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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of a family protection fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.961(a) and (d), Government Code, are |
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amended to read as follows: |
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(a) The commissioners court of a county shall adopt a family |
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protection fee in an amount not to exceed $15 [$30]. |
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(d) The clerk shall pay a [one-half of the] fee collected |
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under this section to the appropriate officer of the county in which |
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the suit is filed for deposit in the county treasury to the credit |
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of the family protection account. The account may be used by the |
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commissioners court of the county only to fund a service provider |
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located in that county or an adjacent county. The commissioners |
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court may provide funding to a nonprofit organization that provides |
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services described by Subsection (e). |
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SECTION 2. Section 101.061, Government Code, is amended to |
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read as follows: |
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Sec. 101.061. DISTRICT COURT FEES AND COSTS. The clerk of |
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a district court shall collect fees and costs as follows: |
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(1) filing fee in action with respect to a fraudulent |
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court record or fraudulent lien or claim filed against property |
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(Sec. 12.005, Civil Practice and Remedies Code) . . . $15; |
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(2) fee for service of notice of action with respect to |
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a fraudulent court record or fraudulent lien or claim filed against |
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property (Sec. 12.005, Civil Practice and Remedies Code) . . . not |
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to exceed $20, if notice delivered in person, or the cost of |
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postage, if service is by registered or certified mail; |
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(3) court cost in certain civil cases to establish and |
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maintain an alternative dispute resolution system, if authorized by |
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the county commissioners court (Sec. 152.004, Civil Practice and |
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Remedies Code) . . . not to exceed $10; |
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(4) appellate judicial system filing fees for: |
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(A) First or Fourteenth Court of Appeals District |
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(Sec. 22.2021, Government Code) . . . not more than $5; |
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(B) Second Court of Appeals District (Sec. |
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22.2031, Government Code) . . . not more than $5; |
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(C) Fourth Court of Appeals District (Sec. |
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22.2051, Government Code) . . . not more than $5; |
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(D) Fifth Court of Appeals District (Sec. |
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22.2061, Government Code) . . . not more than $5; and |
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(E) Thirteenth Court of Appeals District (Sec. |
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22.2141, Government Code) . . . not more than $5; |
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(5) additional filing fees: |
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(A) for each suit filed for insurance contingency |
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fund, if authorized by the county commissioners court (Sec. 51.302, |
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Government Code) . . . not to exceed $5; |
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(B) for each civil suit filed, for court-related |
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purposes for the support of the judiciary and for civil legal |
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services to an indigent: |
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(i) for family law cases and proceedings as |
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defined by Section 25.0002, Government Code (Sec. 133.151, Local |
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Government Code) . . . $45; or |
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(ii) for any case other than a case |
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described by Subparagraph (i) (Sec. 133.151, Local Government Code) |
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. . . $50; |
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(C) to fund the improvement of Dallas County |
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civil court facilities, if authorized by the county commissioners |
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court (Sec. 51.705, Government Code) . . . not more than $15; and |
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(D) on the filing of any civil action or |
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proceeding requiring a filing fee, including an appeal, and on the |
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filing of any counterclaim, cross-action, intervention, |
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interpleader, or third-party action requiring a filing fee, to fund |
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civil legal services for the indigent: |
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(i) for family law cases and proceedings as |
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defined by Section 25.0002, Government Code (Sec. 133.152, Local |
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Government Code) . . . $5; or |
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(ii) for any case other than a case |
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described by Subparagraph (i) (Sec. 133.152, Local Government Code) |
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. . . $10; |
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(6) for filing a suit, including an appeal from an |
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inferior court: |
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(A) for a suit with 10 or fewer plaintiffs (Sec. |
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51.317, Government Code) . . . $50; |
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(B) for a suit with at least 11 but not more than |
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25 plaintiffs (Sec. 51.317, Government Code) . . . $75; |
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(C) for a suit with at least 26 but not more than |
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100 plaintiffs (Sec. 51.317, Government Code) . . . $100; |
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(D) for a suit with at least 101 but not more than |
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500 plaintiffs (Sec. 51.317, Government Code) . . . $125; |
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(E) for a suit with at least 501 but not more than |
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1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or |
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(F) for a suit with more than 1,000 plaintiffs |
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(Sec. 51.317, Government Code) . . . $200; |
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(7) for filing a cross-action, counterclaim, |
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intervention, contempt action, motion for new trial, or third-party |
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petition (Sec. 51.317, Government Code) . . . $15; |
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(8) for issuing a citation or other writ or process not |
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otherwise provided for, including one copy, when requested at the |
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time a suit or action is filed (Sec. 51.317, Government Code) . . . |
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$8; |
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(9) for records management and preservation (Sec. |
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51.317, Government Code) . . . $10; |
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(10) for issuing a subpoena, including one copy (Sec. |
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51.318, Government Code) . . . $8; |
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(11) for issuing a citation, commission for |
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deposition, writ of execution, order of sale, writ of execution and |
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order of sale, writ of injunction, writ of garnishment, writ of |
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attachment, or writ of sequestration not provided for in Section |
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51.317, or any other writ or process not otherwise provided for, |
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including one copy if required by law (Sec. 51.318, Government |
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Code) . . . $8; |
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(12) for searching files or records to locate a cause |
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when the docket number is not provided (Sec. 51.318, Government |
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Code) . . . $5; |
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(13) for searching files or records to ascertain the |
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existence of an instrument or record in the district clerk's office |
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(Sec. 51.318, Government Code) . . . $5; |
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(14) for abstracting a judgment (Sec. 51.318, |
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Government Code) . . . $8; |
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(15) for approving a bond (Sec. 51.318, Government |
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Code) . . . $4; |
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(16) for a certified copy of a record, judgment, |
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order, pleading, or paper on file or of record in the district |
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clerk's office, including certificate and seal, for each page or |
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part of a page (Sec. 51.318, Government Code) . . . $1; |
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(17) for a noncertified copy, for each page or part of |
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a page (Sec. 51.318, Government Code) . . . not to exceed $1; |
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(18) jury fee (Sec. 51.604, Government Code) . . . $30; |
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(19) for filing a report of divorce or annulment (Sec. |
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194.002, Health and Safety Code) . . . $1; |
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(20) for filing a suit in Comal County (Sec. 152.0522, |
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Human Resources Code) . . . $4; |
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(21) additional filing fee for family protection on |
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filing a suit for dissolution of a marriage under Chapter 6, Family |
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Code, if authorized by the county commissioners court (Sec. 51.961, |
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Government Code) . . . not to exceed $15 [$30]; |
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(22) fee on filing a suit for dissolution of a marriage |
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for services of child support department in Harris County, if |
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authorized by the county commissioners court (Sec. 152.1074, Human |
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Resources Code) . . . not to exceed $12; |
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(22-a) a child support service fee in Nueces County if |
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ordered by the commissioners court and assessed by the court (Sec. |
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152.1844, Human Resources Code) . . . not to exceed $5 a month |
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payable annually in advance; |
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(22-b) a service fee to be paid by a person ordered by |
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a district court to pay child or spousal support: |
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(A) in Collin County if authorized by the |
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juvenile board (Sec. 152.0492, Human Resources Code) . . . not to |
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exceed $2.50 added to first support payment each month; |
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(B) in Johnson County if authorized by the |
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juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00 |
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added to first support payment each month; and |
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(C) in Montague County (Sec. 152.1752, Human |
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Resources Code) . . . $1 if fee is ordered to be paid monthly, 50 |
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cents if fee is ordered to be paid semimonthly or weekly; |
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(22-c) attorney's fees as an additional cost in |
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Montague County on a finding of contempt of court for failure to pay |
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child or spousal support if the contempt action is initiated by the |
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probation department (Sec. 152.1752, Human Resources Code) . . . |
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$15; |
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(23) fee on filing a suit requesting an adoption in |
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Montague County (Sec. 152.1752, Human Resources Code) . . . $25; |
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(24) court cost on citation for contempt of court for |
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failure to comply with child support order in Nueces County, if |
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authorized by the commissioners court (Sec. 152.1844, Human |
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Resources Code) . . . not to exceed $10; |
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(25) fee on filing a suit for divorce in Orange County |
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(Sec. 152.1873, Human Resources Code) . . . not less than $5; |
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(26) court costs on citation for contempt of court in |
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Orange County for failure to comply with a child support order or |
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order providing for possession of or access to a child (Sec. |
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152.1873, Human Resources Code) . . . amount determined by district |
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clerk; |
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(27) fee on filing a suit requesting an adoption in |
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Orange County (Sec. 152.1874, Human Resources Code) . . . not less |
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than $25; |
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(28) fee on filing a suit requesting an adoption in |
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Wichita County (Sec. 152.2496, Human Resources Code) . . . $100; |
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(29) additional filing fee to fund the courthouse |
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security fund, if authorized by the county commissioners court |
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(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
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(30) additional filing fee for filing documents not |
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subject to certain filing fees to fund the courthouse security |
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fund, if authorized by the county commissioners court (Sec. |
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291.008, Local Government Code) . . . $1; |
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(31) additional filing fee to fund the courthouse |
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security fund in Webb County, if authorized by the county |
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commissioners court (Sec. 291.009, Local Government Code) . . . not |
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to exceed $20; |
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(32) court cost in civil cases other than suits for |
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delinquent taxes to fund the county law library fund, if authorized |
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by the county commissioners court (Sec. 323.023, Local Government |
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Code) . . . not to exceed $35; |
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(33) when administering a case for the Rockwall County |
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Court at Law (Sec. 25.2012, Government Code) . . . civil fees and |
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court costs as if the case had been filed in district court; |
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(34) at a hearing held by an associate judge in Dallas |
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County, a court cost to preserve the record, in the absence of a |
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court reporter, by other means (Sec. 54.509, Government Code) . . . |
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as assessed by the referring court or associate judge; |
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(35) at a hearing held by an associate judge in Duval |
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County, a court cost to preserve the record (Sec. 54.1151, |
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Government Code [, as added by Chapter 1150, Acts of the 78th
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Legislature, Regular Session, 2003]) . . . as imposed by the |
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referring court or associate judge; |
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(36) court fees and costs, if ordered by the court, for |
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a suit filed by an inmate in which an affidavit or unsworn |
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declaration of inability to pay costs is filed by the inmate (Sec. |
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14.006, Civil Practice and Remedies Code) . . . the lesser of: |
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(A) 20 percent of the preceding six months' |
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deposits to the inmate's trust account administered by the Texas |
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Department of Criminal Justice under Section 501.014, Government |
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Code; or |
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(B) the total amount of court fees and costs; |
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(37) monthly payment for remaining court fees and |
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costs after the initial payment for a suit in which an affidavit or |
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unsworn declaration of inability to pay costs is filed by the inmate |
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(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser of: |
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(A) 10 percent of that month's deposit to the |
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inmate's trust account administered by the Texas Department of |
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Criminal Justice under Section 501.014, Government Code; or |
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(B) the total amount of court fees and costs that |
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remain unpaid; |
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(38) the following costs not otherwise charged to the |
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inmate under Section 14.006, Civil Practice and Remedies Code, if |
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the inmate has previously filed an action dismissed as malicious or |
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frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
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(A) expenses of service of process; |
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(B) postage; and |
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(C) transportation, housing, or medical care |
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incurred in connection with the appearance of the inmate in the |
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court for any proceeding; |
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(39) fee for performing a service: |
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(A) related to the matter of the estate of a |
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deceased person (Sec. 51.319, Government Code) . . . the same fee |
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allowed the county clerk for those services; |
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(B) related to the matter of a minor (Sec. |
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51.319, Government Code) . . . the same fee allowed the county clerk |
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for the service; |
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(C) of serving process by certified or registered |
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mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or |
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constable is authorized to charge for the service under Section |
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118.131, Local Government Code; and |
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(D) prescribed or authorized by law but for which |
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no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; |
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(40) court costs, which may include expert witness |
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fees in Travis County in an action in which the plaintiff prevails |
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against an insurer for economic damages sustained by the plaintiff |
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as a result of unfair discrimination (Sec. 544.054, Insurance Code) |
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. . . court costs and reasonable and necessary expert witness fees; |
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(41) security deposit on filing, by any person other |
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than the personal representative of an estate, an application, |
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complaint, or opposition in relation to the estate, if required by |
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the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
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proceeding; |
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(42) security deposit on filing, by any person other |
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than the guardian, attorney ad litem, or guardian ad litem, an |
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application, complaint, or opposition in relation to a guardianship |
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matter, if required by the clerk (Sec. 622, Texas Probate |
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Code) . . . probable cost of the guardianship proceeding; and |
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(43) fee for filing an additional petition for review |
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of an appraisal review board order relating to certain regulated |
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property running through or operating in more than one county after |
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the first petition for review relating to the same property is filed |
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for a tax year (Sec. 42.221, Tax Code) . . . $5. |
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SECTION 3. Section 51.961(g), Government Code, is repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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