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 |
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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 [ |
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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 [ |
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(b) To fund the system, the commissioners court shall [ |
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set a court costs fee of [ |
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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 [ |
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(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 | ||
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district. The fund may not be used for any other purpose. | ||
(e) The [ |
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funds collected under this section must [ |
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to the court of appeals for expenditure by the court of appeals [ |
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(f) The [ |
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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). [ |
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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) . . . [ |
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(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) . . . [ |
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(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) . . . [ |
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(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) . . . [ |
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(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 |