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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the fees charged for filing an inventory and |
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appraisement in probate actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 118.052, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.052. FEE SCHEDULE. Each clerk of a county court |
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shall collect the following fees for services rendered to any |
|
person: |
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(1) CIVIL COURT ACTIONS |
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(A) Filing of Original Action (Sec. 118.053): |
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(i) Garnishment after judgment . . . $15.00 |
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(ii) All others . . . $40.00 |
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(B) Filing of Action Other than Original (Sec. |
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118.054) . . . $30.00 |
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(C) Services Rendered After Judgment in Original |
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Action (Sec. 118.0545): |
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(i) Abstract of judgment . . . $5.00 |
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(ii) Execution, order of sale, writ, or |
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other process . . . $5.00 |
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(2) PROBATE COURT ACTIONS |
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(A) Probate Original Action (Sec. 118.055): |
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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 |
|
title . . . $40.00 |
|
(ii) Community survivors . . . $40.00 |
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(iii) Small estates . . . $40.00 |
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(iv) Declarations of heirship . . . $40.00 |
|
(v) Mental health or chemical dependency |
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services . . . $40.00 |
|
(vi) Additional, special fee (Sec. |
|
118.064) . . . $5.00 |
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(B) Services in Pending Probate Action (Sec. |
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118.056): |
|
(i) Filing an inventory and appraisement as |
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provided by Section 118.056(d) [after the 120th day after the date
|
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of the initial filing of the action] . . . $25.00 |
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(ii) Approving and recording |
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bond . . . $3.00 |
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(iii) Administering oath . . . $2.00 |
|
(iv) Filing annual or final account of |
|
estate . . . $25.00 |
|
(v) Filing application for sale of real or |
|
personal property . . . $25.00 |
|
(vi) Filing annual or final report of |
|
guardian of a person . . . $10.00 |
|
(vii) Filing a document not listed under |
|
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 |
|
initial filing of the action, whichever occurs first, if more than |
|
25 pages . . . $25.00 |
|
(C) Adverse Probate Action (Sec. |
|
118.057) . . . $40.00 |
|
(D) Claim Against Estate (Sec. |
|
118.058) . . . $2.00 |
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(3) OTHER FEES |
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(A) Issuing Document (Sec. 118.059): |
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original document and one copy . . . $4.00 |
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each additional set of an original and one |
|
copy . . . $4.00 |
|
(B) Certified Papers (Sec. 118.060): |
|
for the clerk's certificate . . . $5.00 |
|
plus a fee per page or part of a page of . . . $1.00 |
|
(C) Noncertified Papers (Sec. 118.0605): |
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for each page or part of a page . . . $1.00 |
|
(D) Letters Testamentary, Letter of |
|
Guardianship, Letter of Administration, or Abstract of Judgment |
|
(Sec. 118.061) . . . $2.00 |
|
(E) Safekeeping of Wills (Sec. |
|
118.062) . . . $5.00 |
|
(F) Mail Service of Process (Sec. |
|
118.063) . . . same as sheriff |
|
(G) Records Management and Preservation |
|
Fee . . . $5.00 |
|
SECTION 2. Section 118.056, Local Government Code, as |
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amended by Chapter 66, Acts of the 76th Legislature, Regular |
|
Session, 1999, is amended by amending Subsection (a) and adding |
|
Subsection (d) to read as follows: |
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(a) Except as provided by Subsection (d), the [The] fees for |
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"Services in Pending Probate Action" under Section 118.052(2) are |
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for services in an action in an open probate docket rendered 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. |
|
(d) The fee for filing an inventory and appraisement under |
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Section 118.052(2)(B)(i) applies only if the instrument is filed |
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after the 90th day after the date the personal representative has |
|
qualified to serve or, if the court grants an extension under |
|
Section 250, Texas Probate Code, after the date of the extended |
|
deadline specified by the court. |
|
SECTION 3. 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] (Secs. [Sec.] 118.052 and 118.056(d), 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 4. 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] (Secs. [Sec.] 118.052 and 118.056(d), Local Government |
|
Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government |
|
Code) . . . $10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 |
|
pages . . . $25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; and |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; |
|
(9) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government |
|
Code) . . . $1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; |
|
(10) fee for deposit of a will with the county clerk |
|
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; |
|
(11) court costs for each special commissioner in an |
|
eminent domain proceeding (Sec. 21.047, Property Code) . . . as |
|
taxed by the court, $10 or more; |
|
(12) jury fee for civil case (Sec. 51.604, Government |
|
Code) . . . $22; |
|
(13) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(14) the expense of preserving the record as a court |
|
cost, if imposed on a party by the referring court or associate |
|
judge (Sec. 54.612, Government Code) . . . actual cost; |
|
(15) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
proceeding; |
|
(16) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 622, Texas Probate |
|
Code) . . . probable cost of the guardianship proceeding; |
|
(17) for a hearing or proceeding under the Texas |
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
costs (Secs. 571.017 and 571.018, Health and Safety |
|
Code) . . . reasonable compensation to the following persons |
|
appointed under the Texas Mental Health Code: |
|
(A) attorneys; |
|
(B) physicians; |
|
(C) language interpreters; |
|
(D) sign interpreters; and |
|
(E) masters; |
|
(18) for a hearing or proceeding under the Texas |
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
costs (Sec. 571.018, Health and Safety Code): |
|
(A) attorney's fees; |
|
(B) physician examination fees; |
|
(C) expense of transportation to a mental health |
|
facility or to a federal agency not to exceed $50 if transporting |
|
within the same county and not to exceed the reasonable cost of |
|
transportation if transporting between counties; |
|
(D) costs and salary supplements authorized |
|
under Section 574.031, Health and Safety Code; and |
|
(E) prosecutors' fees authorized under Section |
|
574.031, Health and Safety Code; |
|
(19) expenses of transporting certain patients from |
|
the county of treatment to a hearing in the county in which the |
|
proceedings originated (Sec. 574.008, Health and Safety |
|
Code) . . . actual expenses unless certain arrangements are made |
|
to hold the hearing in the county in which the patient is receiving |
|
services; |
|
(20) expenses for expert witness testimony for an |
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
authorized by the court as reimbursement to the attorney ad litem, |
|
court-approved expenses; |
|
(21) fee for judge's services for holding a hearing on |
|
an application for court-ordered mental health services (Sec. |
|
574.031, Health and Safety Code) . . . as assessed by the judge, not |
|
to exceed $50; |
|
(22) expenses to reimburse judge for holding a hearing |
|
in a hospital or location other than the county courthouse (Sec. |
|
574.031, Health and Safety Code) . . . reasonable and necessary |
|
expenses as certified; |
|
(23) fee for services of a prosecuting attorney, |
|
including costs incurred for preparation of documents related to a |
|
hearing on an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50; and |
|
(24) a fee not otherwise listed in this section that is |
|
required to be collected under Section 25.0029, Government Code |
|
(Sec. 25.0029, Government Code) . . . as prescribed by law relating |
|
to county judges' fees. |
|
SECTION 5. 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) . . . $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] (Secs. [Sec.] 118.052 and 118.056(d), 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 6. The changes in law made by this Act apply only to |
|
a document filed on or after the effective date of this Act. A |
|
document filed before the effective date of this Act is governed by |
|
the law in effect on the date the document was filed, and the former |
|
law is continued in effect for that purpose. |
|
SECTION 7. This Act takes effect September 1, 2007. |