By: Woolley, et al. (Senate Sponsor - Janek) H.B. No. 2006
         (In the Senate - Received from the House May 9, 2007;
  May 10, 2007, read first time and referred to Committee on State
  Affairs; May 18, 2007, reported favorably, as amended, by the
  following vote:  Yeas 7, Nays 0; May 18, 2007, sent to printer.)
 
  COMMITTEE AMENDMENT NO. 1 By:  Janek
 
 
         Amend H.B. No. 2006 (House Engrossed Version) as follows:
         (1)  In SECTION 2 of the bill, in Subdivision (2), Subsection
  (b), added Section 2206.051, Government Code (page 4, line 42),
  strike "or" and substitute "[or]".
         (2)  In SECTION 2 of the bill, in Subdivision (3), Subsection
  (b), added Section 2206.051, Government Code (page 4, line 56),
  between "Tax Code" and the period, insert the following:
  ; or
               (4)  is not for a public use
         (3)  In SECTION 2 of the bill, strike Subsection (e), added
  Section 2206.051, Government Code (page 5, lines 22-26), and
  substitute the following:
         (e)  The determination by the governmental or private entity
  proposing to take the property that the taking is for a public use
  or does not involve an act or circumstance prohibited by Subsection
  (b) does not create a presumption with respect to whether the
  contemplated use is truly public or whether the taking involves
  that act or circumstance.
         (4)  In SECTION 2 of the bill, in added Subsection (a),
  Section 2206.103, Government Code (page 5, lines 38-39), strike
  "Except as provided by Subsection (b) or (d)," and substitute "If
  the motion required by Subsection (c) indicates that the first
  record vote applies to all units of property to be condemned, and
  the minutes of the entity reflect that the first vote applies to all
  of those units, a single ordinance, resolution, or order may be
  adopted for all of those units of property.  If a member of the
  governing body objects to adopting a single ordinance, resolution,
  or order by a record vote for all units of property for which
  condemnation proceedings are to be initiated,".
         (5)  In SECTION 2 of the bill, in added Subsection (a),
  Section 2206.103, Government Code (page 5, lines 40-41), strike
  "for which condemnation proceedings are to be initiated".
         (6)  In SECTION 3 of the bill, in the heading of added Section
  21.0112, Property Code (page 6, line 7), strike "GOOD FAITH
  STANDARD" and substitute "BONA FIDE OFFER REQUIRED".
         (7)  In SECTION 3 of the bill, in added Section 21.0112,
  Property Code (page 6, line 9), strike "good faith effort" and
  substitute "bona fide offer".
         (8)  In SECTION 3 of the bill, in added Section 21.0112,
  Property Code (page 6, line 10), after the period, insert "A bona
  fide offer is an offer that is not arbitrary or capricious and is
  based on a reasonably thorough investigation and honest assessment
  of the amount of the just compensation due to the landowner as a
  result of the taking."
         (9)  In SECTION 4 of the bill, in added Subdivision (5),
  Subsection (b), Section 21.012, Property Code (page 6, line 36),
  strike "good faith effort" and substitute "bona fide offer".
         (10)  In SECTION 6 of the bill, in amended Section 21.041,
  Property Code (page 6, line 57), between "shall" and "admit",
  insert ", subject to the applicable rules of evidence,".
         (11)  In SECTION 6 of the bill, in amended Section 21.041,
  Property Code (page 6, line 57), between "evidence" and "on",
  insert "that would be considered by willing, knowledgeable, and
  prudent purchasers and sellers in the marketplace who are not under
  duress".
         (12)  In SECTION 6 of the bill, strike amended Subdivisions
  (1) and (2), Section 21.041, Property Code (page 6, lines 58-69),
  and substitute the following:
               (1)  the value of the property being condemned;
               (2)  the injury to the property owner;
         (13)  Strike SECTION 7 of the bill (page 7, lines 7-14) and
  renumber subsequent SECTIONS accordingly.
         (14)  In SECTION 10 of the bill, strike added Subsection (d),
  Section 21.047, Property Code (page 7, lines 36-40), and substitute
  the following:
         (d)  If a court hearing a suit under this chapter determines
  that a condemning entity did not make a bona fide offer to acquire
  the property from the property owner voluntarily as required by
  Section 21.0112, the court shall abate the suit and order the
  condemnor to make a bona fide offer.  If a court hearing a suit in
  this chapter finds that by filing a petition under Section 21.012 or
  by filing any other motion or pleading in the proceeding initiated
  by the filing of that petition the condemnor violated Chapter 10,
  Civil Practices and Remedies Code, the court shall order the
  condemnor to pay:
         (1)  all costs are provided by Subsection (a); and
         (2)  any reasonable attorney's fees incurred by the owner
  that are directly related to the violation.
         (15)  In SECTION 11 of the bill, in amended Subsection (a),
  Section 21.101, Property Code (page 7, line 49), between
  "acquisition" and the period, insert "or the governmental entity
  fails to begin operation or construction of the project for which
  the property was acquired before the 10th anniversary of that
  date".
         (16)  Add the following appropriately numbered SECTIONS to
  the bill and renumber existing SECTIONS accordingly:
         SECTION __.  Section 21.102, Property Code, is amended to
  read as follows:
         Sec. 21.102.  NOTICE TO PREVIOUS PROPERTY OWNER AT TIME OF
  CANCELLATION OF PUBLIC USE OR ON FAILURE TO BEGIN OPERATION OR
  CONSTRUCTION OF A PUBLIC USE PROJECT.  Not later than the 180th day
  after the date of the cancellation of the public use for which real
  property was acquired through eminent domain from a property owner
  under Subchapter B or the 180th day after the 10th anniversary of
  the date on which the property was acquired if the governmental
  entity fails to begin operation or construction of the project for
  which the property was acquired before the 10th anniversary of that
  date, the governmental entity shall send by certified mail, return
  receipt requested, to the property owner or the owner's heirs,
  successors, or assigns a notice containing:
               (1)  an identification, which is not required to be a
  legal description, of the property that was acquired;
               (2)  an identification of the public use for which the
  property had been acquired and a statement that the public use has
  been canceled or the governmental entity fails to begin operation
  or construction of the project for which the property was acquired;
  and
               (3)  a description of the person's right under this
  subchapter to repurchase the property.
         SECTION __.  Not later than January 1, 2009, the comptroller
  shall:
               (1)  identify all public and private entities with
  eminent domain authority; and
               (2)  make recommendations to the legislature and the
  governor regarding:
                     (A)  which entities have, need, or should have
  eminent domain authority;
                     (B)  whether that eminent domain authority of
  those entities should be continued, expanded, or limited; and
                     (C)  the cause and effect of continuing,
  eliminating, expanding, or limiting the eminent domain authority of
  those entities.
 
 
  COMMITTEE AMENDMENT NO. 2 By:  Janek
 
 
         Amend H.B. No. 2006 (House Engrossed Version) as follows:
         (1)  Strike SECTION 1 of the bill (pages 3-4, lines 66
  through 19).
         (2)  Add the following appropriately numbered SECTIONS to
  the bill:
         SECTION __.  Subchapter B, Chapter 21, Property Code, is
  amended by adding Section 21.024 to read as follows:
         Sec. 21.024.  PRODUCTION OF INFORMATION BY CERTAIN ENTITIES.
  (a) Notwithstanding any other law, an entity that is not subject to
  Chapter 552, Government Code, and is authorized by law to acquire
  private property through the use of eminent domain is required to
  produce information as provided by this section if the information
  is:
               (1)  requested by a person who owns property that is the
  subject of a proposed or existing eminent domain proceeding or owns
  property that is adjacent to property that is the subject of a
  proposed or existing eminent domain proceeding; and
               (2)  related to the taking of the person's private
  property by the entity through the use of eminent domain or property
  adjacent to the requestor's property, if applicable.
         (b)  An entity described by Subsection (a) is required under
  this section only to produce information relating to the
  condemnation of the specific property owned by the requestor or
  property adjacent to that property, if applicable, as described in
  the request. A request under this section must contain sufficient
  details to allow the entity to identify the specific tract of land
  in relation to which the information is sought.
         (c)  The entity shall respond to a request in accordance with
  the Texas Rules of Civil Procedure as if the request was made in a
  matter pending before a state district court.
         (d)  Exceptions to disclosure provided by this chapter and
  the Texas Rules of Civil Procedure apply to the disclosure of
  information under this section.
         (e)  Jurisdiction to enforce the provisions of this section
  resides in:
               (1)  the court in which the condemnation was initiated;
  or
               (2)  if the condemnation proceeding has not been
  initiated:
                     (A)  a court that would have jurisdiction over a
  proceeding to condemn the requestor's property; or
                     (B)  a court with eminent domain jurisdiction in
  the county in which the entity has its principal place of business.
         (f)  If the entity refuses to produce information requested
  in accordance with this section and the court determines that the
  refusal violates this section, the court may award the requestor's
  reasonable attorney's fees incurred to compel the production of the
  information.
         (g)  If an entity that received a request in accordance with
  this section does not produce the requested information on or
  before the 30th day after the request is made, the attorney general
  may file an action in a court described by Subsection (e) to enforce
  this section on the request of the person who made the request for
  the information. If the court determines that the failure to
  produce the information is a violation of this section, the court
  may award the attorney general's reasonable expenses incurred to
  compel the production of the information.
         (h)  If the attorney general files an action under Subsection
  (g), the person who requested that the attorney general file the
  action may not file a private action to enforce this section with
  respect to the same request for information.
         SECTION __.  Section 552.0037, Government Code, is repealed.
         (3)  Renumber existing SECTIONS of the bill accordingly.
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the use of eminent domain authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 552.0037, Government Code, is amended to
  read as follows:
         Sec. 552.0037.  CERTAIN ENTITIES AUTHORIZED TO TAKE PROPERTY
  THROUGH EMINENT DOMAIN. (a) Notwithstanding any other law, and
  except as provided by this section, information collected,
  assembled, or maintained by an entity that is not a governmental
  body but is authorized by law to take private property through the
  use of eminent domain is subject to this chapter in the same manner
  as information collected, assembled, or maintained by a
  governmental body, but only if the information is:
               (1)  requested by a person who owns property that is the
  subject of a proposed or existing eminent domain proceeding; and
               (2)  related to the taking of the person's private
  property by the entity through the use of eminent domain.
         (b)  Notwithstanding Section 552.007, an entity described by
  Subsection (a) is required under this section only to produce
  documents relating to the condemnation of the specific property
  owned by the requestor as described in the request.
         (c)  A request under this section must contain sufficient
  details to allow the entity to identify the specific tract of land
  in relation to which the information is sought.
         SECTION 2.  Chapter 2206, Government Code, is amended to
  read as follows:
  CHAPTER 2206.  [LIMITATIONS ON USE OF] EMINENT DOMAIN
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 2206.001.  DEFINITION OF PUBLIC USE.  Except as
  otherwise provided by this chapter, "public use," with respect to
  the use of eminent domain authority, means a use of property,
  including a use described by Section 2206.051(c), that allows the
  state, a political subdivision of the state, or the general public
  of the state to possess, occupy, and enjoy the property.
  SUBCHAPTER B. LIMITATIONS ON PURPOSE AND USE OF PROPERTY
  ACQUIRED THROUGH EMINENT DOMAIN
         Sec. 2206.051.  LIMITATION ON EMINENT DOMAIN FOR PRIVATE
  PARTIES OR ECONOMIC DEVELOPMENT PURPOSES.  (a)  This section
  applies to the use of eminent domain under the laws of this state,
  including a local or special law, by any governmental or private
  entity, including:
               (1)  a state agency, including an institution of higher
  education as defined by Section 61.003, Education Code;
               (2)  a political subdivision of this state; or
               (3)  a corporation created by a governmental entity to
  act on behalf of the entity.
         (b)  A governmental or private entity may not take private
  property through the use of eminent domain if the taking:
               (1)  confers a private benefit on a particular private
  party through the use of the property;
               (2)  is for a public use that is merely a pretext to
  confer a private benefit on a particular private party; or
               (3)  is for economic development purposes, unless the
  economic development is a secondary purpose resulting from
  municipal community development or municipal urban renewal
  activities to eliminate an existing affirmative harm on society
  from slum or blighted areas under:
                     (A)  Chapter 373 or 374, Local Government Code,
  other than an activity described by Section 373.002(b)(5), Local
  Government Code; or
                     (B)  Section 311.005(a)(1)(I), Tax Code.
         (c)  This section does not affect the authority of an entity
  authorized by law to take private property through the use of
  eminent domain for:
               (1)  transportation projects, including, but not
  limited to, railroads, airports, or public roads or highways;
               (2)  entities authorized under Section 59, Article XVI,
  Texas Constitution, including:
                     (A)  port authorities;
                     (B)  navigation districts; and
                     (C)  any other conservation or reclamation
  districts that act as ports;
               (3)  water supply, wastewater, flood control, and
  drainage projects;
               (4)  public buildings, hospitals, and parks;
               (5)  the provision of utility services;
               (6)  a sports and community venue project approved by
  voters at an election held on or before December 1, 2005, under
  Chapter 334 or 335, Local Government Code;
               (7)  the operations of:
                     (A)  a common carrier subject to Chapter 111,
  Natural Resources Code[, and Section B(3)(b), Article 2.01, Texas
  Business Corporation Act]; or
                     (B)  an energy transporter, as that term is
  defined by Section 186.051, Utilities Code;
               (8)  a purpose authorized by Chapter 181, Utilities
  Code;
               (9)  underground storage operations subject to Chapter
  91, Natural Resources Code;
               (10)  a waste disposal project; or
               (11)  a library, museum, or related facility and any
  infrastructure related to the facility.
         (d)  This section does not affect the authority of a
  governmental entity to condemn a leasehold estate on property owned
  by the governmental entity.
         (e)  The determination by the governmental or private entity
  proposing to take the property that the taking does not involve an
  act or circumstance prohibited by Subsection (b) does not create a
  presumption with respect to whether the taking involves that act or
  circumstance.
  SUBCHAPTER C.  PROCEDURES REQUIRED TO INITIATE
  EMINENT DOMAIN PROCEEDINGS
         Sec. 2206.101.  SHORT TITLE. This subchapter may be cited as
  the Truth in Condemnation Procedures Act.
         Sec. 2206.102.  APPLICABILITY. The procedures in this
  subchapter apply only to the use of eminent domain under the laws of
  this state by a governmental entity.
         Sec. 2206.103.  VOTE ON USE OF EMINENT DOMAIN. (a) Before a
  governmental entity initiates a condemnation proceeding by filing a
  petition under Section 21.012, Property Code, the governmental
  entity must authorize the initiation of the condemnation
  proceedings at a public meeting by a record vote.  Except as
  provided by Subsection (b) or (d), a separate record vote must be
  taken for each unit of property for which condemnation proceedings
  are to be initiated.
         (b)  For the purposes of Subsection (a), if two or more units
  of real property are owned by the same person, the governmental
  entity may treat those units of property as one unit of property.
         (c)  The motion to adopt an ordinance, resolution, or order
  authorizing the initiation of condemnation proceedings under
  Chapter 21, Property Code, must be made in a form substantially
  similar to the following: "I move that the (name of governmental
  entity) authorize the use of the power of eminent domain to acquire
  (describe the property) for (describe the public use)." The
  description of the property required by this subsection is
  sufficient if the description of the location of and interest in the
  property that the governmental entity seeks to acquire is
  substantially similar to the description that is or could properly
  be used in a petition to condemn the property under Section 21.012,
  Property Code.
         (d)  If a project for a public use described by Section
  2206.051(c)(3) will require a governmental entity to acquire
  multiple tracts or units of property to construct facilities
  connecting one location to another location, the governing body of
  the entity may adopt a single ordinance, resolution, or order by a
  record vote that delegates the authority to initiate condemnation
  proceedings to the chief administrative official of the
  governmental entity.
         (e)  An ordinance, resolution, or order adopted under
  Subsection (d) is not required to identify specific properties that
  the governmental entity will acquire. The ordinance, resolution,
  or order must identify the general area to be covered by the project
  or the general route that will be used by the governmental entity
  for the project in a way that provides property owners in and around
  the area or along the route reasonable notice that the owners'
  properties may be subject to condemnation proceedings during the
  planning or construction of the project.
         SECTION 3.  Subchapter B, Chapter 21, Property Code, is
  amended by adding Sections 21.0112  and 21.0113 to read as follows:
         Sec. 21.0112.  GOOD FAITH STANDARD. An entity with eminent
  domain authority that wants to acquire real property for a public
  use must make a good faith effort to acquire the property from the
  property owner voluntarily.
         Sec. 21.0113.  ADDITIONAL PROCEDURES FOR CERTAIN COMMON
  CARRIERS. (a) This section applies only to a condemnation
  proceeding initiated by a common carrier, as that term is defined by
  Section 111.002, Natural Resources Code.
         (b)  A common carrier that intends to exercise the power of
  eminent domain must serve the owner of the property to be acquired
  with notice that the common carrier intends to initiate
  condemnation proceedings on or before the date the common carrier
  files a condemnation petition.
         (c)  A notice required under this section must be served to
  the property owner by:
               (1)  regular mail; and
               (2)  certified mail, return receipt requested.
         (d)  A common carrier has the burden of proof to establish
  that a property owner received notice required by Subsection (b).
         SECTION 4.  Section 21.012(b), Property Code, is amended to
  read as follows:
         (b)  The petition must:
               (1)  describe the property to be condemned;
               (2)  state the purpose for which the entity intends to
  use the property;
               (3)  state the name of the owner of the property if the
  owner is known; [and]
               (4)  state that the entity and the property owner are
  unable to agree on the damages; and
               (5)  state that the entity made a good faith effort to
  acquire the property from the property owner voluntarily.
         SECTION 5.  Section 21.023, Property Code, is amended to
  read as follows:
         Sec. 21.023.  DISCLOSURE OF INFORMATION REQUIRED AT TIME OF
  ACQUISITION. A governmental entity shall disclose in writing to
  the property owner, at the time of acquisition of the property
  through eminent domain, that:
               (1)  the owner or the owner's heirs, successors, or
  assigns are entitled to repurchase the property if the public use
  for which the property was acquired through eminent domain is
  canceled before the 10th anniversary of the date of acquisition;
  and
               (2)  the repurchase price is the price paid to the owner
  by the governmental entity at the time the governmental entity
  acquired the property through eminent domain [fair market value of
  the property at the time the public use was canceled].
         SECTION 6.  Section 21.041, Property Code, is amended to
  read as follows:
         Sec. 21.041.  EVIDENCE.  As the basis for assessing actual
  damages to a property owner from a condemnation, the special
  commissioners shall admit evidence on:
               (1)  the value of the property being condemned,
  including any evidence that an owner of real property who desires
  but is not obligated to sell the property and a potential purchaser
  of the property who is under no necessity to purchase the property
  would consider with respect to the property if it were offered for
  sale;
               (2)  the injury to the property owner, including the
  financial damages associated with the cost of relocating from the
  condemned property, if the property was habitable, to another
  property that allows the property owner to have a standard of living
  comparable to the property owner's standard of living before the
  condemnation of the property;
               (3)  the benefit to the property owner's remaining
  property; and
               (4)  the use of the property for the purpose of the
  condemnation.
         SECTION 7.  Section 21.042(d), Property Code, is amended to
  read as follows:
         (d)  In estimating injury or benefit under Subsection (c),
  the special commissioners shall consider an injury or benefit that
  is peculiar to the property owner, including the property owner's
  financial damages described by Section 21.041(2), and that relates
  to the property owner's ownership, use, or enjoyment of the
  particular parcel of real property, but they may not consider an
  injury or benefit that the property owner experiences in common
  with the general community.
         SECTION 8.  Sections 21.046(a) and (b), Property Code, are
  amended to read as follows:
         (a)  A department, agency, instrumentality, or political
  subdivision of this state shall [may] provide a relocation advisory
  service for an individual, a family, a business concern, a farming
  or ranching operation, or a nonprofit organization that [if the
  service] is compatible with the Federal Uniform Relocation
  Assistance Advisory Program, 23 U.S.C.A. 501, et seq.
         (b)  This state or a political subdivision of this state
  shall [may], as a cost of acquiring real property, pay moving
  expenses and rental supplements, make relocation payments, provide
  financial assistance to acquire replacement housing, and
  compensate for expenses incidental to the transfer of the property
  if an individual, a family, the personal property of a business, a
  farming or ranching operation, or a nonprofit organization is
  displaced in connection with the acquisition.
         SECTION 9.  The heading to Section 21.047, Property Code, is
  amended to read as follows:
         Sec. 21.047.  ASSESSMENT OF COSTS AND FEES.
         SECTION 10.  Section 21.047, Property Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  If a court hearing a suit under this chapter finds that a
  condemning entity did not make a good faith effort to acquire the
  property from the property owner voluntarily as required by Section
  21.0112, the court may order the condemning entity to pay all costs
  and any reasonable attorney's fees incurred by the property owner.
         SECTION 11.  Section 21.101(a), Property Code, is amended to
  read as follows:
         (a)  Except as provided in Subsection (b), this subchapter
  applies only to a real property  interest acquired by a governmental
  entity through eminent domain for a public use.  A person from whom
  the property interest is acquired or that person's heirs,
  successors, or assigns are entitled to repurchase the property as
  provided by this subchapter if that public use was canceled before
  the 10th anniversary of the date of acquisition.
         SECTION 12.  Section 21.103(b), Property Code, is amended to
  read as follows:
         (b)  As soon as practicable after receipt of a [the]
  notification under Subsection (a), the governmental entity shall
  offer to sell the property interest to the person for the price paid
  to the owner by the governmental entity at the time the governmental
  entity acquired the property through eminent domain [fair market
  value of the property at the time the public use was canceled]. The
  person's right to repurchase the property expires on the 90th day
  after the date on which the governmental entity makes the offer.
         SECTION 13.  Subchapter B, Chapter 111, Natural Resources
  Code, is amended by adding Section 111.0195 to read as follows:
         Sec. 111.0195.  RIGHT OF EMINENT DOMAIN: ADDITIONAL
  PROCEDURES. (a) This section applies only to a condemnation
  proceeding initiated by a common carrier, as that term is defined by
  Section 111.002.
         (b)  A common carrier that intends to exercise the power of
  eminent domain must serve the owner of the property to be acquired
  with notice that the common carrier intends to initiate
  condemnation proceedings on or before the date the common carrier
  files a condemnation petition.
         (c)  The special commissioners in an eminent domain
  proceeding to which this section applies:
               (1)  may not schedule a hearing to assess damages
  before the 30th day after the date of the special commissioners'
  appointment; and
               (2)  must serve a property owner with notice informing
  the property owner of the time and place of the hearing not later
  than the 21st day before the date set for the hearing.
         (d)  A court that has jurisdiction over a condemnation
  proceeding may appoint a replacement special commissioner if:
               (1)  the property owner or the common carrier objects
  to the appointment of a special commissioner by filing a written
  statement of the person's objections on the grounds of:
                     (A)  a conflict of interest; or
                     (B)  other good cause; and
               (2)  the court determines in a hearing that good cause
  is shown.
         (e)  The special commissioners may delay scheduling a
  hearing for a reasonable period if, by motion to the court that has
  jurisdiction over the condemnation proceeding, the property owner
  requests and is granted a delay by the court for good cause shown.
         (f)  A notice required under this section must be served by:
               (1)  regular mail; and
               (2)  certified mail, return receipt requested, to the
  property owner.
         (g)  A common carrier has the burden of proof to establish
  that notice was provided as required by Subsection (b).
         SECTION 14.  Subchapter G, Chapter 13, Water Code, is
  amended by adding Section 13.258 to read as follows:
         Sec. 13.258.  EMINENT DOMAIN. (a)  A water and sewer utility
  that is operating in accordance with its certificate of convenience
  and necessity may acquire by condemnation only easements or lesser
  property interests reasonably necessary to comply with federal and
  state regulations relating to sanitation.
         (b)  The water and sewer utility shall exercise the power of
  eminent domain in the manner provided by Chapter 21, Property Code.
         (c)  The water and sewer utility may not exercise the power
  of eminent domain to condemn land to acquire rights to underground
  water or for water or water rights.
         (d)  A water and sewer utility may not exercise the power of
  eminent domain in a municipality with a population of more than 1.7
  million or in the municipality's extraterritorial jurisdiction to
  condemn land in which the municipality owns a fee, easement, or
  lesser property interest.
         SECTION 15.  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;
               (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;
               (44)  court costs for each special commissioner in an
  eminent domain proceeding (Sec. 21.047, Property Code) . . . as
  taxed by the court, $10 or more; and
               (45)  court costs and attorney's fees in an eminent
  domain proceeding (Sec. 21.047, Property Code) . . . as taxed by
  the court and as reasonable, respectively.
         SECTION 16.  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;
               (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;
               (21-a)  court costs and attorney's fees in an eminent
  domain proceeding (Sec. 21.047, Property Code) . . . as taxed by
  the court and as reasonable, respectively;
               (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.
         SECTION 17.  (a)  The change in law made by Section 552.0037,
  Government Code, as amended by this Act, applies only to a request
  for disclosure made on or after the effective date of this Act.  A
  request for disclosure made before the effective date of this Act is
  governed by the law in effect immediately before the effective date
  of this Act, and that law is continued in effect for that purpose.
         (b)  The changes in law made by Chapter 2206, Government
  Code, and Chapter 21, Property Code, as amended by this Act, apply
  only to a condemnation proceeding in which the petition is filed on
  or after the effective date of this Act and to any property
  condemned through the proceeding. A condemnation proceeding in
  which the petition is filed before the effective date of this Act
  and any property condemned through the proceeding is governed by
  the law in effect immediately before that date, and that law is
  continued in effect for that purpose.
         SECTION 18.  Section 111.0195, Natural Resources Code, as
  added by this Act, applies only to a condemnation proceeding in
  which the petition is filed on or after the effective date of this
  Act and to any property condemned through the proceeding. A
  condemnation proceeding in which the petition is filed before the
  effective date of this Act and any property condemned through the
  proceeding is governed by the law in effect immediately before that
  date, and that law is continued in effect for that purpose.
         SECTION 19.  (a) Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2007.
         (b)  Sections 5 and 12 of this Act, amending Sections 21.023
  and 21.103, Property Code, take effect on the date on which the
  constitutional amendment proposed by the 80th Legislature, Regular
  Session, 2007, allowing a governmental entity to sell property
  acquired through eminent domain back to the previous owners at the
  price the entity paid to acquire the property takes effect. If that
  amendment is not approved by the voters, Sections 5 and 12 of this
  Act have no effect.
 
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