| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to increases in the records archive fees and the records |
|
|
management and preservation fees charged by district and county |
|
|
clerks. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 51.305(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) The commissioners court of a county may adopt a district |
|
|
court records archive fee of not more than $10 [$5] for the filing |
|
|
of a suit, including an appeal from an inferior court, or a |
|
|
cross-action, counterclaim, intervention, contempt action, motion |
|
|
for new trial, or third-party petition, in a district court in the |
|
|
county as part of the county's annual budget. The fee must be set |
|
|
and itemized in the county's budget as part of the budget |
|
|
preparation process and must be approved in a public meeting. The |
|
|
fee is for preservation and restoration services performed in |
|
|
connection with maintaining a district court records archive. |
|
|
SECTION 2. Section 51.317(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) The fees are: |
|
|
(1) except as provided by Subsection (b-1), for filing |
|
|
a suit, including an appeal from an inferior court, $50; |
|
|
(2) for filing a cross-action, counterclaim, |
|
|
intervention, contempt action, motion for new trial, or third-party |
|
|
petition, $15; |
|
|
(3) for issuing a citation or other writ or process not |
|
|
otherwise provided for, including one copy, when requested at the |
|
|
time a suit or action is filed, $8; |
|
|
(4) for records management and preservation, $10; and |
|
|
(5) in addition to the other fees imposed under this |
|
|
section, for filing a suit, including an appeal from an inferior |
|
|
court, or a cross-action, counterclaim, intervention, contempt |
|
|
action, motion for new trial, or third-party petition, the amount |
|
|
adopted by the county commissioners court, not to exceed $10 [$5], |
|
|
for court records archiving. |
|
|
SECTION 3. Section 101.0611, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT |
|
|
CODE. The clerk of a district court shall collect fees and costs |
|
|
under the Government Code as follows: |
|
|
(1) appellate judicial system filing fees for: |
|
|
(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) when administering a case for the Rockwall County |
|
|
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and |
|
|
court costs as if the case had been filed in district court; |
|
|
(3) additional filing fees: |
|
|
(A) for each suit filed for insurance contingency |
|
|
fund, if authorized by the county commissioners court (Sec. 51.302, |
|
|
Government Code) . . . not to exceed $5; |
|
|
(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; |
|
|
(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; and |
|
|
(D) to fund the preservation of court records |
|
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
|
(4) for filing a suit, including an appeal from an |
|
|
inferior court: |
|
|
(A) for a suit with 10 or fewer plaintiffs (Sec. |
|
|
51.317, Government Code) . . . $50; |
|
|
(B) for a suit with at least 11 but not more than |
|
|
25 plaintiffs (Sec. 51.317, Government Code) . . . $75; |
|
|
(C) for a suit with at least 26 but not more than |
|
|
100 plaintiffs (Sec. 51.317, Government Code) . . . $100; |
|
|
(D) for a suit with at least 101 but not more than |
|
|
500 plaintiffs (Sec. 51.317, Government Code) . . . $125; |
|
|
(E) for a suit with at least 501 but not more than |
|
|
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or |
|
|
(F) for a suit with more than 1,000 plaintiffs |
|
|
(Sec. 51.317, Government Code) . . . $200; |
|
|
(5) for filing a cross-action, counterclaim, |
|
|
intervention, contempt action, motion for new trial, or third-party |
|
|
petition (Sec. 51.317, Government Code) . . . $15; |
|
|
(6) for issuing a citation or other writ or process not |
|
|
otherwise provided for, including one copy, when requested at the |
|
|
time a suit or action is filed (Sec. 51.317, Government Code) . . . |
|
|
$8; |
|
|
(7) for records management and preservation (Sec. |
|
|
51.317, Government Code) . . . $10; |
|
|
(7-a) for district court records archiving, if adopted |
|
|
by the county commissioners court (Sec. 51.317(b)(5), Government |
|
|
Code) . . . not more than $10 [$5]; |
|
|
(8) for issuing a subpoena, including one copy (Sec. |
|
|
51.318, Government Code) . . . $8; |
|
|
(9) 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 (Sec. 51.318, Government Code) . . . $8; |
|
|
(10) for searching files or records to locate a cause |
|
|
when the docket number is not provided (Sec. 51.318, Government |
|
|
Code) . . . $5; |
|
|
(11) for searching files or records to ascertain the |
|
|
existence of an instrument or record in the district clerk's office |
|
|
(Sec. 51.318, Government Code) . . . $5; |
|
|
(12) for abstracting a judgment (Sec. 51.318, |
|
|
Government Code) . . . $8; |
|
|
(13) for approving a bond (Sec. 51.318, Government |
|
|
Code) . . . $4; |
|
|
(14) for a certified copy of a record, judgment, |
|
|
order, pleading, or paper on file or of record in the district |
|
|
clerk's office, including certificate and seal, for each page or |
|
|
part of a page (Sec. 51.318, Government Code) . . . not to exceed |
|
|
$1; |
|
|
(15) for a noncertified copy, for each page or part of |
|
|
a page (Sec. 51.318, Government Code) . . . not to exceed $1; |
|
|
(16) fee for performing a service: |
|
|
(A) related to the matter of the estate of a |
|
|
deceased person (Sec. 51.319, Government Code) . . . the same fee |
|
|
allowed the county clerk for those services; |
|
|
(B) related to the matter of a minor (Sec. |
|
|
51.319, Government Code) . . . the same fee allowed the county |
|
|
clerk for the service; |
|
|
(C) of serving process by certified or registered |
|
|
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or |
|
|
constable is authorized to charge for the service under Section |
|
|
118.131, Local Government Code; and |
|
|
(D) prescribed or authorized by law but for which |
|
|
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; |
|
|
(17) jury fee (Sec. 51.604, Government Code) . . . |
|
|
$30; |
|
|
(18) additional filing fee for family protection on |
|
|
filing a suit for dissolution of a marriage under Chapter 6, Family |
|
|
Code (Sec. 51.961, Government Code) . . . not to exceed $15; |
|
|
(19) at a hearing held by an associate judge in Dallas |
|
|
County, a court cost to preserve the record, in the absence of a |
|
|
court reporter, by other means (Sec. 54.509, Government Code) . . . |
|
|
as assessed by the referring court or associate judge; and |
|
|
(20) at a hearing held by an associate judge in Duval |
|
|
County, a court cost to preserve the record (Sec. 54.1151, |
|
|
Government Code) . . . as imposed by the referring court or |
|
|
associate judge. |
|
|
SECTION 4. Sections 118.011(b) and (f), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(b) The county clerk may set and collect the following fee |
|
|
from any person: |
|
|
(1) Returned Check (Sec. 118.0215) not less |
|
|
than $15 or more than $30 |
|
|
(2) Records Management and Preservation Fee (Sec. |
|
|
118.0216) not more than $10 [$5] |
|
|
(3) Mental Health Background Check for License to |
|
|
Carry a Concealed Weapon (Sec. 118.0217) not more than $2 |
|
|
(f) The county clerk of a county shall, if the commissioners |
|
|
court of the county adopts the fee as part of the county's annual |
|
|
budget, collect the following fee from any person: |
|
|
Records Archive Fee (Sec. 118.025)not more |
|
|
than $10 [$5] |
|
|
SECTION 5. The changes in law made by this Act apply only to |
|
|
a fee that becomes payable on or after the effective date of this |
|
|
Act. A fee that becomes payable before the effective date of this |
|
|
Act is governed by the law in effect when the fee became payable, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 6. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 83rd Legislature, Regular Session, 2013, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 7. This Act takes effect September 1, 2013. |