By: Hinojosa S.B. No. 844
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to longevity pay for assistant prosecutors.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subdivision (1), Section 41.251, Government
Code, is amended to read as follows:
             (1)  "Assistant prosecutor" means an assistant
district attorney, an assistant criminal district attorney, or an
assistant county attorney [to a county attorney compensated by the
state to perform the duties of a district attorney].
       SECTION 2.  The heading to Section 41.258, Government Code,
is amended to read as follows:
       Sec. 41.258.  ASSISTANT [FELONY] PROSECUTOR SUPPLEMENT FUND
AND FAIR DEFENSE ACCOUNT.
       SECTION 3.  Subsections (a), (i), and (j), Section 41.258,
Government Code, are amended to read as follows:
       (a)  The assistant [felony] prosecutor supplement fund is
created in the state treasury.
       (i)  The comptroller shall deposit two-thirds of the funds
received under this section in the assistant [felony] prosecutor
supplement fund and one-third of the funds received under this
section to the fair defense account. A county may not reduce the
amount of funds provided for indigent defense services in the
county because of funds provided under this subsection.
       (j)  The comptroller shall pay supplements from the
assistant [felony] prosecutor supplement fund as provided by this
subchapter. At the end of each fiscal year, any unexpended balance
in the fund in excess of $1.5 million may be transferred to the
general revenue fund.
       SECTION 4.  Section 103.022, Government Code, is amended to
read as follows:
       Sec. 103.022.  MISCELLANEOUS FEES AND COSTS.  The following
fees and costs shall be paid or collected as follows:
             (1)  fee for use of an interpreter in civil cases (Sec.
21.051, Civil Practice and Remedies Code) . . . $3;
             (2)  fee for custodian of a record compelled by a court
to produce or certify the record (Sec. 22.004, Civil Practice and
Remedies Code) . . . $1;
             (3)  cost for use of certified copy of the record of
names of all trustees appointed by any state organization of a
religious congregation in this state (Sec. 126.012, Civil Practice
and Remedies Code) . . . $1.50;
             (4)  filing of a restitution lien (Art. 42.22, Code of
Criminal Procedure) . . . $5;
             (5)  issuance and service of a warrant of arrest for
certain offenses if prescribed by the municipality (Art. 45.203,
Code of Criminal Procedure) . . . not to exceed $25;
             (6)  filing a certified copy of a judicial finding of
fact and conclusion of law if charged by the secretary of state
(Sec. 51.905, Government Code) . . . $15;
             (7)  costs of determining and sending information
concerning the identity of the court with continuing, exclusive
jurisdiction if charged by the bureau of vital statistics (Sec.
108.006, Family Code) . . . reasonable fee;
             (8)  initial operations fee paid to domestic relations
office on filing of a suit affecting the parent-child relationship,
if authorized by the administering entity (Sec. 203.005, Family
Code) . . . not to exceed $15;
             (9)  initial child support service fee paid to domestic
relations office in certain counties on filing of a suit affecting
the parent-child relationship, if authorized by the administering
entity (Sec. 203.005, Family Code) . . . not to exceed $36;
             (10)  service fee for services of a domestic relations
office, if authorized by the administering entity (Sec. 203.005,
Family Code) . . . not to exceed $3 per month;
             (11)  fee from a Title IV-D agency for each item of
process to each individual on whom service is required, including
service by certified or registered mail (Sec. 231.202, Family Code)
. . . the amount that a sheriff or constable may charge for serving
process under Section 118.131, Local Government Code;
             (12)  certain transactions with respect to a suit for
spousal support or a suit affecting the parent-child relationship
in Harris County, if authorized by the county commissioners court
(Sec. 152.1074, Human Resources Code) . . . not to exceed $2 per
transaction;
             (13)  child support service fee in Smith County if
court allows assessment by child support office (Sec. 152.2183,
Human Resources Code) . . . not to exceed $2.50 a month;
             (14)  services by the offices of the sheriff and
constables (Sec. 118.131, Local Government Code). . . amount set by
county commissioners court;
             (15)  cost paid by each surety posting the bail bond for
an offense other than a misdemeanor punishable by fine only under
Chapter 17, Code of Criminal Procedure, for the assistant [felony]
prosecutor supplement fund and the fair defense account (Sec.
41.258, Government Code). . . $15, provided the cost does not
exceed $30 for all bail bonds posted at that time for an individual
and the cost is not required on the posting of a personal or cash
bond;
             (16)  appraiser's fee as court costs for determining
the fair value of ownership interests of owners who have perfected
their rights (Sec. 10.365, Business Organizations Code). . . a
reasonable fee; [and]
             (16-a)  an appraiser's fee as court costs for
determining the fair value of the shares of the shareholders
entitled to payment for their shares in a real estate investment
trust (Sec. 25.20, Art. 6138A, Vernon's Texas Civil Statutes) . . .
a reasonable fee;
             (16-b)  an appraiser's fee as court costs for
determining the fair value of the shares of the shareholders
entitled to payment for their shares by the existing, surviving, or
new corporation (Art. 5.12, Texas Business Corporation Act) . . . a
reasonable fee;
             (17)  to participate in a court proceeding in this
state, a nonresident attorney fee for civil legal services to the
indigent (Sec. 82.0361, Government Code). . . $250 except as waived
or reduced under supreme court rules for representing an indigent
person;[.]
             (18)  costs of investigation, reasonable attorney's
fees, and reasonable expert witness fees in a civil suit or a
criminal prosecution for recovery of the value of any fish,
shellfish, reptile, amphibian, bird, or animal (Sec. 12.308, Parks
and Wildlife Code) . . . actual costs;[.]
             (18-a) [(18)]  a witness's fee for one day to be paid by
the party who subpoenas the witness (Sec. 22.001, Civil Practice
and Remedies Code) . . . $10;
             (19)  on a party's appeal of a final decision in a
contested case, the cost of preparing the original or a certified
copy of the record of the agency proceeding, if required by the
agency's rule, as a court cost (Sec. 2001.177, Government Code)
. . . as assessed by the court, all or part of the cost of
preparation;
             (20)  the costs of arbitration in cases between a
juvenile board and a school district that fail to agree on a
memorandum of understanding related to the juvenile justice
alternative education program (Sec. 37.011, Education Code) . . .
each party its pro rata share of the costs;
             (21)  compensation to a referee in juvenile court in
Wichita County taxed as costs if the judge determines the parties
are able to pay the costs (Sec. 54.403, Government Code) . . . as
determined by the judge;
             (22)  the expense of preserving the record as a court
cost in Brazos County if imposed on a party by the referring court
or magistrate (Sec. 54.1111, Government Code) . . . actual cost;
             (23)  a filing fee or recording fee for each page of a
legal paper presented for filing or recording that fails to meet
certain requirements regarding paper size, weight, substance,
headings, legibility, the presence of typed or printed names under
each signature, and number and size of riders or attachments (Sec.
191.007, Local Government Code) . . . twice the regular filing fee
or recording fee provided by statute for that page, rider, or
attachment;
             (24)  a processing fee as authorized by the
commissioners court for the payment by credit card of a fee, court
cost, or other charge processed by a county or precinct officer
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
reasonably related to the expense incurred by the county or
precinct officer but not to exceed five percent of the amount of the
fee, court cost, or other charge being paid;
             (25)  a processing fee as authorized by the governing
body of the municipality for the payment by credit card of a fee,
court cost, or other charge processed by a municipal official
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
reasonably related to the expense incurred by the municipal
official but not to exceed five percent of the amount of the fee,
court cost, or other charge being paid;
             (26)  a handling fee, if authorized by the
commissioners court under Section 132.002, Local Government Code,
for electronically processing the payment of a fee, fine, court
cost, or other charge (Secs. 132.002 and 132.003, Local Government
Code):
                   (A)  charged at a flat rate that does not exceed $5
for each payment transaction; or
                   (B)  charged at a rate reasonably related to the
expense incurred in processing a payment and that does not exceed
five percent of the amount of the fee, court cost, or other charge
being paid;
             (27)  a fee, if authorized by the commissioners court,
collected by a county or precinct officer on behalf of the county
from a person making payment by credit card of a fee, court cost, or
other charge (Sec. 132.003, Local Government Code) . . . an amount
equal to the amount of any transaction fee charged to the county by
a vendor providing services in connection with payments made by
credit card;
             (28)  a fee for sale of securities under an offering
that has not been registered, if the transaction or securities are
not exempt (Art. 581-35-2, Vernon's Texas Civil Statutes) . . . as
set by the securities commissioner or court, but not to exceed six
times the amount that would have been paid if the issuer had filed
an application to register the securities and paid the fee
prescribed based on the amount of sales made in this state within
the prior three years, plus interest on that amount from the date of
the first sale made in this state until the date the fee is paid; and
             (29)  a fee for mailing an order vacating or staying an
order suspending a license to the appropriate licensing authority
(Sec. 232.013, Family Code) . . . $5 for each order mailed.
       SECTION 5.  The changes in law made by this Act apply to
lifetime service credit accrued by eligible assistant prosecutors
before, on, and after the effective date of this Act.
       SECTION 6.  This Act takes effect September 1, 2007.