Bill Text: TX HB1513 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to temporary increases in the records archive fees and the records management and preservation fees charged by district and county clerks.
Sponsorship: Bipartisan Bill
Status: (Passed) 2013-06-14 - See remarks for effective date [HB1513 Detail]
Download: Texas-2013-HB1513-Enrolled.html
| H.B. No. 1513 | ||
|
|
||
| relating to temporary increases in the records archive fees and the | ||
| records management and preservation fees charged by district and | ||
| county clerks. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. FEES EFFECTIVE SEPTEMBER 1, 2013 | ||
| SECTION 1.01. Section 51.305(b), Government Code, is | ||
| amended to read as follows: | ||
| (b) The commissioners court of a county may adopt a district | ||
| court records archive fee of not more than $10 [ |
||
| of a suit, including an appeal from an inferior court, or a | ||
| cross-action, counterclaim, intervention, contempt action, motion | ||
| for new trial, or third-party petition, in a district court in the | ||
| county as part of the county's annual budget. The fee must be set | ||
| and itemized in the county's budget as part of the budget | ||
| preparation process and must be approved in a public meeting. The | ||
| fee is for preservation and restoration services performed in | ||
| connection with maintaining a district court records archive. | ||
| SECTION 1.02. Section 51.317(b), Government Code, is | ||
| amended to read as follows: | ||
| (b) The fees are: | ||
| (1) except as provided by Subsection (b-1), for filing | ||
| a suit, including an appeal from an inferior court, $50; | ||
| (2) for filing a cross-action, counterclaim, | ||
| intervention, contempt action, motion for new trial, or third-party | ||
| petition, $15; | ||
| (3) 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, $8; | ||
| (4) for records management and preservation, $10; and | ||
| (5) in addition to the other fees imposed under this | ||
| section, for filing a suit, including an appeal from an inferior | ||
| court, or a cross-action, counterclaim, intervention, contempt | ||
| action, motion for new trial, or third-party petition, the amount | ||
| adopted by the county commissioners court, not to exceed $10 [ |
||
| for court records archiving. | ||
| SECTION 1.03. 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 $10 [ |
||
| (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 1.04. Sections 118.011(b) and (f), Local Government | ||
| Code, are amended to read as follows: | ||
| (b) The county clerk may set and collect the following fee | ||
| from any person: | ||
| (1) Returned Check (Sec. 118.0215) not less | ||
| than $15 or more than $30 | ||
| (2) Records Management and Preservation Fee (Sec. | ||
| 118.0216) not more than $10 [ |
||
| (3) Mental Health Background Check for License to | ||
| Carry a Concealed Weapon (Sec. 118.0217) not more than $2 | ||
| (f) The county clerk of a county shall, if the commissioners | ||
| court of the county adopts the fee as part of the county's annual | ||
| budget, collect the following fee from any person: | ||
| Records Archive Fee (Sec. 118.025)not more | ||
| than $10 [ |
||
| SECTION 1.05. The changes in law made by this article apply | ||
| only to a fee that becomes payable on or after September 1, 2013. A | ||
| fee that becomes payable before September 1, 2013, is governed by | ||
| the law in effect when the fee became payable, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 1.06. This article takes effect September 1, 2013. | ||
| ARTICLE 2. FEES EFFECTIVE SEPTEMBER 1, 2019 | ||
| SECTION 2.01. Section 51.305(b), Government Code, is | ||
| amended to read as follows: | ||
| (b) The commissioners court of a county may adopt a district | ||
| court records archive fee of not more than $5 for the filing of a | ||
| suit, including an appeal from an inferior court, or a | ||
| cross-action, counterclaim, intervention, contempt action, motion | ||
| for new trial, or third-party petition, in a district court in the | ||
| county as part of the county's annual budget. The fee must be set | ||
| and itemized in the county's budget as part of the budget | ||
| preparation process and must be approved in a public meeting. The | ||
| fee is for preservation and restoration services performed in | ||
| connection with maintaining a district court records archive. | ||
| SECTION 2.02. Section 51.317(b), Government Code, is | ||
| amended to read as follows: | ||
| (b) The fees are: | ||
| (1) except as provided by Subsection (b-1), for filing | ||
| a suit, including an appeal from an inferior court, $50; | ||
| (2) for filing a cross-action, counterclaim, | ||
| intervention, contempt action, motion for new trial, or third-party | ||
| petition, $15; | ||
| (3) 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, $8; | ||
| (4) for records management and preservation, $10; and | ||
| (5) in addition to the other fees imposed under this | ||
| section, for filing a suit, including an appeal from an inferior | ||
| court, or a cross-action, counterclaim, intervention, contempt | ||
| action, motion for new trial, or third-party petition, the amount | ||
| adopted by the county commissioners court, not to exceed $5, for | ||
| court records archiving. | ||
| SECTION 2.03. 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 2.04. Sections 118.011(b) and (f), Local Government | ||
| Code, are amended to read as follows: | ||
| (b) The county clerk may set and collect the following fee | ||
| from any person: | ||
| (1) Returned Check (Sec. 118.0215)not less | ||
| than $15 or more than $30 | ||
| (2) Records Management and Preservation Fee (Sec. | ||
| 118.0216) not more than $5 | ||
| (3) Mental Health Background Check for License to | ||
| Carry a Concealed Weapon (Sec. 118.0217) not more than $2 | ||
| (f) The county clerk of a county shall, if the commissioners | ||
| court of the county adopts the fee as part of the county's annual | ||
| budget, collect the following fee from any person: | ||
| Records Archive Fee (Sec. 118.025)not more | ||
| than $5 | ||
| SECTION 2.05. The changes in law made by this article apply | ||
| only to a fee that becomes payable on or after September 1, 2019. A | ||
| fee that becomes payable before September 1, 2019, is governed by | ||
| the law in effect when the fee became payable, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 2.06. This article takes effect September 1, 2019. | ||
| ARTICLE 3. CONFLICT WITH OTHER LEGISLATION | ||
| SECTION 3.01. To the extent of any conflict, this Act | ||
| prevails over another Act of the 83rd Legislature, Regular Session, | ||
| 2013, relating to nonsubstantive additions to and corrections in | ||
| enacted codes. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1513 was passed by the House on April | ||
| 12, 2013, by the following vote: Yeas 131, Nays 3, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1513 on May 23, 2013, by the following vote: Yeas 143, Nays 1, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1513 was passed by the Senate, with | ||
| amendments, on May 21, 2013, by the following vote: Yeas 27, Nays | ||
| 3. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
