Bill Text: TX SB41 | 2021-2022 | 87th Legislature | Enrolled

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

Sponsorship: Bipartisan Bill

Status: (Passed) 2021-06-14 - Effective on 1/1/22 [SB41 Detail]

Download: Texas-2021-SB41-Enrolled.html

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S.B. No. 41

AN ACT
relating to the consolidation and allocation of state civil court
costs; increasing certain civil court costs; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CONSOLIDATED CIVIL FILING FEES
SECTION 1.01. Section 133.004, Local Government Code, is
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 133.152;
[(3) the filing fee in courts other than district
court for basic civil legal services for indigents imposed under
Section 133.153;
[(4) the filing fees for the judicial fund imposed in
certain statutory county courts under Section 51.702, Government
Code;
[(5) the filing fees for the judicial fund imposed in
certain county courts under Section 51.703, Government Code;
[(6) the filing fees for the judicial fund imposed in
statutory probate courts under Section 51.704, Government Code;
[(7)] fees collected under Section 118.015;
(3) [(8)] marriage license fees for the family trust
fund collected under Section 118.018; and
(4) [(9)] marriage license or declaration of informal
marriage fees for the child abuse and neglect prevention trust fund
account collected under Section 118.022[; and
[(10) the filing fee for the judicial fund imposed in
district court, statutory county court, and county court under
Section 133.154].
SECTION 1.02. Section 133.151, Local Government Code, is
amended to read as follows:
Sec. 133.151. STATE CONSOLIDATED CIVIL FEE ON FILING A
CIVIL CASE [SUIT IN DISTRICT COURT]. (a) The [In addition to each
fee collected under Section 51.317(b)(1), Government Code, the]
clerk of a district court, statutory county court, statutory
probate court, or county court shall collect:
(1) a fee in the amount of $137 [the following fees] on
the filing of any civil, probate, guardianship, or mental health
case; and
(2) a fee in the amount of $45 on any action other than
an original action subject to Subdivision (1), including an appeal
and any counterclaim, cross-action, intervention, contempt action,
adverse probate action, interpleader, motion for new trial, or
third-party action [suit:
[(1) $45 for family law cases and proceedings as
defined by Section 25.0002, Government Code; and
[(2) $50 for any case other than a case described by
Subdivision (1)].
(a-1) The clerk of a justice court shall collect a fee in the
amount of $21 on the filing of any civil case and on any action other
than an original action for the civil case, including an appeal and
any counterclaim, cross-action, intervention, contempt action,
interpleader, motion for new trial, or third-party action.
(b) The fees under this section [Subsection (a)] shall be
collected and remitted either:
(1) directly to the treasury by the Office of Court
Administration of the Texas Judicial System for fees paid using the
electronic filing system established under Section 72.031,
Government Code; or
(2) to the comptroller in the manner provided by
Subchapter B for fees paid to an officer of a court.
(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, except that the account
or fund may not receive less than the following percentages:
(1) the judicial fund to be used for court-related
purposes for the support of the judiciary59.854 percent; [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 indigent14.5985 percent;
(3) the statewide electronic filing system
fund21.8978 percent; and
(4) the judicial and court personnel training
fund3.6497 percent.
(d) The comptroller shall allocate the fees received under
Subsection (a)(2) 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, except that the account or fund may not
receive less than the following percentages:
(1) the basic civil legal services account of the
judicial fund for use in programs approved by the supreme court that
provide basic legal services to an indigent22.2222 percent;
(2) the statewide electronic filing system
fund66.6667 percent; and
(3) the judicial and court personnel training
fund11.1111 percent.
(e) The comptroller shall allocate the fees received under
Subsection (a-1) 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, except that the account or fund may not
receive less than the following percentages:
(1) 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 indigent28.5714 percent;
(2) the statewide electronic filing system
fund47.6191 percent; and
(3) the judicial and court personnel training
fund23.8095 percent.
SECTION 1.03. Subtitle C, Title 4, Local Government Code,
is amended by adding Chapter 135 to read as follows:
CHAPTER 135. CIVIL FEES PAYABLE TO LOCAL GOVERNMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 135.001. PURPOSE. The purpose of this chapter is to
consolidate and standardize collection of fees payable to a local
government in civil cases by:
(1) an officer of a court for deposit in a county
treasury; or
(2) an officer of a county for deposit in the county
treasury.
Sec. 135.002. DEFINITIONS. In this chapter:
(1) "Fee" means a civil fee listed under Section
135.003.
(2) "County treasurer" means the custodian of money in
a county treasury.
Sec. 135.003. CIVIL FEES. This chapter applies to the civil
fees imposed under Sections 135.101, 135.102, and 135.103 on civil,
probate, guardianship, and mental health cases.
SUBCHAPTER B. COLLECTION AND REMITTANCE OF LOCAL CIVIL FEES
Sec. 135.051. COLLECTION, REMITTANCE, AND DEPOSIT OF FEES.
(a) A court clerk shall collect and remit to the county treasurer
all fees in the manner provided by this section.
(b) An officer collecting a fee in a justice, county, or
district court shall remit the money to the county treasurer for
deposit in the county treasury.
(c) A court clerk collecting a fee shall remit the money to
the county treasurer for deposit in the county treasury.
Sec. 135.052. ALLOCATION OF DEPOSITED FEES. (a) Money
collected under Subchapter C as civil fees imposed on or after
January 1, 2022, shall be allocated according to the percentages
provided by Sections 135.101, 135.102, and 135.103, as applicable.
(b) Money collected under Subchapter C as civil fees before
January 1, 2022, shall be distributed utilizing historical data so
that each account or fund receives the same amount of money the
account or fund would have received if the fee for the accounts and
funds had been collected and reported separately. This subsection
expires September 1, 2025.
SUBCHAPTER C. LOCAL CIVIL FEES
Sec. 135.101. LOCAL CONSOLIDATED CIVIL FEE FOR CERTAIN
CIVIL CASES IN DISTRICT COURT, STATUTORY COUNTY COURT, OR COUNTY
COURT. (a) A person shall pay in a district court, statutory
county court, or county court in addition to all other fees and
court costs a local consolidated filing fee of:
(1) $213 on filing any civil case except a probate,
guardianship, or mental health case; and
(2) $35 on any action other than an original action for
a case subject to Subdivision (1), including an appeal and any
counterclaim, cross-action, intervention, contempt action,
interpleader, motion for new trial, or third-party action.
(b) The county treasurer shall allocate the fees received
under Subsection (a)(1) 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, except that the account or fund
may not receive less than the following percentages:
(1) the appellate judicial system fund 2.3474
percent;
(2) the court facility fee fund9.3897 percent;
(3) the clerk of the court account23.4742 percent;
(4) the county records management and preservation
account14.0845 percent;
(5) the court reporter service fund11.7371 percent;
(6) the county law library fund16.4319 percent;
(7) the courthouse security fund9.3897 percent;
(8) the language access fund1.4085 percent;
(9) the county jury fund4.6948 percent; and
(10) the county dispute resolution fund7.0423
percent.
(c) The county treasurer shall allocate the fees received
under Subsection (a)(2) 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, except that the account or fund
may not receive less than the following percentages:
(1) the clerk of the court account42.8571 percent; and
(2) the county records management and preservation
account57.1429 percent.
Sec. 135.102. LOCAL CIVIL FEE FOR PROBATE, GUARDIANSHIP,
AND MENTAL HEALTH CASES IN STATUTORY COUNTY COURT, STATUTORY
PROBATE COURT, OR COUNTY COURT. (a) A person shall pay in a
statutory county court, statutory probate court, or county court in
addition to all other fees and court costs a fee of:
(1) $223 on filing any probate, guardianship, or
mental health case; and
(2) $75 on any action other than an original action for
a case subject to Subdivision (1), including an adverse probate
action, contest, or suit in a probate court, other than the filing
of a claim against an estate, in which the movant or applicant
filing the intervention pleading seeks any affirmative relief.
(b) The county treasurer shall allocate the fees received
under Subsection (a)(1) 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, except that the account or fund
may not receive less than the following percentages:
(1) the appellate judicial system fund 2.2422
percent;
(2) the court facility fee fund8.9686 percent;
(3) the clerk of the court account17.9372 percent;
(4) the county records management and preservation
account6.7265 percent;
(5) the court reporter service fund11.2108 percent;
(6) the county law library fund15.6951 percent;
(7) the courthouse security fund8.9686 percent;
(8) the language access fund1.3453 percent;
(9) the county jury fund4.4841 percent;
(10) the county dispute resolution fund6.7265
percent;
(11) the court-initiated guardianship fund8.9686
percent;
(12) the judicial education and support fund2.2422
percent; and
(13) the public probate administrator fund4.4843
percent.
(c) The county treasurer shall allocate the fees received
under Subsection (a)(2) 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, except that the account or fund
may not receive less than the following percentages:
(1) the clerk of the court account53.3333 percent;
(2) the county records management and preservation
account6.6667 percent;
(3) the court-initiated guardianship fund26.6667
percent; and
(4) the public probate administrator fund13.3333
percent.
Sec. 135.103. LOCAL CONSOLIDATED CIVIL FEE FOR JUSTICE
COURT. (a) In addition to all other fees and court costs, a person
shall pay a local consolidated filing fee of $33 on filing of any
civil case in a justice court and on any action other than an
original action for a civil case, including an appeal and any
counterclaim, cross-action, intervention, contempt action,
interpleader, motion for new trial, or third-party action.
(b) The county treasurer shall allocate the fees received
under 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, except that the account or fund may not
receive less than the following percentages:
(1) the justice court support fund75.7576 percent;
(2) the county dispute resolution fund15.1515
percent; and
(3) the language access fund9.0909 percent.
SUBCHAPTER D. ALLOCATION AND USE OF CERTAIN CIVIL FEES
Sec. 135.151. MAINTENANCE OF FUNDS AND ACCOUNTS. (a) A
county treasurer shall maintain in the county treasury a fund or
account to which money is allocated under Section 135.101, 135.102,
or 135.103, to the extent that the fund or account is not required
by other law. Money in an account maintained under this section may
be used only for the purposes provided by this subchapter.
(b) An account or fund maintained under this section in a
county treasury may be administered by or at the direction of the
county commissioners court.
Sec. 135.152. COURT FACILITY FEE FUND. Money allocated
under Section 135.101 or 135.102 to the court facility fee fund
maintained in the county treasury as required by Section 135.151
may be used by a county only to fund the construction, renovation,
or improvement of facilities that house the courts or to pay the
principal of, interest on, and costs of issuance of bonds,
including refunding bonds, issued for the construction,
renovation, or improvement of the facilities.
Sec. 135.153. CLERK OF THE COURT ACCOUNT. Money allocated
under Section 135.101 or 135.102 to the clerk of the court account
maintained in the county treasury as required by Section 135.151
may be used by a county only to defray costs of services provided by
a county or district clerk.
Sec. 135.154. COUNTY RECORDS MANAGEMENT AND PRESERVATION
ACCOUNT. Money allocated under Section 135.101 or 135.102 to the
county records management and preservation account maintained in
the county treasury as required by Section 135.151 may be used by a
county only to fund records management and preservation services,
including automation, performed by the court clerk on approval by
the commissioners court of a budget as provided by Chapter 111. An
expenditure from the fund must comply with Subchapter C, Chapter
262.
Sec. 135.155. LANGUAGE ACCESS FUND. Money allocated under
Section 135.101, 135.102, or 135.103 to the language access fund
maintained in the county treasury as required by Section 135.151
may be used by a county only to provide language access services for
individuals appearing before the court or receiving court services.
Sec. 135.156. COUNTY JURY FUND. Money allocated under
Section 135.101 or 135.102 to the county jury fund maintained in the
county treasury as required by Section 135.151 may be used by a
county only to fund juror reimbursements and otherwise finance jury
services.
Sec. 135.157. COUNTY DISPUTE RESOLUTION FUND. (a) Money
allocated under Section 135.101, 135.102, or 135.103 to the county
dispute resolution fund maintained in the county treasury as
required by Section 135.151 may be used by a county only to
establish and maintain an alternative dispute resolution system in
accordance with Chapter 152, Civil Practice and Remedies Code. The
fund shall be administered by the commissioners court and may be
used by the county only to establish and maintain the system. The
system shall be operated at one or more convenient and accessible
places in the county.
(b) If a county has not established an alternative dispute
resolution system under Chapter 152, Civil Practice and Remedies
Code, the money allocated under Subsection (a) shall be remitted to
the comptroller and the comptroller shall allocate the money to the
statewide electronic filing system fund.
Sec. 135.158. COURT-INITIATED GUARDIANSHIP FUND. Money
allocated under Section 135.102 to the court-initiated
guardianship fund maintained in the county treasury as required by
Section 135.151 may be used by a county only to supplement other
available funds to:
(1) pay the compensation of a guardian ad litem
appointed by a court under Section 1102.001, Estates Code;
(2) pay the compensation of an attorney ad litem
appointed by a court to represent a proposed ward in a guardianship
proceeding initiated under Chapter 1102, Estates Code; and
(3) fund local guardianship programs that provide
guardians for indigent incapacitated persons who do not have family
members suitable and willing to serve as guardians.
Sec. 135.159. JUDICIAL EDUCATION AND SUPPORT FUND. Money
allocated under Section 135.102 to the judicial education and
support fund maintained in the county treasury as required by
Section 135.151 may be used by a county only to pay:
(1) the continuing education of the judge and staff of
the probate court, including the payment of travel and related
expenses in attending a continuing judicial education activity of
an organization accredited by the supreme court for continuing
judicial education; or
(2) the county's contribution to fund the compensation
required by Section 25.0022, Government Code, for the presiding
judge of the statutory probate court.
Sec. 135.160. PUBLIC PROBATE ADMINISTRATOR FUND. Money
allocated under Section 135.102 to the public probate administrator
fund maintained in the county treasury as required by Section
135.151 may be used by a county only to support the office of public
probate administrator established under Chapter 455, Estates Code.
A county that does not appoint a public probate administrator
subject to Chapter 455, Estates Code, shall deposit the money to the
court-initiated guardianship fund.
Sec. 135.161. JUSTICE COURT SUPPORT FUND. Money allocated
under Section 135.103 to the justice court support fund maintained
in the county treasury as required by Section 135.151 may be used by
a county only to defray the costs of services provided by a justice
court.
ARTICLE 2. GOVERNMENT CODE
SECTION 2.01. Subchapter C, Chapter 22, Government Code, is
amended by adding Section 22.229 to read as follows:
Sec. 22.229. APPELLATE JUDICIAL SYSTEM FUND. (a) An
appellate judicial system fund is established for each court of
appeals to:
(1) assist the court of appeals in the processing of
appeals filed with the court of appeals from the county courts,
statutory county courts, statutory probate courts, and district
courts in the counties the court of appeals serves; and
(2) defray costs and expenses incurred in the
operation of the court of appeals.
(b) To fund the appellate judicial system each county
treasurer shall allocate to the fund the percentage of the local
consolidated filing fee provided by Section 135.101(b)(1) or
135.102(b)(1), Local Government Code.
(c) The fee required under Subsection (b)(2) shall be taxed,
collected, and paid as other court costs in a suit. The clerk of the
court shall collect the fee and pay it to the county treasurer.
(d) The county treasurer shall monthly forward the money
collected under this section to the clerk of the court of appeals
serving the county for deposit in the appellate judicial system
fund. The court of appeals may spend money in the fund for the
purposes described by Subsection (a). Money in the fund may not be
used for any other purpose.
(e) The chief justice of each court of appeals is
responsible for the management of all money deposited in the
appellate judicial system fund for the chief justice's court of
appeals and has sole discretion on use of the money in the fund,
except that the money must be used for purposes consistent with the
purposes described by Subsection (a) for which the fund was
established.
SECTION 2.02. Section 25.00211(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 under Section 51.704] in an amount equal to $40,000
for each statutory probate court judge in the county.
SECTION 2.03. Section 25.00212(a), Government Code, is
amended to read as follows:
(a) At the end of each state fiscal year, the comptroller
shall determine the amounts deposited in the judicial fund by
statutory probate courts [under Section 51.704] and the sum of the
amount paid under Section 25.0022(e) and the total amounts paid to
the counties under Section 25.00211. If the total amount deposited
in the judicial fund [under Section 51.704] by statutory probate
courts in all counties exceeds that sum, the state shall remit the
excess proportionately to each county that deposited a greater
amount in the judicial fund by statutory probate court [under
Section 51.704] than the amount the county was paid under Section
25.00211, as adjusted in an equitable manner to reflect the
differences in the total amounts paid to the counties under Section
25.00211.
SECTION 2.04. Section 25.00213(a), Government Code, is
amended to read as follows:
(a) A contributions fund is created in the county treasury
of each county that receives funds under Section 25.00212 [collects
the additional fees under Section 51.704].
SECTION 2.05. Section 25.0022(e), Government Code, is
amended to read as follows:
(e) In addition to all other compensation, expenses, and
perquisites authorized by law, the presiding judge shall be paid
for performing the duties of a presiding judge an annual salary
equal to the maximum salary authorized by Section 74.051(b) for a
presiding judge of an administrative judicial region. The
presiding judge is entitled to receive reasonable expenses incurred
in administering those duties. The state shall pay $5,000 of the
salary in equal monthly installments from amounts deposited in the
judicial fund [under Section 51.704] and appropriated for that
purpose, and the remainder of the salary and expenses is paid by the
counties that have statutory probate courts, apportioned according
to the number of statutory probate courts in the county.
SECTION 2.06. Section 25.0172(u), Government Code, is
amended to read as follows:
(u) The official court reporter of a county court at law is
entitled to receive an annual salary set by the judge and approved
by the commissioners court at an amount not less than $35,256. [The
official court reporter's fee shall be taxed as costs in civil
actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, and 15 in the same manner as that fee is taxed in district
court. In County Court at Law No. 2, the clerk collects the
official court reporters' fee of $3 and pays it into the county
treasury in the same manner as district clerks are required to
collect and pay costs.]
SECTION 2.07. Section 25.0595(j), Government Code, is
amended to read as follows:
(j) In addition to the uses authorized by Section 135.159
[118.064(b)], Local Government Code, fees collected under Section
135.102 [118.052(2)(A)(vi)], Local Government Code, and deposited
into the judicial education and support fund may be used by Dallas
County for providing staff for the statutory probate courts and for
court-related purposes for the support of the statutory probate
courts. [In determining if the fee produces more revenue than
required as provided by Section 118.064(c), Local Government Code,
the commissioners court shall include the uses authorized by this
subsection.]
SECTION 2.08. Section 25.1102(f), Government Code, is
amended to read as follows:
(f) The official court reporter of a county court at law is
entitled to receive a salary set by the judge of the county court at
law as provided by law for district court reporters. The salary
shall be paid monthly by the commissioners court out of funds
available for that purpose. [The clerk of the court shall tax as
costs in each civil, criminal, or probate case in which a record, or
any part of a record, is made of the evidence a stenographer's fee
of $20. The clerk collects the fees and pays them in to the county's
general fund.]
SECTION 2.09. Section 25.1572(h), Government Code, is
amended to read as follows:
(h) An official court reporter is not required to take
testimony in a case unless the judge or a party demands that
testimony be taken. [In civil and probate cases in which the court
reporter is required to take testimony, the clerk shall assess a $3
fee as costs in the case. The clerk shall collect the fee and
deposit it in the county treasury.] The court reporter shall be
available for matters being considered in the county court if the
parties before the court request a court reporter and the request is
approved by the judge of a county court at law.
SECTION 2.10. Section 25.2702(d), Government Code, is
amended to read as follows:
(d) The judge of the county court at law shall appoint an
official court reporter. The judge may appoint a court
administrator to aid the judge in the performance of the judge's
duties. The official court reporter and the court administrator of
the county court at law are entitled to receive a salary set by the
commissioners courts in the counties the reporter or administrator
serves to be paid out of the county treasuries, either by salary or
by contract as set by the commissioners courts. [The clerk of the
court shall tax as costs, in each civil and probate case in which a
record of any part of the evidence in the case is made by the
reporter, a stenographer's fee of $25. The fee shall be paid in the
same manner as other costs in the case. The clerk collects the fee
and pays it into the general funds of the counties.]
SECTION 2.11. Section 51.302(e), Government Code, is
amended to read as follows:
(e) The commissioners court may establish a contingency
fund to provide the coverage required by Subsection (c) or (d) if it
is determined by the district clerk that insurance coverage is
unavailable at a reasonable cost. [The commissioners court may set
an additional filing fee in an amount not to exceed $5 for each suit
filed to be collected by the district clerk. The fee shall be paid
into the fund. When the contingency fund reaches an amount equal to
that required by Subsection (c) or (d), the clerk shall stop
collecting the additional fee.]
SECTION 2.12. Sections 51.318(a) and (b), Government Code,
are amended to read as follows:
(a) The [In addition to a fee under Section 51.317 the]
district clerk shall collect at the time the service is performed or
at the time the service is requested the fees provided by Subsection
(b) for services performed by the clerk.
(b) The fees are:
(1) for issuing a subpoena, including one copy$8
(2) 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$8
(3) for searching files or records to locate a cause
when the docket number is not provided or [$5
[(4) for searching files or records] to ascertain the
existence of an instrument or record in the district clerk's
office$5
(4) [(5)] for abstracting a judgment$8
(5) for preparation of the clerk's record on appeal,
for each page or part of a page$1
(6) for approving a bond$5 [$4]
(7) for a certified copy of a record, judgment, order,
pleading, or paper on file or of record in the district clerk's
office, printed on paper:
(A) including certificate and seal $5; and
(B) [,] for each page or part of a page [not to
exceed] $1
(8) for a noncertified copy:
(A) printed on paper, for each page or part of a
page [not to exceed] $1;
(B) that is a paper document converted to
electronic format, for each page or part of a page$1; or
(C) that is an electronic copy of an electronic
document:
(i) for each document up to 10 pages in
length$1; and
(ii) for each page or part of a page over 10
pages$0.10.
SECTION 2.13. The heading to Section 51.601, Government
Code, is amended to read as follows:
Sec. 51.601. COURT REPORTER SERVICE FUND [FEE].
SECTION 2.14. Section 51.607, Government Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) Except as provided by Subsection (d) and
notwithstanding [Notwithstanding] the effective date of the law
imposing or changing the amount of a court cost or fee included on
the list, the imposition or change in the amount of the court cost
or fee does not take effect until the next January 1 after the law
takes effect.
(d) Subsection (c) does not apply to a court cost or fee if
the law imposing or changing the amount of the cost or fee takes
effect on or after the January 1 following the regular session of
the legislature at which the law was enacted.
SECTION 2.15. Section 51.851(b), Government Code, is
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.
SECTION 2.16. Section 411.0745(b), Government Code, is
amended to read as follows:
(b) The petition must be accompanied by payment of a [$28
fee to the clerk of the court in addition to any other] fee that
generally applies to the filing of a civil case [petition].
SECTION 2.17. The heading to Section 411.077, Government
Code, is amended to read as follows:
Sec. 411.077. [DISPOSITION OF FEE;] DEPARTMENT OF PUBLIC
SAFETY REPORT.
ARTICLE 3. LOCAL GOVERNMENT CODE
SECTION 3.01. Section 82.003(c), Local Government Code, is
amended to read as follows:
(c) The commissioners court may establish a contingency
fund to provide the coverage required by this section if it is
determined by the county clerk that insurance coverage is
unavailable at a reasonable cost. [The commissioners court may set
an additional filing fee in an amount not to exceed $5 for each suit
filed to be collected by the county clerk. The fee shall be paid
into the fund. When the contingency fund reaches an amount equal to
that required by this section, the clerk shall stop collecting the
additional fee.]
SECTION 3.02. Sections 118.051 and 118.052, Local
Government Code, are amended to read as follows:
Sec. 118.051. CLERICAL DUTIES. The [Except as provided by
Section 118.067, the] fees listed in this subchapter for county
civil court dockets under Section 118.052(1) and county probate
court dockets under Section 118.052(2) are fees for all clerical
duties performed in connection with the docket, including:
(1) filing, registering or recording, docketing, and
taxing costs for an application, will, complaint, petition, return,
document, or proceeding;
(2) issuing and recording the return of a citation,
notice, subpoena, commission to take depositions, execution while
the docket is still open (civil docket), garnishment before
judgment (civil docket), order, writ, process, or any other
document authorized or required to be issued by the clerk on which a
return must be recorded;
(3) attendances in court as clerk of the court;
(4) impaneling a jury (civil docket);
(5) swearing witnesses;
(6) approving bonds involved in court action; and
(7) administering oaths.
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
shall collect the following fees for services rendered to any
person:
(1) CIVIL COURT ACTIONS
(A) Filing of [Original Action (Sec. 118.053):
[(i)] Garnishment after judgment . . .
$15.00
[(ii) All others . . . $40.00]
(B) [Filing of Action Other than Original (Sec.
118.054) . . . $30.00
[(C)] Services Rendered After Judgment in
Original Action (Sec. 118.0545):
(i) Abstract of judgment . . . $ 8.00
[5.00]
(ii) Execution, order of sale, writ, or
other process . . . $ 8.00 [5.00]
(2) PROBATE COURT ACTIONS
(A) [Probate Original Action (Sec. 118.055):
[(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 . . . $40.00
[(ii) Community survivors . . . $40.00
[(iii) Small estates . . . $40.00
[(iv) Declarations of heirship . . . $40.00
[(v) Mental health or chemical dependency
services . . . $40.00
[(vi) Additional, special fee (Sec.
118.064) . . . $ 5.00
[(B)] Services in Pending Probate Action (Sec.
118.056):
(i) Filing an inventory and appraisement as
provided by Section 118.056(d) . . . $25.00
(ii) Approving and recording bond . . .
$ 5.00 [3.00]
(iii) Administering oath . . . $ 2.00
(iv) Filing annual or final account of
estate . . . $25.00
(v) Filing application for sale of real or
personal property . . . $25.00
(vi) Filing annual or final report of
guardian of a person . . . $10.00
(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, if more than
25 pages . . . $25.00
(B) [(C) Adverse Probate Action (Sec. 118.057)
. . . $40.00
[(D)] Claim Against Estate (Sec. 118.058) . . .
$10.00
[(E) Supplemental Court-Initiated Guardianship
Fee in Probate Original Actions and Adverse Probate Actions (Sec.
118.067) . . . $20.00
[(F) Supplemental Public Probate Administrator
Fee For Counties That Have Appointed a Public Probate Administrator
(Sec. 118.068) . . . $10.00]
(3) OTHER FEES
(A) Issuing Document (Sec. 118.059):
original document and one copy . . . $ 8.00 [4.00]
each additional set of an original and one copy . . . $ 8.00
[4.00]
(B) Certified Papers (Sec. 118.060):
for the clerk's certificate . . . $ 5.00
plus a fee per page or part of a page of . . . $ 1.00
(C) Noncertified Papers (Sec. 118.0605):
printed on paper, for each page or part of a page . . . $ 1.00
paper converted to electronic format, for each page or part
of a page . . . $ 1.00
electronic copy of an electronic document:
(i) for each document up to 10 pages in
length . . . $ 1.00; and
(ii) for each page or part of a page over 10
pages . . . $ 0.10
(D) Letters Testamentary, Letter of
Guardianship, Letter of Administration, or Abstract of Judgment
(Sec. 118.061) . . . $ 2.00
(E) Deposit and Safekeeping of Wills (Sec.
118.062) . . . $ 5.00
(F) Mail Service of Process (Sec. 118.063) . . .
same as sheriff
(G) Searching files or records to locate a cause
when the docket number is not provided [Records Management and
Preservation Fee] . . . $ 5.00
(H) Records Technology and Infrastructure Fee if
authorized by the commissioners court of the county (Sec. 118.026)
. . . $ 2.00
(I) Preparation of the clerk's record for appeal,
per page or part of a page . . . $1.00
SECTION 3.03. Section 118.0545, Local Government Code, is
amended by adding Subsection (b-1) and amending Subsection (e) to
read as follows:
(b-1) The fee for "Preparation of the clerk's record for
appeal" under Section 118.052(1) is for preparation of the clerk's
record for appeal.
(e) In this section, "original action" includes an appeal
from a justice of the peace or a corporation court and a transfer of
an action from another jurisdiction [has the meaning assigned by
Section 118.053].
SECTION 3.04. Section 118.056(c), Local Government Code, as
amended by Chapter 66, Acts of the 76th Legislature, Regular
Session, 1999, is amended to read as follows:
(c) Each fee shall be paid [in cash] at the time of the
filing or the rendering of the service and is in addition to other
fees prescribed by Section 118.052.
SECTION 3.05. Section 118.059(c), Local Government Code, is
amended to read as follows:
(c) In this section, "document" includes a subpoena,
citation, notice, commission to take depositions, execution,
order, writ, process, or other instrument or paper authorized or
required to be issued by the clerk.
SECTION 3.06. Subchapter C, Chapter 118, Local Government
Code, is amended by adding Section 118.070 to read as follows:
Sec. 118.070. FEE FOR SEARCH OF RECORDS. The clerk of a
county court may collect a fee for searching files or records to
locate a cause when the docket number is not provided.
SECTION 3.07. Section 118.101, Local Government Code, is
amended to read as follows:
Sec. 118.101. FEE SCHEDULE. The county judge shall collect
the following fees in probate matters:
(1) Probate of a will $2.00
(2) Granting letters testamentary, letter of
guardianship, or letter of administration $2.00
(3) Order of sale $2.00
(4) Approval and confirmation of sale $2.00
(5) Decree refusing order of sale or confirmation of
sale $2.00
(6) Decree of partition and distribution $2.00
(7) Decree approving or setting aside the report of a
commissioner of partition and distribution $2.00
(8) Decree removing an executor, administrator or
guardian (with the fee to be paid by that executor, administrator,
or guardian) $1.00
(9) Fiat or certificate $2.00
(10) Continuance $0.10
(11) Orders for which another fee is not prescribed
$2.00
(12) Administering oath or affirmation with
certificate and seal $2.00
(13) Administering oath or affirmation without
certificate and seal $0.25
[(14) Records technology and infrastructure, if
authorized by the commissioners court of the county $2.00]
SECTION 3.08. Section 118.121, Local Government Code, is
amended to read as follows:
Sec. 118.121. FEE SCHEDULE. A justice of the peace shall
collect the following fees for services rendered [to any person:
[(1) Services rendered before judgment (Sec.
118.122):
[(A) Justice court$25.00
[(B) Small claims court$25.00
[(2) Services rendered] after judgment (Sec.
118.123):
(1) [(A)] Transcript$10.00
(2) [(B)] Abstract of judgment$5.00
(3) [(C)] Execution, order of sale, writ of
restitution, or other writ or process$5.00 per page
Certified copy of court papers$2.00 for
first page
$0.25 for each additional page
Issuing other document
(no return required)$1.00 for
first page
$0.25 for each additional page
SECTION 3.09. Section 133.051, Local Government Code, is
amended to read as follows:
Sec. 133.051. COLLECTION AND REMITTANCE OF FEES. (a) A
municipality or county shall collect, record, account for, and
remit to the comptroller all fees in the manner provided by this
subchapter, except fees paid under Section 133.151 using the
electronic filing system established under Section 72.031,
Government Code.
(b) Fees paid under Section 133.151 using the electronic
filing system established under Section 72.031, Government Code,
shall be remitted directly to the treasury by the Office of Court
Administration of the Texas Judicial System for disbursement and
deposit as provided by that section.
SECTION 3.10. Section 133.055(a), Local Government Code, is
amended to read as follows:
(a) For fees paid to an officer of a court and not using the
electronic filing system established under Section 72.031,
Government Code, on [On] or before the last day of the month
following each calendar quarter, the treasurer shall:
(1) remit to the comptroller the money from all fees
collected during the preceding quarter, except as provided by
Section 133.058; and
(2) submit to the comptroller the report required
under Section 133.056 for criminal fees and Section 133.057 for
civil fees.
SECTION 3.11. 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 or fine:
(1) for the judicial fund;
(2) under Article 42A.303 or 42A.653, Code of Criminal
Procedure;
(3) under Section 51.851, Government Code; or
(4) for any state consolidated filing fee under
Section 133.151 [51.971, Government Code].
SECTION 3.12. Section 203.003, Local Government Code, is
amended to read as follows:
Sec. 203.003. DUTIES OF COMMISSIONERS COURT. The
commissioners court of each county shall:
(1) promote and support the efficient and economical
management of records of all elective offices in the county to
enable elected county officers to conform to this subtitle and
rules adopted under it;
(2) facilitate the creation and maintenance of records
containing adequate and proper documentation of the organization,
functions, policies, decisions, procedures, and essential
transactions of each elective office and designed to furnish the
information necessary to protect the legal and financial rights of
the local government, the state, and the persons affected by the
activities of the local government;
(3) facilitate the identification and preservation of
the records of elective offices that are of permanent value;
(4) facilitate the identification and protection of
the essential records of elective offices;
(5) establish a county clerk records management and
preservation fund for fees subject to Section 118.0216 and approve
in advance any expenditures from the fund; and
(6) establish a records management and preservation
account [fund] for the records management and preservation fees
authorized under Sections [118.052, 118.0546, and 118.0645]
135.101 and 135.102, [and Section 51.317, Government Code,] and
approve in advance any expenditures from the fund, which may be
spent only for records management preservation or automation
purposes in the county.
SECTION 3.13. The heading to Section 291.008, Local
Government Code, is amended to read as follows:
Sec. 291.008. DOCUMENT FILING FEE [FOR SECURITY].
SECTION 3.14. Section 291.008(d), Local Government Code, is
amended to read as follows:
(d) The [If a commissioners court sets a security fee under
Subsection (a) of this section, the] county and district clerks
shall collect a fee of $1 for filing any document not subject to a
filing fee under Section 118.052(2), 135.101, or 135.102 [the
security fee]. The county is not liable for the costs. The county
or district clerk, as appropriate, shall collect this fee.
SECTION 3.15. Sections 323.023(a) and (b), Local Government
Code, are amended to read as follows:
(a) The [A sum set by the] commissioners court [not to
exceed $35] shall establish a county law library fund [be taxed,
collected, and paid as other costs in each civil case filed in a
county or district court, except suits for delinquent taxes. The
county is not liable for the costs].
(b) The [clerks of the respective courts shall collect the
costs and pay them to the county treasurer, or to any other official
who discharges the duties commonly delegated to the county
treasurer, for deposit in a fund to be known as the] county law
library fund[. The fund] may be used only for:
(1) establishing the law library after the entry of
the order creating it;
(2) purchasing or leasing library materials,
maintaining the library, or acquiring furniture, shelving, or
equipment for the library;
(3) purchasing or leasing library materials or
acquiring library equipment, including computers, software, and
subscriptions to obtain access to electronic research networks for
use by judges in the county; or
(4) establishing and maintaining a self-help center to
provide resources to county residents representing themselves in
legal matters.
ARTICLE 4. OTHER CONFORMING AMENDMENTS
SECTION 4.01. Section 12.005(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) The fee for filing an action under this chapter is the
fee that generally applies to the filing of a civil case [$15. The
plaintiff must pay the fee to the clerk of the court in which the
action is filed. Except as provided by Subsection (b), the
plaintiff may not be assessed any other fee, cost, charge, or
expense by the clerk of the court or other public official in
connection with the action].
SECTION 4.02. Article 102.017(a), Code of Criminal
Procedure, is amended to read as follows:
(a) The courthouse security fund is a fund in the county
treasury, and the municipal court building security fund is a fund
in the municipal treasury. The funds consist of money allocated to
the funds under Sections 134.101, 134.102, [and] 134.103, 135.101,
and 135.102, Local Government Code.
SECTION 4.03. Section 54.041(a), Family Code, is amended to
read as follows:
(a) When a child has been found to have engaged in
delinquent conduct or conduct indicating a need for supervision and
the juvenile court has made a finding that the child is in need of
rehabilitation or that the protection of the public or the child
requires that disposition be made, the juvenile court, on notice by
any reasonable method to all persons affected, may:
(1) order any person found by the juvenile court to
have, by a wilful act or omission, contributed to, caused, or
encouraged the child's delinquent conduct or conduct indicating a
need for supervision to do any act that the juvenile court
determines to be reasonable and necessary for the welfare of the
child or to refrain from doing any act that the juvenile court
determines to be injurious to the welfare of the child;
(2) enjoin all contact between the child and a person
who is found to be a contributing cause of the child's delinquent
conduct or conduct indicating a need for supervision; or
(3) after notice and a hearing of all persons affected
order any person living in the same household with the child to
participate in social or psychological counseling to assist in the
rehabilitation of the child and to strengthen the child's family
environment[; or
[(4) after notice and a hearing of all persons
affected order the child's parent or other person responsible for
the child's support to pay all or part of the reasonable costs of
treatment programs in which the child is required to participate
during the period of probation if the court finds the child's parent
or person responsible for the child's support is able to pay the
costs].
SECTION 4.04. Section 61.002(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (b), this chapter
applies to a proceeding to enter a juvenile court order:
(1) for payment of probation fees under Section
54.061;
(2) for restitution under Sections 54.041(b) and
54.048;
(3) [for payment of graffiti eradication fees under
Section 54.0461;
[(4)] for community service under Section 54.044(b);
(4) [(5) for payment of costs of court under Section
54.0411 or other provisions of law;
[(6)] requiring the person to refrain from doing any
act injurious to the welfare of the child under Section
54.041(a)(1);
(5) [(7)] enjoining contact between the person and the
child who is the subject of a proceeding under Section
54.041(a)(2);
(6) [(8)] ordering a person living in the same
household with the child to participate in counseling under Section
54.041(a)(3);
(7) [(9)] requiring a parent or other eligible person
to pay reasonable attorney's fees for representing the child under
Section 51.10(e);
(8) [(10)] requiring the parent or other eligible
person to reimburse the county for payments the county has made to
an attorney appointed to represent the child under Section
51.10(j);
(9) [(11)] requiring payment of deferred prosecution
supervision fees under Section 53.03(d);
(10) [(12)] requiring a parent or other eligible
person to attend a court hearing under Section 51.115;
(11) [(13)] requiring a parent or other eligible
person to act or refrain from acting to aid the child in complying
with conditions of release from detention under Section 54.01(r);
(12) [(14)] requiring a parent or other eligible
person to act or refrain from acting under any law imposing an
obligation of action or omission on a parent or other eligible
person because of the parent's or person's relation to the child who
is the subject of a proceeding under this title;
[(15) for payment of fees under Section 54.0462;] or
(13) [(16)] for payment of the cost of attending an
educational program under Section 54.0404.
SECTION 4.05. Section 231.202, Family Code, is amended to
read as follows:
Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D
CASES. In a Title IV-D case filed under this title, including a
case filed under Chapter 159, the Title IV-D agency shall pay only
the following costs and fees:
(1) filing fees and fees for issuance and service of
process as provided by Chapter 110 of this code and by Sections
[51.317(b)(1), (2), and (3) and (b-1),] 51.318(b)(2)[,] and
51.319(2), Government Code;
(2) fees for transfer as provided by Chapter 110;
(3) fees for the issuance and delivery of orders and
writs of income withholding in the amounts provided by Chapter 110;
(4) the fee for services provided by sheriffs and
constables, including:
(A) a fee authorized under Section 118.131, Local
Government Code, for serving each item of process to each
individual on whom service is required, including service by
certified or registered mail; and
(B) a fee authorized under Section 157.103(b) for
serving a capias;
(5) the fee for filing an administrative writ of
withholding under Section 158.503(d); and
(6) the fee for issuance of a subpoena as provided by
Section 51.318(b)(1), Government Code[; and
[(7) a fee authorized by Section 72.031, Government
Code, for the electronic filing of documents with a clerk].
SECTION 4.06. Section 571.018(b), Health and Safety Code,
is amended to read as follows:
(b) The county responsible for the costs of a hearing or
proceeding under Subsection (a) shall pay the costs of all
subsequent hearings or proceedings for that person under this
subtitle until the person is discharged from mental health
services. [The county may not pay the costs from any fees collected
under Section 51.704, Government Code.] The costs shall be billed
by the clerk of the court conducting the hearings.
SECTION 4.07. 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;
[(5)] judge's fee imposed by Section 25.0008 or
25.0029, Government Code;
(4) [(6)] cost or security fee imposed by Section
53.051, 53.052, 1053.051, or 1053.052, Estates Code; or
(5) [(7)] fee imposed by a county officer under
Section 118.011 or 118.052, Local Government Code.
SECTION 4.08. 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;
[(4)] a judge's fee imposed by Section 25.0008 or
25.0029, Government Code;
(3) [(5)] a cost or security fee imposed by Section
53.051, 53.052, 1053.051, or 1053.052, Estates Code; or
(4) [(6)] a fee imposed by a county officer under
Section 118.011 or 118.052, Local Government Code.
SECTION 4.09. Section 21.013(c), Property Code, is amended
to read as follows:
(c) A party initiating a condemnation proceeding in a county
in which there is not a county court at law must file the
condemnation petition with the district clerk. The filing fee
shall be due at the time of filing [in accordance with Section
51.317, Government Code].
ARTICLE 5. REPEALERS
SECTION 5.01. (a) The following provisions of the Civil
Practice and Remedies Code are repealed:
(1) Sections 12.005(b) and (d);
(2) Sections 21.051 and 126.012; and
(3) Sections 152.004 and 152.005.
(b) The following provisions of the Family Code are
repealed:
(1) Sections 54.032(e), (g), and (h);
(2) Sections 54.0325(g) and (h);
(3) Section 54.0411;
(4) Sections 54.0461 and 54.0462;
(5) Section 54.047(f);
(6) Section 54.06(a); and
(7) Sections 108.006(b) and (c).
(c) The following provisions of the Government Code are
repealed:
(1) Sections 22.2021, 22.2031, 22.2041, 22.2051,
22.2061, 22.2071, 22.2081, 22.2091, 22.2101, 22.2121, 22.2131, and
22.2141;
(2) Section 25.0862(i);
(3) Section 25.1862(l);
(4) Sections 26.007 and 26.008;
(5) Section 51.305;
(6) Section 51.317;
(7) Sections 51.601(a), (a-1), (b), and (e);
(8) Section 51.604;
(9) Sections 51.702, 51.703, and 51.704;
(10) Sections 51.705, 51.706, 51.707, and 51.708;
(11) Sections 51.709, 51.710, 51.711, and 51.713;
(12) Sections 51.851(c), (g), and (j);
(13) Subchapter M, Chapter 51;
(14) Subchapter N, Chapter 51;
(15) Section 54A.110(d); and
(16) Section 411.077(a).
(d) Subtitle I, Title 2, Government Code, is repealed as
duplicative of the substantive provisions referenced in the
subtitle.
(e) Section 194.002(e), Health and Safety Code, is
repealed.
(f) The following provisions of the Human Resources Code are
repealed:
(1) Section 152.0492;
(2) Sections 152.1074(f) and (g);
(3) Section 152.1322;
(4) Sections 152.1752(b), (c), (d), and (e);
(5) Section 152.1844; and
(6) Sections 152.1873, 152.1874, 152.2183, and
152.2496.
(g) The following provisions of the Local Government Code
are repealed:
(1) Sections 118.053, 118.054, 118.0546, and 118.055;
(2) Section 118.056, Local Government Code, as amended
by Chapter 1001, Acts of the 76th Legislature, Regular Session,
1999;
(3) Sections 118.057, 118.064, 118.0645, 118.067,
118.068, and 118.069;
(4) Sections 118.102 and 118.122;
(5) Section 133.058(c);
(6) Sections 133.152, 133.153, and 133.154;
(7) Sections 291.008(a), (b), (c), and (e); and
(8) Section 291.009.
(h) Section 2308.457, Occupations Code, is repealed.
(i) Section 21.047(c), Property Code, is repealed.
(j) Section 372.107(c), Transportation Code, is repealed.
(k) Article 7818, Revised Statutes, is repealed.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. This Act takes effect January 1, 2022.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 41 passed the Senate on
May 5, 2021, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendments on May 29, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 41 passed the House, with
amendments, on May 26, 2021, by the following vote: Yeas 127,
Nays 20, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor