77R10109 KLA-D
By Thompson, et al. H.B. No. 1884
Substitute the following for H.B. No. 1884:
By Deshotel C.S.H.B. No. 1884
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to filing fees for certain types of actions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 51.317, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 51.317. FEES DUE AT FILING. (a) The district clerk
1-7 shall collect at the time the suit or action is filed the fees
1-8 provided by Subsections [Subsection] (b) and (c) [of this section]
1-9 for services performed by the clerk.
1-10 (b) The fees are:
1-11 (1) except as provided by Subsection (c), for filing a
1-12 suit, including an appeal from an inferior court
1-13 [and for filing a petition for preconviction
1-14 writ of habeas corpus] ............... $55 [$45]
1-15 (2) for filing a cross-action, counterclaim,
1-16 intervention, contempt action, motion for new
1-17 trial, or third-party petition ....... $45 [$15]
1-18 (3) for issuing a citation or other writ or process
1-19 not otherwise provided for, including one copy,
1-20 when requested at the time a suit or action is
1-21 filed ................................. $12 [$8]
1-22 (4) for the records management and preservation
1-23 fund ....................................... $5.
1-24 (c) The fees for filing a suit, including an appeal from an
2-1 inferior court, are:
2-2 (1) $70, for a suit with at least 11 but not more than
2-3 25 plaintiffs;
2-4 (2) $95, for a suit with at least 26 but not more than
2-5 100 plaintiffs;
2-6 (3) $120, for a suit with at least 101 but not more
2-7 than 500 plaintiffs;
2-8 (4) $145, for a suit with at least 501 but not more
2-9 than 1,000 plaintiffs; and
2-10 (5) $170, for a suit with more than 1,000 plaintiffs.
2-11 (d) In addition to the fees collected under Subsections (b)
2-12 and (c), the district clerk shall collect at the time a person
2-13 joins or intervenes in a pending suit as a plaintiff a fee in an
2-14 amount equal to the difference between:
2-15 (1) the amount of the fee that would have been
2-16 collected under Subsection (b) or (c) if each plaintiff in the
2-17 pending suit, including each person who joins or intervenes in the
2-18 suit as a plaintiff, was named as a plaintiff at the time the suit
2-19 was filed; and
2-20 (2) the amount of the fee collected under Subsection
2-21 (b) or (c) at the time the suit was filed.
2-22 (e) The district clerk, after collecting a fee under
2-23 Subsection (b)(4), shall pay the fee to the county treasurer, or to
2-24 an official who discharges the duties commonly delegated to the
2-25 county treasurer, for deposit in the records management and
2-26 preservation fund.
2-27 SECTION 2. Section 51.701(a), Government Code, is amended to
3-1 read as follows:
3-2 (a) In addition to each fee collected under Section
3-3 51.317(b)(1), the district clerk shall collect a $50 [$40] filing
3-4 fee to be used for court-related purposes for the support of the
3-5 judiciary.
3-6 SECTION 3. Article 102.005(f), Code of Criminal Procedure, is
3-7 amended to read as follows:
3-8 (f) A defendant convicted of an offense in a county court, a
3-9 county court at law, or a district court shall pay a fee of $20 for
3-10 records management and preservation services performed by the
3-11 county as required by Chapter 203, Local Government Code. The fee
3-12 shall be collected and distributed by the clerk of the court in the
3-13 same manner as fees are collected and distributed under Section
3-14 51.317(e) [51.317(c)], Government Code. The fee received by a
3-15 county shall be placed in a special fund to be called the records
3-16 management and preservation fund. The fee shall be used only for
3-17 records management and preservation purposes in the county as
3-18 required by Chapter 203, Local Government Code. No expenditures
3-19 may be made from this fund without prior approval of the
3-20 commissioners court.
3-21 SECTION 4. This Act takes effect September 1, 2001. Sections
3-22 51.317 and 51.701, Government Code, as amended by this Act, apply
3-23 only to a fee that becomes due on or after September 1, 2001.