78R7689 SLO-D
By: Capelo H.B. No. 3314
A BILL TO BE ENTITLED
AN ACT
relating to the amount of certain court fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.004, Code of Criminal Procedure, is
amended to read as follows:
Art. 102.004. JURY FEE. (a) A defendant convicted by a
jury in a trial before a justice or municipal court shall pay a jury
fee of $25 [$3]. A defendant in a justice or municipal court who
requests a trial by jury and who withdraws the request not earlier
than 24 hours before the time of trial shall pay a jury fee of $25
[$3], if the defendant is convicted of the offense or final
disposition of the defendant's case is deferred. A defendant
convicted by a jury in a county court, a county court at law, or a
district court shall pay a jury fee of $150 [$20].
(b) If two or more defendants are tried jointly in a justice
or municipal court, only one jury fee [of $3] may be imposed under
this article. If the defendants sever and are tried separately,
each defendant convicted shall pay a jury fee.
SECTION 2. Article 102.005(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A defendant convicted of an offense in a county court, a
county court at law, or a district court shall pay for the services
of the clerk of the court a fee of $60 [$40].
SECTION 3. Article 102.008(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Except as provided by Subsection (b), a defendant
convicted of a felony or misdemeanor [or a gambling offense] shall
pay a fee of $25 for the trying of the case by the district or county
attorney. If the court appoints an attorney to represent the state
in the absence of the district or county attorney, the appointed
attorney is entitled to the fee otherwise due.
SECTION 4. Articles 102.017(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) A defendant convicted of a felony offense in a district
court shall pay a $20 [$5] security fee as a cost of court.
(b) A defendant convicted of a misdemeanor offense in a
justice court, county court, county court at law, or district court
shall pay a $10 [$3] security fee as a cost of court. The governing
body of a municipality by ordinance may create a municipal court
building security fund and may require a defendant convicted of a
misdemeanor offense in a municipal court to pay a $10 [$3] security
fee as a cost of court.
SECTION 5. Section 51.317(b), Government Code, is amended
to read as follows:
(b) The fees are:
(1) for filing a suit, including an appeal from an
inferior court and for filing a petition for preconviction writ of
habeas corpus$45
(2) for filing a cross–action, counterclaim,
intervention, contempt action, motion for new trial, or third–party
petition$15
(3) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed$8
(4) for the records management and preservation fund:
(A) for a civil suit or action, other than a
family law matter$20; or
(B) for a civil suit or action involving a family
law matter$5.
SECTION 6. Section 51.601(a), Government Code, is amended
to read as follows:
(a) The clerk of each court that has an official court
reporter shall collect a court reporter service fee of $25 [$15] as
a court cost in each civil case other than a family law matter or a
fee of $15 in each civil case involving a family law matter filed
with the clerk to maintain a court reporter who is available for
assignment in the court.
SECTION 7. Section 51.604(a), Government Code, is amended
to read as follows:
(a) The district clerk shall collect a $150 [$30] jury fee
for each civil case in which a person applies for a jury trial. The
clerk of a county court or statutory county court shall collect a
$150 [$22] jury fee for each civil case in which a person applies
for a jury trial. The clerk shall note the payment of the fee on the
court's docket.
SECTION 8. Section 118.052, Local Government Code, is
amended to read as follows:
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
shall collect the following fees for services rendered to any
person:
(1) CIVIL COURT ACTIONS
(A) Filing of Original Action (Sec. 118.053):
(i) Garnishment after judgment $15.00
(ii) Original action involving a family law
matter$45.00
(iii) All others $60.00 [$40.00]
(B) Filing of Action Other than Original (Sec.
118.054)$30.00
(C) Services Rendered After Judgment in Original
Action (Sec. 118.0545):
(i) Abstract of judgment $5.00
(ii) Execution, order of sale, writ, or
other process$5.00
(2) PROBATE COURT ACTIONS
(A) Probate Original Action (Sec. 118.055):
(i) Probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title$40.00
(ii) Community survivors $40.00
(iii) Small estates $40.00
(iv) Declarations of heirship $40.00
(v) Mental health or chemical dependency
services$40.00
(vi) Additional, special fee (Sec.
118.064)$5.00
(B) Services in Pending Probate Action (Sec.
118.056):
(i) Filing an inventory and appraisement
after the 120th day after the date of the initial filing of the
action$25.00
(ii) Approving and recording bond $3.00
(iii) Administering oath $2.00
(iv) Filing annual or final account of
estate$25.00
(v) Filing application for sale of real or
personal property$25.00
(vi) Filing annual or final report of
guardian of a person$10.00
(C) Adverse Probate Action (Sec.
118.057)$40.00
(D) Claim Against Estate (Sec. 118.058) $2.00
(3) OTHER FEES
(A) Issuing Document (Sec. 118.059):
original document and one copy $4.00
each additional set of an original and one copy $4.00
(B) Certified Papers (Sec. 118.060):
for the clerk's certificate $5.00
plus a fee per page or part of a page of $1.00
(C) Noncertified Papers (Sec. 118.0605):
for each page or part of a page $1.00
(D) Letters Testamentary, Letter of
Guardianship, Letter of Administration, or Abstract of Judgment
(Sec. 118.061)$2.00
(E) Safekeeping of Wills (Sec. 118.062) $5.00
(F) Mail Service of Process (Sec.
118.063)same as sheriff
(G) Records Management and Preservation
Fee$5.00
SECTION 9. Section 291.008(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court may set a fee not to exceed $10
[$5] to be collected at the time of filing in each civil case filed
in a county court, county court at law, or district court which
shall be taxed as other costs. The county is not liable for the
costs.
SECTION 10. (a) Articles 102.004, 102.005, 102.008, and
102.017, Code of Criminal Procedure, as amended by this Act, apply
only to an offense committed on or after September 1, 2003. For
purposes of this section, an offense is committed on or after
September 1, 2003, if any element of the offense occurs before that
date. An offense committed before September 1, 2003, is covered by
the law in effect when the offense was committed, and the former law
is continued in effect for that purpose.
(b) Sections 51.317, 51.601, and 51.604, Government Code,
as amended by this Act, and Sections 118.052 and 291.008, Local
Government Code, as amended by this Act, apply only to a civil
action filed on or after September 1, 2003. A civil action filed
before September 1, 2003, is governed by the law in effect on the
date the action was filed, and the former law is continued in effect
for that purpose.
SECTION 11. This Act takes effect September 1, 2003.