X-ray machines and
2-21 conveying systems;
2-22 (2) handheld metal detectors;
2-23 (3) walkthrough metal detectors;
2-24 (4) identification cards and systems;
2-25 (5) electronic locking and surveillance equipment;
2-26 (6) bailiffs, deputy sheriffs, deputy constables, or
2-27 contract security personnel during times when they are providing
2-28 appropriate security services;
2-29 (7) signage;
2-30 (8) confiscated weapon inventory and tracking systems;
2-31 or
2-32 (9) locks, chains, or other security hardware.
2-33 (e) <(d)> The courthouse security fund shall be administered
2-34 by or under the direction of the commissioners court.
2-35 SECTION 3. Section 118.052, Local Government Code, as
2-36 amended by Chapters 554 and 675, Acts of the 73rd Legislature,
2-37 1993, is amended to read as follows:
2-38 Sec. 118.052. Fee Schedule. Each clerk of a county court
2-39 shall collect the following fees for services rendered to any
2-40 person:
2-41 (1) CIVIL COURT ACTIONS
2-42 (A) Filing of Original Action (Sec. 118.053):
2-43 (i) Garnishment after judgment.......................$15.00
2-44 (ii) All others.......................................$40.00
2-45 (B) Filing of Action Other than Original
2-46 (Sec. 118.054)....................................$30.00
2-47 (C) Services Rendered After Judgment in Original Action
2-48 (Sec. 118.0545):
2-49 (i) Abstract of judgment.............................$ 5.00
2-50 (ii) Execution, order of sale, writ, or other
2-51 process........................................$ 5.00
2-52 (2) PROBATE COURT ACTIONS
2-53 (A) Probate Original Action (Sec. 118.055):
2-54 (i) Probate of a will with independent executor,
2-55 administration with will attached, administration
2-56 of an estate, guardianship or receivership of an
2-57 estate, or muniment of title..................$35.00
2-58 (ii) Community survivors.............................$20.00
2-59 (iii) Small estates...................................$10.00
2-60 (iv) Affidavits of heirship..........................$10.00
2-61 (v) Mental health or chemical dependency services...$40.00
2-62 (vi) Additional, special fee (Sec. 118.064)..........$ 3.00
2-63 (B) Services in Pending Probate Action (Sec. 118.056):
2-64 (i) Filing and recording a document:
2-65 for the first page..............................$ 3.00
2-66 for each additional page or part of a page......$ 2.00
2-67 (ii) Approving and recording bond....................$ 3.00
2-68 (iii) Administering oath..............................$ 2.00
2-69 (C) Adverse Probate Action (Sec. 118.057)...............$35.00
2-70 (D) Claim Against Estate (Sec. 118.058).................$ 2.00
3-1 (3) OTHER FEES
3-2 (A) Issuing Document (Sec. 118.059):
3-3 original document and one copy......................$ 4.00
3-4 each additional set of an original and one copy.....$ 4.00
3-5 (B) Certified Papers (Sec. 118.060):
3-6 for the clerk's certificate................$ 5.00 <$ 1.00>
3-7 plus a fee per page or part of a page of............$ 1.00
3-8 (C) Noncertified Papers (Sec. 118.0605):
3-9 for each page or part of a page.....................$ 1.00
3-10 (D) Letters Testamentary, Letter of Guardianship,
3-11 Letter of Administration, or Abstract of Judgment
3-12 (Sec. 118.061)......................................$ 2.00
3-13 (E) Safekeeping of Wills (Sec. 118.062).................$ 5.00
3-14 same as
3-15 (F) Mail Service of Process (Sec. 118.063).............sheriff
3-16 (G) <(F)> Records Management and Preservation
3-17 Fee.................................................$ 5.00
3-18 SECTION 4. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.
3-23 * * * * *