78R7371 KLA-D
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
and court costs on conviction.
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. To the extent of
any conflict between the provisions of this chapter and another
state statute, the other statute prevails.
[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) issuance of attorney's license or certificate
(Sec. 51.006, Government Code) . . . $10; and
(9) 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 by this section (Sec. 51.207,
Government Code) . . . a reasonable fee set by the order or rule of
the supreme court;
(9) court reporter fee when testimony is taken, a
county criminal court of appeals in Dallas County (Sec. 25.0594,
Government Code) . . . $3; and
(10) 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) on conviction of a defendant:
(A) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(B) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(C) a security fee on a felony offense (Art.
102.017, Code of Criminal Procedure) . . . $5;
(D) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(E) a graffiti eradication fee (Art. 102.0171,
Code of Criminal Procedure) . . . $5;
(2) 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;
(3) additional filing fees:
(A) for each suit filed for insurance contingency
fund (Sec. 51.302, Government Code) . . . $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 (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;
(4) 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;
(5) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(6) 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;
(7) for the records management and preservation fund
(Sec. 51.317, Government Code) . . . $5;
(8) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(9) 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;
(10) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(11) 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;
(12) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(13) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(14) 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;
(15) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1; and
(16) jury fee (Sec. 51.604, Government
Code) . . . $30.
[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) on conviction of a defendant:
(A) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(B) a fee for services of the clerk of the court
(Art. 102.005, Code of Criminal Procedure) . . . $40;
(C) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(D) a graffiti eradication fee (Art. 102.0171,
Code of Criminal Procedure) . . . $5;
(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:
(A) in a criminal court in Dallas County (Sec.
25.0593, Government Code) . . . $3; and
(B) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;
(5) a stenographer fee:
(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) a jury fee (Sec. 51.604, Government
Code) . . . $22; and
(7) an additional filing fee:
(A) for each civil case filed to be used for
court-related purposes for the support of the judiciary (Sec.
51.702, Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities (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.
[Sections 101.082-101.100 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) 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; and
(2) additional filing fees as follows:
(A) for certain cases to be used for
court-related purposes for support of the judiciary (Sec. 51.704,
Government Code) . . . $40; and
(B) to fund the improvement of Dallas County
civil court facilities (Sec. 51.705, Government Code) . . . not
more than $15.
[Sections 101.102-101.120 reserved for expansion]
SUBCHAPTER G. COUNTY COURTS
Sec. 101.121. COUNTY COURT FEES AND COSTS. The clerk of a
constitutional county court shall collect:
(1) on conviction of a defendant:
(A) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(B) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(C) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(D) a graffiti eradication fee (Art. 102.0171,
Code of Criminal Procedure) . . . $5;
(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) a jury fee (Sec. 51.604, Government
Code) . . . $22;
(4) 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;
(5) 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;
(6) 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; and
(7) 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) plus 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.
Sec. 101.122. COUNTY COURT FEES AND COSTS IN 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) on conviction of a defendant:
(A) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(B) a fee for withdrawing request for jury less
than 24 hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(C) a jury fee for two or more defendants tried
jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury
fee of $3;
(D) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(E) a fee for technology fund on a misdemeanor
offense (Art. 102.0173, Code of Criminal Procedure) . . . not to
exceed $4;
(2) a request fee for teen court program (Art. 45.052,
Code of Criminal Procedure) . . . not to exceed $10;
(3) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $10; and
(4) 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.
(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 fees and costs as follows:
(1) a request fee for teen court program (Art. 45.052,
Code of Criminal Procedure) . . . not to exceed $10;
(2) a fee to cover costs of required teen court duties
(Art. 45.052, Code of Criminal Procedure) . . . $10; and
(3) on conviction of a defendant:
(A) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(B) a fee for withdrawing request for jury less
than 24 hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(C) a jury fee for two or more defendants tried
jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury
fee of $3;
(D) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(E) a fee for technology fund on a misdemeanor
offense (Art. 102.0172, Code of Criminal Procedure) . . . not to
exceed $4.
[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) on conviction, a fee for technology fund on a
misdemeanor offense (Art. 102.0172, Code of Criminal
Procedure) . . . not to exceed $4;
(2) a transcript preparation fee (Sec. 30.00014,
Government Code) . . . $25; and
(3) an appellate court docket fee in the city of El
Paso (Sec. 30.00147, Government Code) . . . $25.
CHAPTER 102. COURT COSTS ON CONVICTION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 102.001. APPLICABILITY OF OTHER LAW. To the extent of
any conflict between the provisions of this chapter and another
state statute, the other statute prevails.
[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; and
(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;
(9) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . 29 cents per mile;
(10) 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;
(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 for fugitive apprehension (Art. 102.019,
Code of Criminal Procedure) . . . $5;
(16) cost for DNA testing for certain felonies (Art.
102.020, Code of Criminal Procedure) . . . $250;
(17) court cost on an offense of public lewdness or
indecent exposure (Art. 102.020, Code of Criminal
Procedure) . . . $50;
(18) 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;
(19) 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 for a fine of more than
$500 (Art. 102.075, Code of Criminal Procedure) . . . $41; and
(20) court cost of any offense punishable by fine
only, other than a municipal ordinance punishable for a fine of
more than $500 (Art. 102.075, Code of Criminal
Procedure) . . . $18.
CHAPTER 103. ADDITIONAL COURT FEES AND COSTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 103.001. APPLICABILITY OF OTHER LAW. To the extent of
any conflict between the provisions of this chapter and another
state statute, the other statute prevails.
[Sections 103.002-103.020 reserved for expansion]
SUBCHAPTER B. MISCELLANEOUS FEES AND COSTS
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL CASES.
(a) An accused or defendant shall pay the following fees and costs:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . $20;
(2) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(3) a driver safety course fee for certain traffic
offenses (Art. 45.0511, Code of Criminal Procedure) . . . not to
exceed $10;
(4) a special expense for deferred disposition for
certain traffic offenses (Art. 45.0511, Code of Criminal
Procedure) . . . not to exceed $10;
(5) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . 15 cents
per mile;
(6) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(7) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(8) 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;
(9) a fee for pretrial intervention program (Art.
102.012, Code of Criminal Procedure) . . . not to exceed $500;
(10) 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;
(11) 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;
(12) 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;
(13) a speedy trial filing fee in El Paso County (Sec.
54.745, Government Code) . . . $100;
(14) costs for use of magistrate in Brazos County
(Sec. 54.1056, Government Code) . . . not to exceed $50;
(15) 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;
(16) 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;
(17) 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; and
(18) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15.
Sec. 103.022. MISCELLANEOUS FEES AND COSTS. The following
fees and costs shall be paid or collected as follows:
(1) filing of a restitution lien (Art. 42.22, Code of
Criminal Procedure) . . . $5;
(2) issuance and service of a warrant of arrest for
certain offenses (Art. 45.203, Code of Criminal
Procedure) . . . not to exceed $25;
(3) filing a certified copy of a judicial finding of
fact and conclusion of law (Sec. 51.905, Government
Code) . . . $15;
(4) costs of determining and sending information
concerning the identity of the court with continuing, exclusive
jurisdiction (Sec. 108.006, Family Code) . . . reasonable fee; and
(5) 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.
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.