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A BILL TO BE ENTITLED
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AN ACT
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relating to longevity pay for assistant prosecutors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (1), Section 41.251, Government |
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Code, is amended to read as follows: |
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(1) "Assistant prosecutor" means an assistant |
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district attorney, an assistant criminal district attorney, or an |
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assistant county attorney [to a county attorney compensated by the
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state to perform the duties of a district attorney]. |
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SECTION 2. The heading to Section 41.258, Government Code, |
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is amended to read as follows: |
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Sec. 41.258. ASSISTANT [FELONY] PROSECUTOR SUPPLEMENT FUND |
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AND FAIR DEFENSE ACCOUNT. |
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SECTION 3. Subsections (a), (i), and (j), Section 41.258, |
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Government Code, are amended to read as follows: |
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(a) The assistant [felony] prosecutor supplement fund is |
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created in the state treasury. |
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(i) The comptroller shall deposit two-thirds of the funds |
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received under this section in the assistant [felony] prosecutor |
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supplement fund and one-third of the funds received under this |
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section to the fair defense account. A county may not reduce the |
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amount of funds provided for indigent defense services in the |
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county because of funds provided under this subsection. |
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(j) The comptroller shall pay supplements from the |
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assistant [felony] prosecutor supplement fund as provided by this |
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subchapter. At the end of each fiscal year, any unexpended balance |
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in the fund in excess of $1.5 million may be transferred to the |
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general revenue fund. |
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SECTION 4. Section 103.022, Government Code, is amended to |
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read as follows: |
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Sec. 103.022. MISCELLANEOUS FEES AND COSTS. The following |
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fees and costs shall be paid or collected as follows: |
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(1) fee for use of an interpreter in civil cases (Sec. |
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21.051, Civil Practice and Remedies Code) . . . $3; |
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(2) fee for custodian of a record compelled by a court |
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to produce or certify the record (Sec. 22.004, Civil Practice and |
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Remedies Code) . . . $1; |
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(3) cost for use of certified copy of the record of |
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names of all trustees appointed by any state organization of a |
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religious congregation in this state (Sec. 126.012, Civil Practice |
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and Remedies Code) . . . $1.50; |
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(4) filing of a restitution lien (Art. 42.22, Code of |
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Criminal Procedure) . . . $5; |
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(5) issuance and service of a warrant of arrest for |
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certain offenses if prescribed by the municipality (Art. 45.203, |
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Code of Criminal Procedure) . . . not to exceed $25; |
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(6) filing a certified copy of a judicial finding of |
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fact and conclusion of law if charged by the secretary of state |
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(Sec. 51.905, Government Code) . . . $15; |
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(7) costs of determining and sending information |
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concerning the identity of the court with continuing, exclusive |
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jurisdiction if charged by the bureau of vital statistics (Sec. |
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108.006, Family Code) . . . reasonable fee; |
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(8) initial operations fee paid to domestic relations |
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office on filing of a suit affecting the parent-child relationship, |
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if authorized by the administering entity (Sec. 203.005, Family |
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Code) . . . not to exceed $15; |
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(9) initial child support service fee paid to domestic |
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relations office in certain counties on filing of a suit affecting |
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the parent-child relationship, if authorized by the administering |
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entity (Sec. 203.005, Family Code) . . . not to exceed $36; |
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(10) service fee for services of a domestic relations |
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office, if authorized by the administering entity (Sec. 203.005, |
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Family Code) . . . not to exceed $3 per month; |
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(11) fee from a Title IV-D agency for each item of |
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process to each individual on whom service is required, including |
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service by certified or registered mail (Sec. 231.202, Family Code) |
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. . . the amount that a sheriff or constable may charge for serving |
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process under Section 118.131, Local Government Code; |
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(12) certain transactions with respect to a suit for |
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spousal support or a suit affecting the parent-child relationship |
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in Harris County, if authorized by the county commissioners court |
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(Sec. 152.1074, Human Resources Code) . . . not to exceed $2 per |
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transaction; |
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(13) child support service fee in Smith County if |
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court allows assessment by child support office (Sec. 152.2183, |
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Human Resources Code) . . . not to exceed $2.50 a month; |
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(14) services by the offices of the sheriff and |
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constables (Sec. 118.131, Local Government Code). . . amount set by |
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county commissioners court; |
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(15) cost paid by each surety posting the bail bond for |
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an offense other than a misdemeanor punishable by fine only under |
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Chapter 17, Code of Criminal Procedure, for the assistant [felony] |
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prosecutor supplement fund and the fair defense account (Sec. |
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41.258, Government Code). . . $15, provided the cost does not |
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exceed $30 for all bail bonds posted at that time for an individual |
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and the cost is not required on the posting of a personal or cash |
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bond; |
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(16) appraiser's fee as court costs for determining |
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the fair value of ownership interests of owners who have perfected |
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their rights (Sec. 10.365, Business Organizations Code). . . a |
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reasonable fee; [and] |
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(16-a) an appraiser's fee as court costs for |
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determining the fair value of the shares of the shareholders |
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entitled to payment for their shares in a real estate investment |
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trust (Sec. 25.20, Art. 6138A, Vernon's Texas Civil Statutes) . . . |
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a reasonable fee; |
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(16-b) an appraiser's fee as court costs for |
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determining the fair value of the shares of the shareholders |
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entitled to payment for their shares by the existing, surviving, or |
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new corporation (Art. 5.12, Texas Business Corporation Act) . . . a |
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reasonable fee; |
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(17) to participate in a court proceeding in this |
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state, a nonresident attorney fee for civil legal services to the |
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indigent (Sec. 82.0361, Government Code). . . $250 except as waived |
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or reduced under supreme court rules for representing an indigent |
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person;[.] |
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(18) costs of investigation, reasonable attorney's |
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fees, and reasonable expert witness fees in a civil suit or a |
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criminal prosecution for recovery of the value of any fish, |
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shellfish, reptile, amphibian, bird, or animal (Sec. 12.308, Parks |
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and Wildlife Code) . . . actual costs;[.] |
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(18-a) [(18)] a witness's fee for one day to be paid by |
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the party who subpoenas the witness (Sec. 22.001, Civil Practice |
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and Remedies Code) . . . $10; |
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(19) on a party's appeal of a final decision in a |
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contested case, the cost of preparing the original or a certified |
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copy of the record of the agency proceeding, if required by the |
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agency's rule, as a court cost (Sec. 2001.177, Government Code) |
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. . . as assessed by the court, all or part of the cost of |
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preparation; |
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(20) the costs of arbitration in cases between a |
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juvenile board and a school district that fail to agree on a |
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memorandum of understanding related to the juvenile justice |
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alternative education program (Sec. 37.011, Education Code) . . . |
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each party its pro rata share of the costs; |
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(21) compensation to a referee in juvenile court in |
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Wichita County taxed as costs if the judge determines the parties |
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are able to pay the costs (Sec. 54.403, Government Code) . . . as |
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determined by the judge; |
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(22) the expense of preserving the record as a court |
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cost in Brazos County if imposed on a party by the referring court |
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or magistrate (Sec. 54.1111, Government Code) . . . actual cost; |
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(23) a filing fee or recording fee for each page of a |
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legal paper presented for filing or recording that fails to meet |
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certain requirements regarding paper size, weight, substance, |
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headings, legibility, the presence of typed or printed names under |
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each signature, and number and size of riders or attachments (Sec. |
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191.007, Local Government Code) . . . twice the regular filing fee |
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or recording fee provided by statute for that page, rider, or |
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attachment; |
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(24) a processing fee as authorized by the |
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commissioners court for the payment by credit card of a fee, court |
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cost, or other charge processed by a county or precinct officer |
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(Secs. 132.002 and 132.003, Local Government Code) . . . an amount |
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reasonably related to the expense incurred by the county or |
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precinct officer but not to exceed five percent of the amount of the |
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fee, court cost, or other charge being paid; |
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(25) a processing fee as authorized by the governing |
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body of the municipality for the payment by credit card of a fee, |
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court cost, or other charge processed by a municipal official |
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(Secs. 132.002 and 132.003, Local Government Code) . . . an amount |
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reasonably related to the expense incurred by the municipal |
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official but not to exceed five percent of the amount of the fee, |
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court cost, or other charge being paid; |
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(26) a handling fee, if authorized by the |
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commissioners court under Section 132.002, Local Government Code, |
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for electronically processing the payment of a fee, fine, court |
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cost, or other charge (Secs. 132.002 and 132.003, Local Government |
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Code): |
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(A) charged at a flat rate that does not exceed $5 |
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for each payment transaction; or |
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(B) charged at a rate reasonably related to the |
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expense incurred in processing a payment and that does not exceed |
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five percent of the amount of the fee, court cost, or other charge |
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being paid; |
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(27) a fee, if authorized by the commissioners court, |
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collected by a county or precinct officer on behalf of the county |
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from a person making payment by credit card of a fee, court cost, or |
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other charge (Sec. 132.003, Local Government Code) . . . an amount |
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equal to the amount of any transaction fee charged to the county by |
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a vendor providing services in connection with payments made by |
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credit card; |
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(28) a fee for sale of securities under an offering |
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that has not been registered, if the transaction or securities are |
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not exempt (Art. 581-35-2, Vernon's Texas Civil Statutes) . . . as |
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set by the securities commissioner or court, but not to exceed six |
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times the amount that would have been paid if the issuer had filed |
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an application to register the securities and paid the fee |
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prescribed based on the amount of sales made in this state within |
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the prior three years, plus interest on that amount from the date of |
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the first sale made in this state until the date the fee is paid; and |
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(29) a fee for mailing an order vacating or staying an |
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order suspending a license to the appropriate licensing authority |
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(Sec. 232.013, Family Code) . . . $5 for each order mailed. |
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SECTION 5. The changes in law made by this Act apply to |
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lifetime service credit accrued by eligible assistant prosecutors |
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before, on, and after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2007. |