Bill Text: TX SB39 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the consolidation and allocation of state civil court costs; increasing certain civil court costs.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-02-01 - Referred to State Affairs [SB39 Detail]

Download: Texas-2019-SB39-Introduced.html

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86R2715 CAE-D
By: Zaffirini S.B. No. 39

A BILL TO BE ENTITLED
AN ACT
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, [set a court costs fee
of not more than $5] for each civil suit filed in county court,
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, [set a court costs fee
of $5] for each civil suit filed in county court, statutory county
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, [set a court costs fee
of $5] for each civil suit filed in county court, county court at
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, [set a court costs fee
of not more than $5] for each civil suit filed in county court,
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, [set a court costs fee
of not more than $5] for each civil suit filed in county court,
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, [set a court costs fee
of $5] for each civil suit filed in county court, statutory county
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, [set a court costs fee
of $5] for each civil suit filed in a county court, statutory county
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, [set a court costs fee
of $5] for each civil suit filed in a county court, statutory county
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, [set a court fee of $5]
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, [set a court costs fee
of $5] for each civil suit filed in county court, statutory county
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, [set a court costs fee
of $5] for each civil suit filed in county court, statutory county
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, [set a court costs fee
of not more than $5] for each civil suit filed in a county court,
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, [this section] and under Section
133.1511(c), Local Government Code [51.702(a)].
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, [this section] shall be collected in the same
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, [this section] 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.
(i) A clerk may not collect a fee under Section 133.1511(e),
Local Government Code, [this section] and under Section [51.701 or]
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[,] a court of appeals[, a district
court, a county court, a statutory county court, or a statutory
probate court] shall collect a $30 fee 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 be used as provided by Section 51.852. A fee
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, [In addition to other fees authorized or required
by law, the clerk of a justice court shall collect a $10 fee] 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 shall [to] be used as provided by Section
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 [In addition to other
fees authorized or required by law, the clerk of a district court,
county court, statutory county court, statutory probate court, or
justice court shall collect a $5 fee 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 be
used as provided under Section 56.003.
(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, [this section] for an individual the court determines is
indigent.
(c) Fees due under Section 133.151(a)(5), 133.1151(a)(3),
or 133.1152(3), Local Government Code, [this section] shall be
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, [this section] in the appropriate local treasury and remit
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, [this section] to the credit of the judicial and
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 [this
section].
(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, [this section] is subject to audit by the state auditor.
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) [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) . . . $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;
[(E-3) Eighth Court of Appeals District (Sec.
22.2091, 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;
(2) [(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;
(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) [(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;
(4) [(5)] for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(5) [(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;
(6) [(7)] for records management and preservation
(Sec. 51.317, Government Code) . . . $10;
(7) [(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;
(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[;
and
[(20) statewide electronic filing system fund fee
(Sec. 51.851, Government Code) . . . $30].
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) [for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $4;
[(2)] fee on filing a suit for dissolution of a
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) [(3)] a child support service fee in Nueces County
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) [(4)] a service fee to be paid by a person ordered
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) [and
[(C) in Montague County (Sec. 152.1752, Human
Resources Code) . . . $1 if fee is ordered to be paid monthly, 50
cents if fee is ordered to be paid semimonthly or weekly;
[(5) attorney's fees as an additional cost in Montague
County on a finding of contempt of court for failure to pay child or
spousal support if the contempt action is initiated by the
probation department (Sec. 152.1752, Human Resources Code) . . .
$15;
[(6) fee on filing a suit requesting an adoption in
Montague County (Sec. 152.1752, Human Resources Code) . . . $25;
[(7)] court cost on citation for contempt of court for
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) [(8)] fee on filing a suit for divorce in Orange
County (Sec. 152.1873, Human Resources Code) . . . not less than
$5; and
(6) [(9)] court costs on citation for contempt of
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[;
[(10) fee on filing a suit requesting an adoption in
Orange County (Sec. 152.1874, Human Resources Code) . . . not less
than $25; and
[(11) fee on filing a suit requesting an adoption in
Wichita County (Sec. 152.2496, Human Resources Code) . . . $100].
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 [suit filed, for court-related purposes for the support
of the judiciary and for civil legal services to an indigent:
[(i) for family law cases and proceedings
as defined by Section 25.0002, Government Code (Sec. 133.151, Local
Government Code) . . . $45; or
[(ii) for any case other than a case
described by Subparagraph (i)] (Sec. 133.151(a)(1) [133.151],
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[:
[(i) for family law cases and proceedings
as defined by Section 25.0002, Government Code (Sec. 133.152, Local
Government Code) . . . $5; or
[(ii) for any case other than a case
described by Subparagraph (i)] (Sec. 133.151(a)(2) [133.152],
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; [and]
(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) [133.154], Local Government Code)
. . . $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) [appellate judicial system filing fees:
[(A) First or Fourteenth Court of Appeals
District (Sec. 22.2021, Government Code) . . . not more than $5;
[(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $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;
[(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
[(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
[(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
[(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
[(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
[(2)] an official court reporter fee, County Court at
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
(2) [(3)] in Brazoria County, in matters of concurrent
jurisdiction with the district court, fees (Sec. 25.0222,
Government Code) . . . as prescribed by law for district judges
according to the nature of the matter;
(3) [(4)] a court reporter fee when testimony is taken
in a county court at law in McLennan County (Sec. 25.1572,
Government Code) . . . $3;
(4) [(5)] a stenographer fee, if a record or part of a
record is made:
(A) in a county court at law in Hidalgo County
(Sec. 25.1102, Government Code) . . . $20; and
(B) in the 1st Multicounty Court at Law (Sec.
25.2702, Government Code) . . . $25;
(5) [(6)] jury fee (Sec. 51.604, Government Code)
. . . $40;
(6) [(7)] an additional filing fee:
(A) [for each civil case filed to be used for
court-related purposes for the support of the judiciary (Sec.
51.702, Government Code) . . . $40;
[(B)] to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B) [(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;
(7) [(8)] the official court reporter's fee taxed as
costs in civil actions in a statutory county court:
(A) in Bexar County Courts at Law Nos. 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code)
. . . taxed in the same manner as the fee is taxed in district
court;
(B) in Galveston County (Sec. 25.0862,
Government Code) . . . taxed in the same manner as the fee is taxed
in civil cases in the district courts;
(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) [(9)] in Nueces County, in matters of concurrent
jurisdiction with the district court, with certain exceptions, fees
(Sec. 25.1802, Government Code) . . . equal to those in district
court cases;
(9) [(10)] a fee not otherwise listed in this
subchapter that is required to be collected under Section 25.0008,
Government Code, in a county other than Brazos, Cameron, Ellis,
Guadalupe, Harris, Henderson, Liberty, Moore, Nolan, Panola,
Parker, Starr, Victoria, and Williamson . . . as prescribed by law
relating to county judges' fees; and
(10) [(11)] 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[;
and
[(12) statewide electronic filing system fund fee
(Sec. 51.851, Government Code) . . . $30].
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)
[133.153], Local Government Code) . . . $10;
(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) [133.154], Local Government Code)
. . . $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; [and]
(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) [appellate judicial system filing fees:
[(A) First or Fourteenth Court of Appeals
District (Sec. 22.2021, Government Code) . . . not more than $5;
[(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $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;
[(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
[(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
[(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
[(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
[(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
[(2)] additional filing fees as follows:
(A) for certain cases to be used for
court-related purposes for support of the judiciary (Sec. 51.704,
Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15;
(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) [(3)] jury fee for civil case (Sec. 51.604,
Government Code) . . . $40;
(3) [(4)] the expense of preserving the record as a
court cost, if imposed on a party by the referring court or
associate judge (Sec. 54A.211, Government Code) . . . actual cost;
and
(4) [(5)] a fee not otherwise listed in this
subchapter that is required to be collected under Section 25.0029,
Government Code (Sec. 25.0029, Government Code) . . . as prescribed
by law relating to county judges' fees[; and
[(6) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $30].
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)
[133.153], Local Government Code) . . . $10;
(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; [and]
(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) [appellate judicial system filing fees:
[(A) First or Fourteenth Court of Appeals
District (Sec. 22.2021, Government Code) . . . not more than $5;
[(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $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;
[(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
[(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
[(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
[(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
[(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
[(2)] a jury fee (Sec. 51.604, Government Code) . . .
$40; and
(2) [(3) a filing fee in each civil case filed to be
used for court-related purposes for the support of the judiciary
(Sec. 51.703, Government Code) . . . $40;
[(4)] a filing fee to fund the preservation of court
records (Sec. 51.708, Government Code) . . . not more than $10[;
and
[(5) a statewide electronic filing system fund fee
(Sec. 51.851, Government Code) . . . $30].
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)
[133.153], Local Government Code) . . . $10; [and]
(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) [133.154], Local Government Code)
. . . $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) [133.153], Local
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) [for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50;
[(4)] fee for hearing on probable cause for removal of
a vehicle and placement in a storage facility if assessed by the
court (Sec. 2308.457, Occupations Code) . . . $20;
(4) [and
[(5)] statewide electronic filing system fund fee
(Sec. 133.1512(2) [51.851], Local Government Code) . . . $10; and
(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) [filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
[(H)] filing fees for suits affecting
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) [(I)] order or writ of income withholding to
be delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(I) [(J)] filing fee for transferred case (Sec.
110.005, Family Code) . . . $45;
(J) [(K)] filing a writ of withholding (Sec.
158.319, Family Code) . . . $15;
(K) [(L)] filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family Code)
. . . not to exceed $15;
(L) [(M)] filing an administrative writ to
employer (Sec. 158.503, Family Code) . . . not to exceed $15; and
(M) [(N)] genetic testing fees in relation to a
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) [costs of determining and sending information
concerning the identity of the court with continuing, exclusive
jurisdiction if charged by the bureau of vital statistics (Sec.
108.006, Family Code) . . . reasonable fee;
[(2)] initial operations fee paid to the domestic
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) [(3)] initial child support service fee paid to
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) [(4)] service fee for services of a domestic
relations office, if authorized by the administering entity (Sec.
203.005, Family Code) . . . not to exceed $3 per month;
(4) [(5)] fee to reimburse a domestic relations office
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) [(6)] fee from a Title IV-D agency for each item of
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) [(7)] a fee for mailing an order vacating or
staying an order suspending a license to the appropriate licensing
authority (Sec. 232.013, Family Code) . . . $5 for each order
mailed; and
(7) [(8)] a court cost paid by a party to a truancy
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)
[133.152];
(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) [133.153];
(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
[certain] statutory probate courts under Section 133.1511(e)
[51.704, Government Code];
(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) [Section 133.154]; [and]
(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) [(11)] the portion of the civil or administrative
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)
[51.971, Government Code].
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 [suit]:
(1) [$45 for family law cases and proceedings as
defined by Section 25.0002, Government Code; and
[(2)] $50 to be used as provided by Subsection (c) [for
any case other than a case described by Subdivision (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) [(a)] shall be
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) [this section] to the following accounts and
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) [this section]
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) [this section] to the
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, 2019.