By: West S.B. No. 1180
A BILL TO BE ENTITLED
AN ACT
relating to an index of court costs and fees in civil proceedings,
court costs on conviction, and other court-related fees and costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Government Code, is amended by adding
Subtitle I to read as follows:
SUBTITLE I. COURT FEES AND COSTS
CHAPTER 101. FILING FEES AND OTHER
FEES AND COSTS IN CIVIL PROCEEDINGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 101.001. APPLICABILITY OF OTHER LAW. (a) To the
extent of any conflict between the provisions of this chapter and
another state statute, the other statute prevails.
(b) The organizational structure of this subtitle and the
statutory placement of a court fee or cost within that
organizational structure does not:
(1) affect a duty imposed on or the authority granted
to a judge or clerk of a court by any other state statute with
respect to the imposition, assessment, or collection of the fee or
cost; or
(2) impose a duty on or grant authority to a judge or
clerk of a court not otherwise imposed or granted by other law with
respect to the imposition, assessment, or collection of the fee or
cost.
[Sections 101.002-101.020 reserved for expansion]
SUBCHAPTER B. SUPREME COURT
Sec. 101.021. SUPREME COURT FEES AND COSTS. The clerk of
the supreme court shall collect fees and costs as follows:
(1) application for writ of error (Sec. 51.005,
Government Code) . . . $50;
(2) additional fee if application for writ of error is
granted (Sec. 51.005, Government Code) . . . $75;
(3) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the supreme court (Sec. 51.005, Government
Code) . . . $50;
(4) additional fee if a motion under Subdivision (3)
is granted (Sec. 51.005, Government Code) . . . $75;
(5) certified question from a court of appeals to the
supreme court (Sec. 51.005, Government Code) . . . $75;
(6) case appealed to the supreme court from the
district court by direct appeal (Sec. 51.005, Government
Code) . . . $100;
(7) any other proceeding filed in the supreme court
(Sec. 51.005, Government Code) . . . $75;
(8) administering an oath and giving a sealed
certificate of the oath (Sec. 51.005, Government Code) . . . $5;
(9) making certain copies, including certificate and
seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if
more than 10 pages;
(10) any official service performed by the clerk for
which a fee is not otherwise provided (Sec. 51.005, Government
Code) . . . reasonable amount set by order or rule of supreme
court;
(11) issuance of attorney's license or certificate
(Sec. 51.006, Government Code) . . . $10; and
(12) additional filing fee to fund civil legal
services for the indigent (Sec. 51.941, Government
Code) . . . $25.
[Sections 101.022-101.040 reserved for expansion]
SUBCHAPTER C. COURTS OF APPEALS
Sec. 101.041. COURT OF APPEALS FEES AND COSTS. The clerk of
a court of appeals shall collect fees and costs as follows:
(1) for cases appealed to and filed in the court of
appeals from the district and county courts within its court of
appeals district (Sec. 51.207, Government Code) . . . $100;
(2) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the court of appeals (Sec. 51.207, Government
Code) . . . $50;
(3) additional fee if the motion under Subdivision (2)
is granted (Sec. 51.207, Government Code) . . . $75;
(4) motion to file or to extend time to file record on
appeal from district or county court (Sec. 51.207, Government
Code) . . . $10;
(5) administering an oath and giving a sealed
certificate of oath (Sec. 51.207, Government Code) . . . $5;
(6) certified copy of papers of record in court
offices, including certificate and seal (Sec. 51.207, Government
Code) . . . $5, or $1 per page if more than five pages;
(7) comparing any document with the original filed in
the offices of the court for purposes of certification (Sec.
51.207, Government Code) . . . $5, or $1 per page if more than five
pages;
(8) any official service performed by the clerk for
which a fee is not otherwise provided (Sec. 51.207, Government
Code) . . . a reasonable fee set by the order or rule of the supreme
court; and
(9) additional filing fee to fund civil legal services
for the indigent (Sec. 51.941, Government Code) . . . $25.
[Sections 101.042-101.060 reserved for expansion]
SUBCHAPTER D. DISTRICT COURTS
Sec. 101.061. DISTRICT COURT FEES AND COSTS. The clerk of a
district court shall collect fees and costs as follows:
(1) filing fee in action with respect to a fraudulent
court record or fraudulent lien or claim filed against property
(Sec. 12.005, Civil Practice and Remedies Code) . . . $15;
(2) fee for service of notice of action with respect to
a fraudulent court record or fraudulent lien or claim filed against
property (Sec. 12.005, Civil Practice and Remedies Code) . . . not
to exceed $20, if notice delivered in person, or the cost of
postage, if service is by registered or certified mail;
(3) court cost in civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(4) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(5) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) for court-related purposes for support of the
judiciary (Sec. 51.701, Government Code) . . . $40;
(C) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; and
(D) to fund civil legal services for the indigent
(Sec. 51.941, Government Code) . . . $5 or $10, depending on the
matter at issue;
(6) for filing a suit, including an appeal from an
inferior court and for filing a petition for preconviction writ of
habeas corpus (Sec. 51.317, Government Code) . . . $45;
(7) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(8) 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 (Sec. 51.317, Government
Code) . . . $8;
(9) for the records management and preservation fund
(Sec. 51.317, Government Code) . . . $5;
(10) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(11) for issuing a citation, commission for
deposition, writ of execution, order of sale, writ of execution and
order of sale, writ of injunction, writ of garnishment, writ of
attachment, or writ of sequestration not provided for in Section
51.317, or any other writ or process not otherwise provided for,
including one copy if required by law (Sec. 51.318, Government
Code) . . . $8;
(12) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(13) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(14) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(15) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(16) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . $1;
(17) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(18) jury fee (Sec. 51.604, Government
Code) . . . $30;
(19) for filing a report of divorce or annulment (Sec.
194.002, Health and Safety Code) . . . $1;
(20) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $4;
(21) fee for adoption, family, and home study
investigations in an adoption in Dallas County (Sec. 152.0635,
Human Resources Code) . . . not to exceed $250;
(22) fee on filing a suit for dissolution of a marriage
for services of child support department in Harris County, if
authorized by the county commissioners court (Sec. 152.1074, Human
Resources Code) . . . not to exceed $12;
(23) fee on filing a suit requesting an adoption in
Montague County (Sec. 152.1752, Human Resources Code) . . . $25;
(24) court cost on citation for contempt of court for
failure to comply with child support order in Nueces County (Sec.
152.1844, Human Resources Code) . . . not to exceed $10;
(25) fee on filing a suit for divorce in Orange County
(Sec. 152.1873, Human Resources Code) . . . not less than $5;
(26) court costs on citation for contempt of court for
failure to comply with a child support order or order providing for
possession of or access to a child (Sec. 152.1873, Human Resources
Code) . . . amount determined by district clerk;
(27) fee on filing a suit requesting an adoption in
Orange County (Sec. 152.1874, Human Resources Code) . . . not less
than $25;
(28) fee on filing a suit requesting an adoption in
Wichita County (Sec. 152.2496, Human Resources Code) . . . $100;
(29) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(30) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(31) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government
Code) . . . not to exceed $20; and
(32) court cost in civil cases to fund the county law
library fund, if authorized by the county commissioners court (Sec.
323.023, Local Government Code) . . . not to exceed $35.
[Sections 101.062-101.080 reserved for expansion]
SUBCHAPTER E. STATUTORY COUNTY COURTS
Sec. 101.081. STATUTORY COUNTY COURT FEES AND COSTS. The
clerk of a statutory county court shall collect fees and costs as
follows:
(1) court cost in civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(2) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(3) an official court reporter fee, County Court at
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
(4) a court reporter fee when testimony is taken in a
county court at law in McLennan County (Sec. 25.1572, Government
Code) . . . $3;
(5) a stenographer fee, if a record or part of a record
is made:
(A) in a county court at law in Hidalgo County
(Sec. 25.1102, Government Code) . . . $20; and
(B) in a county court at law in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(6) jury fee (Sec. 51.604, Government
Code) . . . $22;
(7) an additional filing fee:
(A) for each civil case filed to be used for
court-related purposes for the support of the judiciary, if
authorized by the county commissioners court (Sec. 51.702,
Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; and
(C) to fund civil legal services for the indigent
(Sec. 51.941, Government Code) . . . $5;
(8) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(9) fee for judge's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(10) fee for prosecutor's services on an application
for court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(11) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $4;
(12) additional filing fee to fund contingency fund
for liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(13) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(14) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(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 (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
after the 120th day after the date of the initial filing of the
action (Sec. 118.052, Local Government Code) . . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code). . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
and
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government
Code) . . . $10;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; and
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2;
(15) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government
Code) . . . $1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Sec. 118.052, Local Government Code) . . . $5;
(16) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(17) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(18) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government
Code) . . . not to exceed $20;
(19) court cost in civil cases to fund the county law
library fund, if authorized by the county commissioners court (Sec.
323.023, Local Government Code) . . . not to exceed $35;
(20) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3;
(21) court cost for each special commissioner in an
eminent domain proceeding (Sec. 21.047, Property Code) . . . $10;
and
(22) fee for county attorney in a suit regarding a
railroad company's failure to keep roadbed and right-of-way in
proper condition (Art. 6327, Vernon's Texas Civil
Statutes) . . . $10.
Sec. 101.082. STATUTORY COUNTY COURT FEES AND COSTS IN
OTHER PROBATE MATTERS. A statutory county court judge shall
collect the following fees in probate matters:
(1) probate of a will (Sec. 118.101, Local Government
Code) . . . $2;
(2) granting letters testamentary, letter of
guardianship, or letter of administration (Sec. 118.101, Local
Government Code) . . . $2;
(3) order of sale (Sec. 118.101, Local Government
Code) . . . $2;
(4) approval and confirmation of sale (Sec. 118.101,
Local Government Code) . . . $2;
(5) decree refusing order of sale or confirmation of
sale (Sec. 118.101, Local Government Code) . . . $2;
(6) decree of partition and distribution (Sec.
118.101, Local Government Code) . . . $2;
(7) decree approving or setting aside the report of a
commissioner of partition and distribution (Sec. 118.101, Local
Government Code) . . . $2;
(8) decree removing an executor, administrator, or
guardian (with the fee to be paid by that executor, administrator,
or guardian) (Sec. 118.101, Local Government Code) . . . $1;
(9) fiat or certificate (Sec. 118.101, Local
Government Code) . . . $2;
(10) continuance (Sec. 118.101, Local Government
Code) . . . $0.10;
(11) orders for which another fee is not prescribed
(Sec. 118.101, Local Government Code) . . . $2;
(12) administering oath or affirmation with
certificate and seal (Sec. 118.101, Local Government
Code) . . . $2; and
(13) administering oath or affirmation without
certificate and seal (Sec. 118.101, Local Government
Code) . . . $0.25.
[Sections 101.083-101.100 reserved for expansion]
SUBCHAPTER F. STATUTORY PROBATE COURTS
Sec. 101.101. STATUTORY PROBATE COURT FEES AND COSTS. The
clerk of a statutory probate court shall collect fees and costs as
follows:
(1) court cost in civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(2) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(3) additional filing fees as follows:
(A) for certain cases to be used for
court-related purposes for support of the judiciary, if authorized
by the county commissioners court (Sec. 51.704, Government
Code) . . . $40; and
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(4) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(5) fee for judge's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(6) fee for prosecutor's services on an application
for court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(7) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(8) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(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 (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
after the 120th day after the date of the initial filing of the
action (Sec. 118.052, Local Government Code) . . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code). . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
and
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government
Code) . . . $10;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; and
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2;
(9) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government
Code) . . . $1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Sec. 118.052, Local Government Code) . . . $5;
(10) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3;
and
(11) court costs for each special commissioner in an
eminent domain proceeding (Sec. 21.047, Property Code) . . . $10.
Sec. 101.102. STATUTORY PROBATE COURT FEES AND COSTS IN
OTHER PROBATE MATTERS. A statutory probate court judge shall
collect the following fees in probate matters:
(1) probate of a will (Sec. 118.101, Local Government
Code) . . . $2;
(2) granting letters testamentary, letter of
guardianship, or letter of administration (Sec. 118.101, Local
Government Code) . . . $2;
(3) order of sale (Sec. 118.101, Local Government
Code) . . . $2;
(4) approval and confirmation of sale (Sec. 118.101,
Local Government Code) . . . $2;
(5) decree refusing order of sale or confirmation of
sale (Sec. 118.101, Local Government Code) . . . $2;
(6) decree of partition and distribution (Sec.
118.101, Local Government Code) . . . $2;
(7) decree approving or setting aside the report of a
commissioner of partition and distribution (Sec. 118.101, Local
Government Code) . . . $2;
(8) decree removing an executor, administrator, or
guardian (with the fee to be paid by that executor, administrator,
or guardian) (Sec. 118.101, Local Government Code) . . . $1;
(9) fiat or certificate (Sec. 118.101, Local
Government Code) . . . $2;
(10) continuance (Sec. 118.101, Local Government
Code) . . . $0.10;
(11) orders for which another fee is not prescribed
(Sec. 118.101, Local Government Code) . . . $2;
(12) administering oath or affirmation with
certificate and seal (Sec. 118.101, Local Government
Code) . . . $2; and
(13) administering oath or affirmation without
certificate and seal (Sec. 118.101, Local Government
Code) . . . $0.25.
[Sections 101.103-101.120 reserved for expansion]
SUBCHAPTER G. COUNTY COURTS
Sec. 101.121. COUNTY COURT FEES AND COSTS. The clerk of a
county court shall collect:
(1) fee for hearing on application for a license to
manufacture, distribute, store, or sell beer (Sec. 61.31, Alcoholic
Beverage Code) . . . $5;
(2) court cost in civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(3) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(4) a jury fee (Sec. 51.604, Government
Code) . . . $22;
(5) a filing fee in each civil case filed to be used
for court-related purposes for the support of the judiciary (Sec.
51.703, Government Code) . . . $40;
(6) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(7) fee for judge's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(8) fee for prosecutor's services on an application
for court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(9) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(10) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(11) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(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 (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
after the 120th day after the date of the initial filing of the
action (Sec. 118.052, Local Government Code) . . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code). . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
and
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government
Code) . . . $10;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; and
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2;
(12) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government
Code) . . . $1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Sec. 118.052, Local Government Code) . . . $5;
(13) deposit on filing petition requesting permission
to create a municipal civic center authority (Sec. 281.013, Local
Government Code) . . . $200;
(14) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(15) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(16) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government
Code) . . . not to exceed $20;
(17) court cost in civil cases to fund the county law
library fund, if authorized by the county commissioners court (Sec.
323.023, Local Government Code) . . . not to exceed $35;
(18) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3;
(19) court cost for each special commissioner in an
eminent domain proceeding (Sec. 21.047, Property Code) . . . $10;
(20) fee for hearing on application to secure a
pension (Art. 6219, Vernon's Texas Civil Statutes) . . . $2;
(21) fee for county attorney in a suit regarding a
railroad company's failure to keep roadbed and right-of-way in
proper condition (Art. 6327, Vernon's Texas Civil
Statutes) . . . $10; and
(22) appeal bond from a petitioner or taxpayer in a
water control and preservation district (Art. 7818, Vernon's Texas
Civil Statutes) . . . $100.
Sec. 101.122. COUNTY COURT FEES AND COSTS IN OTHER PROBATE
MATTERS. A county judge shall collect the following fees in probate
matters:
(1) probate of a will (Sec. 118.101, Local Government
Code) . . . $2;
(2) granting letters testamentary, letter of
guardianship, or letter of administration (Sec. 118.101, Local
Government Code) . . . $2;
(3) order of sale (Sec. 118.101, Local Government
Code) . . . $2;
(4) approval and confirmation of sale (Sec. 118.101,
Local Government Code) . . . $2;
(5) decree refusing order of sale or confirmation of
sale (Sec. 118.101, Local Government Code) . . . $2;
(6) decree of partition and distribution (Sec.
118.101, Local Government Code) . . . $2;
(7) decree approving or setting aside the report of a
commissioner of partition and distribution (Sec. 118.101, Local
Government Code) . . . $2;
(8) decree removing an executor, administrator, or
guardian (with the fee to be paid by that executor, administrator,
or guardian) (Sec. 118.101, Local Government Code) . . . $1;
(9) fiat or certificate (Sec. 118.101, Local
Government Code) . . . $2;
(10) continuance (Sec. 118.101, Local Government
Code) . . . $0.10;
(11) orders for which another fee is not prescribed
(Sec. 118.101, Local Government Code) . . . $2;
(12) administering oath or affirmation with
certificate and seal (Sec. 118.101, Local Government
Code) . . . $2; and
(13) administering oath or affirmation without
certificate and seal (Sec. 118.101, Local Government
Code) . . . $0.25.
[Sections 101.123-101.140 reserved for expansion]
SUBCHAPTER H. JUSTICE COURTS AND SMALL CLAIMS COURTS
Sec. 101.141. JUSTICE COURT AND SMALL CLAIMS COURT FEES AND
COSTS. (a) A clerk of a justice court shall collect fees and costs
as follows:
(1) court cost in civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(2) additional court cost in civil cases to establish
and maintain an alternative dispute resolution system, if
authorized by the commissioners court of a county with a population
of at least 2.5 million (Sec. 152.005, Civil Practice and Remedies
Code) . . . not to exceed $3;
(3) additional filing fees:
(A) to fund Dallas County civil court facilities
(Sec. 51.705, Government Code) . . . not more than $15; and
(B) to fund civil legal services for the indigent
(Sec. 51.941, Government Code) . . . $2;
(4) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50; and
(5) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility (Sec. 685.008,
Transportation Code) . . . $10.
(b) A justice of the peace shall collect the following fees:
(1) services rendered before judgment (Sec. 118.122,
Local Government Code):
(A) justice court (Sec. 118.121, Local
Government Code) . . . $15; and
(B) small claims court (Sec. 118.121, Local
Government Code) . . . $10; and
(2) services rendered after judgment (Secs. 118.121
and 118.123, Local Government Code):
(A) transcript (Sec. 118.121, Local Government
Code) . . . $10;
(B) abstract of judgment (Sec. 118.121, Local
Government Code) . . . $5;
(C) execution, order of sale, writ of
restitution, or other writ or process (Sec. 118.121, Local
Government Code) . . . $5 per page;
(D) certified copy of court papers (Sec. 118.121,
Local Government Code) . . . $2 for first page; $0.25 for each
additional page; and
(E) issuing other document (no return required)
(Sec. 118.121, Local Government Code) . . . $1 for first page;
$0.25 for each additional page.
[Sections 101.142-101.160 reserved for expansion]
SUBCHAPTER I. MUNICIPAL COURTS
Sec. 101.161. MUNICIPAL COURT FEES AND COSTS. The clerk of
a municipal court may collect a fee for a hearing on probable cause
for removal of a vehicle and placement in a storage facility (Sec.
685.008, Transportation Code) . . . $10.
[Sections 101.162-101.180 reserved for expansion]
SUBCHAPTER J. MUNICIPAL COURTS OF RECORD
Sec. 101.181. MUNICIPAL COURTS OF RECORD FEES AND COSTS.
The clerk of a municipal court of record shall collect the following
fees and costs:
(1) from an appellant, a transcript preparation fee
(Sec. 30.00014, Government Code) . . . $25;
(2) from an appellant in the city of El Paso, an
appellate court docket fee (Sec. 30.00147, Government
Code) . . . $25; and
(3) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility (Sec. 685.008,
Transportation Code) . . . $10.
CHAPTER 102. COURT COSTS IN CRIMINAL PROCEEDINGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 102.001. APPLICABILITY OF OTHER LAW. (a) To the
extent of any conflict between the provisions of this chapter and
another state statute, the other statute prevails.
(b) The organizational structure of this subtitle and the
statutory placement of a court fee or cost within that
organizational structure does not:
(1) affect a duty imposed on or the authority granted
to a judge or clerk of a court by any other state statute with
respect to the imposition, assessment, or collection of the fee or
cost; or
(2) impose a duty on or grant authority to a judge or
clerk of a court not otherwise imposed or granted by other law with
respect to the imposition, assessment, or collection of the fee or
cost.
[Sections 102.002-102.020 reserved for expansion]
SUBCHAPTER B. COURT COSTS ON CONVICTION
Sec. 102.021. COURT COSTS ON CONVICTION. A person
convicted of an offense shall pay, in addition to all other costs:
(1) court costs on conviction of a felony (Art. 56.55,
Code of Criminal Procedure) . . . $45;
(2) court costs on conviction of certain municipal
ordinances or misdemeanors (Art. 56.55, Code of Criminal
Procedure) . . . $35/$15;
(3) court costs on certain convictions in certain
statutory county courts (Sec. 51.702, Government Code) . . . $15;
(4) court costs on certain convictions in certain
county courts (Sec. 51.703, Government Code) . . . $15;
(5) a time payment fee (Sec. 51.921, Government
Code) . . . $25;
(6) court costs on any criminal offense for judicial
and court personnel training fund (Sec. 56.001, Government
Code) . . . $2;
(7) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(8) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal
Procedure) . . . $5;
(B) executing or processing an issued arrest
warrant or capias (Art. 102.011, Code of Criminal
Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(9) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal
Procedure) . . . $10 per day or part of a day, plus actual
necessary travel expenses;
(10) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual
cost;
(11) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(12) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(13) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal
Procedure) . . . $20;
(14) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal
Procedure) . . . $15;
(15) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(16) cost for fugitive apprehension (Art. 102.019,
Code of Criminal Procedure) . . . $5;
(17) cost for DNA testing for certain felonies (Art.
102.020, Code of Criminal Procedure) . . . $250;
(18) court cost on an offense of public lewdness or
indecent exposure (Art. 102.020, Code of Criminal
Procedure) . . . $50;
(19) court cost on a felony or an offense punishable by
imprisonment or confinement in jail for a term of more than one year
(Art. 102.075, Code of Criminal Procedure) . . . $81;
(20) court cost on a Class A or B misdemeanor, offense
punishable by confinement in jail for a term of not more than one
year, or a municipal ordinance punishable by a fine of more than
$500 (Art. 102.075, Code of Criminal Procedure) . . . $41;
(21) court cost of any offense punishable by fine
only, other than a municipal ordinance punishable by a fine of more
than $500 (Art. 102.075, Code of Criminal Procedure) . . . $18;
(22) court cost on conviction of a misdemeanor under
Subtitle C, Title 7, Transportation Code (Sec. 542.403,
Transportation Code) . . . $3; and
(23) cost for impoundment of vehicle (Sec. 601.263,
Transportation Code) . . . $15 per day.
[Sections 102.022-102.040 reserved for expansion]
SUBCHAPTER C. CRIMINAL COURT COSTS IN DISTRICT COURT
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
DISTRICT COURT. The clerk of a district court shall collect fees
and costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $20;
(4) a security fee on a felony offense (Art. 102.017,
Code of Criminal Procedure) . . . $5;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(6) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5; and
(7) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $4.
[Sections 102.042-102.060 reserved for expansion]
SUBCHAPTER D. CRIMINAL COURT COSTS IN STATUTORY COUNTY COURT
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT. The clerk of a statutory county court shall
collect fees and costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $20;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5; and
(6) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $4.
[Sections 102.062-102.080 reserved for expansion]
SUBCHAPTER E. CRIMINAL COURT COSTS IN COUNTY COURT
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT. The clerk of a county court shall collect fees and
costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $20;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5.
[Sections 102.082-102.100 reserved for expansion]
SUBCHAPTER F. CRIMINAL COURT COSTS IN JUSTICE COURT
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT. A clerk of a justice court shall collect fees and
costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of
$3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . not to exceed $4;
and
(6) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $1.50.
[Sections 102.102-102.120 reserved for expansion]
SUBCHAPTER G. CRIMINAL COURT COSTS IN MUNICIPAL COURT
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT. The clerk of a municipal court shall collect fees
and costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of
$3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4.
[Sections 102.122-102.140 reserved for expansion]
SUBCHAPTER H. CRIMINAL COURT COSTS IN
MUNICIPAL COURT OF RECORD
Sec. 102.141. ADDITIONAL COURT COSTS IN MUNICIPAL COURT OF
RECORD. The clerk of a municipal court of record shall collect the
following fees and costs:
(1) from a defendant on conviction, a fee for
technology fund on a misdemeanor offense (Art. 102.0172, Code of
Criminal Procedure) . . . not to exceed $4;
(2) from an appellant, a transcript preparation fee
(Sec. 30.00014, Government Code) . . . $25; and
(3) from an appellant in the city of El Paso, an
appellate court docket fee (Sec. 30.00147, Government
Code) . . . $25.
[Sections 102.142-102.160 reserved for expansion]
SUBCHAPTER I. CRIMINAL COURT COSTS IN JUSTICE COURT
Sec. 102.161. ADDITIONAL COURT COSTS IN JUSTICE COURT. The
clerk of a justice court shall collect the following fees and costs:
(1) from a defendant on conviction of certain offenses
involving issuing or passing a subsequently dishonored check (Sec.
3.506, Business & Commerce Code; Art. 102.0071, Code of Criminal
Procedure) . . . not to exceed $25; and
(2) from a defendant on conviction of a Class C
misdemeanor in a county with a population of 3.3 million or more, if
authorized by the county commissioners court (Art. 102.009, Code of
Criminal Procedure) . . . not to exceed $7.
CHAPTER 103. ADDITIONAL COURT FEES AND COSTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 103.001. APPLICABILITY OF OTHER LAW. (a) To the
extent of any conflict between the provisions of this chapter and
another state statute, the other statute prevails.
(b) The organizational structure of this subtitle and the
statutory placement of a court fee or cost within that
organizational structure does not:
(1) affect a duty imposed on or the authority granted
to a judge or clerk of a court by any other state statute with
respect to the imposition, assessment, or collection of the fee or
cost; or
(2) impose a duty on or grant authority to a judge or
clerk of a court not otherwise imposed or granted by other law with
respect to the imposition, assessment, or collection of the fee or
cost.
[Sections 103.002-103.020 reserved for expansion]
SUBCHAPTER B. MISCELLANEOUS FEES AND COSTS
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL CASES.
An accused or defendant, as applicable, shall pay the following
fees and costs:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . $20;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal
Procedure) . . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50
for a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence shelter center fee (Art. 42.12,
Code of Criminal Procedure) . . . not to exceed $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
month;
(11) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(12) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(13) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal
Procedure) . . . not to exceed amount of fine assessed;
(14) a driver safety course fee for certain traffic
offenses (Art. 45.0511, Code of Criminal Procedure) . . . not to
exceed $10;
(15) a special expense for deferred disposition for
certain traffic offenses (Art. 45.0511, Code of Criminal
Procedure) . . . not to exceed $10;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15
per mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal
Procedure) . . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal
Procedure) . . . not to exceed $75;
(22) a fee for pretrial intervention program (Art.
102.012, Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5;
and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction;
(25) a fee for collection of delinquent fine for a
motor vehicle misdemeanor from a person who owes the fine (Art.
103.013, Code of Criminal Procedure) . . . in an amount equal to
the lesser of 20 percent of the amount of the fine or $50;
(26) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec.
25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in
Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County
(Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;
(27) a speedy trial filing fee in El Paso County (Sec.
54.745, Government Code) . . . $100;
(28) costs for use of magistrate in Brazos County
(Sec. 54.1056, Government Code, as added by Chapter 954, Acts of the
77th Legislature, Regular Session, 2001) . . . not to exceed $50;
(29) an administrative fee for participation in
certain community supervision programs (Sec. 76.015, Government
Code) . . . not less than $25 and not more than $40 per month;
(30) in family matters:
(A) issuing writ of withholding (Sec. 8.262,
Family Code) . . . $15;
(B) filing copy of writ of withholding to
subsequent employer (Sec. 8.267, Family Code) . . . $15;
(C) issuing and delivering modified writ of
withholding or notice of termination (Sec. 8.302, Family
Code) . . . $15;
(D) issuing and delivering notice of termination
of withholding (Sec. 8.303, Family Code) . . . $15;
(E) issuance of change of name certificate (Sec.
45.106, Family Code) . . . $10;
(F) protective order fee (Sec. 81.003, Family
Code) . . . $16;
(G) filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
(H) filing fees for suits affecting parent-child
relationship (Sec. 110.002, Family Code):
(i) suit for modification (Sec. 110.002,
Family Code) . . . $15;
(ii) motion for enforcement (Sec. 110.002,
Family Code) . . . $15;
(iii) notice of application for judicial
writ of withholding (Sec. 110.002, Family Code) . . . $15;
(iv) motion to transfer (Sec. 110.002,
Family Code) . . . $15;
(v) petition for license suspension (Sec.
110.002, Family Code) . . . $15; and
(vi) motion to revoke a stay of license
suspension (Sec. 110.002, Family Code) . . . $15;
(I) order or writ of income withholding to be
delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(J) filing fee for transferred case (Sec.
110.005, Family Code) . . . $45;
(K) filing a writ of withholding (Sec. 158.319,
Family Code) . . . $15;
(L) filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family
Code) . . . not to exceed $15; and
(M) filing an administrative writ to employer
(Sec. 158.503, Family Code) . . . not to exceed $15;
(31) in juvenile court:
(A) fee schedule for deferred prosecution
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a
month;
(B) a teen court administration fee (Sec. 54.032,
Family Code) . . . not to exceed $10;
(C) court costs for juvenile probation diversion
fund (Sec. 54.0411, Family Code) . . . $20;
(D) a graffiti eradication fee (Sec. 54.0461,
Family Code) . . . $5; and
(E) a court fee for child's probationary period
(Sec. 54.061, Family Code) . . . not to exceed $15 a month;
(32) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15;
(33) administrative fee on dismissal of charge of
driving with an expired motor vehicle registration (Sec. 502.407,
Transportation Code) . . . not to exceed $10;
(34) administrative fee on dismissal of charge of
driving with an expired driver's license (Sec. 521.026,
Transportation Code) . . . not to exceed $10;
(35) administrative fee on remediation of charge of
driving with an expired inspection certificate (Sec. 548.605,
Transportation Code) . . . not to exceed $10;
(36) administrative fee for failure to appear for a
complaint or citation on certain offenses (Sec. 706.006,
Transportation Code) . . . $30 for each violation; and
(37) administrative fee for failure to pay or satisfy
certain judgments (Sec. 706.006, Transportation Code) . . . $30.
Sec. 103.022. MISCELLANEOUS FEES AND COSTS. The following
fees and costs shall be paid or collected as follows:
(1) fee for use of an interpreter in civil cases (Sec.
21.051, Civil Practice and Remedies Code) . . . $3;
(2) fee for custodian of a record compelled by a court
to produce or certify the record (Sec. 22.004, Civil Practice and
Remedies Code) . . . $1;
(3) cost for use of certified copy of the record of
names of all trustees appointed by any state organization of a
religious congregation in this state (Sec. 126.012, Civil Practice
and Remedies Code) . . . $1.50;
(4) filing of a restitution lien (Art. 42.22, Code of
Criminal Procedure) . . . $5;
(5) issuance and service of a warrant of arrest for
certain offenses (Art. 45.203, Code of Criminal
Procedure) . . . not to exceed $25;
(6) filing a certified copy of a judicial finding of
fact and conclusion of law (Sec. 51.905, Government
Code) . . . $15;
(7) costs of determining and sending information
concerning the identity of the court with continuing, exclusive
jurisdiction (Sec. 108.006, Family Code) . . . reasonable fee;
(8) initial operations fee paid to domestic relations
office on filing of a suit affecting the parent-child relationship,
if authorized by the administering entity (Sec. 203.005, Family
Code) . . . not to exceed $15;
(9) initial child support service fee paid to domestic
relations office in certain counties on filing of a suit affecting
the parent-child relationship, if authorized by the administering
entity (Sec. 203.005, Family Code) . . . not to exceed $36;
(10) service fee for services of a domestic relations
office, if authorized by the administering entity (Sec. 203.005,
Family Code) . . . not to exceed $3 per month;
(11) fee from a Title IV-D agency for each item of
process to each individual on whom service is required, including
service by certified or registered mail (Sec. 231.202, Family
Code) . . . $45;
(12) a copy of records of spousal or child support and
fees administered in Dallas County (Sec. 152.0634, Human Resources
Code) . . . not to exceed $2 per page;
(13) collecting, disbursing, or monitoring spousal or
child support payments in Dallas County (Sec. 152.0635, Human
Resources Code) . . . not to exceed $3 per month;
(14) certain transactions with respect to a suit for
spousal support or a suit affecting the parent-child relationship
in Harris County, if authorized by the county commissioners court
(Sec. 152.1074, Human Resources Code) . . . not to exceed $2 per
transaction;
(15) child support service fee in Nueces County, if
authorized by the county commissioners court (Sec. 152.1844, Human
Resources Code) . . . not to exceed $5 per month; and
(16) services by the offices of the sheriff and
constables (Sec. 118.131, Local Government Code) . . . amount set
by county commissioners court.
CHAPTER 104. EDITORIAL POWERS
Sec. 104.001. DEFINITIONS. In this chapter:
(1) "Council" means the Texas Legislative Council.
(2) "Executive director" means the executive director
of the council.
Sec. 104.002. EDITORIAL POWERS FOR SUBTITLE. (a) The
executive director shall perform the duties of revisor of this
subtitle or designate an employee to perform those duties. The
powers provided by this section are authorized as part of the
statutory revision program for the purposes of:
(1) conforming the provisions of this subtitle to Acts
of the legislature that amended or repealed a law referenced in this
subtitle or added new law on the subject matter included in this
subtitle; and
(2) renumbering or relettering chapters, subchapters,
sections, subsections, subdivisions, paragraphs, and other
numbered or lettered units included in this subtitle consistently
with the organization and arrangement of the state's codes.
(b) In carrying out these powers the revisor may not alter
the sense, meaning, or effect of a statute. If the revisor is in
doubt whether a specific change is authorized by this section, the
revisor may not make the change but shall incorporate the proposed
change into legislation.
(c) In accordance with this section, the revisor may:
(1) renumber or rearrange sections;
(2) combine sections into other sections;
(3) divide sections into other sections so as to give
to distinct subject matters a section number or letter;
(4) substitute a reference to the proper section for
the terms "this act," "the preceding section," and the like;
(5) substitute figures for written words and vice
versa;
(6) substitute the date on which the law becomes
effective for the words "the effective date of this Act," and the
like;
(7) change capitalization for the purpose of
uniformity;
(8) correct manifest clerical, typographical,
grammatical, or punctuation errors;
(9) correct obviously misspelled words; and
(10) change references to agree with renumbered or
relettered sections or to properly reflect references to other
statutes.
(d) The revisor shall publish proposed actions under this
section in a report the form of which is designed to clearly
identify each proposed action, including words to be added or
deleted, and the purpose of each proposed action. The revisor shall
make the report available on the council's Internet site.
(e) The revisor shall file notice of the report described by
Subsection (d) with the secretary of state for publication in the
Texas Register. The notice must contain:
(1) a brief explanation of the report;
(2) the intended effective date of the proposed
actions;
(3) the Internet address at which the report is
available;
(4) a description of how interested persons may obtain
the text of the report; and
(5) a request for comment on the proposed actions by
affected governmental agencies and any other interested person.
(f) The effective date of actions proposed in the report may
not be earlier than the 61st day after the date notice is published
in the Texas Register.
(g) The revisor shall give all interested persons a
reasonable opportunity to comment on the actions proposed in the
report and shall fully consider all comments.
(h) The final actions of the revisor under this section
shall be effected by order issued by the revisor, filed with the
secretary of state, and published on the council's Internet site.
The order takes effect on the date stated in the order. The
secretary of state shall publish the order in the Texas Register.
(i) The revisor shall make actions under this section
available to each publisher of Texas statutes, and the text of the
statutes published by the publisher shall reflect the actions of
the revisor.
(j) The saving provisions of Section 311.031 apply to
actions by the revisor under this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.