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.