By Thompson, Farabee, et al. H.B. No. 2300
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain fees collected by clerks and to the use of
1-3 certain of those fees for salaries of county judges and for
1-4 services for victims of family violence.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 25.0005, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 25.0005. JUDGE'S SALARY. (a) A statutory county court
1-9 judge[, other than a statutory county court judge who engages in
1-10 the private practice of law or a judge in whose court fees and
1-11 costs under Section 51.702 are not collected,] shall be paid a
1-12 total annual salary set by the commissioners court at an amount
1-13 that is at least equal to the amount that is $1,000 less than the
1-14 total annual salary received by a district judge in the county or
1-15 the amount received as salary by the statutory county court judge
1-16 on January 1, 2001, whichever amount is greater [on August 31,
1-17 1999]. A district judge's or statutory county court judge's total
1-18 annual salary includes contributions and supplements, paid by the
1-19 state or a county, other than contributions received as
1-20 compensation under Section 74.051.
1-21 (b) [Subject to any salary requirements otherwise imposed by
1-22 this chapter for a particular court or county, the commissioners
1-23 court sets the salary of each statutory county court judge who
1-24 engages in the private practice of law or in whose court fees and
2-1 costs under Section 51.702 are not collected.]
2-2 [(c)] The salary shall be paid in equal monthly
2-3 installments.
2-4 (c) [(d)] Notwithstanding Section 25.0001(a), this section
2-5 prevails over any other law that limits a particular statutory
2-6 county court judge to an annual salary of less than the amount
2-7 provided by Subsection (a), but does not affect a salary minimum
2-8 set by other law that equals or exceeds the amount provided by
2-9 Subsection (a).
2-10 (d) [(e)] A county is not required to meet the salary
2-11 requirements of Subsection (a) for a particular court if:
2-12 (1) [not later than September 1 of the year in which
2-13 the county initially begins collecting fees and costs under Section
2-14 51.702,] the county increases the salary of each statutory county
2-15 court judge in the county to an amount that is at least $40,000
2-16 [$28,000] more than the salary the judge was entitled to on May 1
2-17 of the year the county initially begins collecting fees and costs
2-18 under Section 51.702; and
2-19 (2) [the county pays at least the salary required by
2-20 Subdivision (1);]
2-21 [(3) the county collects the fees and costs as
2-22 provided by Section 51.702;]
2-23 [(4) the court has at least the jurisdiction provided
2-24 by Section 25.0003; and]
2-25 [(5)] except as provided by Subsection (e) [(f)], the
2-26 county uses at least 50 percent of the amount the county receives
2-27 each state fiscal year under Section 25.0016 for salaries for the
3-1 statutory county court judges.
3-2 (e) [(f)] Subsection (d)(2) [(e)(5)] does not require a
3-3 county to pay a salary that exceeds the minimum salary under
3-4 Subsection (a).
3-5 [(g) An exemption under Subsection (e) is not an exclusion
3-6 for purposes of Section 25.0015(a)(3).]
3-7 SECTION 2. Section 25.0015, Government Code, is amended to
3-8 read as follows:
3-9 Sec. 25.0015. STATE CONTRIBUTION. (a) Beginning on the
3-10 first day of the state fiscal year, the state shall annually
3-11 compensate each county [that collects the additional fees and costs
3-12 under Section 51.702] in an amount that is $52,000 less than the
3-13 state salary provided for a district judge under the article of the
3-14 General Appropriations Act relating to the judiciary [equal to
3-15 $35,000] for each statutory county court [judge] in the county
3-16 [who:]
3-17 [(1) does not engage in the private practice of law;]
3-18 [(2) presides over a court with at least the
3-19 jurisdiction provided by Section 25.0003; and]
3-20 [(3) except as provided by Section 25.0005(d), is not
3-21 excluded from the application of Section 25.0003 or Section
3-22 25.0005].
3-23 (b) The amount shall be paid to the county's salary fund in
3-24 equal monthly installments. [Of each $35,000 paid a county,
3-25 $30,000 shall be paid from funds appropriated from the judicial
3-26 fund, and $5,000 shall be paid from funds appropriated from the
3-27 general revenue fund.]
4-1 SECTION 3. Section 25.0016(c), Government Code, is amended
4-2 to read as follows:
4-3 (c) In determining the amount deposited in the judicial fund
4-4 under Section 51.702 for a county that collects fees and costs as
4-5 provided by that section, the comptroller shall credit $50 [$40] of
4-6 each fee deposited in the judicial fund under Section 51.701 by
4-7 that county for cases assigned to a statutory county court as fees
4-8 deposited under Section 51.702.
4-9 SECTION 4. Section 51.702, Government Code, is amended to
4-10 read as follows:
4-11 Sec. 51.702. ADDITIONAL FEES AND COSTS IN [CERTAIN]
4-12 STATUTORY COUNTY COURTS. (a) In [Except as provided by Subsection
4-13 (g), in] addition to all other fees authorized or required by other
4-14 law, the clerk of a statutory county court shall collect a $55
4-15 [$40] filing fee in each civil case filed in the court to be used
4-16 for court-related purposes for the support of the judiciary.
4-17 (b) In addition to other court costs, a person shall pay $15
4-18 as a court cost on conviction of any criminal offense in a
4-19 statutory county court, including cases in which probation or
4-20 deferred adjudication is granted. A conviction that arises under
4-21 Chapter 521, Transportation Code, or a conviction under Subtitle C,
4-22 Title 7, Transportation Code, is included, except that a conviction
4-23 arising under any law that regulates pedestrians or the parking of
4-24 motor vehicles is not included.
4-25 (c) Court costs and fees due under this section shall be
4-26 collected in the same manner as other fees, fines, or costs are
4-27 collected in the case.
5-1 (d) The clerk shall send $50 of each fee collected under
5-2 Subsection (a) [the fees] and the costs collected under Subsection
5-3 (b) [this section] to the comptroller at least as frequently as
5-4 monthly. The comptroller shall deposit the fees in the judicial
5-5 fund.
5-6 (e) Section 51.320 applies to a fee or cost collected under
5-7 this section.
5-8 (f) [This section applies only to fees and costs for a
5-9 12-month period beginning July 1 in a county in which the
5-10 commissioners court:]
5-11 [(1) adopts a resolution authorizing the fees and
5-12 costs under this section; and]
5-13 [(2) files the resolution with the comptroller not
5-14 later than June 1 immediately preceding the first 12-month period
5-15 during which the fees and costs are to be collected.]
5-16 [(g) A resolution under Subsection (f) continues from year
5-17 to year allowing the county to collect fees and costs under the
5-18 terms of this section until the resolution is rescinded.]
5-19 [(h) A commissioners court that desires to rescind a
5-20 resolution adopted under Subsection (f) must submit to the
5-21 comptroller not later than June 1 preceding the beginning of the
5-22 first day of the state fiscal year the commissioners court desires
5-23 to rescind the resolution.]
5-24 [(i) A county that is not eligible to participate under
5-25 Subsection (f) on July 1 of a year but is eligible to participate
5-26 later in the year may submit a resolution meeting the requirements
5-27 of Subsection (f) to the comptroller. The comptroller shall
6-1 determine the date the county may begin to collect fees and costs
6-2 under this section. A county that begins to collect fees and costs
6-3 under this section after July 1 is not eligible for a payment by
6-4 the comptroller under Section 25.0015 until the 60th day after the
6-5 date the comptroller determines the county may begin to collect
6-6 fees and costs under this section.]
6-7 [(j)] A clerk may not collect a fee under this section and
6-8 under Section 51.701.
6-9 [(k) Money collected under this section after a county
6-10 ceases to participate in the collection of additional fees and
6-11 costs under this section shall be remitted to the comptroller. The
6-12 money shall be deposited in the judicial fund and shall be
6-13 distributed to counties currently participating under this section
6-14 in the manner described in Section 25.0005.]
6-15 SECTION 5. Sections 51.703(a) and (d), Government Code, are
6-16 amended to read as follows:
6-17 (a) In addition to all other fees authorized or required by
6-18 other law, the clerk of a county court [with a judge who is
6-19 entitled to an annual salary supplement from the state under
6-20 Section 26.006] shall collect a $55 [$40] filing fee in each civil
6-21 case filed in the court to be used for court-related purposes for
6-22 the support of the judiciary.
6-23 (d) The clerk shall send $50 of each fee collected under
6-24 Subsection (a) [the fees] and the costs collected under Subsection
6-25 (b) [this section] to the comptroller at least as frequently as
6-26 monthly. The comptroller shall deposit the fees in the judicial
6-27 fund.
7-1 SECTION 6. Subchapter A, Chapter 25, Government Code, is
7-2 amended by adding Section 25.0019 to read as follows:
7-3 Sec. 25.0019. PRIVATE PRACTICE OF LAW PROHIBITED. A
7-4 statutory county court judge may not engage in the private practice
7-5 of law.
7-6 SECTION 7. Section 25.0452(d), Government Code, is amended
7-7 to read as follows:
7-8 (d) The judge of a county court at law shall diligently
7-9 discharge the duties of his office on a full-time basis [and may
7-10 not engage in the private practice of law].
7-11 SECTION 8. Section 25.0632(b), Government Code, is amended
7-12 to read as follows:
7-13 (b) The regular judge of [a statutory county court or] a
7-14 statutory probate court may not engage in the private practice of
7-15 law.
7-16 SECTION 9. Section 25.0812(m), Government Code, is amended
7-17 to read as follows:
7-18 (m) Section [Sections 25.0005(b) and] 25.0011 does [do] not
7-19 apply to a county court at law in Fort Bend County.
7-20 SECTION 10. Section 25.0962(h), Government Code, is amended
7-21 to read as follows:
7-22 (h) Section [Sections 25.0005(b) and] 25.0008 does [do] not
7-23 apply to a county court at law in Guadalupe County.
7-24 SECTION 11. Section 25.1152(e), Government Code, is amended
7-25 to read as follows:
7-26 (e) The judge of a county court at law shall diligently
7-27 discharge the duties of his office on a full-time basis [and may
8-1 not engage in the private practice of law].
8-2 SECTION 12. Section 25.1182(e), Government Code, is amended
8-3 to read as follows:
8-4 (e) The judge of a county court at law shall diligently
8-5 discharge the duties of his office on a full-time basis [and may
8-6 not engage in the private practice of law].
8-7 SECTION 13. Section 25.1312(l), Government Code, is amended
8-8 to read as follows:
8-9 (l) The judge of a statutory county court shall diligently
8-10 discharge the duties of the office on a full-time basis [and may
8-11 not engage in the private practice of law].
8-12 SECTION 14. Section 25.1412(c), Government Code, is amended
8-13 to read as follows:
8-14 (c) The judge of a county court at law[:]
8-15 [(1) may not engage in the private practice of law;
8-16 and]
8-17 [(2)] must comply with Canon 4 of the Code of Judicial
8-18 Conduct.
8-19 SECTION 15. Section 25.1762(e), Government Code, is amended
8-20 to read as follows:
8-21 (e) A judge of a county court at law shall diligently
8-22 discharge the duties of office on a full-time basis. [The judge
8-23 may not engage in the private practice of law.]
8-24 SECTION 16. Section 25.1792(e), Government Code, is amended
8-25 to read as follows:
8-26 (e) The judge may not receive from a law firm any money
8-27 other than money earned before taking office. [The judge may not
9-1 engage in the private practice of law.]
9-2 SECTION 17. Section 25.1852(e), Government Code, is amended
9-3 to read as follows:
9-4 (e) The judge may not receive any money from a law firm,
9-5 except money earned before taking office. [The judge of a county
9-6 court at law may not engage in the private practice of law.]
9-7 SECTION 18. Section 25.1862(m), Government Code, is amended
9-8 to read as follows:
9-9 (m) Sections [25.0005(b),] 25.0006[,] and 25.0008 do not
9-10 apply to a county court at law in Parker County.
9-11 SECTION 19. Section 25.1902(l), Government Code, is amended
9-12 to read as follows:
9-13 (l) Section [Sections 25.0005(b) and] 25.0007 does [do] not
9-14 apply to a county court at law in Potter County.
9-15 SECTION 20. Section 25.2223(e), Government Code, is amended
9-16 to read as follows:
9-17 (e) A judge of the County Criminal Court No. 1 or 2 of
9-18 Tarrant County shall devote his entire time to the duties of the
9-19 office of judge [and may not engage in the private practice of law.
9-20 A judge of the County Criminal Court No. 3, 4, 5, 6, 7, 8, 9, or 10
9-21 of Tarrant County may not engage in the practice of law].
9-22 SECTION 21. Section 25.2282(d), Government Code, is amended
9-23 to read as follows:
9-24 (d) The judge of a county court at law shall devote his
9-25 entire time to the duties of his office. [The judge may not engage
9-26 in the private practice of law.]
9-27 SECTION 22. Sections 26.006(a) and (b), Government Code, are
10-1 amended to read as follows:
10-2 (a) A county judge is entitled to an annual salary
10-3 supplement from the state of $10,000 if [at least 40 percent of the
10-4 functions that] the judge performs [are] judicial functions.
10-5 (b) To receive a supplement under Subsection (a), a county
10-6 judge must file with the Office of Court Administration of the
10-7 Texas Judicial System an affidavit stating that [at least 40
10-8 percent of the functions that] the judge performs [are] judicial
10-9 functions. The office of court administration shall send the
10-10 affidavit to the comptroller.
10-11 SECTION 23. Subchapter D, Chapter 51, Government Code, is
10-12 amended by adding Section 51.321 to read as follows:
10-13 Sec. 51.321. FAMILY VIOLENCE PREVENTION FEE. (a) The
10-14 commissioners court of a county may adopt a family violence
10-15 prevention fee in an amount not to exceed $15.
10-16 (b) The district clerk shall collect the family violence
10-17 prevention fee at the time a suit for dissolution of a marriage
10-18 under Chapter 6, Family Code, is filed. The fee is in addition to
10-19 any other fee collected by the district clerk. The fee shall not
10-20 be collected from an individual who is a protected person subject
10-21 to an order under Title 4, Family Code, or Article 17.292, Code of
10-22 Criminal Procedure.
10-23 (c) The district clerk shall pay a fee collected under this
10-24 section to the appropriate officer of the county in which the suit
10-25 is filed for deposit in the county treasury to the credit of the
10-26 family violence prevention account. The account may be used by the
10-27 commissioners court of the county only to fund public or private
11-1 nonprofit organizations providing shelter or services to victims of
11-2 family violence, including legal civil services.
11-3 (d) "Family violence" has the meaning assigned by Section
11-4 71.004, Family Code.
11-5 SECTION 24. Section 118.052, Local Government Code, is
11-6 amended to read as follows:
11-7 Sec. 118.052. Fee Schedule. Each clerk of a county court
11-8 shall collect the following fees for services rendered to any
11-9 person:
11-10 (1) CIVIL COURT ACTIONS
11-11 (A) Filing of Original Action (Sec. 118.053):
11-12 (i) Garnishment after judgment .... $15.00
11-13 (ii) All others .......... $50.00 [$40.00]
11-14 (B) Filing of Action Other than Original (Sec.
11-15 118.054) .......................................... $45.00 [$30.00]
11-16 (C) Services Rendered After Judgment in Original
11-17 Action (Sec. 118.0545):
11-18 (i) Abstract of judgment .......... $ 5.00
11-19 (ii) Execution, order of sale, writ, or
11-20 other process .............................................. $ 5.00
11-21 (2) PROBATE COURT ACTIONS
11-22 (A) Probate Original Action (Sec. 118.055):
11-23 (i) Probate of a will with independent
11-24 executor, administration with will attached, administration of an
11-25 estate, guardianship or receivership of an estate, or muniment of
11-26 title ...................................................... $40.00
11-27 (ii) Community survivors .......... $40.00
12-1 (iii) Small estates ............... $40.00
12-2 (iv) Declarations of heirship ..... $40.00
12-3 (v) Mental health or chemical dependency
12-4 services ................................................... $40.00
12-5 (vi) Additional, special fee (Sec.
12-6 118.064) ................................................... $ 5.00
12-7 (B) Services in Pending Probate Action (Sec.
12-8 118.056):
12-9 (i) Filing an inventory and appraisement
12-10 after the 120th day after the date of the initial filing of the
12-11 action ..................................................... $25.00
12-12 (ii) Approving and recording bond . $ 3.00
12-13 (iii) Administering oath .......... $ 2.00
12-14 (iv) Filing annual or final account of
12-15 estate ..................................................... $25.00
12-16 (v) Filing application for sale of real or
12-17 personal property ......................................... $25.00
12-18 (vi) Filing annual or final report of
12-19 guardian of a person ....................................... $10.00
12-20 (C) Adverse Probate Action (Sec. 118.057)
12-21 ............................................................ $40.00
12-22 (D) Claim Against Estate (Sec. 118.058) . $ 2.00
12-23 (3) OTHER FEES
12-24 (A) Issuing Document (Sec. 118.059):
12-25 original document and one copy .............. $12.00 [$ 4.00]
12-26 each additional set of an original and one copy .... $12.00
12-27 [$ 4.00]
13-1 (B) Certified Papers (Sec. 118.060):
13-2 for the clerk's certificate .......................... $ 5.00
13-3 plus a fee per page or part of a page of ............. $ 1.00
13-4 (C) Noncertified Papers (Sec. 118.0605):
13-5 for each page or part of a page ...................... $ 1.00
13-6 (D) Letters Testamentary, Letter of
13-7 Guardianship, Letter of Administration, or Abstract of Judgment
13-8 (Sec. 118.061) ............................................. $ 2.00
13-9 (E) Safekeeping of Wills (Sec. 118.062) . $ 5.00
13-10 (F) Mail Service of Process (Sec. 118.063)
13-11 ................................................... same as sheriff
13-12 (G) Records Management and Preservation
13-13 Fee ........................................................ $ 5.00
13-14 SECTION 25. Sections 25.0016, 25.0032(d), as added by
13-15 Chapter 148, Acts of the 70th Legislature, Regular Session, 1987,
13-16 25.0102(d), 25.0212(e), 25.0222(i), 25.0232(d), 25.0302(h),
13-17 25.0312(e), 25.0332(g), 25.0392(d), 25.0482(d) and (i),
13-18 25.0522(d), 25.0722(d), 25.0742, 25.0812(f), 25.0932(i),
13-19 25.0942(c), 25.1033(f), 25.1072(i), 25.1092(e), 25.1102(l),
13-20 25.1142(e), 25.1182(i), 25.1282(d), 25.1322(e), 25.1352(h),
13-21 25.1482(d), 25.1732(d), 25.1862(d), 25.1892(d), 25.1902(g),
13-22 25.1932(c), 25.1972(d), 25.2032(c), 25.2072(c), 25.2142(e),
13-23 25.2162(d), 25.2222(h), 25.2292(e), 25.2352(d), 25.2382(d),
13-24 25.2392(d), 25.2412(d), 25.2422(d), 25.2452(f), 25.2462(c), and
13-25 25.2482(d), Government Code, are repealed.
13-26 SECTION 26. (a) Except as provided by Section 25 of this
13-27 Act, this Act takes effect as provided by this section.
14-1 (b) Except as provided by Subsections (c) and (d) of this
14-2 section, this Act takes effect September 1, 2001, and applies only
14-3 to a civil case filed or to a person convicted of an offense
14-4 committed on or after that date. For purposes of this subsection,
14-5 an offense is committed before the effective date of this Act if
14-6 any element of the offense occurs before the effective date. A
14-7 civil case filed or a person convicted of an offense committed
14-8 before September 1, 2001, is governed by the law in effect on the
14-9 date the case was filed or the offense was committed, and that law
14-10 is continued in effect for that purpose.
14-11 (c) Sections 1, 2, and 22 of this Act take effect October 1,
14-12 2001, and apply only to a salary payment made on or after that
14-13 date. A salary payment made before October 1, 2001, is governed by
14-14 the law in effect on the date the salary payment was made, and that
14-15 law is continued in effect for that purpose.
14-16 (d) Section 25.0019, Government Code, as added by this Act,
14-17 does not apply to a person who on August 31, 2001:
14-18 (1) was serving as a statutory county court judge;
14-19 (2) was engaging in the private practice of law; and
14-20 (3) was not prohibited under state law from engaging
14-21 in the private practice of law.
14-22 SECTION 27. This Act takes effect only if H.B. 1884, 77th
14-23 Legislature, Regular Session, 2001, is enacted and becomes law. If
14-24 H.B. 1884, 77th Legislature, Regular Session, 2001, is not enacted
14-25 and does not become law, this Act has no effect.