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  By: Zaffirini, et al. S.B. No. 41
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consolidation and allocation of state civil court
  costs; increasing certain civil court costs; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CONSOLIDATED CIVIL FILING FEES
         SECTION 1.01.  Section 133.004, Local Government Code, is
  amended to read as follows:
         Sec. 133.004.  CIVIL FEES. This chapter applies to the
  following civil fees:
               (1)  the consolidated fee [on filing in district court]
  imposed under Section 133.151;
               (2)  [the filing fee in district court for basic civil
  legal services for indigents imposed under Section 133.152;
               [(3)  the filing fee in courts other than district
  court for basic civil legal services for indigents imposed under
  Section 133.153;
               [(4)  the filing fees for the judicial fund imposed in
  certain statutory county courts under Section 51.702, Government
  Code;
               [(5)  the filing fees for the judicial fund imposed in
  certain county courts under Section 51.703, Government Code;
               [(6)]  the filing fees for the judicial fund imposed in
  statutory probate courts under Section 51.704, Government Code;
               (3) [(7)]  fees collected under Section 118.015;
               (4) [(8)]  marriage license fees for the family trust
  fund collected under Section 118.018; and
               (5) [(9)]  marriage license or declaration of informal
  marriage fees for the child abuse and neglect prevention trust fund
  account collected under Section 118.022[; and
               [(10)  the filing fee for the judicial fund imposed in
  district court, statutory county court, and county court under
  Section 133.154].
         SECTION 1.02.  Section 133.151, Local Government Code, is
  amended to read as follows:
         Sec. 133.151.  STATE CONSOLIDATED CIVIL FEE ON FILING A
  CIVIL CASE [SUIT IN DISTRICT COURT]. (a) The [In addition to each
  fee collected under Section 51.317(b)(1), Government Code, the]
  clerk of a district court, statutory county court, or county court
  shall collect:
               (1)  a fee in the amount of $137 [the following fees] on
  the filing of any civil case; and
               (2)  a fee in the amount of $45 on any subsequent
  filing, including an appeal and any counterclaim, cross-action,
  intervention, contempt action, interpleader, motion for new trial,
  or third-party action [suit:
               [(1)  $45 for family law cases and proceedings as
  defined by Section 25.0002, Government Code; and
               [(2)  $50 for any case other than a case described by
  Subdivision (1)].
         (a-1)  The clerk of a justice court shall collect a fee in the
  amount of $21 on the filing of any civil case and on any subsequent
  filing, including an appeal and any counterclaim, cross-action,
  intervention, contempt action, interpleader, motion for new trial,
  or third-party action.
         (b)  The fees under this section [Subsection (a)] shall be
  collected and remitted to the comptroller either:
               (1)  directly for fees paid using the electronic filing
  system established under Section 72.031, Government Code; or
               (2)  in the manner provided by Subchapter B for fees
  paid to an officer of a court.
         (c)  The comptroller shall allocate the fees received under
  Subsection (a)(1) [this section] to the following accounts and
  funds so that each receives to the extent practicable, utilizing
  historical data as applicable, the same amount of money the account
  or fund would have received if the fees for the accounts and funds
  had been collected and reported separately, except that the account
  or fund may not receive less than the following percentages:
               (1)  the judicial fund to be used for court-related
  purposes for the support of the judiciary59.854 percent; [and]
               (2)  the basic civil legal services account of the
  judicial fund for use in programs approved by the supreme court that
  provide basic civil legal services to an indigent14.5985 percent;
               (3)  the statewide electronic filing system
  fund21.8978 percent; and
               (4)  the judicial and court personnel training
  fund3.6497 percent.
         (d)  The comptroller shall allocate the fees received under
  Subsection (a)(2) to the following accounts and funds so that each
  receives to the extent practicable, utilizing historical data as
  applicable, the same amount of money the account or fund would have
  received if the fees for the accounts and funds had been collected
  and reported separately, except that the account or fund may not
  receive less than the following percentages:
               (1)  the basic civil legal services account of the
  judicial fund for use in programs approved by the supreme court that
  provide basic legal services to an indigent22.2222 percent;
               (2)  the statewide electronic filing system
  fund66.6667 percent; and
               (3)  the judicial and court personnel training
  fund11.1111 percent.
         (e)  The comptroller shall allocate the fees received under
  Subsection (a-1) to the following accounts and funds so that each
  receives to the extent practicable, utilizing historical data as
  applicable, the same amount of money the account or fund would have
  received if the fees for the accounts and funds had been collected
  and reported separately, except that the account or fund may not
  receive less than the following percentages:
               (1)  the basic civil legal services account of the
  judicial fund for use in programs approved by the supreme court that
  provide basic civil legal services to an indigent28.5714 percent;
               (2)  the statewide electronic filing system
  fund47.6191 percent; and
               (3)  the judicial and court personnel training
  fund23.8095 percent.
         SECTION 1.03.  Subtitle C, Title 4, Local Government Code,
  is amended by adding Chapter 135 to read as follows:
  CHAPTER 135. CIVIL FEES PAYABLE TO LOCAL GOVERNMENT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 135.001.  PURPOSE. The purpose of this chapter is to
  consolidate and standardize collection of fees payable to a local
  government in civil cases by:
               (1)  an officer of a court for deposit in a county
  treasury; or
               (2)  an officer of a county for deposit in the county
  treasury.
         Sec. 135.002.  DEFINITIONS. In this chapter:
               (1)  "Fee" means a civil fee listed under Section
  135.003.
               (2)  "County treasurer" means the custodian of money in
  a county treasury.
         Sec. 135.003.  CIVIL FEES. This chapter applies to the civil
  fees imposed under Sections 135.101 and 135.102.
  SUBCHAPTER B. COLLECTION AND REMITTANCE OF LOCAL CIVIL FEES
         Sec. 135.051.  COLLECTION, REMITTANCE, AND DEPOSIT OF FEES.
  (a) A court clerk shall collect and remit to the county treasurer
  all fees in the manner provided by this section.
         (b)  An officer collecting a fee in a justice, county, or
  district court shall remit the money to the county treasurer for
  deposit in the county treasury.
         (c)  A court clerk collecting a fee shall remit the money to
  the county treasurer for deposit in the county treasury.
         Sec. 135.052.  ALLOCATION OF DEPOSITED FEES. (a) Money
  collected under Subchapter C as civil fees imposed on or after
  January 1, 2022, shall be allocated according to the percentages
  provided by Sections 135.101 and 135.102, as applicable.
         (b)  Money collected under Subchapter C as civil fees before
  January 1, 2022, shall be distributed utilizing historical data so
  that each account or fund receives the same amount of money the
  account or fund would have received if the fee for the accounts and
  funds had been collected and reported separately. This subsection
  expires September 1, 2025.
  SUBCHAPTER C. LOCAL CIVIL FEES
         Sec. 135.101.  LOCAL CONSOLIDATED CIVIL FEE FOR DISTRICT
  COURT, STATUTORY COUNTY COURT, OR COUNTY COURT. (a) A person shall
  pay in a district court, statutory county court, or county court in
  addition to all other fee and court costs a local consolidated
  filing fee of:
               (1)  $213 on filing any civil case; and
               (2)  $35 on any subsequent filing, including an appeal
  and any counterclaim, cross-action, intervention, contempt action,
  interpleader, motion for new trial, or third-party action.
         (b)  The treasurer shall allocate the fees received under
  Subsection (a)(1) to the following accounts and funds so that each
  receives to the extent practicable, utilizing historical data as
  applicable, the same amount of money the account or fund would have
  received if the fees for the accounts and funds had been collected
  and reported separately, except that the account or fund may not
  receive less than the following percentages:
               (1)  the appellate judicial system fund   2.3474
  percent;
               (2)  the court facility fee fund9.3897 percent;
               (3)  the clerk of the court account23.4742 percent;
               (4)  the county records management and preservation
  account14.0845 percent;
               (5)  the court reporter service fund11.7371 percent;
               (6)  the county law library fund16.4319 percent;
               (7)  the courthouse security fund9.3897 percent;
               (8)  the language access fund1.4085 percent;
               (9)  the county jury fund4.6948 percent; and
               (10)  the county dispute resolution fund7.0423
  percent.
         (c)  The treasurer shall allocate the fees received under
  Subsection (a)(2) to the following accounts and funds so that each
  receives to the extent practicable, utilizing historical data as
  applicable, the same amount of money the account or fund would have
  received if the fees for the accounts and funds had been collected
  and reported separately, except that the account or fund may not
  receive less than the following percentages:
               (1)  the clerk of the court account42.8571 percent; and
               (2)  the county records management and preservation
  account57.1429 percent.
         Sec. 135.102.  LOCAL CONSOLIDATED CIVIL FEE FOR JUSTICE
  COURT. (a) In addition to all other fee and court costs, a person
  shall pay a local consolidated filing fee of $33 on filing of any
  civil case in a justice court and on any subsequent filing,
  including an appeal and any counterclaim, cross-action,
  intervention, contempt action, interpleader, motion for new trial,
  or third-party action.
         (b)  The treasurer shall allocate the fees received under
  this section to the following accounts and funds so that each
  receives to the extent practicable, utilizing historical data as
  applicable, the same amount of money the account or fund would have
  received if the fees for the accounts and funds had been collected
  and reported separately, except that the account or fund may not
  receive less than the following percentages:
               (1)  the justice court support fund75.7576 percent;
               (2)  the county dispute resolution fund15.1515
  percent; and
               (3)  the language access fund9.0909 percent.
  SUBCHAPTER D. ALLOCATION AND USE OF CERTAIN CIVIL FEES
         Sec. 135.151.  MAINTENANCE OF FUNDS AND ACCOUNTS. (a) A
  county treasurer shall maintain in the county treasury a fund or
  account to which money is allocated under Section 135.101 or
  135.102, to the extent that the fund or account is not required by
  other law. Money in an account maintained under this section may be
  used only for the purposes provided by this subchapter.
         (b)  An account or fund maintained under this section in a
  county treasury may be administered by or at the direction of the
  county commissioners court.
         Sec. 135.152.  COURT FACILITY FEE FUND. Money allocated
  under Section 135.101 to the court facility fee fund maintained in
  the county treasury as required by Section 135.151 may be used by a
  county only to fund the construction, renovation, or improvement of
  facilities that house the courts or to pay the principal of,
  interest on, and costs of issuance of bonds, including refunding
  bonds, issued for the construction, renovation, or improvement of
  the facilities.
         Sec. 135.153.  CLERK OF THE COURT ACCOUNT. Money allocated
  under Section 135.101 to the clerk of the court account maintained
  in the county treasury as required by Section 135.151 may be used by
  a county only to defray costs of services provided by a county or
  district clerk.
         Sec. 135.154.  COUNTY RECORDS MANAGEMENT AND PRESERVATION
  ACCOUNT. Money allocated under Section 135.101 to the county
  records management and preservation account maintained in the
  county treasury as required by Section 135.151 may be used by a
  county only to fund records management and preservation services,
  including automation, performed by the court clerk on approval by
  the commissioners court of a budget as provided by Chapter 111. An
  expenditure from the fund must comply with Subchapter C, Chapter
  262.
         Sec. 135.155.  LANGUAGE ACCESS FUND. Money allocated under
  Section 135.101 or 135.102 to the language access fund maintained
  in the county treasury as required by Section 135.151 may be used by
  a county only to provide language access services for individuals
  appearing before the court or receiving court services.
         Sec. 135.156.  COUNTY JURY FUND. Money allocated under
  Section 135.101 to the county jury fund maintained in the county
  treasury as required by Section 135.151 may be used by a county only
  to fund juror reimbursements and otherwise finance jury services.
         Sec. 135.157.  COUNTY DISPUTE RESOLUTION FUND. (a) Money
  allocated under Section 135.101 or 135.102 to the county dispute
  resolution fund maintained in the county treasury as required by
  Section 135.151 may be used by a county only to establish and
  maintain an alternative dispute resolution system in accordance
  with Chapter 152, Civil Practice and Remedies Code. The fund shall
  be administered by the commissioners court and may be used by the
  county only to establish and maintain the system. The system shall
  be operated at one or more convenient and accessible places in the
  county.
         (b)  If a county has not established an alternative dispute
  resolution system under Chapter 152, Civil Practice and Remedies
  Code, the money allocated under Subsection (a) shall be remitted to
  the comptroller and the comptroller shall allocate the money to the
  statewide electronic filing system fund.
         Sec. 135.158.  JUSTICE COURT SUPPORT FUND. Money allocated
  under Section 135.102 to the justice court support fund maintained
  in the county treasury as required by Section 135.151 may be used by
  a county only to defray the costs of services provided by a justice
  court.
         SECTION 1.04.  The heading to Section 51.601, Government
  Code, is amended to read as follows:
         Sec. 51.601.  COURT REPORTER SERVICE FUND [FEE].
  ARTICLE 2. GOVERNMENT CODE
         SECTION 2.01.  Subchapter C, Chapter 22, Government Code, is
  amended by adding Section 22.229 to read as follows:
         Sec. 22.229.  APPELLATE JUDICIAL SYSTEM FUND. (a) An
  appellate judicial system fund is established for each court of
  appeals to:
               (1)  assist the court of appeals in the processing of
  appeals filed with the court of appeals from the county courts,
  statutory county courts, statutory probate courts, and district
  courts in the counties the court of appeals serves; and
               (2)  defray costs and expenses incurred in the
  operation of the court of appeals.
         (b)  To fund the appellate judicial system:
               (1)  each county treasurer shall allocate to the fund
  the portion of the local consolidated filing fee set by Section
  135.101(b)(1), Local Government Code; and
               (2)  the clerk of each statutory probate court in the
  county shall collect a $5 fee in each civil case filed in the court.
         (c)  The fee required under Subsection (b)(2) shall be taxed,
  collected, and paid as other court costs in a suit. The clerk of the
  court shall collect the fee and pay it to the county treasurer.
         (d)  The county treasurer shall monthly forward the money
  collected under this section to the clerk of the court of appeals
  serving the county for deposit in the appellate judicial system
  fund.  The court of appeals may spend money in the fund for the
  purposes described by Subsection (a).  Money in the fund may not be
  used for any other purpose.
         (e)  The chief justice of each court of appeals is
  responsible for the management of all money deposited in the
  appellate judicial system fund for the chief justice's court of
  appeals.
         SECTION 2.02.  Section 25.0172(u), Government Code, is
  amended to read as follows:
         (u)  The official court reporter of a county court at law is
  entitled to receive an annual salary set by the judge and approved
  by the commissioners court at an amount not less than $35,256.  [The
  official court reporter's fee shall be taxed as costs in civil
  actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
  13, 14, and 15 in the same manner as that fee is taxed in district
  court.  In County Court at Law No. 2, the clerk collects the
  official court reporters' fee of $3 and pays it into the county
  treasury in the same manner as district clerks are required to
  collect and pay costs.]
         SECTION 2.03.  Section 25.1102(f), Government Code, is
  amended to read as follows:
         (f)  The official court reporter of a county court at law is
  entitled to receive a salary set by the judge of the county court at
  law as provided by law for district court reporters. The salary
  shall be paid monthly by the commissioners court out of funds
  available for that purpose. [The clerk of the court shall tax as
  costs in each civil, criminal, or probate case in which a record, or
  any part of a record, is made of the evidence a stenographer's fee
  of $20.  The clerk collects the fees and pays them in to the county's
  general fund.]
         SECTION 2.04.  Section 25.1572(h), Government Code, is
  amended to read as follows:
         (h)  An official court reporter is not required to take
  testimony in a case unless the judge or a party demands that
  testimony be taken.  [In civil and probate cases in which the court
  reporter is required to take testimony, the clerk shall assess a $3
  fee as costs in the case.  The clerk shall collect the fee and
  deposit it in the county treasury.]  The court reporter shall be
  available for matters being considered in the county court if the
  parties before the court request a court reporter and the request is
  approved by the judge of a county court at law.
         SECTION 2.05.  Section 25.2702(d), Government Code, is
  amended to read as follows:
         (d)  The judge of the county court at law shall appoint an
  official court reporter. The judge may appoint a court
  administrator to aid the judge in the performance of the judge's
  duties. The official court reporter and the court administrator of
  the county court at law are entitled to receive a salary set by the
  commissioners courts in the counties the reporter or administrator
  serves to be paid out of the county treasuries, either by salary or
  by contract as set by the commissioners courts. [The clerk of the
  court shall tax as costs, in each civil and probate case in which a
  record of any part of the evidence in the case is made by the
  reporter, a stenographer's fee of $25. The fee shall be paid in the
  same manner as other costs in the case. The clerk collects the fee
  and pays it into the general funds of the counties.]
         SECTION 2.06.  Section 51.207(g), Government Code, is
  amended to read as follows:
         (g)  The [One-half of the] fees collected under this section
  shall be deposited to the credit of the judicial fund.
         SECTION 2.07.  Section 51.302(e), Government Code, is
  amended to read as follows:
         (e)  The commissioners court may establish a contingency
  fund to provide the coverage required by Subsection (c) or (d) if it
  is determined by the district clerk that insurance coverage is
  unavailable at a reasonable cost. [The commissioners court may set
  an additional filing fee in an amount not to exceed $5 for each suit
  filed to be collected by the district clerk. The fee shall be paid
  into the fund. When the contingency fund reaches an amount equal to
  that required by Subsection (c) or (d), the clerk shall stop
  collecting the additional fee.]
         SECTION 2.08.  Sections 51.318(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The [In addition to a fee under Section 51.317 the]
  district clerk shall collect at the time the service is performed or
  at the time the service is requested the fees provided by Subsection
  (b) for services performed by the clerk.
         (b)  The fees are:
               (1)  for issuing a subpoena, including one copy$8
               (2)  for issuing a citation, commission for deposition,
  writ of execution, order of sale, writ of execution and order of
  sale, writ of injunction, writ of garnishment, writ of attachment,
  or writ of sequestration [not provided for in Section 51.317], or
  any other writ or process not otherwise provided for, including one
  copy if required by law$8
               (3)  for searching files or records to locate a cause
  when the docket number is not provided or [$5
               [(4)  for searching files or records] to ascertain the
  existence of an instrument or record in the district clerk's
  office$5
               (4) [(5)]  for abstracting a judgment$8
               (5)  for preparation of the clerk's record on appeal,
  for each page or part of a page$1
               (6)  for approving a bond$5 [$4]
               (7)  for a certified copy of a record, judgment, order,
  pleading, or paper on file or of record in the district clerk's
  office, printed on paper:
                     (A)  including certificate and seal $5; and
                     (B)  [,] for each page or part of a page [not to
  exceed]$1
               (8)  for a noncertified copy:
                     (A)  printed on paper, for each page or part of a
  page [not to exceed]$1;
                     (B)  that is a paper document converted to
  electronic format, for each page or part of a page$1; or
                     (C)  that is an electronic copy of an electronic
  document:
                           (i)  for each document up to 10 pages in
  length$1; and
                           (ii)  for each page or part of a page over 10
  pages$0.10.
         SECTION 2.09.  Sections 51.851(b) and (g), Government Code,
  are amended to read as follows:
         (b)  In addition to other fees authorized or required by law,
  the clerk of the supreme court, a court of appeals, [a district
  court, a county court, a statutory county court,] or a statutory
  probate court shall collect a $30 fee on the filing of 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 be
  used as provided by Section 51.852.
         (g)  The clerk of [a district court, a county court, a
  statutory county court,] a statutory probate court[, or a justice
  court] shall deposit the fees collected under this section in the
  appropriate local treasury and remit the fees to the comptroller in
  the manner provided by Subchapter B, Chapter 133, Local Government
  Code.
         SECTION 2.10.  Section 411.0745(b), Government Code, is
  amended to read as follows:
         (b)  The petition must be accompanied by payment of a [$28
  fee to the clerk of the court in addition to any other] fee that
  generally applies to the filing of a civil case [petition].
         SECTION 2.11.  The heading to Section 411.077, Government
  Code, is amended to read as follows:
         Sec. 411.077.  [DISPOSITION OF FEE;] DEPARTMENT OF PUBLIC
  SAFETY REPORT.
  ARTICLE 3. LOCAL GOVERNMENT CODE
         SECTION 3.01.  Section 82.003(c), Local Government Code, is
  amended to read as follows:
         (c)  The commissioners court may establish a contingency
  fund to provide the coverage required by this section if it is
  determined by the county clerk that insurance coverage is
  unavailable at a reasonable cost. [The commissioners court may set
  an additional filing fee in an amount not to exceed $5 for each suit
  filed to be collected by the county clerk. The fee shall be paid
  into the fund. When the contingency fund reaches an amount equal to
  that required by this section, the clerk shall stop collecting the
  additional fee.]
         SECTION 3.02.  Section 118.052, Local Government Code, is
  amended to read as follows:
         Sec. 118.052.  FEE SCHEDULE.  Each clerk of a county court
  shall collect the following fees for services rendered to any
  person:
               (1)  CIVIL COURT ACTIONS
                     (A)  Filing of [Original Action (Sec. 118.053):
                           [(i)]  Garnishment after judgment . . .
  $15.00
                           [(ii)  All others . . . $40.00]
                     (B)  [Filing of Action Other than Original (Sec.
  118.054) . . . $30.00
                     [(C)]  Services Rendered After Judgment in
  Original Action (Sec. 118.0545):
                           (i)  Abstract of judgment . . . $ 8.00
  [5.00]
                           (ii)  Preparation of the clerk's record for
  appeal, per page or part of a page . . . $ 1.00
                           (iii)  Execution, order of sale, writ, or
  other process . . . $ 8.00 [5.00]
               (2)  PROBATE COURT ACTIONS
                     (A)  Probate Original Action (Sec. 118.055):
                           (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 . . . $40.00
                           (ii)  Community survivors . . . $40.00
                           (iii)  Small estates . . . $40.00
                           (iv)  Declarations of heirship . . . $40.00
                           (v)  Mental health or chemical dependency
  services . . . $40.00
                           (vi)  Additional, special fee (Sec. 118.064)
  . . . $ 5.00
                     (B)  Services in Pending Probate Action (Sec.
  118.056):
                           (i)  Filing an inventory and appraisement as
  provided by Section 118.056(d) . . . $25.00
                           (ii)  Approving and recording bond . . .
  5.00 [3.00]
                           (iii)  Administering oath . . . $ 2.00
                           (iv)  Filing annual or final account of
  estate . . . $25.00
                           (v)  Filing application for sale of real or
  personal property . . . $25.00
                           (vi)  Filing annual or final report of
  guardian of a person . . . $10.00
                           (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, if more than
  25 pages . . . $25.00
                     (C)  Adverse Probate Action (Sec. 118.057) . . .
  $40.00
                     (D)  Claim Against Estate (Sec. 118.058) . . .
  $10.00
                     (E)  Supplemental Court-Initiated Guardianship
  Fee in Probate Original Actions and Adverse Probate Actions (Sec.
  118.067) . . . $20.00
                     (F)  Supplemental Public Probate Administrator
  Fee For Counties That Have Appointed a Public Probate Administrator
  (Sec. 118.068) . . . $10.00
               (3)  OTHER FEES
                     (A)  Issuing Document (Sec. 118.059):
         original document and one copy . . . $ 8.00 [4.00]
         each additional set of an original and one copy . . . $ 8.00
  [4.00]
                     (B)  Certified Papers (Sec. 118.060):
         for the clerk's certificate . . . $ 5.00
         plus a fee per page or part of a page of . . . $ 1.00
                     (C)  Noncertified Papers (Sec. 118.0605):
         printed on paper, for each page or part of a page . . . $ 1.00
         paper converted to electronic format, for each page or part
  of a page . . . $ 1.00
         electronic copy of an electronic document:
                           (i)  for each document up to 10 pages in
  length . . . $ 1.00; and
                           (ii)  for each page or part of a page over 10
  pages . . . $ 0.10
                     (D)  Letters Testamentary, Letter of
  Guardianship, Letter of Administration, or Abstract of Judgment
  (Sec. 118.061) . . . $ 2.00
                     (E)  Deposit and Safekeeping of Wills (Sec.
  118.062) . . . $ 5.00
                     (F)  Mail Service of Process (Sec. 118.063) . . .
  same as sheriff
                     (G)  Searching files or records to locate a cause
  when the docket number is not provided or to ascertain the existence
  of an instrument or record in the county clerk's office [Records
  Management and Preservation Fee] . . . $ 5.00
                     (H)  Records Technology and Infrastructure Fee if
  authorized by the commissioners court of the county (Sec. 118.026)
  . . . $ 2.00
         SECTION 3.03.  Section 118.0545, Local Government Code, is
  amended by adding Subsection (b-1) and amending Subsection (e) to
  read as follows:
         (b-1)  The fee for "Preparation of the clerk's record for
  appeal" under Section 118.052(1) is for preparation of the clerk's
  record for appeal.
         (e)  In this section, "original action" includes an appeal
  from a justice of the peace or a corporation court and a transfer of
  an action from another jurisdiction [has the meaning assigned by
  Section 118.053].
         SECTION 3.04.  Section 118.055(a), Local Government Code, is
  amended to read as follows:
         (a)  The fee for "Probate Original Action" under Section
  118.052(2)(A) is for all clerical duties in connection with an
  original action in a statutory probate court.
         SECTION 3.05.  Section 118.059(c), Local Government Code, is
  amended to read as follows:
         (c)  In this section, "document" includes a subpoena,
  citation, notice, commission to take depositions, execution,
  order, writ, process, or other instrument or paper authorized or
  required to be issued by the clerk.
         SECTION 3.06.  Subchapter C, Chapter 118, Local Government
  Code, is amended by adding Section 118.070 to read as follows:
         Sec. 118.070.  FEE FOR SEARCH OF RECORDS. The clerk of a
  county court shall collect a fee for searching files or records to
  locate a cause when the docket number is not provided or to
  ascertain the existence of an instrument or record in the county
  clerk's office.
         SECTION 3.07.  Section 118.121, Local Government Code, is
  amended to read as follows:
         Sec. 118.121.  FEE SCHEDULE. A justice of the peace shall
  collect the following fees for services rendered [to any person:
               [(1)  Services rendered before judgment (Sec.
  118.122):
                     [(A)  Justice court$25.00
                     [(B)  Small claims court$25.00
               [(2)  Services rendered] after judgment (Sec.
  118.123):
               (1) [(A)]  Transcript$10.00
               (2) [(B)]  Abstract of judgment$5.00
               (3) [(C)]  Execution, order of sale, writ of
  restitution, or other writ or process$5.00 per page
                           Certified copy of court papers$2.00 for
  first page
  $0.25 for each additional page
                           Issuing other document
                           (no return required)$1.00 for
  first page
  $0.25 for each additional page
         SECTION 3.08.  Section 133.051, Local Government Code, is
  amended to read as follows:
         Sec. 133.051.  COLLECTION AND REMITTANCE OF FEES. (a)  
  Subject to Subsection (b), a [A] municipality or county shall
  collect, record, account for, and remit to the comptroller all fees
  in the manner provided by this subchapter.
         (b)  Fees paid under Section 133.151, 135.101, or 135.102
  using the electronic filing system established under Section
  72.031, Government Code, shall be remitted directly to the
  comptroller for disbursement and deposit as provided by those
  sections.
         (c)  Each day funds are remitted to the comptroller, the
  Office of Court Administration of the Texas Judicial System shall
  submit to the comptroller a report of the fees remitted as described
  by Subsection (b).
         SECTION 3.09.  Section 133.055(a), Local Government Code, is
  amended to read as follows:
         (a)  For fees paid to an officer of a court and not using the
  electronic filing system established under Section 72.031,
  Government Code, on [On] or before the last day of the month
  following each calendar quarter, the treasurer shall:
               (1)  remit to the comptroller the money from all fees
  collected during the preceding quarter, except as provided by
  Section 133.058; and
               (2)  submit to the comptroller the report required
  under Section 133.056 for criminal fees and Section 133.057 for
  civil fees.
         SECTION 3.10.  Section 133.058(d), Local Government Code, is
  amended to read as follows:
         (d)  A county may not retain a service fee on the collection
  of a fee or fine:
               (1)  for the judicial fund;
               (2)  under Article 42A.303 or 42A.653, Code of Criminal
  Procedure;
               (3)  under Section 51.851, Government Code; or
               (4)  for any state consolidated filing fee under
  Section 133.151 [51.971, Government Code].
         SECTION 3.11.  Section 203.003, Local Government Code, is
  amended to read as follows:
         Sec. 203.003.  DUTIES OF COMMISSIONERS COURT. The
  commissioners court of each county shall:
               (1)  promote and support the efficient and economical
  management of records of all elective offices in the county to
  enable elected county officers to conform to this subtitle and
  rules adopted under it;
               (2)  facilitate the creation and maintenance of records
  containing adequate and proper documentation of the organization,
  functions, policies, decisions, procedures, and essential
  transactions of each elective office and designed to furnish the
  information necessary to protect the legal and financial rights of
  the local government, the state, and the persons affected by the
  activities of the local government;
               (3)  facilitate the identification and preservation of
  the records of elective offices that are of permanent value;
               (4)  facilitate the identification and protection of
  the essential records of elective offices;
               (5)  establish a county clerk records management and
  preservation fund for fees subject to Section 118.0216 and approve
  in advance any expenditures from the fund; and
               (6)  establish a records management and preservation
  account [fund] for the records management and preservation fees
  authorized under Sections [118.052, 118.0546, and] 118.0645 and
  135.101, [and Section 51.317, Government Code,] and approve in
  advance any expenditures from the fund, which may be spent only for
  records management preservation or automation purposes in the
  county.
         SECTION 3.12.  The heading to Section 291.008, Local
  Government Code, is amended to read as follows:
         Sec. 291.008.  DOCUMENT FILING FEE [FOR SECURITY].
         SECTION 3.13.  Section 291.008(d), Local Government Code, is
  amended to read as follows:
         (d)  The [If a commissioners court sets a security fee under
  Subsection (a) of this section, the] county and district clerks
  shall collect a fee of $1 for filing any document not subject to a
  filing fee under Section 118.052(2) or 135.101 [the security fee].
  The county is not liable for the costs. The county or district
  clerk, as appropriate, shall collect this fee.
         SECTION 3.14.  Sections 323.023(a) and (b), Local Government
  Code, are amended to read as follows:
         (a)  The [A sum set by the] commissioners court [not to
  exceed $35] shall establish a county law library fund [be taxed,
  collected, and paid as other costs in each civil case filed in a
  county or district court, except suits for delinquent taxes. The
  county is not liable for the costs].
         (b)  The [clerks of the respective courts shall collect the
  costs and pay them to the county treasurer, or to any other official
  who discharges the duties commonly delegated to the county
  treasurer, for deposit in a fund to be known as the] county law
  library fund[. The fund] may be used only for:
               (1)  establishing the law library after the entry of
  the order creating it;
               (2)  purchasing or leasing library materials,
  maintaining the library, or acquiring furniture, shelving, or
  equipment for the library;
               (3)  purchasing or leasing library materials or
  acquiring library equipment, including computers, software, and
  subscriptions to obtain access to electronic research networks for
  use by judges in the county; or
               (4)  establishing and maintaining a self-help center to
  provide resources to county residents representing themselves in
  legal matters.
  ARTICLE 4.  OTHER CONFORMING AMENDMENTS
         SECTION 4.01.  Section 12.005(a), Civil Practice and
  Remedies Code, is amended to read as follows:
         (a)  The fee for filing an action under this chapter is the
  fee that generally applies to the filing of a civil case [$15.  The
  plaintiff must pay the fee to the clerk of the court in which the
  action is filed. Except as provided by Subsection (b), the
  plaintiff may not be assessed any other fee, cost, charge, or
  expense by the clerk of the court or other public official in
  connection with the action].
         SECTION 4.02.  Article 102.017(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  The courthouse security fund is a fund in the county
  treasury, and the municipal court building security fund is a fund
  in the municipal treasury. The funds consist of money allocated to
  the funds under Sections 134.101, 134.102, [and] 134.103, and
  135.101, Local Government Code.
         SECTION 4.03.  Section 54.041(a), Family Code, is amended to
  read as follows:
         (a)  When a child has been found to have engaged in
  delinquent conduct or conduct indicating a need for supervision and
  the juvenile court has made a finding that the child is in need of
  rehabilitation or that the protection of the public or the child
  requires that disposition be made, the juvenile court, on notice by
  any reasonable method to all persons affected, may:
               (1)  order any person found by the juvenile court to
  have, by a wilful act or omission, contributed to, caused, or
  encouraged the child's delinquent conduct or conduct indicating a
  need for supervision to do any act that the juvenile court
  determines to be reasonable and necessary for the welfare of the
  child or to refrain from doing any act that the juvenile court
  determines to be injurious to the welfare of the child;
               (2)  enjoin all contact between the child and a person
  who is found to be a contributing cause of the child's delinquent
  conduct or conduct indicating a need for supervision; or
               (3)  after notice and a hearing of all persons affected
  order any person living in the same household with the child to
  participate in social or psychological counseling to assist in the
  rehabilitation of the child and to strengthen the child's family
  environment[; or
               [(4)  after notice and a hearing of all persons
  affected order the child's parent or other person responsible for
  the child's support to pay all or part of the reasonable costs of
  treatment programs in which the child is required to participate
  during the period of probation if the court finds the child's parent
  or person responsible for the child's support is able to pay the
  costs].
         SECTION 4.04.  Section 61.002(a), Family Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (b), this chapter
  applies to a proceeding to enter a juvenile court order:
               (1)  for payment of probation fees under Section
  54.061;
               (2)  for restitution under Sections 54.041(b) and
  54.048;
               (3)  [for payment of graffiti eradication fees under
  Section 54.0461;
               [(4)]  for community service under Section 54.044(b);
               (4) [(5)  for payment of costs of court under Section
  54.0411 or other provisions of law;
               [(6)]  requiring the person to refrain from doing any
  act injurious to the welfare of the child under Section
  54.041(a)(1);
               (5) [(7)]  enjoining contact between the person and the
  child who is the subject of a proceeding under Section
  54.041(a)(2);
               (6) [(8)]  ordering a person living in the same
  household with the child to participate in counseling under Section
  54.041(a)(3);
               (7) [(9)]  requiring a parent or other eligible person
  to pay reasonable attorney's fees for representing the child under
  Section 51.10(e);
               (8) [(10)]  requiring the parent or other eligible
  person to reimburse the county for payments the county has made to
  an attorney appointed to represent the child under Section
  51.10(j);
               (9) [(11)]  requiring payment of deferred prosecution
  supervision fees under Section 53.03(d);
               (10) [(12)]  requiring a parent or other eligible
  person to attend a court hearing under Section 51.115;
               (11) [(13)]  requiring a parent or other eligible
  person to act or refrain from acting to aid the child in complying
  with conditions of release from detention under Section 54.01(r);
               (12) [(14)]  requiring a parent or other eligible
  person to act or refrain from acting under any law imposing an
  obligation of action or omission on a parent or other eligible
  person because of the parent's or person's relation to the child who
  is the subject of a proceeding under this title;
               [(15)  for payment of fees under Section 54.0462;] or
               (13) [(16)]  for payment of the cost of attending an
  educational program under Section 54.0404.
         SECTION 4.05.  Section 231.202, Family Code, is amended to
  read as follows:
         Sec. 231.202.  AUTHORIZED COSTS AND FEES IN TITLE IV-D
  CASES. In a Title IV-D case filed under this title, including a
  case filed under Chapter 159, the Title IV-D agency shall pay only
  the following costs and fees:
               (1)  filing fees and fees for issuance and service of
  process as provided by Chapter 110 of this code and by Sections
  [51.317(b)(1), (2), and (3) and (b-1),] 51.318(b)(2)[,] and
  51.319(2), Government Code;
               (2)  fees for transfer as provided by Chapter 110;
               (3)  fees for the issuance and delivery of orders and
  writs of income withholding in the amounts provided by Chapter 110;
               (4)  the fee for services provided by sheriffs and
  constables, including:
                     (A)  a fee authorized under Section 118.131, Local
  Government Code, for serving each item of process to each
  individual on whom service is required, including service by
  certified or registered mail; and
                     (B)  a fee authorized under Section 157.103(b) for
  serving a capias;
               (5)  the fee for filing an administrative writ of
  withholding under Section 158.503(d); and
               (6)  the fee for issuance of a subpoena as provided by
  Section 51.318(b)(1), Government Code[; and
               [(7)  a fee authorized by Section 72.031, Government
  Code, for the electronic filing of documents with a clerk].
         SECTION 4.06.  Section 40.062, Human Resources Code, is
  amended to read as follows:
         Sec. 40.062.  EXEMPTION FROM CERTAIN COSTS AND FEES.  The
  department is not required to pay any cost or fee otherwise imposed
  for court proceedings or other services, including a:
               (1)  filing fee or fee for issuance or service of
  process imposed by Section 110.002, Family Code, or by Section
  [51.317, 51.318(b)(2), or] 51.319, Government Code;
               (2)  transfer fee imposed by Section 110.002 or
  110.005, Family Code;
               (3)  [court reporter fee imposed by Section 51.601,
  Government Code;
               [(4)  judicial fund fee imposed by Section 51.702,
  Government Code;
               [(5)]  judge's fee imposed by Section 25.0008 or
  25.0029, Government Code;
               (4) [(6)]  cost or security fee imposed by Section
  53.051, 53.052, 1053.051, or 1053.052, Estates Code; or
               (5) [(7)]  fee imposed by a county officer under
  Section 118.011 or 118.052, Local Government Code.
         SECTION 4.07.  Section 161.107(b), Human Resources Code, is
  amended to read as follows:
         (b)  The department is not required to pay any cost or fee
  otherwise imposed for court proceedings or other services,
  including:
               (1)  a filing fee or fee for issuance of service of
  process imposed by Section [51.317, 51.318(b)(2), or] 51.319,
  Government Code;
               (2)  [a court reporter service fee imposed by Section
  51.601, Government Code;
               [(3)  a judicial fund fee imposed by Section 51.702,
  Government Code;
               [(4)]  a judge's fee imposed by Section 25.0008 or
  25.0029, Government Code;
               (3) [(5)]  a cost or security fee imposed by Section
  53.051, 53.052, 1053.051, or 1053.052, Estates Code; or
               (4) [(6)]  a fee imposed by a county officer under
  Section 118.011 or 118.052, Local Government Code.
         SECTION 4.08.  Section 21.013(c), Property Code, is amended
  to read as follows:
         (c)  A party initiating a condemnation proceeding in a county
  in which there is not a county court at law must file the
  condemnation petition with the district clerk. The filing fee
  shall be due at the time of filing [in accordance with Section
  51.317, Government Code].
  ARTICLE 5. REPEALERS
         SECTION 5.01.  (a) The following provisions of the Civil
  Practice and Remedies Code are repealed:
               (1)  Sections 12.005(b) and (d);
               (2)  Sections 21.051 and 126.012; and
               (3)  Sections 152.004 and 152.005.
         (b)  The following provisions of the Family Code are
  repealed:
               (1)  Sections 54.032(e), (g), and (h);
               (2)  Sections 54.0325(g) and (h);
               (3)  Section 54.0411;
               (4)  Sections 54.0461 and 54.0462;
               (5)  Section 54.047(f);
               (6)  Section 54.06(a); and
               (7)  Sections 108.006(b) and (c).
         (c)  The following provisions of the Government Code are
  repealed:
               (1)  Sections 22.2021, 22.2031, 22.2041, 22.2051,
  22.2061, 22.2071, 22.2081, 22.2091, 22.2101, 22.2121, 22.2131, and
  22.2141;
               (2)  Section 25.0862(i);
               (3)  Section 25.1862(l);
               (4)  Sections 26.007 and 26.008;
               (5)  Section 51.305;
               (6)  Section 51.317;
               (7)  Sections 51.601(a), (a-1), (b), and (e);
               (8)  Section 51.604;
               (9)  Sections 51.702 and 51.703;
               (10)  Section 51.704(i);
               (11)  Sections 51.705, 51.706, 51.707, and 51.708;
               (12)  Sections 51.709, 51.710, 51.711, and 51.713;
               (13)  Section 51.851(c);
               (14)  Subchapter M, Chapter 51;
               (15)  Subchapter N, Chapter 51;
               (16)  Section 54A.110(d); and
               (17)  Section 411.077(a).
         (d)  Subtitle I, Title 2, Government Code, is repealed as
  duplicative of the substantive provisions referenced in the
  subtitle.
         (e)  Section 194.002(e), Health and Safety Code, is
  repealed.
         (f)  The following provisions of the Human Resources Code are
  repealed:
               (1)  Section 152.0492;
               (2)  Sections 152.1074(f) and (g);
               (3)  Section 152.1322;
               (4)  Sections 152.1752(b), (c), (d), and (e);
               (5)  Section 152.1844; and
               (6)  Sections 152.1873, 152.1874, 152.2183, and
  152.2496.
         (g)  The following provisions of the Local Government Code
  are repealed:
               (1)  Sections 118.053 and 118.069;
               (2)  Sections 118.054, 118.0546, and 118.122;
               (3)  Section 133.058(c);
               (4)  Sections 133.152, 133.153, and 133.154;
               (5)  Sections 291.008(a), (b), (c), and (e); and
               (6)  Section 291.009.
         (h)  Section 2308.457, Occupations Code, is repealed.
         (i)  Section 21.047(c), Property Code, is repealed.
         (j)  Section 372.107(c), Transportation Code, is repealed.
         (k)  Article 7818, Vernon's Texas Civil Statutes, is
  repealed.
  ARTICLE 6. EFFECTIVE DATE
         SECTION 6.01.  This Act takes effect September 1, 2021.