Bill Text: TX HB1530 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the authority of a county clerk or district clerk to collect certain fees; imposing certain court fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-04-30 - Referred to Criminal Justice [HB1530 Detail]
Download: Texas-2013-HB1530-Engrossed.html
83R17766 CAE-D | ||
By: King of Hemphill | H.B. No. 1530 |
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relating to the authority of a county clerk or district clerk to | ||
collect certain fees; imposing certain court fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 17.02, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a | ||
written undertaking entered into by the defendant and the | ||
defendant's sureties for the appearance of the principal therein | ||
before a court or magistrate to answer a criminal accusation; | ||
provided, however, that the defendant on execution of the bail bond | ||
may deposit with the custodian of funds of the court in which the | ||
prosecution is pending current money of the United States in the | ||
amount of the bond in lieu of having sureties signing the same. Any | ||
cash funds deposited under this article shall be receipted for by | ||
the officer receiving the funds and, on order of the court, be | ||
refunded in the amount reflected on the face of the receipt less the | ||
administrative fee authorized under Section 117.055, Local | ||
Government Code, after the defendant complies with the conditions | ||
of the defendant's bond, to: | ||
(1) any person in the name of whom a receipt was | ||
issued, [ |
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including the defendant if a receipt was issued to the defendant; or | ||
(2) the defendant, if no other person is able to | ||
produce a receipt for the funds. | ||
SECTION 2. Article 102.006(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) In addition to any other fees required by other law and | ||
except as provided by Subsection (b), a petitioner seeking | ||
expunction of a criminal record shall pay the following fees: | ||
(1) the fee charged for filing an ex parte petition in | ||
a civil action in district court; | ||
(2) $1 plus postage for each certified mailing of | ||
notice of the hearing date; [ |
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(3) $2 plus postage for each certified mailing of | ||
certified copies of an order of expunction; | ||
(4) $4 for each facsimile or e-mail notice of a hearing | ||
date; and | ||
(5) $4 for each facsimile or e-mail of a copy of an | ||
order of expunction. | ||
SECTION 3. Article 102.017(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) A defendant convicted of a felony offense [ |
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SECTION 4. Section 51.305(b), Government Code, is amended | ||
to read as follows: | ||
(b) As part of the county's annual budget, the [ |
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commissioners court of a county may adopt a district court records | ||
archive fee of not more than $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 any [ |
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district clerk accepts filings [ |
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services performed in connection with maintaining a district court | ||
records archive. | ||
SECTION 5. Section 102.081, Government Code, is amended to | ||
read as follows: | ||
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN | ||
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county | ||
court shall collect fees and costs under the Code of Criminal | ||
Procedure on conviction of a defendant as follows: | ||
(1) a jury fee (Art. 102.004, Code of Criminal | ||
Procedure) . . . $20; | ||
(2) a fee for clerk of the court services (Art. | ||
102.005, Code of Criminal Procedure) . . . $40; | ||
(3) a records management and preservation services fee | ||
(Art. 102.005, Code of Criminal Procedure) . . . $25; | ||
(4) a county and district court technology fee (Art. | ||
102.0169, Code of Criminal Procedure) . . . $4; | ||
(5) a security fee on a misdemeanor offense (Art. | ||
102.017, Code of Criminal Procedure) . . . $3; | ||
(6) a juvenile delinquency prevention and graffiti | ||
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . | ||
$50; | ||
(7) a juvenile case manager fee (Art. 102.0174, Code | ||
of Criminal Procedure) . . . not to exceed $5 if the court employs a | ||
juvenile case manager; [ |
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(8) a civil justice fee (Art. 102.022, Code of | ||
Criminal Procedure) . . . $0.10; and | ||
(9) a security fee on a felony offense (Art. 102.017, | ||
Code of Criminal Procedure) . . . $5. | ||
SECTION 6. Section 51.607, Government Code, does not apply | ||
to the imposition of a court cost or fee under this Act. | ||
SECTION 7. The change in law made by this Act applies 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 8. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |