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79R5164 RMB-D
By: Rose H.B. No. 1035
A BILL TO BE ENTITLED
AN ACT
relating to certain fees and costs that may be collected from a
surety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.19, Code of Criminal Procedure, is
amended by adding Subsections (f) and (g) to read as follows:
(f) A surety filing an affidavit in a county court, county
court at law, or district court or in any magistrate court of a
county shall pay the following fees:
(1) for filing the affidavit with the clerk of the
court, $15;
(2) for issuance of the warrant by the clerk, $15;
(3) for issuance of the precept by the clerk, $15; and
(4) for a warrant executed or processed by a peace
officer, an amount set by the commissioners court of the county that
is reasonable and necessary to recover the costs of executing or
processing the warrant.
(g) The fees described by Subsection (f) shall be collected
and distributed by the clerk of the court in the same manner as fees
are collected and distributed under Section 51.317, Government
Code.
SECTION 2. Section 103.022, Government Code, is amended to
read as follows:
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 if prescribed by the municipality (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 if charged by the secretary of state
(Sec. 51.905, Government Code) . . . $15;
(7) costs of determining and sending information
concerning the identity of the court with continuing, exclusive
jurisdiction if charged by the bureau of vital statistics (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)
. . . the amount that a sheriff or constable may charge for serving
process under Section 118.131, Local Government Code;
(12) a copy of records of spousal or child support and
fees administered in Dallas County if authorized by the local
administrative judge (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) fee for adoption, family, and home study
investigations in an adoption in Dallas County (Sec. 152.0635,
Human Resources Code) . . . not to exceed $250;
(15) 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;
(16) 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;
(17) services by the offices of the sheriff and
constables (Sec. 118.131, Local Government Code) . . . amount set
by county commissioners court;
(18) cost paid by each surety posting the bail bond for
an offense other than a misdemeanor punishable by fine only under
Chapter 17, Code of Criminal Procedure, for the felony prosecutor
supplement fund and the fair defense account (Sec. 41.258,
Government Code) . . . $15, provided the cost does not exceed $30
for all bail bonds posted at that time for an individual and the
cost is not required on the posting of a personal or cash bond;
(19) appraiser's fee as court costs for determining
the fair value of ownership interests of owners who have perfected
their rights (Sec. 10.365, Business Organizations Code) . . . a
reasonable fee; [and]
(20) to participate in a court proceeding in this
state, a nonresident attorney fee for civil legal services to the
indigent (Sec. 82.0361, Government Code) . . . $250 except as
waived or reduced under supreme court rules for representing an
indigent person;
(21) fee paid by each surety filing an affidavit to
obtain a warrant (Art. 17.19, Code of Criminal Procedure)
. . . $15;
(22) fee paid by each surety for issuance of a warrant
(Art. 17.19, Code of Criminal Procedure) . . . $15;
(23) fee paid by each surety for issuance of a precept
(Art. 17.19, Code of Criminal Procedure) . . . $15; and
(24) fee paid by each surety for a warrant executed or
processed by a peace officer (Art. 17.19, Code of Criminal
Procedure) . . . the amount set by the commissioners court of the
county that is reasonable and necessary to recover the costs of
executing or processing the warrant.
SECTION 3. This Act takes effect September 1, 2005.