Bill Text: TX SB1830 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to increasing certain fees for preservation and archiving of district court records.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-24 - Referred to Jurisprudence [SB1830 Detail]
Download: Texas-2011-SB1830-Introduced.html
82R13293 KFF-D | ||
By: Wentworth | S.B. No. 1830 |
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relating to increasing certain fees for preservation and archiving | ||
of district court records. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 [ |
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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. Sections 51.317(b) and (c), Government Code, are | ||
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, $15 | ||
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(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 under Section 51.305(b), | ||
not to exceed $10 [ |
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(c) The district clerk, after collecting a fee under | ||
Subsection (b)(4), shall pay the fee to the county treasurer, or to | ||
an official who discharges the duties commonly delegated to the | ||
county treasurer, for deposit as follows: | ||
(1) $5 to the county records management and | ||
preservation fund for records management and preservation, | ||
including automation, in various county offices; and | ||
(2) $10 [ |
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and preservation fund for records management and preservation | ||
services performed by the district clerk when a case or document is | ||
filed in the records office of the district clerk. | ||
SECTION 3. (a) 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; [ |
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(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) . . . $15 [ |
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(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) . . . $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. | ||
(b) Sections 101.06111, 101.06113, 101.06114, 101.06115, | ||
101.06116, and 101.06117, Government Code, are repealed. | ||
SECTION 4. (a) Section 51.607, Government Code, does not | ||
apply to a fee imposed under Section 51.305(b), 51.317, or | ||
101.0611, Government Code, as amended by this Act. | ||
(b) Sections 51.305(b) and 51.317(b)(5), Government Code, | ||
as amended by this Act, apply only to the imposition of a fee on a | ||
filing in an action or proceeding made on or after the effective | ||
date of an order of a commissioners court authorizing imposition of | ||
the fee. The imposition of a fee on a filing made before that date | ||
is governed by the law in effect on the date the filing was made, and | ||
the former law is continued in effect for that purpose. | ||
(c) Sections 51.317(b)(4) and (c), Government Code, as | ||
amended by this Act, apply only to a suit or action filed with a | ||
district clerk on or after the effective date of this Act. A suit or | ||
action filed before that date is governed by the law in effect on | ||
the date the suit or action was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 5. To the extent of any conflict, this Act prevails | ||
over another Act of the 82nd Legislature, Regular Session, 2011, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 6. This Act takes effect September 1, 2011. |