Bill Text: TX HB4417 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the consolidation and allocation of state civil court costs; increasing certain civil court costs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Judiciary & Civil Jurisprudence [HB4417 Detail]
Download: Texas-2021-HB4417-Introduced.html
By: Moody | H.B. No. 4417 |
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relating to the consolidation and allocation of state civil court | ||
costs; increasing certain civil court costs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 22.2021(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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county court at law, probate court, or district court in the county. | ||
SECTION 2. Section 22.2031(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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court, statutory probate court, or district court in the county. | ||
SECTION 3. Section 22.2041(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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law, probate court, or district court in the county. | ||
SECTION 4. Section 22.2051(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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county court at law, probate court, or district court in the county. | ||
SECTION 5. Section 22.2061(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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county court at law, probate court, or district court in the county. | ||
SECTION 6. Section 22.2071(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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court, probate court, or district court in the county. | ||
SECTION 7. Section 22.2081(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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court, probate court, or district court in the county. | ||
SECTION 8. Section 22.2091(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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court, statutory probate court, or district court in the county. | ||
SECTION 9. Section 22.2101(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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for each civil suit filed in county court, county court at law, | ||
probate court, or district court in the county. | ||
SECTION 10. Subchapter C, Chapter 22, Government Code, is | ||
amended by adding Section 22.2111 to read as follows: | ||
Sec. 22.2111. APPELLATE JUDICIAL SYSTEM. (a) The | ||
commissioners court of each county in the Tenth Court of Appeals | ||
District by order entered in its minutes shall 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. | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, 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 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 system fund | ||
for the court of appeals district. The fund may not be used for any | ||
other purpose. | ||
(e) The funds collected under this section must be forwarded | ||
monthly to the court of appeals for expenditure by the court of | ||
appeals. | ||
(f) 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). | ||
SECTION 11. Section 22.2121(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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court, probate court, or district court in the county. | ||
SECTION 12. Section 22.2131(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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court, probate court, or district court in the county. | ||
SECTION 13. Section 22.2141(b), Government Code, is amended | ||
to read as follows: | ||
(b) To fund the system, the commissioners court shall use | ||
the court costs fee collected as provided by Sections 133.151(a)(6) | ||
and 133.1511(a)(4), Local Government Code, [ |
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county court at law, probate court, or district court in the county. | ||
SECTION 14. Section 26.007(a), Government Code, is amended | ||
to read as follows: | ||
(a) Beginning on the first day of the state fiscal year, the | ||
state shall annually compensate each county that collects the | ||
additional fees and costs under Section 51.703 of this code or | ||
Section 133.1511(d), Local Government Code, in an amount equal to | ||
$5,000 if the county judge is entitled to an annual salary | ||
supplement from the state under Section 26.006. | ||
SECTION 15. Sections 51.702(c) and (d), Government Code, | ||
are amended to read as follows: | ||
(c) Court costs and fees due under this section or Section | ||
133.1511(c), Local Government Code, shall be collected in the same | ||
manner as other fees, fines, or costs are collected in the case. | ||
(d) The clerk shall deposit the fees and costs collected | ||
under this section or Section 133.1511(c), Local Government Code, | ||
to be sent to the comptroller as provided by Subchapter B, Chapter | ||
133, Local Government Code. The comptroller shall deposit the fees | ||
in the judicial fund. | ||
SECTION 16. Sections 51.703(c), (d), and (f), Government | ||
Code, are amended to read as follows: | ||
(c) Court costs and fees due under this section or Section | ||
133.1511(d), Local Government Code, shall be collected in the same | ||
manner as other fees, fines, or costs are collected in the case. | ||
(d) The clerk shall deposit the fees and costs collected | ||
under this section or Section 133.1511(d), Local Government Code, | ||
to be sent to the comptroller as provided by Subchapter B, Chapter | ||
133, Local Government Code. The comptroller shall deposit the fees | ||
in the judicial fund. | ||
(f) A clerk may not collect a fee under Section 133.1511(d), | ||
Local Government Code, [ |
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133.1511(c), Local Government Code [ |
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SECTION 17. Sections 51.704(b), (c), and (i), Government | ||
Code, are amended to read as follows: | ||
(b) Court fees due under Section 133.1511(e), Local | ||
Government Code, [ |
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manner as other fees, fines, or costs are collected in the case. | ||
(c) The clerk shall deposit the fees collected under Section | ||
133.1511(e), Local Government Code, [ |
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the comptroller as provided by Subchapter B, Chapter 133, Local | ||
Government Code. The comptroller shall deposit the fees in the | ||
judicial fund. | ||
(i) A clerk may not collect a fee under Section 133.1511(e), | ||
Local Government Code, [ |
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51.702 of this code or Section 133.1511(c), Local Government Code. | ||
SECTION 18. Sections 51.851(b), (c), (e), (f), (g), (i), | ||
(j), and (k), Government Code, are amended to read as follows: | ||
(b) In addition to other fees authorized or required by law, | ||
the clerk of the supreme court or[ |
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appeal[ |
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authorized by Section 133.151(a)(4) or 133.1511(a)(2), Local | ||
Government Code, by a district court, a county court, a statutory | ||
county court, or a statutory probate court on the filing of any | ||
civil action or proceeding requiring a filing fee and on the filing | ||
of any counterclaim, cross-action, intervention, interpleader, or | ||
third-party action requiring a filing fee shall be used as provided | ||
by Section 51.852. | ||
(c) A fee authorized by Section 133.1512(2), Local | ||
Government Code, [ |
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filing of any civil action or proceeding requiring a filing fee, | ||
including an appeal, and on the filing of any counterclaim, | ||
cross-action, intervention, interpleader, or third-party action | ||
requiring a filing fee shall [ |
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51.852. | ||
(e) A court may waive payment of a court cost or fee due | ||
under this section or Section 133.151(a)(4), 133.1511(a)(2), or | ||
133.1512(2), Local Government Code, for an individual the court | ||
determines is indigent. | ||
(f) Court costs and fees due under this section or Section | ||
133.151(a)(4), 133.1511(a)(2), or 133.1512(2), Local Government | ||
Code, shall be collected in the same manner as other fees, fines, or | ||
costs in the case. | ||
(g) The clerk of a district court, a county court, a | ||
statutory county court, a statutory probate court, or a justice | ||
court shall deposit the court costs and fees collected under this | ||
section or Section 133.151(a)(4), 133.1511(a)(2), or 133.1512(2), | ||
Local Government Code, in the appropriate local treasury and remit | ||
the court costs and fees to the comptroller in the manner provided | ||
by Subchapter B, Chapter 133, Local Government Code. | ||
(i) The comptroller shall deposit the court costs and fees | ||
received under this section or Section 133.151(a)(4), | ||
133.1511(a)(2), or 133.1512(2), Local Government Code, to the | ||
credit of the statewide electronic filing system fund established | ||
under Section 51.852. | ||
(j) The comptroller may audit the records of a county | ||
related to costs and fees collected under this section or Section | ||
133.151(a)(4), 133.1511(a)(2), or 133.1512(2), Local Government | ||
Code. | ||
(k) Money spent from costs and fees collected under this | ||
section or Section 133.151(a)(4), 133.1511(a)(2), or 133.1512(2), | ||
Local Government Code, is subject to audit by the state auditor. | ||
SECTION 19. Section 51.971, Government Code, is amended to | ||
read as follows: | ||
Sec. 51.971. JUDICIAL AND COURT PERSONNEL TRAINING FEE. | ||
(a) A filing fee required by Section 133.151(a)(5), | ||
133.1151(a)(3), or 133.1152(3), Local Government Code, is [ |
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(b) A court may waive payment of a fee due under Section | ||
133.151(a)(5), 133.1151(a)(3), or 133.1152(3), Local Government | ||
Code, [ |
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indigent. | ||
(c) Fees due under Section 133.151(a)(5), 133.1151(a)(3), | ||
or 133.1152(3), Local Government Code, [ |
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collected in the same manner as other fees, fines, or costs in the | ||
case. | ||
(d) The clerk of a district court, county court, statutory | ||
county court, statutory probate court, or justice court shall | ||
deposit the court costs and fees collected under Section | ||
133.151(a)(5), 133.1151(a)(3), or 133.1152(3), Local Government | ||
Code, [ |
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the court costs and fees to the comptroller in the manner provided | ||
under Subchapter B, Chapter 133, Local Government Code. | ||
(e) The comptroller shall deposit the fees received under | ||
Section 133.151(a)(5), 133.1151(a)(3), or 133.1152(3), Local | ||
Government Code, [ |
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court personnel training fund established under Section 56.001. | ||
(f) The comptroller may audit the records of a county | ||
related to costs and fees collected under Section 133.151(a)(5), | ||
133.1151(a)(3), or 133.1152(3), Local Government Code [ |
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(g) Money spent from costs and fees collected under Section | ||
133.151(a)(5), 133.1151(a)(3), or 133.1152(3), Local Government | ||
Code, [ |
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SECTION 20. Section 101.0611, Government Code, as effective | ||
September 1, 2019, 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) [ |
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County Court at Law (Sec. 25.2012, Government Code) . . . civil | ||
fees and court costs as if the case had been filed in district | ||
court; | ||
(2) [ |
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(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; | ||
(D) to fund the preservation of court records | ||
(Sec. 51.708, Government Code) . . . not more than $10; | ||
(E) to fund the construction, renovation, or | ||
improvement of Rockwall County court facilities, if authorized by | ||
the county commissioners court (Sec. 51.709, Government Code) . . . | ||
not more than $15; | ||
(F) to fund the construction, renovation, or | ||
improvement of Travis County court facilities, if authorized by the | ||
county commissioners court (Sec. 51.710, Government Code) . . . not | ||
more than $15; | ||
(G) to fund the construction, renovation, or | ||
improvement of Hidalgo County court facilities, if authorized by | ||
the county commissioners court (Sec. 51.711, Government Code) . . . | ||
not more than $20; and | ||
(H) to fund the construction, renovation, or | ||
improvement of Cameron County court facilities, if authorized by | ||
the county commissioners court (Sec. 51.711, Government Code) . . . | ||
not more than $20; | ||
(3) [ |
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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; | ||
(4) [ |
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intervention, contempt action, motion for new trial, or third-party | ||
petition (Sec. 51.317, Government Code) . . . $15; | ||
(5) [ |
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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; | ||
(6) [ |
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(Sec. 51.317, Government Code) . . . $10; | ||
(7) [ |
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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; | ||
(D) prescribed or authorized by law but for which | ||
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; | ||
and | ||
(E) related to a matter filed in a statutory | ||
county court (Sec. 51.319, Government Code) . . . the same fees | ||
allowed the district clerk for those services in the district | ||
court; | ||
(17) jury fee (Sec. 51.604, Government Code) . . . | ||
$40; | ||
(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; and | ||
(19) at a hearing held by an associate judge appointed | ||
under Subchapter B, Chapter 54A, Government Code, a court cost to | ||
preserve the record, in the absence of a court reporter, by any | ||
means approved by the associate judge (Sec. 54A.110, Government | ||
Code) . . . as assessed by the referring court or associate judge[ |
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SECTION 21. Section 101.0613, Government Code, is amended | ||
to read as follows: | ||
Sec. 101.0613. DISTRICT COURT FEES AND COSTS: HUMAN | ||
RESOURCES CODE. The clerk of a district court shall collect fees | ||
and costs under the Human Resources Code as follows: | ||
(1) [ |
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marriage for services of child support department in Harris County, | ||
if authorized by the county commissioners court (Sec. 152.1074, | ||
Human Resources Code) . . . not to exceed $12; | ||
(2) [ |
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if ordered by the commissioners court and assessed by the court | ||
(Sec. 152.1844, Human Resources Code) . . . not to exceed $5 a month | ||
payable annually in advance; | ||
(3) [ |
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by a district court to pay child or spousal support: | ||
(A) in Collin County if authorized by the | ||
juvenile board (Sec. 152.0492, Human Resources Code) . . . not to | ||
exceed $2.50 added to first support payment each month; and | ||
(B) in Johnson County if authorized by the | ||
juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00 | ||
added to first support payment each month; | ||
(4) [ |
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failure to comply with child support order in Nueces County, if | ||
authorized by the commissioners court (Sec. 152.1844, Human | ||
Resources Code) . . . not to exceed $10; | ||
(5) [ |
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County (Sec. 152.1873, Human Resources Code) . . . not less than | ||
$5; and | ||
(6) [ |
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court in Orange County for failure to comply with a child support | ||
order or order providing for possession of or access to a child | ||
(Sec. 152.1873, Human Resources Code) . . . amount determined by | ||
district clerk[ |
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SECTION 22. Section 101.0615, Government Code, is amended | ||
to read as follows: | ||
Sec. 101.0615. DISTRICT COURT FEES AND COSTS: LOCAL | ||
GOVERNMENT CODE. The clerk of a district court shall collect fees | ||
and costs under the Local Government Code as follows: | ||
(1) additional filing fees: | ||
(A) for each civil action or proceeding requiring | ||
a filing fee and on the filing of any counterclaim, cross-action, | ||
intervention, interpleader, or third-party action requiring a | ||
filing fee [ |
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[ |
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[ |
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Local Government Code) . . . $50; and | ||
(B) on the filing of any civil action or | ||
proceeding requiring a filing fee, including an appeal, and on the | ||
filing of any counterclaim, cross-action, intervention, | ||
interpleader, or third-party action requiring a filing fee, to fund | ||
civil legal services for the indigent[ |
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Local Government Code) . . . $10; | ||
(2) additional filing fee to fund the courthouse | ||
security fund, if authorized by the county commissioners court | ||
(Sec. 291.008, Local Government Code) . . . not to exceed $5; | ||
(3) additional filing fee for filing documents not | ||
subject to certain filing fees to fund the courthouse security | ||
fund, if authorized by the county commissioners court (Sec. | ||
291.008, Local Government Code) . . . $1; | ||
(4) additional filing fee to fund the courthouse | ||
security fund in Webb County, if authorized by the county | ||
commissioners court (Sec. 291.009, Local Government Code) . . . not | ||
to exceed $20; | ||
(5) court cost in civil cases other than suits for | ||
delinquent taxes to fund the county law library fund, if authorized | ||
by the county commissioners court (Sec. 323.023, Local Government | ||
Code) . . . not to exceed $35; [ |
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(6) on the filing of a civil suit, an additional filing | ||
fee to be used for court-related purposes for the support of the | ||
judiciary (Sec. 133.151(a)(3) [ |
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. . . $42; | ||
(7) statewide electronic filing system fund fee (Sec. | ||
133.151(a)(4), Local Government Code) . . . $30; | ||
(8) additional filing fee to fund judicial and court | ||
personnel training (Sec. 133.151(a)(5), Local Government Code) | ||
. . . $5; and | ||
(9) appellate judicial system filing fee for a court | ||
of appeals district (Sec. 133.151(a)(6), Local Government Code) | ||
. . . not more than $5. | ||
SECTION 23. 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) [ |
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Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; | ||
(2) [ |
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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; | ||
(3) [ |
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in a county court at law in McLennan County (Sec. 25.1572, | ||
Government Code) . . . $3; | ||
(4) [ |
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record is made: | ||
(A) in a county court at law in Hidalgo County | ||
(Sec. 25.1102, Government Code) . . . $20; and | ||
(B) in the 1st Multicounty Court at Law (Sec. | ||
25.2702, Government Code) . . . $25; | ||
(5) [ |
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. . . $40; | ||
(6) [ |
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(A) [ |
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civil court facilities, if authorized by the county commissioners | ||
court (Sec. 51.705, Government Code) . . . not more than $15; | ||
(B) [ |
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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; | ||
(D) to fund the preservation of court records | ||
(Sec. 51.708, Government Code) . . . not more than $10; | ||
(E) to fund the construction, renovation, or | ||
improvement of Rockwall County court facilities, if authorized by | ||
the county commissioners court (Sec. 51.709, Government Code) . . . | ||
not more than $15; | ||
(F) to fund the construction, renovation, or | ||
improvement of Travis County court facilities, if authorized by the | ||
county commissioners court (Sec. 51.710, Government Code) . . . not | ||
more than $15; | ||
(G) to fund the construction, renovation, or | ||
improvement of Hidalgo County court facilities, if authorized by | ||
the county commissioners court (Sec. 51.711, Government Code) . . . | ||
not more than $20; and | ||
(H) to fund the construction, renovation, or | ||
improvement of Cameron County court facilities, if authorized by | ||
the county commissioners court (Sec. 51.711, Government Code) . . . | ||
not more than $20; | ||
(7) [ |
||
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; | ||
(C) in Harris County (Sec. 25.1032, Government | ||
Code) . . . taxed in the same manner as the fee is taxed in civil | ||
cases in the district courts; and | ||
(D) 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; | ||
(8) [ |
||
jurisdiction with the district court, with certain exceptions, fees | ||
(Sec. 25.1802, Government Code) . . . equal to those in district | ||
court cases; | ||
(9) [ |
||
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; and | ||
(10) [ |
||
appointed under Subchapter B, Chapter 54A, Government Code, a court | ||
cost to preserve the record, in the absence of a court reporter, by | ||
any means approved by the associate judge (Sec. 54A.110, Government | ||
Code) . . . as assessed by the referring court or associate judge[ |
||
[ |
||
SECTION 24. Section 101.0814, Government Code, is amended | ||
to read as follows: | ||
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: LOCAL | ||
GOVERNMENT CODE. The clerk of a statutory county court shall | ||
collect fees and costs under the Local Government Code as follows: | ||
(1) additional filing fee to fund contingency fund for | ||
liability insurance, if authorized by the county commissioners | ||
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | ||
(2) civil court actions (Sec. 118.052, Local | ||
Government Code): | ||
(A) filing of original action (Secs. 118.052 and | ||
118.053, Local Government Code): | ||
(i) garnishment after judgment (Sec. | ||
118.052, Local Government Code) . . . $15; and | ||
(ii) all others (Sec. 118.052, Local | ||
Government Code) . . . $40; | ||
(B) filing of action other than original (Secs. | ||
118.052 and 118.054, Local Government Code) . . . $30; and | ||
(C) services rendered after judgment in original | ||
action (Secs. 118.052 and 118.0545, Local Government Code): | ||
(i) abstract of judgment (Sec. 118.052, | ||
Local Government Code) . . . $5; and | ||
(ii) execution, order of sale, writ, or | ||
other process (Sec. 118.052, Local Government Code) . . . $5; | ||
(3) probate court actions (Sec. 118.052, Local | ||
Government Code): | ||
(A) probate original action (Secs. 118.052 and | ||
118.055, Local Government Code): | ||
(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 (Sec. 118.052, Local Government Code) . . . $40; | ||
(ii) community survivors (Sec. 118.052, | ||
Local Government Code) . . . $40; | ||
(iii) small estates (Sec. 118.052, Local | ||
Government Code) . . . $40; | ||
(iv) declarations of heirship (Sec. | ||
118.052, Local Government Code) . . . $40; | ||
(v) mental health or chemical dependency | ||
services (Sec. 118.052, Local Government Code) . . . $40; and | ||
(vi) additional, special fee (Secs. 118.052 | ||
and 118.064, Local Government Code) . . . $5; | ||
(B) services in pending probate action (Secs. | ||
118.052 and 118.056, Local Government Code): | ||
(i) filing an inventory and appraisement | ||
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | ||
(ii) approving and recording bond (Sec. | ||
118.052, Local Government Code) . . . $3; | ||
(iii) administering oath (Sec. 118.052, | ||
Local Government Code) . . . $2; | ||
(iv) filing annual or final account of | ||
estate (Sec. 118.052, Local Government Code) . . . $25; | ||
(v) filing application for sale of real or | ||
personal property (Sec. 118.052, Local Government Code) . . . $25; | ||
(vi) filing annual or final report of | ||
guardian of a person (Sec. 118.052, Local Government Code) . . . | ||
$10; and | ||
(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 (Secs. 118.052 | ||
and 191.007, Local Government Code), if more than 25 pages . . . | ||
$25; | ||
(C) adverse probate action (Secs. 118.052 and | ||
118.057, Local Government Code) . . . $40; | ||
(D) claim against estate (Secs. 118.052 and | ||
118.058, Local Government Code) . . . $10; | ||
(E) supplemental court-initiated guardianship | ||
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; | ||
and | ||
(F) supplemental public probate administrator | ||
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | ||
(4) other fees (Sec. 118.052, Local Government Code): | ||
(A) issuing document (Secs. 118.052 and 118.059, | ||
Local Government Code): | ||
(i) original document and one copy (Sec. | ||
118.052, Local Government Code) . . . $4; and | ||
(ii) each additional set of an original and | ||
one copy (Sec. 118.052, Local Government Code) . . . $4; | ||
(B) certified papers (Secs. 118.052 and 118.060, | ||
Local Government Code): | ||
(i) for the clerk's certificate (Sec. | ||
118.052, Local Government Code) . . . $5; and | ||
(ii) a fee per page or part of a page (Sec. | ||
118.052, Local Government Code) . . . $1; | ||
(C) noncertified papers, for each page or part of | ||
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . | ||
$1; | ||
(D) letters testamentary, letter of | ||
guardianship, letter of administration, or abstract of judgment | ||
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; | ||
(E) safekeeping of wills (Secs. 118.052 and | ||
118.062, Local Government Code) . . . $5; | ||
(F) mail service of process (Secs. 118.052 and | ||
118.063, Local Government Code) . . . same as sheriff; and | ||
(G) records management and preservation fee | ||
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) | ||
. . . $5; | ||
(5) additional filing fee for filing any civil action | ||
or proceeding requiring a filing fee, including an appeal, and on | ||
the filing of any counterclaim, cross-action, intervention, | ||
interpleader, or third-party action requiring a filing fee, to fund | ||
civil legal services for the indigent (Sec. 133.1511(a)(1) | ||
[ |
||
(6) on the filing of a civil suit, an additional filing | ||
fee to be used for court-related purposes for the support of the | ||
judiciary (Sec. 133.1511(b) [ |
||
. . . $42; | ||
(7) additional filing fee to fund the courthouse | ||
security fund, if authorized by the county commissioners court | ||
(Sec. 291.008, Local Government Code) . . . not to exceed $5; | ||
(8) additional filing fee for filing documents not | ||
subject to certain filing fees to fund the courthouse security | ||
fund, if authorized by the county commissioners court (Sec. | ||
291.008, Local Government Code) . . . $1; | ||
(9) additional filing fee to fund the courthouse | ||
security fund in Webb County, if authorized by the county | ||
commissioners court (Sec. 291.009, Local Government Code) . . . not | ||
to exceed $20; [ |
||
(10) court cost in civil cases other than suits for | ||
delinquent taxes to fund the county law library fund, if authorized | ||
by the county commissioners court (Sec. 323.023, Local Government | ||
Code) . . . not to exceed $35; | ||
(11) statewide electronic filing system fund fee (Sec. | ||
133.1511(a)(2), Local Government Code) . . . $30; | ||
(12) additional filing fee to fund judicial and court | ||
personnel training (Sec. 133.1511(a)(3), Local Government Code) | ||
. . . $5; | ||
(13) appellate judicial system filing fee for a court | ||
of appeals district (Sec. 133.1511(a)(4), Local Government Code) | ||
. . . not more than $5; and | ||
(14) an additional filing fee for each civil case | ||
filed to be used for court-related purposes for the support of the | ||
judiciary (Sec. 133.1511(c), Local Government Code) . . . $40. | ||
SECTION 25. 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) [ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
(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; | ||
(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; | ||
(D) to fund the construction, renovation, or | ||
improvement of Rockwall County court facilities, if authorized by | ||
the county commissioners court (Sec. 51.709, Government Code) . . . | ||
not more than $15; | ||
(E) to fund the construction, renovation, or | ||
improvement of Travis County court facilities, if authorized by the | ||
county commissioners court (Sec. 51.710, Government Code) . . . not | ||
more than $15; and | ||
(F) to fund the construction, renovation, or | ||
improvement of Hidalgo County court facilities, if authorized by | ||
the county commissioners court (Sec. 51.711, Government Code) . . . | ||
not more than $20; | ||
(2) [ |
||
Government Code) . . . $40; | ||
(3) [ |
||
court cost, if imposed on a party by the referring court or | ||
associate judge (Sec. 54A.211, Government Code) . . . actual cost; | ||
and | ||
(4) [ |
||
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 26. Section 101.1013, Government Code, is amended | ||
to read as follows: | ||
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS: | ||
LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall | ||
collect fees and costs under the Local Government Code as follows: | ||
(1) additional filing fee for filing any civil action | ||
or proceeding requiring a filing fee, including an appeal, and on | ||
the filing of any counterclaim, cross-action, intervention, | ||
interpleader, or third-party action requiring a filing fee to fund | ||
civil legal services for the indigent (Sec. 133.1511(a)(1) | ||
[ |
||
(2) additional filing fee to fund contingency fund for | ||
liability insurance, if authorized by the county commissioners | ||
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | ||
(3) probate court actions (Sec. 118.052, Local | ||
Government Code): | ||
(A) probate original action (Secs. 118.052 and | ||
118.055, Local Government Code): | ||
(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 (Sec. 118.052, Local Government Code) . . . $40; | ||
(ii) community survivors (Sec. 118.052, | ||
Local Government Code) . . . $40; | ||
(iii) small estates (Sec. 118.052, Local | ||
Government Code) . . . $40; | ||
(iv) declarations of heirship (Sec. | ||
118.052, Local Government Code) . . . $40; | ||
(v) mental health or chemical dependency | ||
services (Sec. 118.052, Local Government Code) . . . $40; and | ||
(vi) additional, special fee (Secs. 118.052 | ||
and 118.064, Local Government Code) . . . $5; | ||
(B) services in pending probate action (Secs. | ||
118.052 and 118.056, Local Government Code): | ||
(i) filing an inventory and appraisement | ||
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | ||
(ii) approving and recording bond (Sec. | ||
118.052, Local Government Code) . . . $3; | ||
(iii) administering oath (Sec. 118.052, | ||
Local Government Code) . . . $2; | ||
(iv) filing annual or final account of | ||
estate (Sec. 118.052, Local Government Code). . . $25; | ||
(v) filing application for sale of real or | ||
personal property (Sec. 118.052, Local Government Code) . . . $25; | ||
(vi) filing annual or final report of | ||
guardian of a person (Sec. 118.052, Local Government Code) . . . | ||
$10; and | ||
(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 (Secs. 118.052 | ||
and 191.007, Local Government Code), if more than 25 pages . . . | ||
$25; | ||
(C) adverse probate action (Secs. 118.052 and | ||
118.057, Local Government Code) . . . $40; | ||
(D) claim against estate (Secs. 118.052 and | ||
118.058, Local Government Code) . . . $10; | ||
(E) supplemental court-initiated guardianship | ||
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; | ||
and | ||
(F) supplemental public probate administrator | ||
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | ||
(4) other fees (Sec. 118.052, Local Government Code): | ||
(A) issuing document (Secs. 118.052 and 118.059, | ||
Local Government Code): | ||
(i) original document and one copy (Sec. | ||
118.052, Local Government Code) . . . $4; and | ||
(ii) each additional set of an original and | ||
one copy (Sec. 118.052, Local Government Code) . . . $4; | ||
(B) certified papers (Secs. 118.052 and 118.060, | ||
Local Government Code): | ||
(i) for the clerk's certificate (Sec. | ||
118.052, Local Government Code) . . . $5; and | ||
(ii) a fee per page or part of a page (Sec. | ||
118.052, Local Government Code) . . . $1; | ||
(C) noncertified papers, for each page or part of | ||
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . | ||
$1; | ||
(D) letters testamentary, letter of | ||
guardianship, letter of administration, or abstract of judgment | ||
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; | ||
(E) safekeeping of wills (Secs. 118.052 and | ||
118.062, Local Government Code) . . . $5; | ||
(F) mail service of process (Secs. 118.052 and | ||
118.063, Local Government Code) . . . same as sheriff; and | ||
(G) records management and preservation fee | ||
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; [ |
||
(5) court cost in civil cases other than suits for | ||
delinquent taxes to fund the county law library fund, if authorized | ||
by the county commissioners court (Sec. 323.023, Local Government | ||
Code) . . . not to exceed $35; | ||
(6) statewide electronic filing system fund fee (Sec. | ||
133.1511(a)(2), Local Government Code) . . . $30; | ||
(7) additional filing fee to fund judicial and court | ||
personnel training (Sec. 133.1511(a)(3), Local Government Code) | ||
. . . $5; and | ||
(8) appellate judicial system filing fee for a court | ||
of appeals district (Sec. 133.1511(a)(4), Local Government Code) | ||
. . . not more than $5. | ||
SECTION 27. 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) [ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
$40; and | ||
(2) [ |
||
[ |
||
records (Sec. 51.708, Government Code) . . . not more than $10[ |
||
[ |
||
SECTION 28. Section 101.1214, Government Code, is amended | ||
to read as follows: | ||
Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL | ||
GOVERNMENT CODE. The clerk of a county court shall collect the | ||
following fees and costs under the Local Government Code: | ||
(1) additional filing fee to fund contingency fund for | ||
liability insurance, if authorized by the county commissioners | ||
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | ||
(2) civil court actions (Sec. 118.052, Local | ||
Government Code): | ||
(A) filing of original action (Secs. 118.052 and | ||
118.053, Local Government Code): | ||
(i) garnishment after judgment (Sec. | ||
118.052, Local Government Code) . . . $15; and | ||
(ii) all others (Sec. 118.052, Local | ||
Government Code) . . . $40; | ||
(B) filing of action other than original (Secs. | ||
118.052 and 118.054, Local Government Code) . . . $30; and | ||
(C) services rendered after judgment in original | ||
action (Secs. 118.052 and 118.0545, Local Government Code): | ||
(i) abstract of judgment (Sec. 118.052, | ||
Local Government Code) . . . $5; and | ||
(ii) execution, order of sale, writ, or | ||
other process (Sec. 118.052, Local Government Code) . . . $5; | ||
(3) probate court actions (Sec. 118.052, Local | ||
Government Code): | ||
(A) probate original action (Secs. 118.052 and | ||
118.055, Local Government Code): | ||
(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 (Sec. 118.052, Local Government Code) . . . $40; | ||
(ii) community survivors (Sec. 118.052, | ||
Local Government Code) . . . $40; | ||
(iii) small estates (Sec. 118.052, Local | ||
Government Code) . . . $40; | ||
(iv) declarations of heirship (Sec. | ||
118.052, Local Government Code) . . . $40; | ||
(v) mental health or chemical dependency | ||
services (Sec. 118.052, Local Government Code) . . . $40; and | ||
(vi) additional, special fee (Secs. 118.052 | ||
and 118.064, Local Government Code) . . . $5; | ||
(B) services in pending probate action (Secs. | ||
118.052 and 118.056, Local Government Code): | ||
(i) filing an inventory and appraisement | ||
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | ||
(ii) approving and recording bond (Sec. | ||
118.052, Local Government Code) . . . $3; | ||
(iii) administering oath (Sec. 118.052, | ||
Local Government Code) . . . $2; | ||
(iv) filing annual or final account of | ||
estate (Sec. 118.052, Local Government Code) . . . $25; | ||
(v) filing application for sale of real or | ||
personal property (Sec. 118.052, Local Government Code) . . . $25; | ||
(vi) filing annual or final report of | ||
guardian of a person (Sec. 118.052, Local Government Code) . . . | ||
$10; and | ||
(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 (Secs. 118.052 | ||
and 191.007, Local Government Code), if more than 25 pages . . . | ||
$25; | ||
(C) adverse probate action (Secs. 118.052 and | ||
118.057, Local Government Code) . . . $40; | ||
(D) claim against estate (Secs. 118.052 and | ||
118.058, Local Government Code) . . . $10; | ||
(E) supplemental court-initiated guardianship | ||
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; | ||
and | ||
(F) supplemental public probate administrator | ||
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | ||
(4) other fees (Sec. 118.052, Local Government Code): | ||
(A) issuing document (Secs. 118.052 and 118.059, | ||
Local Government Code): | ||
(i) original document and one copy (Sec. | ||
118.052, Local Government Code) . . . $4; and | ||
(ii) each additional set of an original and | ||
one copy (Sec. 118.052, Local Government Code) . . . $4; | ||
(B) certified papers (Secs. 118.052 and 118.060, | ||
Local Government Code): | ||
(i) for the clerk's certificate (Sec. | ||
118.052, Local Government Code) . . . $5; and | ||
(ii) a fee per page or part of a page (Sec. | ||
118.052, Local Government Code) . . . $1; | ||
(C) noncertified papers, for each page or part of | ||
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . | ||
$1; | ||
(D) letters testamentary, letter of | ||
guardianship, letter of administration, or abstract of judgment | ||
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; | ||
(E) safekeeping of wills (Secs. 118.052 and | ||
118.062, Local Government Code) . . . $5; | ||
(F) mail service of process (Secs. 118.052 and | ||
118.063, Local Government Code) . . . same as sheriff; and | ||
(G) records management and preservation fee | ||
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) | ||
. . . $5; | ||
(5) deposit on filing petition requesting permission | ||
to create a municipal civic center authority (Sec. 281.013, Local | ||
Government Code) . . . $200; | ||
(6) additional filing fee to fund the courthouse | ||
security fund, if authorized by the county commissioners court | ||
(Sec. 291.008, Local Government Code) . . . not to exceed $5; | ||
(7) additional filing fee for filing documents not | ||
subject to certain filing fees to fund the courthouse security | ||
fund, if authorized by the county commissioners court (Sec. | ||
291.008, Local Government Code) . . . $1; | ||
(8) additional filing fee to fund the courthouse | ||
security fund in Webb County, if authorized by the county | ||
commissioners court (Sec. 291.009, Local Government Code) . . . not | ||
to exceed $20; | ||
(9) court cost in civil cases other than suits for | ||
delinquent taxes to fund the county law library fund, if authorized | ||
by the county commissioners court (Sec. 323.023, Local Government | ||
Code) . . . not to exceed $35; | ||
(10) additional filing fee for filing any civil action | ||
or proceeding requiring a filing fee, including an appeal, and on | ||
the filing of any counterclaim, cross-action, intervention, | ||
interpleader, or third-party action requiring a filing fee, to fund | ||
civil legal services for the indigent (Sec. 133.1511(a)(1) | ||
[ |
||
(11) on the filing of a civil suit an additional filing | ||
fee to be used for court-related purposes for the support of the | ||
judiciary (Sec. 133.1511(b) [ |
||
. . . $42; | ||
(12) statewide electronic filing system fund fee (Sec. | ||
133.1511(a)(2), Local Government Code) . . . $30; | ||
(13) additional filing fee to fund judicial and court | ||
personnel training (Sec. 133.1511(a)(3), Local Government Code) | ||
. . . $5; | ||
(14) appellate judicial system filing fee for a court | ||
of appeals district (Sec. 133.1511(a)(4), Local Government Code) | ||
. . . not more than $5; and | ||
(15) a filing fee in each civil case filed to be used | ||
for court-related purposes for the support of the judiciary (Sec. | ||
133.1511(d), Government Code) . . . $40. | ||
SECTION 29. Section 101.141(b), Government Code, is amended | ||
to read as follows: | ||
(b) A clerk of a justice court shall collect fees and costs | ||
under other laws as follows: | ||
(1) the cost of a special program that a court may | ||
order a child to attend after a finding that the child committed an | ||
offense, if ordered by the court (Art. 45.057, Code of Criminal | ||
Procedure) . . . costs of the program not to exceed $100; | ||
(2) additional filing fees: | ||
(A) to fund Dallas County civil court facilities | ||
(Sec. 51.705, Government Code) . . . not more than $15; | ||
(B) for filing any civil action or proceeding | ||
requiring a filing fee, including an appeal, and on the filing of | ||
any counterclaim, cross-action, intervention, interpleader, or | ||
third-party action requiring a filing fee, to fund civil legal | ||
services for the indigent (Sec. 133.1512(1) [ |
||
Government Code) . . . $6; | ||
(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 construction, renovation, or | ||
improvement of Rockwall County court facilities, if authorized by | ||
the county commissioners court (Sec. 51.709, Government Code) . . . | ||
not more than $15; | ||
(3) [ |
||
[ |
||
a vehicle and placement in a storage facility if assessed by the | ||
court (Sec. 2308.457, Occupations Code) . . . $20; | ||
(4) [ |
||
[ |
||
(Sec. 133.1512(2) [ |
||
(5) additional filing fee to fund judicial and court | ||
personnel training (Sec. 133.1512(3), Local Government Code) . . . | ||
$5. | ||
SECTION 30. Section 103.0212, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a | ||
civil suit, as applicable, shall pay the following fees and costs | ||
under the Family Code if ordered by the court or otherwise required: | ||
(1) in family matters: | ||
(A) issuing writ of withholding (Sec. 8.262, | ||
Family Code) . . . $15; | ||
(B) filing copy of writ of withholding to | ||
subsequent employer (Sec. 8.267, Family Code) . . . $15; | ||
(C) issuing and delivering modified writ of | ||
withholding or notice of termination (Sec. 8.302, Family Code) | ||
. . . $15; | ||
(D) issuing and delivering notice of termination | ||
of withholding (Sec. 8.303, Family Code) . . . $15; | ||
(E) issuance of change of name certificate (Sec. | ||
45.106, Family Code) . . . $10; | ||
(F) protective order fee (Sec. 81.003, Family | ||
Code) . . . $16; | ||
(G) [ |
||
[ |
||
parent-child relationship (Sec. 110.002, Family Code): | ||
(i) suit or motion for modification (Sec. | ||
110.002, Family Code) . . . $15; | ||
(ii) motion for enforcement (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(iii) notice of application for judicial | ||
writ of withholding (Sec. 110.002, Family Code) . . . $15; | ||
(iv) motion to transfer (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(v) petition for license suspension (Sec. | ||
110.002, Family Code) . . . $15; | ||
(vi) motion to revoke a stay of license | ||
suspension (Sec. 110.002, Family Code) . . . $15; and | ||
(vii) motion for contempt (Sec. 110.002, | ||
Family Code) . . . $15; | ||
(H) [ |
||
be delivered to employer (Sec. 110.004, Family Code) . . . not to | ||
exceed $15; | ||
(I) [ |
||
110.005, Family Code) . . . $45; | ||
(J) [ |
||
158.319, Family Code) . . . $15; | ||
(K) [ |
||
withholding or notice of termination (Sec. 158.403, Family Code) | ||
. . . not to exceed $15; | ||
(L) [ |
||
employer (Sec. 158.503, Family Code) . . . not to exceed $15; and | ||
(M) [ |
||
child born to a gestational mother (Sec. 160.762, Family Code) | ||
. . . as assessed by the court; and | ||
(2) in juvenile court: | ||
(A) fee schedule for deferred prosecution | ||
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; | ||
(B) a request fee for a teen court program (Sec. | ||
54.032, Family Code) . . . $20, if the court ordering the fee is | ||
located in the Texas-Louisiana border region, but otherwise not to | ||
exceed $10; | ||
(C) court costs for juvenile probation diversion | ||
fund (Sec. 54.0411, Family Code) . . . $20; | ||
(D) a juvenile delinquency prevention fee (Sec. | ||
54.0461, Family Code) . . . $50; | ||
(E) a court fee for child's probationary period | ||
(Sec. 54.061, Family Code) . . . not to exceed $15 a month; | ||
(F) a fee to cover costs of required duties of | ||
teen court (Sec. 54.032, Family Code) . . . $20, if the court | ||
ordering the fee is located in the Texas-Louisiana border region, | ||
but otherwise not to exceed $10; | ||
(G) a fee for DNA testing on commitment to | ||
certain facilities (Sec. 54.0462, Family Code) . . . $50; | ||
(H) a fee for DNA testing after placement on | ||
probation or as otherwise required by law (Sec. 54.0462, Family | ||
Code) . . . $34; | ||
(I) a program fee for a teen dating violence | ||
court program (Sec. 54.0325, Family Code) . . . $10; and | ||
(J) a fee to cover the cost to the court of | ||
administering a teen dating violence court program (Sec. 54.0325, | ||
Family Code) . . . not to exceed $10. | ||
SECTION 31. Section 103.026, Government Code, is amended to | ||
read as follows: | ||
Sec. 103.026. MISCELLANEOUS FEES AND COSTS: FAMILY CODE. | ||
Fees and costs shall be paid or collected under the Family Code as | ||
follows: | ||
(1) [ |
||
[ |
||
relations office on each filing of an original suit affecting the | ||
parent-child relationship, motion for modification, or motion for | ||
enforcement, if authorized by the administering entity (Sec. | ||
203.005, Family Code) . . . not to exceed $15; | ||
(2) [ |
||
the domestic relations office in certain counties on the filing of | ||
an original suit affecting the parent-child relationship, if | ||
authorized by the administering entity (Sec. 203.005, Family Code) | ||
. . . not to exceed $36; | ||
(3) [ |
||
relations office, if authorized by the administering entity (Sec. | ||
203.005, Family Code) . . . not to exceed $3 per month; | ||
(4) [ |
||
for a fee paid for filing an administrative writ of withholding | ||
(Secs. 158.503 and 203.005, Family Code) . . . the amount of the fee | ||
paid; | ||
(5) [ |
||
process to each individual on whom service is required, including | ||
service by certified or registered mail (Sec. 231.202, Family Code) | ||
. . . the amount that a sheriff or constable may charge for serving | ||
process under Section 118.131, Local Government Code; | ||
(6) [ |
||
staying an order suspending a license to the appropriate licensing | ||
authority (Sec. 232.013, Family Code) . . . $5 for each order | ||
mailed; and | ||
(7) [ |
||
case, if ordered by a truancy court (Sec. 65.107, Family Code) . . . | ||
$50. | ||
SECTION 32. Section 40.062, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 40.062. EXEMPTION FROM CERTAIN COSTS AND FEES. The | ||
department is not required to pay any cost or fee otherwise imposed | ||
for court proceedings or other services, including a: | ||
(1) filing fee or fee for issuance or service of | ||
process imposed by Section 110.002, Family Code, or by Section | ||
51.317, 51.318(b)(2), or 51.319, Government Code; | ||
(2) transfer fee imposed by Section 110.002 or | ||
110.005, Family Code; | ||
(3) court reporter fee imposed by Section 51.601, | ||
Government Code; | ||
(4) judicial fund fee imposed by Section 51.702, | ||
Government Code, or Section 133.1511(c), Local Government Code; | ||
(5) judge's fee imposed by Section 25.0008 or 25.0029, | ||
Government Code; | ||
(6) cost or security fee imposed by Section 53.051, | ||
53.052, 1053.051, or 1053.052, Estates Code; or | ||
(7) fee imposed by a county officer under Section | ||
118.011 or 118.052, Local Government Code. | ||
SECTION 33. Section 161.107(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) The department is not required to pay any cost or fee | ||
otherwise imposed for court proceedings or other services, | ||
including: | ||
(1) a filing fee or fee for issuance of service of | ||
process imposed by Section 51.317, 51.318(b)(2), or 51.319, | ||
Government Code; | ||
(2) a court reporter service fee imposed by Section | ||
51.601, Government Code; | ||
(3) a judicial fund fee imposed by Section 51.702, | ||
Government Code, or Section 133.1511(c), Local Government Code; | ||
(4) a judge's fee imposed by Section 25.0008 or | ||
25.0029, Government Code; | ||
(5) a cost or security fee imposed by Section 53.051, | ||
53.052, 1053.051, or 1053.052, Estates Code; or | ||
(6) a fee imposed by a county officer under Section | ||
118.011 or 118.052, Local Government Code. | ||
SECTION 34. Section 133.004, Local Government Code, as | ||
amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149 | ||
(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007, | ||
is reenacted and amended to read as follows: | ||
Sec. 133.004. CIVIL FEES. This chapter applies to the | ||
following civil fees: | ||
(1) the consolidated fee on filing in district court | ||
imposed under Section 133.151; | ||
(2) the filing fee in district court for basic civil | ||
legal services for indigents imposed under Section 133.151(a)(2) | ||
[ |
||
(3) the filing fee in courts other than district court | ||
for basic civil legal services for indigents imposed under Section | ||
133.1511(a)(1) or 133.1512(1) [ |
||
(4) the filing fees for the judicial fund imposed in | ||
certain statutory county courts under Section 133.1511(c) of this | ||
code or Section 51.702, Government Code; | ||
(5) the filing fees for the judicial fund imposed in | ||
certain county courts under Section 133.1511(d) of this code or | ||
Section 51.703, Government Code; | ||
(6) the filing fees for the judicial fund imposed in | ||
[ |
||
[ |
||
(7) fees collected under Section 118.015; | ||
(8) marriage license fees for the family trust fund | ||
collected under Section 118.018; | ||
(9) marriage license or declaration of informal | ||
marriage fees for the child abuse and neglect prevention trust fund | ||
account collected under Section 118.022; | ||
(10) the filing fee for the judicial fund imposed in | ||
district court, statutory county court, and county court under | ||
Section 133.151(a)(3) or 133.1511(b) [ |
||
(11) the portion of the civil or administrative | ||
penalty described by Section 542.406(c)(1), Transportation Code, | ||
imposed by a local authority to enforce compliance with the | ||
instructions of a traffic-control signal; and | ||
(12) [ |
||
penalty described by Section 707.008(a)(1), Transportation Code, | ||
imposed by a local authority to enforce compliance with the | ||
instructions of a traffic-control signal. | ||
SECTION 35. Section 133.058(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) A county may not retain a service fee on the collection | ||
of a fee: | ||
(1) for the judicial fund; | ||
(2) under Article 42A.303 or 42A.653, Code of Criminal | ||
Procedure; | ||
(3) under Section 133.1511(a)(2) or 133.1512(2) of | ||
this code or Section 51.851, Government Code; or | ||
(4) under Section 133.1511(a)(3) or 133.1512(3) | ||
[ |
||
SECTION 36. Section 133.151, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 133.151. CONSOLIDATED CIVIL FEE ON FILING A CIVIL SUIT | ||
IN DISTRICT COURT. (a) In addition to each fee collected under | ||
Section 51.317(b)(1), Government Code, the clerk of a district | ||
court shall collect the following fees on the filing of any civil | ||
action or proceeding requiring a filing fee and on the filing of any | ||
counterclaim, cross-action, intervention, interpleader, or | ||
third-party action requiring a filing fee [ |
||
(1) [ |
||
[ |
||
(2) $10 to be used as provided by Section 133.152; | ||
(3) $42 to be used as provided by Section 133.154; | ||
(4) $30 to be used as provided by Section 51.851, | ||
Government Code; | ||
(5) $5 to be used as provided by Section 51.971, | ||
Government Code; and | ||
(6) $5 court costs fee to be deposited in the appellate | ||
justice system fund appropriate for the appellate district in which | ||
the court is located to be used as provided by Subchapter C, Chapter | ||
22, Government Code. | ||
(b) The fees under Subsection (a)(1) [ |
||
collected and remitted to the comptroller in the manner provided by | ||
Subchapter B. | ||
(c) The comptroller shall allocate the fees received under | ||
Subsection (a)(1) [ |
||
funds so that each receives to the extent practicable, utilizing | ||
historical data as applicable, the same amount of money the account | ||
or fund would have received if the fees for the accounts and funds | ||
had been collected and reported separately: | ||
(1) the judicial fund to be used for court-related | ||
purposes for the support of the judiciary; and | ||
(2) the basic civil legal services account of the | ||
judicial fund for use in programs approved by the supreme court that | ||
provide basic civil legal services to an indigent. | ||
SECTION 37. Subchapter D, Chapter 133, Local Government | ||
Code, is amended by adding Sections 133.1511 and 133.1512 to read as | ||
follows: | ||
Sec. 133.1511. CONSOLIDATED CIVIL FEE ON FILING CIVIL SUIT | ||
IN STATUTORY COUNTY COURT, STATUTORY PROBATE COURT, OR COUNTY | ||
COURT. (a) The clerk of a statutory county court, statutory | ||
probate court, or a county court shall collect the following fees on | ||
the filing of any civil action or proceeding and on the filing of | ||
any counterclaim, cross-action, intervention, interpleader, or | ||
third-party action requiring a filing fee: | ||
(1) $10 to be used as provided by Section 133.153; | ||
(2) $30 to be used as provided by Section 51.851, | ||
Government Code; | ||
(3) $5 to be used as provided by Section 51.971, | ||
Government Code; and | ||
(4) $5 court costs fee to be deposited in the appellate | ||
justice system fund appropriate for the appellate district in which | ||
the court is located to be used as provided by Subchapter C, Chapter | ||
22. | ||
(b) The clerk of a statutory county court or a county court | ||
shall collect a fee of $42 on the filing of any suit to be used as | ||
provided by Section 133.154. | ||
(c) The clerk of a statutory county court shall collect a | ||
$40 filing fee in each civil case filed in the court to be used for | ||
court-related purposes for the support of the judiciary as provided | ||
by Section 51.702, Government Code. | ||
(d) In addition to all other fees authorized or required by | ||
other law, the clerk of a county court with a judge who is entitled | ||
to an annual salary supplement from the state under Section 26.006, | ||
Government Code, shall collect a $40 filing fee in each civil case | ||
filed in the court to be used for court-related purposes for the | ||
support of the judiciary as provided by Section 51.703, Government | ||
Code. | ||
(e) In addition to all other fees authorized or required by | ||
other law, the clerk of a statutory probate court shall collect a | ||
$40 filing fee in each probate, guardianship, mental health, or | ||
civil case filed in the court to be used for court-related purposes | ||
for the support of the judiciary. | ||
Sec. 133.1512. CONSOLIDATED CIVIL FEE ON FILING CIVIL SUIT | ||
IN JUSTICE COURT. The clerk of a justice court shall collect the | ||
following fees on the filing of any civil action or proceeding | ||
requiring a filing fee and on the filing of any counterclaim, | ||
cross-action, intervention, interpleader, or third-party action | ||
requiring a filing fee: | ||
(1) $6 to be used as provided by Section 133.153; | ||
(2) $10 to be used as provided by Section 51.851(c), | ||
Government Code; and | ||
(3) $5 to be used as provided by Section 51.971, | ||
Government Code. | ||
SECTION 38. Sections 133.152(b) and (c), Local Government | ||
Code, are amended to read as follows: | ||
(b) The fees under Section 133.151(a)(2) [ |
||
shall be collected and remitted to the comptroller in the manner | ||
provided by Subchapter B. | ||
(c) The comptroller shall deposit the fees received under | ||
Section 133.151(a)(2) to the credit of the basic civil legal | ||
services account of the judicial fund for use in programs approved | ||
by the supreme court that provide basic civil legal services to an | ||
indigent. | ||
SECTION 39. Sections 133.153(b) and (c), Local Government | ||
Code, are amended to read as follows: | ||
(b) The fees under Section 133.151(a)(3) shall be collected | ||
and remitted to the comptroller in the manner provided by | ||
Subchapter B. | ||
(c) The comptroller shall deposit the fees received under | ||
Section 133.151(a)(3) to the credit of the basic civil legal | ||
services account of the judicial fund for use in programs approved | ||
by the supreme court that provide basic civil legal services to an | ||
indigent. | ||
SECTION 40. Section 133.154(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) The treasurer shall remit the fees collected under | ||
Section 133.151(a)(3) or 133.1511(b) [ |
||
comptroller in the manner provided by Subchapter B. The comptroller | ||
shall deposit the fees in the judicial fund. | ||
SECTION 41. The following sections are repealed: | ||
(1) Section 108.006, Family Code; | ||
(2) Section 51.702(a), Government Code; | ||
(3) Section 51.703(a), Government Code; | ||
(4) Section 51.704(a), Government Code; | ||
(5) Section 51.851(b), Government Code; | ||
(6) Sections 101.06111, 101.08111, 101.0813, | ||
101.10111, 101.12121, and 101.1411, Government Code; | ||
(7) Sections 102.042, 102.062, and 102.103, | ||
Government Code; | ||
(8) Section 152.0522, Human Resources Code; | ||
(9) Section 152.1752(d), Human Resources Code; | ||
(10) Sections 152.1874 and 152.2496, Human Resources | ||
Code; | ||
(11) Section 133.152(a), Local Government Code; | ||
(12) Section 133.153(a), Local Government Code; and | ||
(13) Section 133.154(a), Local Government Code. | ||
SECTION 42. This Act takes effect September 1, 2021. |