79R6510 RMB-D

By:  Duncan                                                       S.B. No. 832


A BILL TO BE ENTITLED
AN ACT
relating to the compensation of state judges and to the computation of retirement benefits for members of the elected class of the Employees Retirement System of Texas. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 659.012(a) and (d), Government Code, are amended to read as follows: (a) Notwithstanding Section 659.011: (1) a judge of a district court is entitled to an annual salary from the state of $101,000, except that unless otherwise provided by law, the combined salary of a district judge from state and county sources may not exceed $111,000 [justice of the supreme court is entitled to an annual salary from the state that is at least $102,463]; (2) a justice of a court of appeals other than the chief justice is entitled to an annual salary from the state of $137,500 [that is five percent less than the salary provided by the General Appropriations Act for a justice of the supreme court, except that the combined salary of a justice of the court of appeals other than the chief justice from all state and county sources may not exceed the amount that is $1,000 less than the salary provided for a justice of the supreme court]; (3) a justice of the supreme court other than the chief justice or a judge of the court of criminal appeals other than the presiding judge is entitled to an annual salary from the state of $150,000; and (4) the chief justice or presiding judge of an appellate [a] court [of appeals] is entitled to an annual salary from the state that is $2,500 more than the salary provided for the other justices or judges of the court [of appeals, except that the combined salary of the chief justice of a court of appeals may not exceed the amount that is $500 less than the salary provided for a justice of the supreme court; and [(4) a judge of a district court is entitled to an annual salary from the state that is 10 percent less than the salary provided in the General Appropriations Act for a justice of the supreme court, except that unless otherwise provided by law, the combined salary of a district judge from state and county sources may not exceed the amount that is $2,000 less than the salary provided for a justice of the supreme court]. (d) In a county with more than five district courts, a district judge who serves as a local administrative district judge under Section 74.091 is entitled to an annual salary from the state that is $5,000 more than the salary from the state to which the judge is otherwise entitled under Subsection (a)(1) [(c)]. SECTION 2. Section 659.0125, Government Code, is amended to read as follows: Sec. 659.0125. SALARY FOR LOCAL ADMINISTRATIVE JUDGE. In a county with more than six district courts, a district judge who serves as a local administrative district judge under Section 74.091 is entitled to an annual salary from the state that is $5,000 more than the salary from the state to which the judge is otherwise entitled under Section 659.012 [659.012(c)]. SECTION 3. Section 32.043(a), Government Code, is amended to read as follows: (a) The [Notwithstanding Section 659.012, the] Commissioners Court of Collin County may budget for and pay the judges of the district courts having jurisdiction in the county an annual salary set by the commissioners court for services rendered and for performing administrative services. SECTION 4. Section 32.070(a), Government Code, is amended to read as follows: (a) The [Notwithstanding Section 659.012, the] Commissioners Court of Ellis County may budget for and pay the judges of the district courts having jurisdiction in the county an annual salary paid by the commissioners court for services rendered and for performing administrative duties. SECTION 5. Section 32.101(a), Government Code, is amended to read as follows: (a) The [Notwithstanding Section 659.012, the] Commissioners Court of Harris County may budget for and pay the judges of the district courts having jurisdiction in that county an annual salary of not less than $12,000 nor more than $25,000 [in an amount set by the commissioners court] for judicial and administrative services. SECTION 6. Section 32.109(a), Government Code, is amended to read as follows: (a) The [Notwithstanding Section 659.012, the] Commissioners Court of Hill County may budget for and pay the judges of the district courts having jurisdiction in the county an annual salary paid by the commissioners court for services rendered and for performing administrative duties. SECTION 7. Section 32.220(a), Government Code, is amended to read as follows: (a) The [Notwithstanding Section 659.012, the] Commissioners Court of Tarrant County may budget and pay the judges of the district courts and criminal district courts having jurisdiction only in that county an annual salary of $8,000 [in an amount set by the commissioners court] for services rendered and for administrative duties. SECTION 8. Section 32.227(a), Government Code, is amended to read as follows: (a) The [Notwithstanding Section 659.012, the] Commissioners Court of Travis County may pay the judges of the district courts having jurisdiction in the county an annual salary in an amount set by the commissioners court for services rendered and for performing administrative duties. SECTION 9. Section 32.246(a), Government Code, is amended to read as follows: (a) The [Notwithstanding Section 659.012, the] Commissioners Court of Williamson County may budget for and pay the judges of the district courts having jurisdiction in the county an annual salary paid by the commissioners court for services rendered and for performing administrative duties. SECTION 10. Subchapter C, Chapter 72, Government Code, is amended by adding Section 72.030 to read as follows: Sec. 72.030. COLLECTION OF DATA RELATING TO JUDICIAL TURNOVER. (a) The office biennially shall collect data relating to: (1) the rate at which state judges resign from office or do not seek reelection; and (2) the reason for action under Subdivision (1). (b) Not later than December 1 of each even-numbered year, the office shall file a report containing the data collected under Subsection (a) for the preceding state fiscal biennium with the lieutenant governor, the speaker of the house of representatives, and the presiding officers of the standing committees of each house of the legislature with jurisdiction over the judiciary or appropriations. SECTION 11. Subchapter H, Chapter 81, Government Code, is amended by adding Section 81.116 to read as follows: Sec. 81.116. COLLECTION OF DATA RELATING TO ATTORNEY COMPENSATION. (a) The state bar shall biennially collect data relating to the compensation of lawyers engaged in the private practice of law. (b) Not later than December 1 of each even-numbered year, the state bar shall file a report containing the data collected under Subsection (a) for the preceding state fiscal biennium with the lieutenant governor, the speaker of the house of representatives, and the presiding officers of the standing committees of each house of the legislature with jurisdiction over the judiciary or appropriations. SECTION 12. Section 814.103, Government Code, is amended to read as follows: Sec. 814.103. SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS SERVICE. (a) Except as provided by Subsection (b) and Section 814.1031, the standard service retirement annuity for service credited in the elected class of membership is an amount equal to the number of years of service credit in that class, times 2.3 [two] percent of the state salary, as adjusted from time to time, being paid the governor [a district judge]. (b) The standard service retirement annuity for service credited in the elected class may not exceed at any time 100 percent of the state salary being paid the governor [a district judge]. SECTION 13. Chapter 814, Government Code, is amended by adding Section 814.1031 to read as follows: Sec. 814.1031. SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS SERVICE AS STATE PROSECUTOR. (a) In this section, "state prosecutor" means a person eligible for membership in the elected class under Section 812.002(a)(3). (b) Except as provided by Subsection (c), the standard service retirement annuity for service credited in the elected class of membership paid to a state prosecutor is an amount equal to the sum of: (1) the number of years of service credit for service of the member as a state prosecutor times 2.3 percent of the state salary, as adjusted from time to time, being paid a district judge; and (2) the number of years of service credit for service of the member as any other elected class member times 2.3 percent of the state salary, as adjusted from time to time, being paid the governor. (c) The standard service retirement annuity paid to a state prosecutor for service credited in the elected class as a state prosecutor may not exceed at any time 100 percent of the state salary being paid a district judge. SECTION 14. Section 133.004, Local Government Code, is amended to read as follows: Sec. 133.004. CIVIL FEES. This chapter applies to the following civil fees: (1) the consolidated fee on filing in district court imposed under Section 133.151; (2) the filing fee in district court for basic civil legal services for indigents imposed under Section 133.152; (3) the filing fee in courts other than district court for basic civil legal services for indigents imposed under Section 133.153; (4) the filing fees for the judicial fund imposed in certain statutory county courts under Section 51.702, Government Code; (5) the filing fees for the judicial fund imposed in certain county courts under Section 51.703, Government Code; (6) the filing fees for the judicial fund imposed in certain statutory probate courts under Section 51.704, Government Code; (7) fees collected under Section 118.015; (8) marriage license fees for the family trust fund collected under Section 118.018; [and] (9) marriage license or declaration of informal marriage fees for the child abuse and neglect prevention trust fund account collected under Section 118.022; and (10) the filing fee imposed in district court, statutory county court, and county court under Section 133.154. SECTION 15. Subchapter D, Chapter 133, Local Government Code, is amended by adding Section 133.154 to read as follows: Sec. 133.154. ADDITIONAL FILING FEE IN DISTRICT, STATUTORY COUNTY COURT, OR COUNTY COURT FOR JUDICIAL SALARIES. (a) In addition to other fees authorized or required by law, the clerk of a district, statutory county court, or county court shall collect a fee of $35 on the filing of any civil suit to fund judicial salaries. (b) The treasurer shall deposit 10 percent of the fees collected under this section in the general fund of the county for administrative purposes. (c) The treasurer shall remit the remainder of the fees collected under this section to the comptroller in the manner provided by Subchapter B. SECTION 16. 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: (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 certain 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 each civil suit filed, for court-related purposes for the support of the judiciary and for civil legal services to an indigent: (i) for family law cases and proceedings as defined by Section 25.0002, Government Code (Sec. 133.151, Local Government Code) . . . $45; or (ii) for any case other than a case described by Subparagraph (i) (Sec. 133.151, Local Government Code) . . . $50; (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) on the filing of any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third-party action requiring a filing fee, to fund civil legal services for the indigent: (i) for family law cases and proceedings as defined by Section 25.0002, Government Code (Sec. 133.152, Local Government Code) . . . $5; or (ii) for any case other than a case described by Subparagraph (i) (Sec. 133.152, Local Government Code) . . . $10; and (E) for each civil suit filed, to fund judicial salaries (Sec. 133.154, Local Government Code) . . . $35; (6) for filing a suit, including an appeal from an inferior court: (A) for a suit with 10 or fewer plaintiffs (Sec. 51.317, Government Code) . . . $50; (B) for a suit with at least 11 but not more than 25 plaintiffs (Sec. 51.317, Government Code) . . . $75; (C) for a suit with at least 26 but not more than 100 plaintiffs (Sec. 51.317, Government Code) . . . $100; (D) for a suit with at least 101 but not more than 500 plaintiffs (Sec. 51.317, Government Code) . . . $125; (E) for a suit with at least 501 but not more than 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or (F) for a suit with more than 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $200; (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 records management and preservation (Sec. 51.317, Government Code) . . . $10; (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) additional filing fee for family protection on filing a suit for dissolution of a marriage under Chapter 6, Family Code, if authorized by the county commissioners court (Sec. 51.961, Government Code) . . . not to exceed $15; (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, if authorized by the commissioners court (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 in Orange County 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; (32) court cost in civil cases other than suits for delinquent taxes to fund the county law library fund, if authorized by the county commissioners court (Sec. 323.023, Local Government Code) . . . not to exceed $35; (33) when administering a case for the Rockwall County Court at Law (Sec. 25.2012, Government Code) . . . civil fees and court costs as if the case had been filed in district court; (34) at a hearing held by an associate judge in Dallas County, a court cost to preserve the record, in the absence of a court reporter, by other means (Sec. 54.509, Government Code) . . . as assessed by the referring court or associate judge; and (35) at a hearing held by an associate judge in Duval County, a court cost to preserve the record (Sec. 54.1151, Government Code, as added by Chapter 1150, Acts of the 78th Legislature, Regular Session, 2003) . . . as imposed by the referring court or associate judge. SECTION 17. 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: (1) court cost in certain 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) for filing any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third-party action requiring a filing fee, to fund civil legal services for the indigent (Sec. 133.153, Local Government Code) . . . $5; and (D) for each civil suit filed, to fund judicial salaries (Sec. 133.154, Local Government Code) . . . $35; (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 (Secs. 118.052, 118.0546, and 118.0645, 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 other than suits for delinquent taxes 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) . . . as taxed by the court, $10 or more; 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. SECTION 18. 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: (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 certain 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 (Secs. 118.052, 118.0546, and 118.0645, 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 other than suits for delinquent taxes 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) 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; (20) appeal bond from a petitioner or taxpayer in a water control and preservation district (Art. 7818, Vernon's Texas Civil Statutes) . . . $100; [and] (21) additional filing fee for filing any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third-party action requiring a filing fee, to fund civil legal services for the indigent (Sec. 133.153, Local Government Code) . . . $5; and (22) additional filing fee for each civil suit filed, to fund judicial salaries (Sec. 133.154, Local Government Code) . . . $35. SECTION 19. The following laws are repealed: (1) Section 2, Chapter 100, Acts of the 78th Legislature, Regular Session, 2003; (2) Section 4, Chapter 62, Acts of the 78th Legislature, Regular Session, 2003; (3) Sections 2 and 4, Chapter 675, Acts of the 78th Legislature, Regular Session, 2003; (4) Chapter 31, Government Code; and (5) Sections 22.214(e), 32.070(c), 32.109(c), and 32.246(c), Government Code. SECTION 20. Notwithstanding the repeal of Chapter 31, Government Code, by this Act, a county may continue to supplement the salary under the General Appropriations Act of a justice of a court of appeals serving on September 1, 2005, but the combined amount of a salary of the justice of the court of appeals under the General Appropriations Act and any county supplement may not exceed the combined amount of the justice's salary from state and county funds for the fiscal year beginning September 1, 2004. Payment under this section is for judicial and administrative services performed by the justice in the county. SECTION 21. (a) Not later than December 1, 2005, the Office of Court Administration of the Texas Judicial System shall begin collecting the data required by Section 72.030, Government Code, as added by this Act. (b) Not later than December 1, 2005, the State Bar of Texas shall begin collecting the data required by Section 81.116, Government Code, as added by this Act. SECTION 22. (a) Section 814.103, Government Code, as amended by this Act, and Section 814.1031, Government Code, as added by this Act, apply only to an annuity payment made on or after September 1, 2005. (b) The Employees Retirement System of Texas shall recompute an annuity that first became payable before September 1, 2005, as though Section 814.103, Government Code, as amended by this Act, and Section 814.1031, as added by this Act, were in effect on the date the annuity first became payable. (c) The first payment of the recomputed annuity is payable on the first payment date occurring on or after September 1, 2005. SECTION 23. This Act takes effect September 1, 2005.