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A BILL TO BE ENTITLED
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AN ACT
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relating to an additional filing fee for civil cases filed in Hays |
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County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 51, Government Code, is |
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amended by adding Section 51.707 to read as follows: |
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Sec. 51.707. ADDITIONAL FILING FEE FOR CIVIL CASES IN HAYS |
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COUNTY. (a) This section applies only to district courts, probate |
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courts, county courts at law, and justice courts in Hays County. |
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(b) Except as otherwise provided by this section and in |
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addition to all other fees authorized or required by other law, the |
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clerk of a court shall collect a filing fee of not more than $15 in |
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each civil case filed in the court to be used for the construction, |
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renovation, or improvement of the facilities that house the Hays |
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County civil courts. |
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(c) Court fees due under this section shall be collected in |
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the same manner as other fees, fines, or costs are collected in the |
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case. |
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(d) The clerk shall send the fees collected under this |
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section to the county treasurer or to any other official who |
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discharges the duties commonly assigned to the county treasurer at |
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least as frequently as monthly. The treasurer or other official |
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shall deposit the fees in a special account in the county treasury |
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dedicated to the construction, renovation, or improvement of the |
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facilities that house the courts collecting the fee. |
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(e) This section applies only to fees for a 12-month period |
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beginning July 1, if the commissioners court: |
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(1) adopts a resolution authorizing a fee of not more |
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than $15; |
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(2) adopts a resolution requiring the county to spend |
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one dollar for the construction, renovation, or improvement of the |
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court facilities for each dollar spent from the special account |
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dedicated to that purpose; and |
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(3) files the resolutions with the county treasurer or |
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with any other official who discharges the duties commonly assigned |
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to the county treasurer not later than June 1 immediately preceding |
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the first 12-month period during which the fees are to be collected. |
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(f) A resolution adopted under Subsection (e) continues |
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from year to year until July 1, 2022, allowing the county to collect |
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fees under the terms of this section until the resolution is |
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rescinded. |
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(g) The commissioners court may rescind a resolution |
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adopted under Subsection (e) by adopting a resolution rescinding |
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the resolution and submitting the rescission resolution to the |
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county treasurer or to any other official who discharges the duties |
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commonly assigned to the county treasurer not later than June 1 |
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preceding the beginning of the first day of the county fiscal year. |
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The commissioners court may adopt an additional resolution in the |
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manner provided by Subsection (e) after rescinding a previous |
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resolution under that subsection. |
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(h) A fee established under a particular resolution is |
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abolished on the earlier of: |
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(1) the date a resolution adopted under Subsection (e) |
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is rescinded as provided by Subsection (g); or |
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(2) July 1, 2022. |
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(i) The county may make the required expenditure described |
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by Subsection (e)(2) at any time, regardless of when the |
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expenditure from the special account occurs. |
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SECTION 2. Section 101.061, Government Code, is amended to |
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read as follows: |
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Sec. 101.061. DISTRICT COURT FEES AND COSTS. The clerk of a |
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district court shall collect fees and costs as follows: |
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(1) filing fee in action with respect to a fraudulent |
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court record or fraudulent lien or claim filed against property |
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(Sec. 12.005, Civil Practice and Remedies Code) . . . $15; |
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(2) fee for service of notice of action with respect to |
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a fraudulent court record or fraudulent lien or claim filed against |
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property (Sec. 12.005, Civil Practice and Remedies Code) . . . not |
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to exceed $20, if notice delivered in person, or the cost of |
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postage, if service is by registered or certified mail; |
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(3) court cost in certain civil cases to establish and |
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maintain an alternative dispute resolution system, if authorized by |
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the county commissioners court (Sec. 152.004, Civil Practice and |
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Remedies Code) . . . not to exceed $10; |
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(4) appellate judicial system filing fees for: |
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(A) First or Fourteenth Court of Appeals District |
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(Sec. 22.2021, Government Code) . . . not more than $5; |
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(B) Second Court of Appeals District (Sec. |
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22.2031, Government Code) . . . not more than $5; |
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(C) Fourth Court of Appeals District (Sec. |
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22.2051, Government Code) . . . not more than $5; |
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(D) Fifth Court of Appeals District (Sec. |
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22.2061, Government Code) . . . not more than $5; and |
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(E) Thirteenth Court of Appeals District (Sec. |
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22.2141, Government Code) . . . not more than $5; |
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(5) additional filing fees: |
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(A) for each suit filed for insurance contingency |
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fund, if authorized by the county commissioners court (Sec. 51.302, |
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Government Code) . . . not to exceed $5; |
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(B) for each civil suit filed, for court-related |
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purposes for the support of the judiciary and for civil legal |
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services to an indigent: |
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(i) for family law cases and proceedings as |
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defined by Section 25.0002, Government Code (Sec. 133.151, Local |
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Government Code) . . . $45; or |
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(ii) for any case other than a case |
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described by Subparagraph (i) (Sec. 133.151, Local Government Code) |
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. . . $50; |
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(C) to fund the improvement of Dallas County |
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civil court facilities, if authorized by the county commissioners |
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court (Sec. 51.705, Government Code) . . . not more than $15; [and] |
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(D) on the filing of any civil action or |
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proceeding requiring a filing fee, including an appeal, and on the |
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filing of any counterclaim, cross-action, intervention, |
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interpleader, or third-party action requiring a filing fee, to fund |
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civil legal services for the indigent: |
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(i) for family law cases and proceedings as |
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defined by Section 25.0002, Government Code (Sec. 133.152, Local |
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Government Code) . . . $5; or |
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(ii) for any case other than a case |
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described by Subparagraph (i) (Sec. 133.152, Local Government Code) |
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. . . $10; and |
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(E) to fund the improvement of Hays County court |
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facilities, if authorized by the county commissioners court (Sec. |
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51.707, Government Code) . . . not more than $15; |
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(6) for filing a suit, including an appeal from an |
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inferior court: |
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(A) for a suit with 10 or fewer plaintiffs (Sec. |
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51.317, Government Code) . . . $50; |
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(B) for a suit with at least 11 but not more than |
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25 plaintiffs (Sec. 51.317, Government Code) . . . $75; |
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(C) for a suit with at least 26 but not more than |
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100 plaintiffs (Sec. 51.317, Government Code) . . . $100; |
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(D) for a suit with at least 101 but not more than |
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500 plaintiffs (Sec. 51.317, Government Code) . . . $125; |
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(E) for a suit with at least 501 but not more than |
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1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or |
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(F) for a suit with more than 1,000 plaintiffs |
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(Sec. 51.317, Government Code) . . . $200; |
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(7) for filing a cross-action, counterclaim, |
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intervention, contempt action, motion for new trial, or third-party |
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petition (Sec. 51.317, Government Code) . . . $15; |
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(8) for issuing a citation or other writ or process not |
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otherwise provided for, including one copy, when requested at the |
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time a suit or action is filed (Sec. 51.317, Government Code) . . . |
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$8; |
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(9) for records management and preservation (Sec. |
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51.317, Government Code) . . . $10; |
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(10) for issuing a subpoena, including one copy (Sec. |
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51.318, Government Code) . . . $8; |
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(11) for issuing a citation, commission for |
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deposition, writ of execution, order of sale, writ of execution and |
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order of sale, writ of injunction, writ of garnishment, writ of |
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attachment, or writ of sequestration not provided for in Section |
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51.317, or any other writ or process not otherwise provided for, |
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including one copy if required by law (Sec. 51.318, Government |
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Code) . . . $8; |
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(12) for searching files or records to locate a cause |
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when the docket number is not provided (Sec. 51.318, Government |
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Code) . . . $5; |
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(13) for searching files or records to ascertain the |
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existence of an instrument or record in the district clerk's office |
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(Sec. 51.318, Government Code) . . . $5; |
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(14) for abstracting a judgment (Sec. 51.318, |
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Government Code) . . . $8; |
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(15) for approving a bond (Sec. 51.318, Government |
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Code) . . . $4; |
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(16) for a certified copy of a record, judgment, |
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order, pleading, or paper on file or of record in the district |
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clerk's office, including certificate and seal, for each page or |
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part of a page (Sec. 51.318, Government Code) . . . $1; |
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(17) for a noncertified copy, for each page or part of |
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a page (Sec. 51.318, Government Code) . . . not to exceed $1; |
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(18) jury fee (Sec. 51.604, Government Code) . . . |
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$30; |
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(19) for filing a report of divorce or annulment (Sec. |
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194.002, Health and Safety Code) . . . $1; |
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(20) for filing a suit in Comal County (Sec. 152.0522, |
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Human Resources Code) . . . $4; |
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(21) additional filing fee for family protection on |
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filing a suit for dissolution of a marriage under Chapter 6, Family |
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Code, if authorized by the county commissioners court (Sec. 51.961, |
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Government Code) . . . not to exceed $30; |
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(22) fee on filing a suit for dissolution of a marriage |
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for services of child support department in Harris County, if |
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authorized by the county commissioners court (Sec. 152.1074, Human |
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Resources Code) . . . not to exceed $12; |
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(22-a) a child support service fee in Nueces County if |
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ordered by the commissioners court and assessed by the court (Sec. |
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152.1844, Human Resources Code) . . . not to exceed $5 a month |
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payable annually in advance; |
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(22-b) a service fee to be paid by a person ordered by |
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a district court to pay child or spousal support: |
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(A) in Collin County if authorized by the |
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juvenile board (Sec. 152.0492, Human Resources Code) . . . not to |
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exceed $2.50 added to first support payment each month; |
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(B) in Johnson County if authorized by the |
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juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00 |
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added to first support payment each month; and |
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(C) in Montague County (Sec. 152.1752, Human |
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Resources Code) . . . $1 if fee is ordered to be paid monthly, 50 |
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cents if fee is ordered to be paid semimonthly or weekly; |
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(22-c) attorney's fees as an additional cost in |
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Montague County on a finding of contempt of court for failure to pay |
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child or spousal support if the contempt action is initiated by the |
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probation department (Sec. 152.1752, Human Resources Code) . . . |
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$15; |
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(23) fee on filing a suit requesting an adoption in |
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Montague County (Sec. 152.1752, Human Resources Code) . . . $25; |
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(24) court cost on citation for contempt of court for |
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failure to comply with child support order in Nueces County, if |
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authorized by the commissioners court (Sec. 152.1844, Human |
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Resources Code) . . . not to exceed $10; |
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(25) fee on filing a suit for divorce in Orange County |
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(Sec. 152.1873, Human Resources Code) . . . not less than $5; |
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(26) court costs on citation for contempt of court in |
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Orange County for failure to comply with a child support order or |
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order providing for possession of or access to a child (Sec. |
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152.1873, Human Resources Code) . . . amount determined by district |
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clerk; |
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(27) fee on filing a suit requesting an adoption in |
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Orange County (Sec. 152.1874, Human Resources Code) . . . not less |
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than $25; |
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(28) fee on filing a suit requesting an adoption in |
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Wichita County (Sec. 152.2496, Human Resources Code) . . . $100; |
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(29) additional filing fee to fund the courthouse |
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security fund, if authorized by the county commissioners court |
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(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
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(30) additional filing fee for filing documents not |
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subject to certain filing fees to fund the courthouse security |
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fund, if authorized by the county commissioners court (Sec. |
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291.008, Local Government Code) . . . $1; |
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(31) additional filing fee to fund the courthouse |
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security fund in Webb County, if authorized by the county |
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commissioners court (Sec. 291.009, Local Government Code) . . . not |
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to exceed $20; |
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(32) court cost in civil cases other than suits for |
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delinquent taxes to fund the county law library fund, if authorized |
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by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
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(33) when administering a case for the Rockwall County |
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Court at Law (Sec. 25.2012, Government Code) . . . civil fees and |
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court costs as if the case had been filed in district court; |
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(34) at a hearing held by an associate judge in Dallas |
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County, a court cost to preserve the record, in the absence of a |
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court reporter, by other means (Sec. 54.509, Government Code) . . . |
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as assessed by the referring court or associate judge; |
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(35) at a hearing held by an associate judge in Duval |
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County, a court cost to preserve the record (Sec. 54.1151, |
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Government Code, as added by Chapter 1150, Acts of the 78th |
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Legislature, Regular Session, 2003) . . . as imposed by the |
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referring court or associate judge; |
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(36) 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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(37) monthly payment for remaining court fees and |
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costs 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; |
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(38) 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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(39) fee for performing a service: |
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(A) related to the matter of the estate of a |
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deceased person (Sec. 51.319, Government Code) . . . the same fee |
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allowed the county clerk for those services; |
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(B) related to the matter of a minor (Sec. |
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51.319, Government Code) . . . the same fee allowed the county |
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clerk for the service; |
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(C) of serving process by certified or registered |
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mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or |
|
constable is authorized to charge for the service under Section |
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118.131, Local Government Code; and |
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(D) prescribed or authorized by law but for which |
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no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; |
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(40) court costs, which may include expert witness |
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fees in Travis County in an action in which the plaintiff prevails |
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against an insurer for economic damages sustained by the plaintiff |
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as a result of unfair discrimination (Sec. 544.054, Insurance Code) |
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. . . court costs and reasonable and necessary expert witness fees; |
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(41) security deposit on filing, by any person other |
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than the personal representative of an estate, an application, |
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complaint, or opposition in relation to the estate, if required by |
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the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
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proceeding; |
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(42) security deposit on filing, by any person other |
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than the guardian, attorney ad litem, or guardian ad litem, an |
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application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 622, Texas Probate Code) |
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. . . probable cost of the guardianship proceeding; and |
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(43) fee for filing an additional petition for review |
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of an appraisal review board order relating to certain regulated |
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property running through or operating in more than one county after |
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the first petition for review relating to the same property is filed |
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for a tax year (Sec. 42.221, Tax Code) . . . $5. |
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SECTION 3. Section 101.081, Government Code, is amended to |
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read as follows: |
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Sec. 101.081. STATUTORY COUNTY COURT FEES AND COSTS. The |
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clerk of a statutory county court shall collect fees and costs as |
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follows: |
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(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 |
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is made: |
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(A) in a county court at law in Hidalgo County |
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(Sec. 25.1102, Government Code) . . . $20; and |
|
(B) in a county court at law in Nolan County (Sec. |
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25.1792, Government Code) . . . $25; |
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(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; and |
|
(D) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(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 (Sec. 118.052, 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; and |
|
(D) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code). . . not more than $15; |
|
(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 (Sec. 118.052, 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 101.141, Government Code, is amended to |
|
read as follows: |
|
Sec. 101.141. JUSTICE COURT AND SMALL CLAIMS COURT FEES AND |
|
COSTS. (a) A clerk of a justice court shall collect fees and costs |
|
as follows: |
|
(1) additional court cost in certain civil cases to |
|
establish and maintain an alternative dispute resolution system, if |
|
authorized by the commissioners court of a county with a population |
|
of at least 2.5 million (Sec. 152.005, Civil Practice and Remedies |
|
Code) . . . not to exceed $3; |
|
(2) additional filing fees: |
|
(A) to fund Dallas County civil court facilities |
|
(Sec. 51.705, Government Code) . . . not more than $15; [and] |
|
(B) 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) |
|
. . . $2; and |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(3) for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $1.50; |
|
(4) fee for hearing on probable cause for removal of a |
|
vehicle and placement in a storage facility if assessed by the court |
|
(Sec. 685.008, Transportation Code) . . . $20; |
|
(5) 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; |
|
(6) 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; |
|
(7) 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; and |
|
(8) the cost of a special program that a court may |
|
order a child to attend after a finding that the child committed an |
|
offense, if ordered by the court (Art. 45.057, Code of Criminal |
|
Procedure) . . . costs of the program not to exceed $100. |
|
(b) A justice of the peace shall collect the following fees: |
|
(1) services rendered before judgment (Secs. 118.121 |
|
and 118.122, Local Government Code): |
|
(A) justice court (Sec. 118.121, Local |
|
Government Code) . . . $15; and |
|
(B) small claims court (Sec. 118.121, Local |
|
Government Code) . . . $10; |
|
(2) services rendered after judgment (Secs. 118.121 |
|
and 118.123, Local Government Code): |
|
(A) transcript (Sec. 118.121, Local Government |
|
Code) . . . $10; |
|
(B) abstract of judgment (Sec. 118.121, Local |
|
Government Code) . . . $5; |
|
(C) execution, order of sale, writ of |
|
restitution, or other writ or process (Sec. 118.121, Local |
|
Government Code) . . . $5 per page; |
|
(D) certified copy of court papers (Secs. 118.121 |
|
and 118.1235, Local Government Code) . . . $2 for first page; $0.25 |
|
for each additional page; and |
|
(E) issuing other document (no return required) |
|
(Sec. 118.121, Local Government Code) . . . $1 for first page; |
|
$0.25 for each additional page; |
|
(3) 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; |
|
(4) 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 |
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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 |
|
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 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |