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Amend SB 1951 by adding the following appropriately numbered
SECTION and renumbering subsequent SECTIONS of the bill
accordingly:
SECTION ____. (a) Subchapter H, Chapter 51, Government
Code, is amended by adding Section 51.707 to read as follows:
Sec. 51.707. ADDITIONAL FILING FEE FOR CIVIL CASES IN HAYS
COUNTY. (a) This section applies only to district courts, probate
courts, county courts at law, and justice courts in Hays County.
(b) Except as otherwise provided by this section and in
addition to all other fees authorized or required by other law, the
clerk of a court shall collect a filing fee of not more than $15 in
each civil case filed in the court to be used for the construction,
renovation, or improvement of the facilities that house the Hays
County civil courts.
(c) Court fees due under this section shall be collected in
the same manner as other fees, fines, or costs are collected in the
case.
(d) The clerk shall send the fees collected under this
section to the county treasurer or to any other official who
discharges the duties commonly assigned to the county treasurer at
least as frequently as monthly. The treasurer or other official
shall deposit the fees in a special account in the county treasury
dedicated to the construction, renovation, or improvement of the
facilities that house the courts collecting the fee.
(e) This section applies only to fees for a 12-month period
beginning July 1, if the commissioners court:
(1) adopts a resolution authorizing a fee of not more
than $15;
(2) adopts a resolution requiring the county to spend
one dollar for the construction, renovation, or improvement of the
court facilities for each dollar spent from the special account
dedicated to that purpose; and
(3) files the resolutions with the county treasurer or
with any other official who discharges the duties commonly assigned
to the county treasurer not later than June 1 immediately preceding
the first 12-month period during which the fees are to be collected.
(f) A resolution adopted under Subsection (e) continues
from year to year until July 1, 2022, allowing the county to collect
fees under the terms of this section until the resolution is
rescinded.
(g) The commissioners court may rescind a resolution
adopted under Subsection (e) by adopting a resolution rescinding
the resolution and submitting the rescission resolution to the
county treasurer or to any other official who discharges the duties
commonly assigned to the county treasurer not later than June 1
preceding the beginning of the first day of the county fiscal year.
The commissioners court may adopt an additional resolution in the
manner provided by Subsection (e) after rescinding a previous
resolution under that subsection.
(h) A fee established under a particular resolution is
abolished on the earlier of:
(1) the date a resolution adopted under Subsection (e)
is rescinded as provided by Subsection (g); or
(2) July 1, 2022.
(i) The county may make the required expenditure described
by Subsection (e)(2) at any time, regardless of when the
expenditure from the special account occurs.
(b) 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) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(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 $30;
(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;
(22-a) a child support service fee in Nueces County if
ordered by the commissioners court and assessed by the court (Sec.
152.1844, Human Resources Code) . . . not to exceed $5 a month
payable annually in advance;
(22-b) a service fee to be paid by a person ordered by
a district court to pay child or spousal support:
(A) in Collin County if authorized by the
juvenile board (Sec. 152.0492, Human Resources Code) . . . not to
exceed $2.50 added to first support payment each month;
(B) in Johnson County if authorized by the
juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00
added to first support payment each month; and
(C) in Montague County (Sec. 152.1752, Human
Resources Code) . . . $1 if fee is ordered to be paid monthly, 50
cents if fee is ordered to be paid semimonthly or weekly;
(22-c) attorney's fees as an additional cost in
Montague County on a finding of contempt of court for failure to pay
child or spousal support if the contempt action is initiated by the
probation department (Sec. 152.1752, Human Resources Code) . . .
$15;
(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;
(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;
(36) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(37) monthly payment for remaining court fees and
costs after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid;
(38) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding;
(39) fee for performing a service:
(A) related to the matter of the estate of a
deceased person (Sec. 51.319, Government Code) . . . the same fee
allowed the county clerk for those services;
(B) related to the matter of a minor (Sec.
51.319, Government Code) . . . the same fee allowed the county
clerk for the service;
(C) of serving process by certified or registered
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code; and
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
(40) court costs, which may include expert witness
fees in Travis County in an action in which the plaintiff prevails
against an insurer for economic damages sustained by the plaintiff
as a result of unfair discrimination (Sec. 544.054, Insurance Code)
. . . court costs and reasonable and necessary expert witness fees;
(41) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding;
(42) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate Code)
. . . probable cost of the guardianship proceeding; and
(43) fee for filing an additional petition for review
of an appraisal review board order relating to certain regulated
property running through or operating in more than one county after
the first petition for review relating to the same property is filed
for a tax year (Sec. 42.221, Tax Code) . . . $5.
(c) 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) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(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;
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code) . . .
$10; and
(vii) filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first (Secs. 118.052
and 191.007, Local Government Code), if more than 25 pages . . .
$25;
(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;
(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;
(23) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(24) monthly payment for remaining court fees and
costs after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid;
(25) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding;
(26) the official court reporter's fee taxed as costs
in civil actions in a statutory county court:
(A) in Bexar County Courts at Law:
(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12
(Sec. 25.0172, Government Code) . . . taxed in the same manner as
the fee is taxed in district court; and
(ii) No. 2 (Sec. 25.0172, Government Code)
. . . $3;
(B) in Galveston County (Sec. 25.0862,
Government Code) . . . taxed in the same manner as the fee is taxed
in civil cases in the district courts; and
(C) in Parker County (Sec. 25.1862, Government
Code) . . . taxed in the same manner as the fee is taxed in civil
cases in the district courts;
(27) a stenographer's fee as costs in each civil,
criminal, and probate case in which a record is made by the official
court reporter in a statutory county court in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(28) in Brazoria County, in matters of concurrent
jurisdiction with the district court, fees (Sec. 25.0222,
Government Code) . . . as prescribed by law for district judges
according to the nature of the matter;
(29) in Nueces County, in matters of concurrent
jurisdiction with the district court, with certain exceptions, fees
(Sec. 25.1802, Government Code) . . . equal to those in district
court cases;
(30) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding;
(31) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate Code)
. . . probable cost of the guardianship proceeding;
(32) for a hearing or proceeding under the Texas
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
costs (Secs. 571.017 and 571.018, Health and Safety Code) . . .
reasonable compensation to the following persons appointed under
the Texas Mental Health Code:
(A) attorneys;
(B) physicians;
(C) language interpreters;
(D) sign interpreters; and
(E) masters;
(33) for a hearing or proceeding under the Texas
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
costs (Sec. 571.018, Health and Safety Code):
(A) attorney's fees;
(B) physician examination fees;
(C) expense of transportation to a mental health
facility or to a federal agency not to exceed $50 if transporting
within the same county and not to exceed the reasonable cost of
transportation if transporting between counties;
(D) costs and salary supplements authorized
under Section 574.031, Health and Safety Code; and
(E) prosecutors' fees authorized under Section
574.031, Health and Safety Code;
(34) expenses of transporting certain patients from
the county of treatment to a hearing in the county in which the
proceedings originated (Sec. 574.008, Health and Safety Code) . . .
actual expenses unless certain arrangements are made to hold the
hearing in the county in which the patient is receiving services;
(35) expenses for expert witness testimony for an
indigent patient (Sec. 574.010, Health and Safety Code) . . . if
authorized by the court as reimbursement to the attorney ad litem,
court-approved expenses;
(36) fee for judge's services for holding a hearing on
an application for court-ordered mental health services (Sec.
574.031, Health and Safety Code) . . . as assessed by the judge, not
to exceed $50;
(37) expenses to reimburse judge for holding a hearing
in a hospital or location other than the county courthouse (Sec.
574.031, Health and Safety Code) . . . reasonable and necessary
expenses as certified;
(38) fee for services of a prosecuting attorney,
including costs incurred for preparation of documents related to a
hearing on an application for court-ordered mental health services
(Sec. 574.031, Health and Safety Code) . . . as assessed by the
judge, not to exceed $50; and
(39) a fee not otherwise listed in this section that is
required to be collected under Section 25.0008, Government Code
(Sec. 25.0008, Government Code), in a county other than Brazos,
Cameron, Ellis, Guadalupe, Harris, Henderson, Liberty, Moore,
Nolan, Panola, Parker, Starr, Victoria, and Williamson . . . as
prescribed by law relating to county judges' fees.
(d) 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:
(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) additional filing fees as follows:
(A) for certain cases to be used for
court-related purposes for support of the judiciary, if authorized
by the county commissioners court (Sec. 51.704, 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) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code). . . not more than $15;
(4) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(5) 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;
(6) 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;
(7) 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;
(8) 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;
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code) . . .
$10; and
(vii) filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first (Secs. 118.052
and 191.007, Local Government Code), if more than 25 pages . . .
$25;
(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;
(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) . . . $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 and 118.0645, Local Government Code) . . . $5;
(10) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3;
(11) court costs for each special commissioner in an
eminent domain proceeding (Sec. 21.047, Property Code) . . . as
taxed by the court, $10 or more;
(12) jury fee for civil case (Sec. 51.604, Government
Code) . . . $22;
(13) 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;
(14) the expense of preserving the record as a court
cost, if imposed on a party by the referring court or associate
judge (Sec. 54.612, Government Code) . . . actual cost;
(15) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding;
(16) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate Code)
. . . probable cost of the guardianship proceeding;
(17) for a hearing or proceeding under the Texas
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
costs (Secs. 571.017 and 571.018, Health and Safety Code) . . .
reasonable compensation to the following persons appointed under
the Texas Mental Health Code:
(A) attorneys;
(B) physicians;
(C) language interpreters;
(D) sign interpreters; and
(E) masters;
(18) for a hearing or proceeding under the Texas
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
costs (Sec. 571.018, Health and Safety Code):
(A) attorney's fees;
(B) physician examination fees;
(C) expense of transportation to a mental health
facility or to a federal agency not to exceed $50 if transporting
within the same county and not to exceed the reasonable cost of
transportation if transporting between counties;
(D) costs and salary supplements authorized
under Section 574.031, Health and Safety Code; and
(E) prosecutors' fees authorized under Section
574.031, Health and Safety Code;
(19) expenses of transporting certain patients from
the county of treatment to a hearing in the county in which the
proceedings originated (Sec. 574.008, Health and Safety Code) . . .
actual expenses unless certain arrangements are made to hold the
hearing in the county in which the patient is receiving services;
(20) expenses for expert witness testimony for an
indigent patient (Sec. 574.010, Health and Safety Code) . . . if
authorized by the court as reimbursement to the attorney ad litem,
court-approved expenses;
(21) fee for judge's services for holding a hearing on
an application for court-ordered mental health services (Sec.
574.031, Health and Safety Code) . . . as assessed by the judge, not
to exceed $50;
(22) expenses to reimburse judge for holding a hearing
in a hospital or location other than the county courthouse (Sec.
574.031, Health and Safety Code) . . . reasonable and necessary
expenses as certified;
(23) fee for services of a prosecuting attorney,
including costs incurred for preparation of documents related to a
hearing on an application for court-ordered mental health services
(Sec. 574.031, Health and Safety Code) . . . as assessed by the
judge, not to exceed $50; and
(24) a fee not otherwise listed in this section that is
required to be collected under Section 25.0029, Government Code
(Sec. 25.0029, Government Code) . . . as prescribed by law relating
to county judges' fees.
(e) Section 101.141, Government Code, is amended to read as
follows:
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) additional court cost in certain civil cases to
establish and maintain an alternative dispute resolution system, if
authorized by the commissioners court of a county with a population
of at least 2.5 million (Sec. 152.005, Civil Practice and Remedies
Code) . . . not to exceed $3;
(2) additional filing fees:
(A) to fund Dallas County civil court facilities
(Sec. 51.705, Government Code) . . . not more than $15; [and]
(B) 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)
. . . $2; and
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(3) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50;
(4) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 685.008, Transportation Code) . . . $20;
(5) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(6) monthly payment for remaining court fees and costs
after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid;
(7) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding; and
(8) the cost of a special program that a court may
order a child to attend after a finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program not to exceed $100.
(b) A justice of the peace shall collect the following fees:
(1) services rendered before judgment (Secs. 118.121
and 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;
(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 (Secs. 118.121
and 118.1235, 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;
(3) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(4) monthly payment for remaining court fees and costs
after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid; and
(5) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding.