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By: Goolsby H.B. No. 3183
A BILL TO BE ENTITLED
AN ACT
relating to county and district court filing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 51.317(b) and (c), Government Code, are
amended to read as follows:
(b) The fees are:
(1) except as provided by Subsection (b-1), for
filling a suit, including an appeal from an inferior court $50
(2) for filling a cross-action, counterclaim,
intervention, contempt action, motion for new trial, [or]
third-party petition, or motion to transfer $15
SECTION 2. Section 51.318(b), Government Code, is amended
to read as follows:
(b) The fees are:
(1) for issuing a subpoena, including one copy $15
[$8]
(2) 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 $15 [$8]
(3) for searching files or records to locate a cause
when the docket number is not provided $5
(4) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
$5;
(5) for abstracting a judgment $15 [$8]
(6) for approving a bond $4;
(7) 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 $5, plus a fee for each page
or part of a page of the copy $1
(8) for a noncertified copy, for each page or part of a
page an amount not to exceed $1
SECTION 3. Section 118.052, Local Government Code, is
amended to read as follows:
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
shall collect the following fees for services rendered to any
person:
(1) CIVIL COURT ACTIONS
(C) Services Rendered After Judgment in Original
Action (Sec. 118.0545):
(i) Abstract of judgment...$15.00 [$5.00]
(ii) Execution, order of sale, writ, or
other process ... $15.00 [$5]
(3) OTHER FEES
(A) Issuing Document (Sec. 118.059):
original document and one copy ...$15.00 [$4.00]
each additional set of an original and one copy
... $15.00 [$4.00];
SECTION 4. Section 101.061, Government Code, is
amended to read as follows:
Sec. 101.061. DISTRICT COURT FEES AND COSTS. The
clerk of a district court shall collect fees and costs as follows:
(10) for issuing a subpoena, inlcuding one copy (Sec.
51.318, Government Code) ... $15 [$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) ... $15 [$8];
(14) for abstracting a judgement (Sec. 51.318,
Government Code) ... $15 [$8];
(16) for a certified copy of a record, judgement,
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) ... $5, plus a fee of
$1 for each page or part of a page of the copy [$1];
SECTION 5. Section 101.081, Government Code, is amended to
read as follows:
Sec. 101.081. STATUTORY COUNTY COURT FEES AND COSTS. The
clerk of a statutory county court shall collect fees and costs as
follows:
(13) civil court actions (Sec. 118.052, Local
Government Code):
(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) . . . $15 [$5]; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) ... $15 [$5];
(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) ... $15 [$4]; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) ... $15 [$4];
SECTION 6. Section 101.101, Government Code, is amended to
read as follows:
Sec. 101.101. STATUTORY PROBATE COURT FEES AND COSTS. The
clerk of a statutory probate court shall collect fees and costs as
follows:
(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) . . . $15 [$4]; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) ... $15 [$4];
SECTION 7. Section 101.121, Government Code, is amended to
read as follows:
Sec. 101.121. COUNTY COURT FEES AND COSTS. The clerk of a
county court shall collect:
(10) civil court actions (Sec. 118.052, Local
Government Code):
(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) ... $15 [$5]; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) ... $15 [$5];
(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) ... $15 [$4]; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) ... $15 [$4];
SECTION 8. (a) Section 51.317, Government Code, as amended
by this Act applies only to a filing made on or after the effective
date of this Act. A filing made before the effective date of this
Act is governed by the law in effect on the date the filing was made,
and the former law is continued in effect for that purpose.
(b) Section 51.318, Government Code, as amended by this Act,
applies only to the issuance or provision of a document on or after
the effetive date of this Act. The issuance or provision of a
document before the effective date of this Act is governed by the
law in effect on the date the document was issued or provided, and
the former law is continued in effect for that purpose.
(c) Section 118.052, Local Government Code, as amended by
this Act, applies only to services rendered by the clerk of a county
court or a filing made on or after the effective date of this Act.
Services rendered by the clerk of a county court or a filing made
before the effective date of this Act is governed by the law in
effect on the date the services were rendered or the filing was
made, and the former law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2005.