Bill Text: TX HB2182 | 2015-2016 | 84th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to the collection and refunding of certain fees and deposits by a county clerk or district clerk; increasing certain fees.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Enrolled - Dead) 2015-06-17 - Effective on 9/1/15 [HB2182 Detail]

Download: Texas-2015-HB2182-Comm_Sub.html

---

84R13379 CAE-F
By: Clardy, Kuempel, Faircloth H.B. No. 2182

A BILL TO BE ENTITLED
AN ACT
relating to the collection and refunding of certain fees and
deposits by a county clerk or district clerk; increasing certain
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 shown on the face of the receipt less the
administrative fee authorized by 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, [in the amount reflected on the face of the receipt,]
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 102.004(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A defendant convicted by a jury in a trial before a
justice or municipal court shall pay a jury fee of $3. A defendant
in a justice or municipal court who requests a trial by jury and who
withdraws the request not earlier than 24 hours before the time of
trial shall pay a jury fee of $3, if the defendant is convicted of
the offense or final disposition of the defendant's case is
deferred. A defendant convicted by a jury in a county court, a
county court at law, or a district court shall pay a jury fee of $50
[$20].
SECTION 3. (a) 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 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 [a district] court in
the county for which the district clerk accepts filings 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.
(b) Section 51.305(b), Government Code, as effective
September 1, 2019, 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 $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 [a district] court in
the county for which the district clerk accepts filings 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 4. Section 51.319, Government Code, is amended to
read as follows:
Sec. 51.319. OTHER FEES. The district clerk shall collect
the following fees for services performed by the clerk:
(1) for performing services related to the matter of
the estate of a deceased person or a minor transacted in the
district court, the same fees allowed the county clerk for those
services;
(2) for serving process by certified or registered
mail, the same fee that sheriffs and constables are authorized to
charge for the service under Section 118.131, Local Government
Code; [and]
(3) for performing any other service prescribed or
authorized by law for which no fee is set by law, a reasonable fee;
and
(4) for performing services related to a matter filed
in a statutory county court, the same fees allowed the district
clerk for those services in the district court.
SECTION 5. Section 51.604(a), Government Code, is amended
to read as follows:
(a) The district clerk shall collect a $50 [$30] jury fee
for each civil case in which a person applies for a jury trial. The
clerk of a county court or statutory county court shall collect a
$50 [$22] jury fee for each civil case in which a person applies for
a jury trial. The clerk shall note the payment of the fee on the
court's docket.
SECTION 6. 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 . . . $ 5.00
(ii) Execution, order of sale, writ, or
other process . . . $ 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 . . . $
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) . . .
$10.00 [$ 2.00]
(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 . . . $ 4.00
each additional set of an original and one copy . . . $ 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): for
each page or part of a page . . . $ 1.00
(D) Letters Testamentary, Letter of
Guardianship, Letter of Administration, or Abstract of Judgment
(Sec. 118.061) . . . $ 2.00
(E) Safekeeping of Wills (Sec. 118.062) . . . $
5.00
(F) Mail Service of Process (Sec. 118.063) . . .
same as sheriff
(G) Records Management and Preservation Fee
. . . $ 5.00
SECTION 7. 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 that date 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 September 1, 2015.