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.