Bill Text: TX HB410 | 2013-2014 | 83rd Legislature | Enrolled


Bill Title: Relating to the administration and operation of the appellate judicial system for the Second Court of Appeals District; changing an appellate judicial system court costs fee in certain counties.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB410 Detail]

Download: Texas-2013-HB410-Enrolled.html
 
 
  H.B. No. 410
 
 
 
 
AN ACT
  relating to the administration and operation of the appellate
  judicial system for the Second Court of Appeals District; changing
  an appellate judicial system court costs fee in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.2031, Government Code, is amended to
  read as follows:
         Sec. 22.2031.  APPELLATE JUDICIAL SYSTEM. (a) The
  commissioners court of each county in the Second Court of Appeals
  District by order entered in its minutes shall [may] establish an
  appellate judicial system to:
               (1)  assist the court of appeals for the county in the
  processing of appeals filed with the court of appeals from the
  county courts, statutory county courts, statutory probate courts,
  and district courts; and
               (2)  defray costs and expenses incurred in the
  operation of the court of appeals [by the county under Section
  22.203].
         (b)  To fund the system, the commissioners court shall [may]
  set a court costs fee of [not more than] $5 for each civil suit filed
  in county court, statutory county court, statutory probate court,
  or district court in the county.
         (c)  The court costs fee does not apply to a suit filed by any
  governmental entity [the county] or to a suit for delinquent taxes.
         (d)  The court costs fee shall be taxed, collected, and paid
  as other court costs in a suit. The clerk of the court shall collect
  the court costs fee set under this section and pay it to the county
  officer who performs the county treasurer's functions. That
  officer shall deposit the fee in a separate appellate judicial
  [justice] system fund for [. The commissioners court shall
  establish and maintain the fund to assist] the court of appeals
  district. The fund may not be used for any other purpose.
         (e)  The [commissioners court shall annually order the]
  funds collected under this section must [to] be forwarded monthly
  to the court of appeals for expenditure by the court of appeals [for
  its judicial system].
         (f)  The [commissioners court shall vest management of the
  system in the] chief justice of the court of appeals is responsible
  for management of the funds forwarded to the court of appeals under
  this section and has sole discretion as to the use of the funds,
  except that the funds must be used for purposes consistent with the
  purposes of the appellate judicial system as described by
  Subsection (a). [The commissioners court has the authority
  necessary to assist the court of appeals in the administration and
  management of the system and to contract with any private
  corporation, public corporation, or a combination of those
  corporations.]
         SECTION 2.  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 $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 3.  Section 101.0811, Government Code, is amended to
  read as follows:
         Sec. 101.0811.  STATUTORY COUNTY COURT FEES AND COSTS:
  GOVERNMENT CODE.  The clerk of a statutory county court shall
  collect fees and costs under the Government Code as follows:
               (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)  an official court reporter fee, County Court at
  Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
               (3)  in Brazoria County, in matters of concurrent
  jurisdiction with the district court, fees (Sec. 25.0222,
  Government Code) . . . as prescribed by law for district judges
  according to the nature of the matter;
               (4)  a court reporter fee when testimony is taken in a
  county court at law in McLennan County (Sec. 25.1572, Government
  Code) . . . $3;
               (5)  a stenographer fee, if a record or part of a record
  is made:
                     (A)  in a county court at law in Hidalgo County
  (Sec. 25.1102, Government Code) . . . $20; and
                     (B)  in a county court at law in Nolan County (Sec.
  25.1792, Government Code) . . . $25;
               (6)  jury fee (Sec. 51.604, Government Code) . . . $22;
               (7)  an additional filing fee:
                     (A)  for each civil case filed to be used for
  court-related purposes for the support of the judiciary (Sec.
  51.702, 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;
                     (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;
               (8)  the official court reporter's fee taxed as costs in
  civil actions in a statutory county court:
                     (A)  in Bexar County Courts at Law Nos. 3, 4, 5, 6,
  7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code)
  . . . taxed in the same manner as the fee is taxed in district
  court;
                     (B)  in Galveston County (Sec. 25.0862,
  Government Code) . . . taxed in the same manner as the fee is taxed
  in civil cases in the district courts; and
                     (C)  in Parker County (Sec. 25.1862, Government
  Code) . . . taxed in the same manner as the fee is taxed in civil
  cases in the district courts;
               (9)  a stenographer's fee as costs in each civil,
  criminal, and probate case in which a record is made by the official
  court reporter in a statutory county court in Nolan County (Sec.
  25.1792, Government Code) . . . $25;
               (10)  in Nueces County, in matters of concurrent
  jurisdiction with the district court, with certain exceptions, fees
  (Sec. 25.1802, Government Code) . . . equal to those in district
  court cases; and
               (11)  a fee not otherwise listed in this subchapter
  that is required to be collected under Section 25.0008, Government
  Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
  Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
  Victoria, and Williamson . . . as prescribed by law relating to
  county judges' fees.
         SECTION 4.  Section 101.1011, Government Code, is amended to
  read as follows:
         Sec. 101.1011.  STATUTORY PROBATE COURT FEES AND COSTS:
  GOVERNMENT CODE.  The clerk of a statutory probate court shall
  collect fees and costs under the Government Code as follows:
               (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)  additional filing fees as follows:
                     (A)  for certain cases to be used for
  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.
  51.707, Government Code) . . . not more than $15;
               (3)  jury fee for civil case (Sec. 51.604, Government
  Code) . . . $22;
               (4)  the expense of preserving the record as a court
  cost, if imposed on a party by the referring court or associate
  judge (Sec. 54.612, Government Code) . . . actual cost; and
               (5)  a fee not otherwise listed in this subchapter that
  is required to be collected under Section 25.0029, Government Code
  (Sec. 25.0029, Government Code) . . . as prescribed by law relating
  to county judges' fees.
         SECTION 5.  Section 101.1212, Government Code, is amended to
  read as follows:
         Sec. 101.1212.  COUNTY COURT FEES AND COSTS: GOVERNMENT
  CODE.  The clerk of a county court shall collect the following fees
  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
  apply to the imposition or change in the amount of a fee assessed
  under:
               (1)  Section 22.2031, Government Code, as amended by
  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
  suit was filed, and the former law is continued in effect for that
  purpose.
         SECTION 7.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 410 was passed by the House on April
  3, 2013, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 410 was passed by the Senate on May
  15, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
feedback