By: Hinojosa  S.B. No. 844
         (In the Senate - Filed February 23, 2007; March 7, 2007,
  read first time and referred to Committee on Jurisprudence;
  March 29, 2007, reported favorably by the following vote:  Yeas 6,
  Nays 0; March 29, 2007, sent to printer.)
 
 
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.
 
  * * * * *