78R5328 QS-D
By: Rodriguez H.B. No. 2853
A BILL TO BE ENTITLED
AN ACT
relating to additional fees and court costs for the State
Commission on Judicial Conduct; imposing a judicial occupation fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Government Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. JUDICIAL INTEGRITY ACCOUNT
Sec. 33.051. JUDICIAL INTEGRITY ACCOUNT. (a) The judicial
integrity account is an account in the general revenue fund that may
be appropriated only to the commission for the purpose of
implementing this chapter. The account is composed of:
(1) judicial occupation fees imposed under Section
33.052;
(2) additional judicial integrity filing fees
collected under Sections 51.005, 51.207, and 51.961; and
(3) additional costs on conviction collected under
Article 102.075(o), Code of Criminal Procedure.
(b) The judicial integrity account is exempt from the
application of Section 403.095.
Sec. 33.052. JUDICIAL OCCUPATION FEE. (a) A fee is imposed
on each judge as provided by this section.
(b) Except as provided by Subsection (c), the fee for a
judge is $200 per year to be paid in advance.
(c) The supreme court shall adopt rules regarding the amount
of the fee for a justice of the peace or municipal judge. The fee
may not exceed $50 per year.
Sec. 33.053. TIME FOR PAYMENT OF FEE. (a) Except as
provided by Subsection (b), each judge shall pay the fee under
Section 33.052 each tax year on or before June 1 of the tax year.
(b) If a person is elected or appointed to the judicial
office after the beginning of the tax year, the person shall pay the
fee imposed by Section 33.052 in proportion to the number of months
for which the person will be serving as a judge during that tax
year.
Sec. 33.054. METHOD OF COLLECTION. The supreme court shall
administer the collection of fees under Section 33.052.
Sec. 33.055. RULES. The supreme court may adopt rules for
the administration and collection of the fee imposed by Section
33.052.
Sec. 33.056. DISTRIBUTION OF FEE. The supreme court shall
forward fees received under Section 33.052 to the comptroller. The
comptroller shall deposit the fees as follows:
(1) twenty-five percent of the fees shall be deposited
to the credit of the foundation school fund; and
(2) seventy-five percent of the fees shall be
deposited to the credit of the judicial integrity account.
SECTION 2. Section 51.005, Government Code, is amended by
amending Subsections (c) and (d) and adding Subsection (f) to read
as follows:
(c) In addition, the clerk of the supreme court shall
collect:
(1) a fee of $5 for administering an oath and giving a
sealed certificate of the oath;
(2) a minimum fee of $5, or 50 cents per page if more
than 10 pages, for making copies of any papers of record in offices,
including certificate and seal; [and]
(3) an additional judicial integrity filing fee of $1
for any filing in a civil case that requires collection of a fee
under Subsection (b); and
(4) a reasonable fee fixed by the order or rule of the
supreme court for any official service performed by the clerk for
which a fee is not otherwise provided by this section.
(d) The clerk shall collect and pay into the state treasury
the fees and costs received under this section by the clerk under
rules prescribed by the comptroller of public accounts, approved by
the justices of the supreme court, and recorded in the minutes of
the court. Except as provided by Subsection (f), the [The]
comptroller shall deposit the fees and costs in the judicial fund.
(f) The comptroller shall deposit the fees collected under
Subsection (c)(3) to the credit of the judicial integrity account
created under Section 33.051.
SECTION 3. Section 51.207, Government Code, is amended by
amending Subsections (c) and (g) and adding Subsection (h) to read
as follows:
(c) In addition, the clerk of a court of appeals shall
collect:
(1) a fee of $5 for administering an oath and giving a
sealed certificate of the oath;
(2) a fee of $5, or $1 per page if more than five pages,
for a certified copy of any papers of record in the court offices,
including certificate and seal;
(3) a fee of $5, or $1 per page if more than five pages,
for comparing any document with the original filed in the offices of
the court for purposes of certification; [and]
(4) an additional judicial integrity filing fee of $1
for any filing in a civil case that requires collection of a fee
under Subsection (b); and
(5) a reasonable fee fixed by the order or rule of the
supreme court for any official service performed by the clerk for
which a fee is not otherwise provided by this section.
(g) One-half of the fees collected under this section, other
than fees collected under Subsection (c)(4), shall be deposited to
the credit of the judicial fund.
(h) The comptroller shall deposit the fees collected under
Subsection (c)(4) to the credit of the judicial integrity account
created under Section 33.051.
SECTION 4. Chapter 51, Government Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. ADDITIONAL FILING FEE FOR JUDICIAL INTEGRITY ACCOUNT
Sec. 51.961. ADDITIONAL JUDICIAL INTEGRITY FILING FEE. (a)
In addition to other fees authorized or required by law, the clerk
of each district court, statutory county court, county court,
justice court, and municipal court shall collect an additional
judicial integrity filing fee of $1 on the filing of any civil
action or proceeding requiring a filing fee, including an appeal,
and on the filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee.
(b) Court fees under this section shall be collected in the
same manner as other fees, fines, or costs in the case. The officer
collecting the fees shall keep separate records of the money
collected under this section and shall deposit the money in the
county or municipal treasury, as appropriate.
(c) The custodian of the county or municipal treasury, as
appropriate, shall keep a record of the amount of money on deposit
collected under this section and shall send 70 percent of the fees
collected under this section to the comptroller not later than the
10th day after the end of each calendar quarter. The comptroller
shall deposit the fees received to the credit of the judicial
integrity account created under Section 33.051.
(d) The custodian of the county or municipal treasury, as
appropriate, shall deposit 30 percent of the fees collected under
this section in the general fund of the county or municipality for
the purpose of improving the efficiency of the administration of
justice in the county or municipality.
SECTION 5. Article 102.075, Code of Criminal Procedure, is
amended by adding Subsection (o) to read as follows:
(o) In addition to the costs on conviction imposed by
Subsection (a), a person convicted of an offense described by
Subsection (a) shall pay $1 on conviction of the offense. The
comptroller shall deposit money received under this subsection to
the credit of the judicial integrity account in the state treasury
to be used only as provided by Section 33.051, Government Code.
Subsection (h) does not apply to money received under this
subsection.
SECTION 6. (a) Sections 51.005 and 51.207, Government
Code, as amended by this Act, and Subchapter M, Chapter 51,
Government Code, as added by this Act, apply only to an action or
proceeding filed on or after the effective date of this Act. An
action or proceeding filed before the effective date of this Act is
governed by the law in effect at the time the action or proceeding
was filed, and the former law is continued in effect for that
purpose.
(b) Article 102.075(o), Code of Criminal Procedure, as
added by this Act, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect at the
time the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2003.