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AN ACT
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relating to certain fees collected by justice courts and small |
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claims courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 101.141, Government |
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Code, is amended to read as follows: |
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(b) A justice of the peace shall collect the following fees: |
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(1) services rendered before judgment (Secs. 118.121 |
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and 118.122, Local Government Code): |
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(A) justice court (Sec. 118.121, Local |
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Government Code) . . . $25 [$15]; and |
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(B) small claims court (Sec. 118.121, Local |
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Government Code) . . . $25 [$10]; |
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(2) services rendered after judgment (Secs. 118.121 |
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and 118.123, Local Government Code): |
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(A) transcript (Sec. 118.121, Local Government |
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Code) . . . $10; |
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(B) abstract of judgment (Sec. 118.121, Local |
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Government Code) . . . $5; |
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(C) execution, order of sale, writ of |
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restitution, or other writ or process (Sec. 118.121, Local |
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Government Code) . . . $5 per page; |
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(D) certified copy of court papers (Secs. 118.121 |
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and 118.1235, Local Government Code) . . . $2 for first page; $0.25 |
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for each additional page; and |
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(E) issuing other document (no return required) |
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(Sec. 118.121, Local Government Code) . . . $1 for first page; |
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$0.25 for each additional page; |
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(3) court fees and costs, if ordered by the court, for |
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a suit filed by an inmate in which an affidavit or unsworn |
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declaration of inability to pay costs is filed by the inmate (Sec. |
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14.006, Civil Practice and Remedies Code) . . . the lesser of: |
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(A) 20 percent of the preceding six months' |
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deposits to the inmate's trust account administered by the Texas |
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Department of Criminal Justice under Section 501.014, Government |
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Code; or |
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(B) the total amount of court fees and costs; |
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(4) monthly payment for remaining court fees and costs |
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after the initial payment for a suit in which an affidavit or |
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unsworn declaration of inability to pay costs is filed by the inmate |
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(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
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of: |
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(A) 10 percent of that month's deposit to the |
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inmate's trust account administered by the Texas Department of |
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Criminal Justice under Section 501.014, Government Code; or |
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(B) the total amount of court fees and costs that |
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remain unpaid; and |
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(5) the following costs not otherwise charged to the |
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inmate under Section 14.006, Civil Practice and Remedies Code, if |
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the inmate has previously filed an action dismissed as malicious or |
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frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
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(A) expenses of service of process; |
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(B) postage; and |
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(C) transportation, housing, or medical care |
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incurred in connection with the appearance of the inmate in the |
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court for any proceeding. |
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SECTION 2. Section 118.121, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.121. FEE SCHEDULE. A justice of the peace shall |
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collect the following fees for services rendered to any person: |
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(1) Services rendered before judgment (Sec. 118.122): |
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(A) Justice court$25.00 [$15.00] |
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(B) Small claims court$25.00 [$10.00] |
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(2) Services rendered after judgment (Sec. 118.123): |
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(A) Transcript$10.00 |
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(B) Abstract of judgment$5.00 |
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(C) Execution, order of sale, writ of |
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restitution, or other writ or process$5.00 per page |
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Certified copy of court papers$2.00 for |
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first page |
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$0.25 for each additional page |
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Issuing other document |
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(no return required)$1.00 for |
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first page |
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$0.25 for each additional page |
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SECTION 3. This Act applies only to a cause of action filed |
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on or after the effective date of this Act. A cause of action filed |
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before the effective date of this Act is governed by the law in |
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effect at the time the cause of action was filed, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1412 passed the Senate on |
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April 19, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1412 passed the House on |
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May 17, 2007, by the following vote: Yeas 143, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |