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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of certain filing fees by statutory |
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probate courts for deposit in the judicial fund, the use of those |
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deposits, and the remittance of the excess of those deposits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.00212(a), Government Code, is amended |
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to read as follows: |
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(a) At the end of each state fiscal year, the comptroller |
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shall determine the amounts deposited in the judicial fund under |
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Section 51.704 and the sum of the amount paid under Section |
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25.0022(e) and the total amounts paid to the counties under Section |
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25.00211. If the total amount deposited [paid] under Section |
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51.704 by all counties exceeds that sum [the total amount paid to
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counties under Section 25.00211], the state shall remit the excess |
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proportionately to each county that deposited a greater amount in |
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the judicial fund under Section 51.704 than the amount the county |
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was paid under Section 25.00211, as adjusted in an equitable manner |
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to reflect the differences in the total amounts paid to the counties |
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under Section 25.00211 [the counties proportionately based on the
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percentage of the total paid by each county]. |
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SECTION 2. Section 25.0022(e), Government Code, is amended |
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to read as follows: |
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(e) In addition to all other compensation, expenses, and |
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perquisites authorized by law, the presiding judge shall be paid |
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for performing the duties of a presiding judge an annual salary |
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equal to the maximum salary authorized by Section 74.051(b) for a |
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presiding judge of an administrative judicial region. The |
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presiding judge is entitled to receive reasonable expenses incurred |
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in administering those duties. The state shall pay $5,000 of the |
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salary in equal monthly installments from amounts deposited in the |
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judicial fund under Section 51.704 and appropriated for that |
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purpose, and the remainder of the salary and expenses is [are] paid |
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by the counties that have statutory probate courts, apportioned |
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according to the number of statutory probate courts in the county. |
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SECTION 3. The heading to Section 51.704, Government Code, |
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is amended to read as follows: |
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Sec. 51.704. ADDITIONAL FEES IN [CERTAIN] STATUTORY PROBATE |
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COURTS. |
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SECTION 4. Section 51.704(a), Government Code, is amended |
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to read as follows: |
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(a) In [Except as provided by Subsection (f), in] addition |
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to all other fees authorized or required by other law, the clerk of |
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a statutory probate court shall collect a $40 filing fee in each |
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probate, guardianship, mental health, or civil case filed in the |
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court to be used for court-related purposes for the support of the |
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judiciary. |
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SECTION 5. Section 101.101, Government Code, is amended to |
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read as follows: |
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Sec. 101.101. STATUTORY PROBATE COURT FEES AND COSTS. The |
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clerk of a statutory probate court shall collect fees and costs as |
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follows: |
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(1) 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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(2) appellate judicial system filing fees: |
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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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(3) additional filing fees as follows: |
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(A) for certain cases to be used for |
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court-related purposes for support of the judiciary[, if authorized
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by the county commissioners court] (Sec. 51.704, Government Code) |
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. . . $40; |
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(B) 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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(C) for filing any civil action or proceeding |
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requiring a filing fee, including an appeal, and on the filing of |
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any counterclaim, cross-action, intervention, interpleader, or |
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third-party action requiring a filing fee to fund civil legal |
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services for the indigent (Sec. 133.153, Local Government Code) |
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. . . $5; |
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(4) for filing an application for registration of |
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death (Sec. 193.007, Health and Safety Code) . . . $1; |
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(5) fee for judge's services on an application for |
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court-ordered mental health services (Sec. 574.031, Health and |
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Safety Code) . . . not to exceed $50; |
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(6) fee for prosecutor's services on an application |
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for court-ordered mental health services (Sec. 574.031, Health and |
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Safety Code) . . . not to exceed $50; |
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(7) additional filing fee to fund contingency fund for |
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liability insurance, if authorized by the county commissioners |
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court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
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(8) probate court actions (Sec. 118.052, Local |
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Government Code): |
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(A) probate original action (Secs. 118.052 and |
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118.055, Local Government Code): |
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(i) probate of a will with independent |
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executor, administration with will attached, administration of an |
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estate, guardianship or receivership of an estate, or muniment of |
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title (Sec. 118.052, Local Government Code) . . . $40; |
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(ii) community survivors (Sec. 118.052, |
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Local Government Code) . . . $40; |
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(iii) small estates (Sec. 118.052, Local |
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Government Code) . . . $40; |
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(iv) declarations of heirship (Sec. |
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118.052, Local Government Code) . . . $40; |
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(v) mental health or chemical dependency |
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services (Sec. 118.052, Local Government Code) . . . $40; and |
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(vi) additional, special fee (Secs. 118.052 |
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and 118.064, Local Government Code) . . . $5; |
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(B) services in pending probate action (Secs. |
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118.052 and 118.056, Local Government Code): |
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(i) filing an inventory and appraisement |
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after the 120th day after the date of the initial filing of the |
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action (Sec. 118.052, Local Government Code) . . . $25; |
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(ii) approving and recording bond (Sec. |
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118.052, Local Government Code) . . . $3; |
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(iii) administering oath (Sec. 118.052, |
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Local Government Code) . . . $2; |
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(iv) filing annual or final account of |
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estate (Sec. 118.052, Local Government Code) . . . $25; |
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(v) filing application for sale of real or |
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personal property (Sec. 118.052, Local Government Code) . . . $25; |
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(vi) filing annual or final report of |
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guardian of a person (Sec. 118.052, Local Government Code) . . . |
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$10; and |
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(vii) filing a document not listed under |
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this paragraph after the filing of an order approving the inventory |
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and appraisement or after the 120th day after the date of the |
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initial filing of the action, whichever occurs first (Secs. 118.052 |
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and 191.007, Local Government Code), if more than 25 pages . . . |
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$25; |
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(C) adverse probate action (Secs. 118.052 and |
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118.057, Local Government Code) . . . $40; and |
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(D) claim against estate (Secs. 118.052 and |
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118.058, Local Government Code) . . . $2; |
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(9) other fees (Sec. 118.052, Local Government Code): |
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(A) issuing document (Secs. 118.052 and 118.059, |
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Local Government Code): |
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(i) original document and one copy (Sec. |
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118.052, Local Government Code) . . . $4; and |
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(ii) each additional set of an original and |
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one copy (Sec. 118.052, Local Government Code) . . . $4; |
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(B) certified papers (Secs. 118.052 and 118.060, |
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Local Government Code): |
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(i) for the clerk's certificate (Sec. |
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118.052, Local Government Code) . . . $5; and |
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(ii) a fee per page or part of a page (Sec. |
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118.052, Local Government Code) . . . $1; |
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(C) noncertified papers, for each page or part of |
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a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
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$1; |
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(D) letters testamentary, letter of |
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guardianship, letter of administration, or abstract of judgment |
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(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
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(E) safekeeping of wills (Secs. 118.052 and |
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118.062, Local Government Code) . . . $5; |
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(F) mail service of process (Secs. 118.052 and |
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118.063, Local Government Code) . . . same as sheriff; and |
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(G) records management and preservation fee |
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(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; |
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(10) fee for deposit of a will with the county clerk |
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during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; |
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(11) court costs for each special commissioner in an |
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eminent domain proceeding (Sec. 21.047, Property Code) . . . as |
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taxed by the court, $10 or more; |
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(12) jury fee for civil case (Sec. 51.604, Government |
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Code) . . . $22; |
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(13) 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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(14) the expense of preserving the record as a court |
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cost, if imposed on a party by the referring court or associate |
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judge (Sec. 54.612, Government Code) . . . actual cost; |
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(15) 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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(16) 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 Code) |
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. . . probable cost of the guardianship proceeding; |
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(17) for a hearing or proceeding under the Texas |
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Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
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costs (Secs. 571.017 and 571.018, Health and Safety Code) . . . |
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reasonable compensation to the following persons appointed under |
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the Texas Mental Health Code: |
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(A) attorneys; |
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(B) physicians; |
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(C) language interpreters; |
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(D) sign interpreters; and |
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(E) masters; |
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(18) for a hearing or proceeding under the Texas |
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Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
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costs (Sec. 571.018, Health and Safety Code): |
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(A) attorney's fees; |
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(B) physician examination fees; |
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(C) expense of transportation to a mental health |
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facility or to a federal agency not to exceed $50 if transporting |
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within the same county and not to exceed the reasonable cost of |
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transportation if transporting between counties; |
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(D) costs and salary supplements authorized |
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under Section 574.031, Health and Safety Code; and |
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(E) prosecutors' fees authorized under Section |
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574.031, Health and Safety Code; |
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(19) expenses of transporting certain patients from |
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the county of treatment to a hearing in the county in which the |
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proceedings originated (Sec. 574.008, Health and Safety Code) . . . |
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actual expenses unless certain arrangements are made to hold the |
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hearing in the county in which the patient is receiving services; |
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(20) expenses for expert witness testimony for an |
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indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
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authorized by the court as reimbursement to the attorney ad litem, |
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court-approved expenses; |
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(21) fee for judge's services for holding a hearing on |
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an application for court-ordered mental health services (Sec. |
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574.031, Health and Safety Code) . . . as assessed by the judge, not |
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to exceed $50; |
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(22) expenses to reimburse judge for holding a hearing |
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in a hospital or location other than the county courthouse (Sec. |
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574.031, Health and Safety Code) . . . reasonable and necessary |
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expenses as certified; |
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(23) fee for services of a prosecuting attorney, |
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including costs incurred for preparation of documents related to a |
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hearing on an application for court-ordered mental health services |
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(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
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judge, not to exceed $50; and |
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(24) a fee not otherwise listed in this section that is |
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required to be collected under Section 25.0029, Government Code |
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(Sec. 25.0029, Government Code) . . . as prescribed by law relating |
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to county judges' fees. |
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SECTION 6. Section 133.004, Local Government Code, is |
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amended to read as follows: |
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Sec. 133.004. CIVIL FEES. This chapter applies to the |
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following civil fees: |
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(1) the consolidated fee on filing in district court |
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imposed under Section 133.151; |
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(2) the filing fee in district court for basic civil |
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legal services for indigents imposed under Section 133.152; |
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(3) the filing fee in courts other than district court |
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for basic civil legal services for indigents imposed under Section |
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133.153; |
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(4) the filing fees for the judicial fund imposed in |
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certain statutory county courts under Section 51.702, Government |
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Code; |
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(5) the filing fees for the judicial fund imposed in |
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certain county courts under Section 51.703, Government Code; |
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(6) the filing fees for the judicial fund imposed in |
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[certain] statutory probate courts under Section 51.704, |
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Government Code; |
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(7) fees collected under Section 118.015; |
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(8) marriage license fees for the family trust fund |
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collected under Section 118.018; |
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(9) marriage license or declaration of informal |
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marriage fees for the child abuse and neglect prevention trust fund |
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account collected under Section 118.022; and |
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(10) the filing fee for the judicial fund imposed in |
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district court, statutory county court, and county court under |
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Section 133.154. |
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SECTION 7. Sections 51.704(e), (f), (g), and (h), |
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Government Code, are repealed. |
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SECTION 8. Section 25.00212, Government Code, as amended by |
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this Act, applies to the determination of excess contributions and |
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remittance of those contributions under that section beginning with |
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the determination and remittance occurring at the end of state |
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fiscal year 2008. |
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SECTION 9. This Act takes effect September 1, 2007. |