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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration and operation of the appellate |
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judicial system for the Second Court of Appeals District; changing |
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an appellate judicial system court costs fee in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.2031, Government Code, is amended to |
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read as follows: |
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Sec. 22.2031. APPELLATE JUDICIAL SYSTEM. (a) The |
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commissioners court of each county in the Second Court of Appeals |
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District by order entered in its minutes shall [may] establish an |
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appellate judicial system to: |
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(1) assist the court of appeals for the county in the |
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processing of appeals filed with the court of appeals from the |
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county courts, statutory county courts, statutory probate courts, |
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and district courts; and |
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(2) defray costs and expenses incurred in the |
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operation of the court of appeals [by the county under Section
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22.203]. |
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(b) To fund the system, the commissioners court shall [may] |
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set a court costs fee of [not more than] $5 for each civil suit filed |
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in county court, statutory county court, statutory probate court, |
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or district court in the county. |
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(c) The court costs fee does not apply to a suit filed by any |
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governmental entity [the county] or to a suit for delinquent taxes. |
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(d) The court costs fee shall be taxed, collected, and paid |
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as other court costs in a suit. The clerk of the court shall collect |
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the court costs fee set under this section and pay it to the county |
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officer who performs the county treasurer's functions. That |
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officer shall deposit the fee in a separate appellate judicial |
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[justice] system fund for [. The commissioners court shall
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establish and maintain the fund to assist] the court of appeals |
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district. The fund may not be used for any other purpose. |
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(e) The [commissioners court shall annually order the] |
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funds collected under this section must [to] be forwarded monthly |
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to the court of appeals for expenditure by the court of appeals [for
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its judicial system]. |
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(f) The [commissioners court shall vest management of the
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system in the] chief justice of the court of appeals is responsible |
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for management of the funds forwarded to the court of appeals under |
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this section and has sole discretion as to the use of the funds, |
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except that the funds must be used for purposes consistent with the |
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purposes of the appellate judicial system as described by |
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Subsection (a). [The commissioners court has the authority
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necessary to assist the court of appeals in the administration and
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management of the system and to contract with any private
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corporation, public corporation, or a combination of those
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corporations.] |
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SECTION 2. Section 101.0611, Government Code, is amended to |
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read as follows: |
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Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT |
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CODE. The clerk of a district court shall collect fees and costs |
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under the Government Code as follows: |
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(1) 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) Third Court of Appeals District (Sec. |
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22.2041, Government Code) . . . $5; |
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(D) Fourth Court of Appeals District (Sec. |
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22.2051, Government Code) . . . not more than $5; |
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(E) Fifth Court of Appeals District (Sec. |
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22.2061, Government Code) . . . not more than $5; |
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(E-1) Sixth Court of Appeals District (Sec. |
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22.2071, Government Code) . . . $5; |
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(E-2) Seventh Court of Appeals District (Sec. |
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22.2081, Government Code) . . . $5; |
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(F) Ninth Court of Appeals District (Sec. |
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22.2101, Government Code) . . . $5; |
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(G) Eleventh Court of Appeals District (Sec. |
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22.2121, Government Code) . . . $5; |
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(G-1) Twelfth Court of Appeals District (Sec. |
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22.2131, Government Code) . . . $5; and |
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(H) Thirteenth Court of Appeals District (Sec. |
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22.2141, Government Code) . . . not more than $5; |
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(2) 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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(3) 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) 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; |
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(B-1) to fund the improvement of Bexar County |
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court facilities, if authorized by the county commissioners court |
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(Sec. 51.706, Government Code) . . . not more than $15; |
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(C) 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; and |
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(D) to fund the preservation of court records |
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(Sec. 51.708, Government Code) . . . not more than $10; |
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(4) 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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(5) 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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(6) 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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(7) for records management and preservation (Sec. |
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51.317, Government Code) . . . $10; |
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(7-a) for district court records archiving, if adopted |
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by the county commissioners court (Sec. 51.317(b)(5), Government |
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Code) . . . not more than $5; |
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(8) for issuing a subpoena, including one copy (Sec. |
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51.318, Government Code) . . . $8; |
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(9) for issuing a citation, commission for deposition, |
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writ of execution, order of sale, writ of execution and order of |
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sale, writ of injunction, writ of garnishment, writ of attachment, |
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or writ of sequestration not provided for in Section 51.317, or any |
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other writ or process not otherwise provided for, including one |
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copy if required by law (Sec. 51.318, Government Code) . . . $8; |
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(10) 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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(11) 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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(12) for abstracting a judgment (Sec. 51.318, |
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Government Code) . . . $8; |
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(13) for approving a bond (Sec. 51.318, Government |
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Code) . . . $4; |
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(14) 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) . . . not to exceed |
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$1; |
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(15) 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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(16) 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 |
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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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(17) jury fee (Sec. 51.604, Government Code) . . . |
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$30; |
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(18) 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 (Sec. 51.961, Government Code) . . . not to exceed $15; |
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(19) 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; and |
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(20) 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 imposed by the referring court or |
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associate judge. |
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SECTION 3. Section 101.0811, Government Code, is amended to |
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read as follows: |
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Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS: |
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GOVERNMENT CODE. The clerk of a statutory county court shall |
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collect fees and costs under the Government Code as follows: |
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(1) appellate judicial system filing fees: |
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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) Third Court of Appeals District (Sec. |
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22.2041, Government Code) . . . $5; |
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(D) Fourth Court of Appeals District (Sec. |
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22.2051, Government Code) . . . not more than $5; |
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(E) Fifth Court of Appeals District (Sec. |
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22.2061, Government Code) . . . not more than $5; |
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(E-1) Sixth Court of Appeals District (Sec. |
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22.2071, Government Code) . . . $5; |
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(E-2) Seventh Court of Appeals District (Sec. |
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22.2081, Government Code) . . . $5; |
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(F) Ninth Court of Appeals District (Sec. |
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22.2101, Government Code) . . . $5; |
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(G) Eleventh Court of Appeals District (Sec. |
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22.2121, Government Code) . . . $5; |
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(G-1) Twelfth Court of Appeals District (Sec. |
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22.2131, Government Code) . . . $5; and |
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(H) Thirteenth Court of Appeals District (Sec. |
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22.2141, Government Code) . . . not more than $5; |
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(2) an official court reporter fee, County Court at |
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Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; |
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(3) in Brazoria County, in matters of concurrent |
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jurisdiction with the district court, fees (Sec. 25.0222, |
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Government Code) . . . as prescribed by law for district judges |
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according to the nature of the matter; |
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(4) a court reporter fee when testimony is taken in a |
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county court at law in McLennan County (Sec. 25.1572, Government |
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Code) . . . $3; |
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(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 |
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(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; |
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(7) an additional filing fee: |
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(A) for each civil case filed to be used for |
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court-related purposes for the support of the judiciary (Sec. |
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51.702, Government Code) . . . $40; |
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(B) 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; |
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(B-1) to fund the improvement of Bexar County |
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court facilities, if authorized by the county commissioners court |
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(Sec. 51.706, Government Code) . . . not more than $15; |
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(C) 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; and |
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(D) to fund the preservation of court records |
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(Sec. 51.708, Government Code) . . . not more than $10; |
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(8) the official court reporter's fee taxed as costs in |
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civil actions in a statutory county court: |
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(A) in Bexar County Courts at Law Nos. 3, 4, 5, 6, |
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7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code) |
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. . . taxed in the same manner as the fee is taxed in district |
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court; |
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(B) in Galveston County (Sec. 25.0862, |
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Government Code) . . . taxed in the same manner as the fee is taxed |
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in civil cases in the district courts; and |
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(C) in Parker County (Sec. 25.1862, Government |
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Code) . . . taxed in the same manner as the fee is taxed in civil |
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cases in the district courts; |
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(9) a stenographer's fee as costs in each civil, |
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criminal, and probate case in which a record is made by the official |
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court reporter in a statutory county court in Nolan County (Sec. |
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25.1792, Government Code) . . . $25; |
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(10) in Nueces County, in matters of concurrent |
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jurisdiction with the district court, with certain exceptions, fees |
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(Sec. 25.1802, Government Code) . . . equal to those in district |
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court cases; and |
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(11) a fee not otherwise listed in this subchapter |
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that is required to be collected under Section 25.0008, Government |
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Code, in a county other than Brazos, Cameron, Ellis, Guadalupe, |
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Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr, |
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Victoria, and Williamson . . . as prescribed by law relating to |
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county judges' fees. |
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SECTION 4. Section 101.1011, Government Code, is amended to |
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read as follows: |
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Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS: |
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GOVERNMENT CODE. The clerk of a statutory probate court shall |
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collect fees and costs under the Government Code as follows: |
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(1) appellate judicial system filing fees: |
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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; |
|
|
(B) Second Court of Appeals District (Sec. |
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22.2031, Government Code) . . . [not more than] $5; |
|
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(C) Third Court of Appeals District (Sec. |
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22.2041, Government Code) . . . $5; |
|
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(D) Fourth Court of Appeals District (Sec. |
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22.2051, Government Code) . . . not more than $5; |
|
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(E) Fifth Court of Appeals District (Sec. |
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22.2061, Government Code) . . . not more than $5; |
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(E-1) Sixth Court of Appeals District (Sec. |
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22.2071, Government Code) . . . $5; |
|
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(E-2) Seventh Court of Appeals District (Sec. |
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22.2081, Government Code) . . . $5; |
|
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(F) Ninth Court of Appeals District (Sec. |
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22.2101, Government Code) . . . $5; |
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(G) Eleventh Court of Appeals District (Sec. |
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22.2121, Government Code) . . . $5; |
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(G-1) Twelfth Court of Appeals District (Sec. |
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22.2131, Government Code) . . . $5; and |
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(H) Thirteenth Court of Appeals District (Sec. |
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22.2141, Government Code) . . . not more than $5; |
|
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(2) additional filing fees as follows: |
|
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(A) for certain cases to be used for |
|
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court-related purposes for support of the judiciary (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; |
|
|
(B-1) to fund the improvement of Bexar County |
|
|
court facilities, if authorized by the county commissioners court |
|
|
(Sec. 51.706, Government Code) . . . not more than $15; and |
|
|
(C) to fund the improvement of Hays County court |
|
|
facilities, if authorized by the county commissioners court (Sec. |
|
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51.707, Government Code) . . . not more than $15; |
|
|
(3) jury fee for civil case (Sec. 51.604, Government |
|
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Code) . . . $22; |
|
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(4) the expense of preserving the record as a court |
|
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cost, if imposed on a party by the referring court or associate |
|
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judge (Sec. 54.612, Government Code) . . . actual cost; and |
|
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(5) a fee not otherwise listed in this subchapter that |
|
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is required to be collected under Section 25.0029, Government Code |
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(Sec. 25.0029, Government Code) . . . as prescribed by law relating |
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to county judges' fees. |
|
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SECTION 5. Section 101.1212, Government Code, is amended to |
|
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read as follows: |
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Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT |
|
|
CODE. The clerk of a county court shall collect the following fees |
|
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and costs under the Government Code: |
|
|
(1) 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) Third Court of Appeals District (Sec. |
|
|
22.2041, Government Code) . . . $5; |
|
|
(D) Fourth Court of Appeals District (Sec. |
|
|
22.2051, Government Code) . . . not more than $5; |
|
|
(E) Fifth Court of Appeals District (Sec. |
|
|
22.2061, Government Code) . . . not more than $5; |
|
|
(E-1) Sixth Court of Appeals District (Sec. |
|
|
22.2071, Government Code) . . . $5; |
|
|
(E-2) Seventh Court of Appeals District (Sec. |
|
|
22.2081, Government Code) . . . $5; |
|
|
(F) Ninth Court of Appeals District (Sec. |
|
|
22.2101, Government Code) . . . $5; |
|
|
(G) Eleventh Court of Appeals District (Sec. |
|
|
22.2121, Government Code) . . . $5; |
|
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
|
22.2131, Government Code) . . . $5; and |
|
|
(H) Thirteenth Court of Appeals District (Sec. |
|
|
22.2141, Government Code) . . . not more than $5; |
|
|
(2) a jury fee (Sec. 51.604, Government Code) . . . |
|
|
$22; |
|
|
(3) a filing fee in each civil case filed to be used |
|
|
for court-related purposes for the support of the judiciary (Sec. |
|
|
51.703, Government Code) . . . $40; and |
|
|
(4) a filing fee to fund the preservation of court |
|
|
records (Sec. 51.708, Government Code) . . . not more than $10. |
|
|
SECTION 6. (a) Section 51.607, Government Code, does not |
|
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apply to the imposition or change in the amount of a fee assessed |
|
|
under: |
|
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(1) Section 22.2031, Government Code, as amended by |
|
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this Act; |
|
|
(2) Section 101.0611, Government Code, as amended by |
|
|
this Act; |
|
|
(3) Section 101.0811, Government Code, as amended by |
|
|
this Act; |
|
|
(4) Section 101.1011, Government Code, as amended by |
|
|
this Act; or |
|
|
(5) Section 101.1212, Government Code, as amended by |
|
|
this Act. |
|
|
(b) The imposition or change in the amount of a fee imposed |
|
|
under a provision listed in Subsection (a) of this section applies |
|
|
only to a civil suit filed in a county court, statutory county |
|
|
court, statutory probate court, or district court on or after the |
|
|
effective date of this Act. A civil suit filed in a county court, |
|
|
statutory county court, statutory probate court, or district court |
|
|
before that date is governed by the law in effect on the date the |
|
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suit was filed, and the former law is continued in effect for that |
|
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purpose. |
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SECTION 7. This Act takes effect September 1, 2013. |