|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to jury assembly and administration. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter A, Chapter 62, Government Code, is |
|
amended by adding Section 62.022 to read as follows: |
|
Sec. 62.022. COUNTY JURY ADMINISTRATION PLAN. (a) On the |
|
recommendation of a majority of the district, statutory probate, |
|
statutory county, and county court judges in a county, the |
|
commissioners court, by order entered in its minutes, may adopt a |
|
jury administration plan. |
|
(b) The commissioners court shall submit a plan adopted |
|
under Subsection (a) to the supreme court. The plan must be |
|
approved by the supreme court or its designee before it may be |
|
implemented. The supreme court or its designee may alter or abolish |
|
the plan at any time. |
|
(c) A plan authorized by this section must: |
|
(1) be proposed in writing to the commissioners court |
|
by a majority of the district, statutory probate, statutory county, |
|
and county court judges in the county at a meeting of the judges |
|
called for that purpose; |
|
(2) provide a fair, impartial, and objective jury |
|
administration process; |
|
(3) designate the district clerk as the officer in |
|
charge of jury administration and define the officer's duties; |
|
(4) ensure that the pool of jurors available for all |
|
courts is selected randomly; and |
|
(5) require the documentation of any alteration made |
|
by the county to a list of persons available for assignment to a |
|
jury list. |
|
(d) A plan authorized by this section may determine: |
|
(1) the timing and frequency of the issuance of juror |
|
summonses; |
|
(2) the number of jurors that may be summoned; |
|
(3) the manner by which a juror may be rescheduled; |
|
(4) the manner by which the name of a rescheduled juror |
|
is mixed into a jury list; |
|
(5) the process by which panels are formed and |
|
assigned to courts; |
|
(6) whether jurors may be summoned to one central |
|
location or to individual courts; |
|
(7) the identity and number of persons responsible |
|
for juror orientation; |
|
(8) the procedure for juror orientation; |
|
(9) the identity and number of persons responsible for |
|
decisions on qualifications, exemptions, and rescheduling; |
|
(10) the procedure for making decisions on juror |
|
qualifications, exemptions, and rescheduling; |
|
(11) the procedure for enhancing the accuracy of the |
|
list of persons available for assignment to a jury list; |
|
(12) whether a juror may be assigned for more than one |
|
day or one trial, and the process for making such an assignment; |
|
(13) whether a juror may be immediately reassigned to |
|
another trial after the juror has been eliminated due to a for-cause |
|
or peremptory challenge, and the process for making the assignment; |
|
(14) how the Internet may be used for juror |
|
communications and rescheduling; |
|
(15) special procedures for death-qualified capital |
|
cases; |
|
(16) whether justice of the peace or municipal courts |
|
may use jurors that have been summoned by the county; or |
|
(17) when litigants or attorneys may be informed of |
|
who has been summoned for jury duty. |
|
(e) The provisions of a plan that has been approved by the |
|
supreme court control to the extent they conflict with another |
|
provision of this chapter. |
|
(f) Not later than November 1 of each year that a county |
|
operates under a plan, the county shall submit a report to the |
|
supreme court that details the county's compliance with the plan. |
|
The county shall submit additional information regarding the plan |
|
or its implementation on request of the supreme court or its |
|
designee. |
|
(g) A failure to follow a procedure governed by a plan is not |
|
error or subject to appeal. |
|
(h) The public shall be granted reasonable access to the |
|
jury administration process. |
|
SECTION 2. Section 51.604(a), Government Code, is amended |
|
to read as follows: |
|
(a) The district clerk shall collect a $60 [$30] jury fee |
|
for each civil case in which a person applies for a jury trial. The |
|
clerk of a county court or statutory county court shall collect a |
|
$60 [$22] jury fee for each civil case in which a person applies for |
|
a jury trial. The clerk shall note the payment of the fee on the |
|
court's docket. A jury fee is nonrefundable. |
|
SECTION 3. Section 62.102, Government Code, is amended to |
|
read as follows: |
|
Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A |
|
person is disqualified to serve as a petit juror unless the person: |
|
(1) is at least 18 years of age; |
|
(2) is a citizen of this state and of the county in |
|
which the person is to serve as a juror; |
|
(3) is qualified under the constitution and laws to |
|
vote in the county in which the person is to serve as a juror; |
|
(4) is of sound mind and good moral character; |
|
(5) is able to read and write; |
|
(6) has not served as a petit juror for six days during |
|
the preceding three months in the county court or during the |
|
preceding six months in the district court; |
|
(7) has not been convicted of [misdemeanor theft or] a |
|
felony; and |
|
(8) is not under indictment or other legal accusation |
|
for [misdemeanor theft or] a felony. |
|
SECTION 4. Section 62.106(a), Government Code, is amended |
|
to read as follows: |
|
(a) A person qualified to serve as a petit juror may |
|
establish an exemption from jury service if the person: |
|
(1) is over 70 years of age; |
|
(2) has legal custody of a child younger than 14 [10] |
|
years of age and the person's service on the jury requires leaving |
|
the child without adequate supervision; |
|
(3) is a student of a [public or private] secondary |
|
school that is in session on a date that jury selection or the trial |
|
takes place; |
|
(4) is a person enrolled and in actual attendance at an |
|
institution of higher education; |
|
(5) [is an officer or an employee of the senate, the
|
|
house of representatives, or any department, commission, board,
|
|
office, or other agency in the legislative branch of state
|
|
government;
|
|
[(6) is summoned for service in a county with a
|
|
population of at least 200,000, unless that county uses a jury plan
|
|
under Section 62.011 and the period authorized under Section
|
|
62.011(b)(5) exceeds two years, and the person has served as a petit
|
|
juror in the county during the 24-month period preceding the date
|
|
the person is to appear for jury service;
|
|
[(7)] is the primary caretaker of a person who is an |
|
invalid unable to care for himself; |
|
[(8) except as provided by Subsection (b), is summoned
|
|
for service in a county with a population of at least 250,000 and
|
|
the person has served as a petit juror in the county during the
|
|
three-year period preceding the date the person is to appear for
|
|
jury service;] or |
|
(6) [(9)] is a member of the United States military |
|
forces serving on active duty and deployed to a location away from |
|
the person's home station and out of the person's county of |
|
residence. |
|
SECTION 5. 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) . . . $60 |
|
[$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. |
|
SECTION 6. 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) . . . $60 |
|
[$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; |
|
(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 7. Section 101.101, Government Code, is amended to |
|
read as follows: |
|
Sec. 101.101. STATUTORY PROBATE COURT FEES AND COSTS. The |
|
clerk of a statutory probate court shall collect fees and costs as |
|
follows: |
|
(1) court cost in certain civil cases to establish and |
|
maintain an alternative dispute resolution system, if authorized by |
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
Remedies Code) . . . not to exceed $10; |
|
(2) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . not more than $5; |
|
(C) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(D) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; and |
|
(E) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(3) additional filing fees as follows: |
|
(A) for certain cases to be used for |
|
court-related purposes for support of the judiciary, if authorized |
|
by the county commissioners court (Sec. 51.704, Government Code) |
|
. . . $40; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; and |
|
(C) for filing any civil action or proceeding |
|
requiring a filing fee, including an appeal, and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee to fund civil legal |
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
. . . $5; |
|
(4) for filing an application for registration of |
|
death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
(5) fee for judge's services on an application for |
|
court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(6) fee for prosecutor's services on an application |
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(7) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(8) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
after the 120th day after the date of the initial filing of the |
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code). . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; and |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; |
|
(9) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; |
|
(10) fee for deposit of a will with the county clerk |
|
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; |
|
(11) court costs for each special commissioner in an |
|
eminent domain proceeding (Sec. 21.047, Property Code) . . . as |
|
taxed by the court, $10 or more; |
|
(12) jury fee for civil case (Sec. 51.604, Government |
|
Code) . . . $60 [$22]; |
|
(13) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(14) the expense of preserving the record as a court |
|
cost, if imposed on a party by the referring court or associate |
|
judge (Sec. 54.612, Government Code) . . . actual cost; |
|
(15) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
proceeding; |
|
(16) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 622, Texas Probate Code) |
|
. . . probable cost of the guardianship proceeding; |
|
(17) for a hearing or proceeding under the Texas |
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
costs (Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
reasonable compensation to the following persons appointed under |
|
the Texas Mental Health Code: |
|
(A) attorneys; |
|
(B) physicians; |
|
(C) language interpreters; |
|
(D) sign interpreters; and |
|
(E) masters; |
|
(18) for a hearing or proceeding under the Texas |
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
costs (Sec. 571.018, Health and Safety Code): |
|
(A) attorney's fees; |
|
(B) physician examination fees; |
|
(C) expense of transportation to a mental health |
|
facility or to a federal agency not to exceed $50 if transporting |
|
within the same county and not to exceed the reasonable cost of |
|
transportation if transporting between counties; |
|
(D) costs and salary supplements authorized |
|
under Section 574.031, Health and Safety Code; and |
|
(E) prosecutors' fees authorized under Section |
|
574.031, Health and Safety Code; |
|
(19) expenses of transporting certain patients from |
|
the county of treatment to a hearing in the county in which the |
|
proceedings originated (Sec. 574.008, Health and Safety Code) . . . |
|
actual expenses unless certain arrangements are made to hold the |
|
hearing in the county in which the patient is receiving services; |
|
(20) expenses for expert witness testimony for an |
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
authorized by the court as reimbursement to the attorney ad litem, |
|
court-approved expenses; |
|
(21) fee for judge's services for holding a hearing on |
|
an application for court-ordered mental health services (Sec. |
|
574.031, Health and Safety Code) . . . as assessed by the judge, not |
|
to exceed $50; |
|
(22) expenses to reimburse judge for holding a hearing |
|
in a hospital or location other than the county courthouse (Sec. |
|
574.031, Health and Safety Code) . . . reasonable and necessary |
|
expenses as certified; |
|
(23) fee for services of a prosecuting attorney, |
|
including costs incurred for preparation of documents related to a |
|
hearing on an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50; and |
|
(24) a fee not otherwise listed in this section that is |
|
required to be collected under Section 25.0029, Government Code |
|
(Sec. 25.0029, Government Code) . . . as prescribed by law relating |
|
to county judges' fees. |
|
SECTION 8. Section 101.121, Government Code, is amended to |
|
read as follows: |
|
Sec. 101.121. COUNTY COURT FEES AND COSTS. The clerk of a |
|
county court shall collect: |
|
(1) fee for hearing on application for a license to |
|
manufacture, distribute, store, or sell beer (Sec. 61.31, Alcoholic |
|
Beverage Code) . . . $5; |
|
(2) court cost in certain civil cases to establish and |
|
maintain an alternative dispute resolution system, if authorized by |
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
Remedies Code) . . . not to exceed $10; |
|
(3) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . not more than $5; |
|
(C) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(D) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; and |
|
(E) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(4) a jury fee (Sec. 51.604, Government Code) . . . |
|
$60 [$22]; |
|
(5) a filing fee in each civil case filed to be used |
|
for court-related purposes for the support of the judiciary (Sec. |
|
51.703, Government Code) . . . $40; |
|
(6) for filing an application for registration of |
|
death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
(7) fee for judge's services on an application for |
|
court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(8) fee for prosecutor's services on an application |
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(9) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(10) civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(11) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
after the 120th day after the date of the initial filing of the |
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code). . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code). . . $25; |
|
(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; |
|
(12) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(13) deposit on filing petition requesting permission |
|
to create a municipal civic center authority (Sec. 281.013, Local |
|
Government Code) . . . $200; |
|
(14) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(15) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(16) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; |
|
(17) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(18) fee for deposit of a will with the county clerk |
|
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; |
|
(19) fee for county attorney in a suit regarding a |
|
railroad company's failure to keep roadbed and right-of-way in |
|
proper condition (Art. 6327, Vernon's Texas Civil Statutes) . . . |
|
$10; |
|
(20) appeal bond from a petitioner or taxpayer in a |
|
water control and preservation district (Art. 7818, Vernon's Texas |
|
Civil Statutes) . . . $100; |
|
(21) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $5; |
|
(22) 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; |
|
(23) 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; |
|
(24) 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; |
|
(25) 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; |
|
(26) 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; |
|
(27) 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; |
|
(28) 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; |
|
(29) 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; |
|
(30) 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; |
|
(31) 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; |
|
(32) 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; and |
|
(33) 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. |
|
SECTION 9. Section 102.101, Government Code, as amended by |
|
Chapters 240 and 949, Acts of the 79th Legislature, Regular |
|
Session, 2005, is reenacted and amended to read as follows: |
|
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
JUSTICE COURT. A clerk of a justice court shall collect fees and |
|
costs on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $10 [$3]; |
|
(2) [a fee for withdrawing request for jury less than
|
|
24 hours before time of trial (Art. 102.004, Code of Criminal
|
|
Procedure) . . . $3;
|
|
[(3)] a jury fee for two or more defendants tried |
|
jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury |
|
fee of $10 [$3]; |
|
(3) [(4)] a security fee on a misdemeanor offense |
|
(Art. 102.017, Code of Criminal Procedure) . . . $3; |
|
(4) [(5)] a fee for technology fund on a misdemeanor |
|
offense (Art. 102.0173, Code of Criminal Procedure). . . not to |
|
exceed $4; |
|
(5) [(6)] a court cost on conviction in Comal County |
|
(Sec. 152.0522, Human Resources Code) . . . $1.50; and |
|
(6) [(7)] a juvenile case manager fee (Art. 102.0174, |
|
Code of Criminal Procedure) . . . $5. |
|
SECTION 10. Section 102.121, Government Code, is amended to |
|
read as follows: |
|
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
MUNICIPAL COURT. The clerk of a municipal court shall collect fees |
|
and costs on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $10 [$3]; |
|
(2) [a fee for withdrawing request for jury less than
|
|
24 hours before time of trial (Art. 102.004, Code of Criminal
|
|
Procedure) . . . $3;
|
|
[(3)] a jury fee for two or more defendants tried |
|
jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury |
|
fee of $10 [$3]; |
|
(3) [(4)] a security fee on a misdemeanor offense |
|
(Art. 102.017, Code of Criminal Procedure). . . $3; |
|
(4) [(5)] a fee for technology fund on a misdemeanor |
|
offense (Art. 102.0172, Code of Criminal Procedure) . . . not to |
|
exceed $4; and |
|
(5) [(6)] a juvenile case manager fee (Art. 102.0174, |
|
Code of Criminal Procedure) . . . $5. |
|
SECTION 11. Article 19.16, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 19.16. ABSENT JUROR FINED. A juror legally summoned, |
|
failing to attend without a reasonable excuse, may, by order of the |
|
court entered on the record, be fined not less than $100 [ten
|
|
dollars] nor more than $1,000 [one hundred dollars]. |
|
SECTION 12. Article 19.25, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 19.25. EXCUSES FROM SERVICE. Any person summoned who |
|
does not possess the requisite qualifications shall be excused by |
|
the court from serving. The following qualified persons may be |
|
excused from grand jury service: |
|
(1) a person older than 70 years; |
|
(2) a person responsible for the care of a child |
|
younger than 14 [18] years; |
|
(3) a student of a public or private secondary school; |
|
(4) a person enrolled and in actual attendance at an |
|
institution of higher education; and |
|
(5) any other person that the court determines has a |
|
reasonable excuse from service. |
|
SECTION 13. Article 35.01, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 35.01. JURORS CALLED. When a case is called for trial |
|
and the parties have announced ready for trial, the names of those |
|
summoned as jurors in the case shall be called. Those not present |
|
may be fined not less than $100 nor more than $1,000 [exceeding
|
|
fifty dollars]. An attachment may issue on request of either party |
|
for any absent summoned juror, to have him brought forthwith before |
|
the court. A person who is summoned but not present, may upon an |
|
appearance, before the jury is qualified, be tried as to his |
|
qualifications and impaneled as a juror unless challenged, but no |
|
cause shall be unreasonably delayed on account of his absence. |
|
SECTION 14. Articles 102.004(a) and (b), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(a) A defendant convicted by a jury in a trial before a |
|
justice or municipal court shall pay a jury fee of $10 [$3]. [A
|
|
defendant in a justice or municipal court who requests a trial by
|
|
jury and who withdraws the request not earlier than 24 hours before
|
|
the time of trial shall pay a jury fee of $3, if the defendant is
|
|
convicted of the offense or final disposition of the defendant's
|
|
case is deferred.] A defendant convicted by a jury in a county |
|
court, a county court at law, or a district court shall pay a jury |
|
fee of $20. A jury fee is nonrefundable. |
|
(b) If two or more defendants are tried jointly in a justice |
|
or municipal court, only one jury fee of $10 [$3] may be imposed |
|
under this article. If the defendants sever and are tried |
|
separately, each defendant convicted shall pay a jury fee. A jury |
|
fee is nonrefundable. |
|
SECTION 15. (a) Sections 62.001, 62.002, 62.003, 62.004, |
|
62.005, 62.006, 62.007, 62.008, 62.009, 62.010, 62.011, 62.0111, |
|
62.012, 62.0125, 62.013, 62.0131, 62.0132, 62.014, 62.0145, |
|
62.0146, 62.015, 62.016, 62.017, 62.0175, 62.018, 62.021, and |
|
62.111, Government Code, are repealed. |
|
(b) Section 62.0142, Government Code, as added by Chapter |
|
559, Acts of the 79th Legislature, Regular Session, 2005, is |
|
repealed. |
|
(c) Section 62.0142, Government Code, as added by Chapter |
|
1360, Acts of the 79th Legislature, Regular Session, 2005, is |
|
repealed. |
|
(d) Articles 35.03, 35.04, 35.05, 35.11, and 35.12, Code of |
|
Criminal Procedure, are repealed. |
|
SECTION 16. This Act takes effect September 1, 2007. |