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                               * * * * *