Bill Text: TX SB41 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the consolidation and allocation of state civil court costs; increasing certain civil court costs; authorizing fees.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-14 - Effective on 1/1/22 [SB41 Detail]
Download: Texas-2021-SB41-Engrossed.html
Bill Title: Relating to the consolidation and allocation of state civil court costs; increasing certain civil court costs; authorizing fees.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-14 - Effective on 1/1/22 [SB41 Detail]
Download: Texas-2021-SB41-Engrossed.html
By: Zaffirini, et al. | S.B. No. 41 |
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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 [ |
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imposed under Section 133.151; | ||
(2) [ |
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statutory probate courts under Section 51.704, Government Code; | ||
(3) [ |
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(4) [ |
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fund collected under Section 118.018; and | ||
(5) [ |
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marriage fees for the child abuse and neglect prevention trust fund | ||
account collected under Section 118.022[ |
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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 [ |
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clerk of a district court, statutory county court, or county court | ||
shall collect: | ||
(1) a fee in the amount of $137 [ |
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the filing of any civil case; and | ||
(2) a fee in the amount of $45 on any subsequent | ||
filing, including an appeal and any counterclaim, cross-action, | ||
intervention, contempt action, interpleader, motion for new trial, | ||
or third-party action [ |
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(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 subsequent | ||
filing, 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 [ |
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collected and remitted to the comptroller either: | ||
(1) directly for fees paid using the electronic filing | ||
system established under Section 72.031, Government Code; or | ||
(2) 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) [ |
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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; [ |
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(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 and 135.102. | ||
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 and 135.102, 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 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 fee and court costs a local consolidated | ||
filing fee of: | ||
(1) $213 on filing any civil case; and | ||
(2) $35 on any subsequent filing, including an appeal | ||
and any counterclaim, cross-action, intervention, contempt action, | ||
interpleader, motion for new trial, or third-party action. | ||
(b) The 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 fund 9.3897 percent; | ||
(3) the clerk of the court account 23.4742 percent; | ||
(4) the county records management and preservation | ||
account 14.0845 percent; | ||
(5) the court reporter service fund 11.7371 percent; | ||
(6) the county law library fund 16.4319 percent; | ||
(7) the courthouse security fund 9.3897 percent; | ||
(8) the language access fund 1.4085 percent; | ||
(9) the county jury fund 4.6948 percent; and | ||
(10) the county dispute resolution fund 7.0423 | ||
percent. | ||
(c) The 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 CONSOLIDATED CIVIL FEE FOR JUSTICE | ||
COURT. (a) In addition to all other fee 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 subsequent filing, | ||
including an appeal and any counterclaim, cross-action, | ||
intervention, contempt action, interpleader, motion for new trial, | ||
or third-party action. | ||
(b) The 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 or | ||
135.102, 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 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 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 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 or 135.102 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 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 or 135.102 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. JUSTICE COURT SUPPORT FUND. Money allocated | ||
under Section 135.102 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. | ||
SECTION 1.04. The heading to Section 51.601, Government | ||
Code, is amended to read as follows: | ||
Sec. 51.601. COURT REPORTER SERVICE FUND [ |
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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: | ||
(1) each county treasurer shall allocate to the fund | ||
the portion of the local consolidated filing fee set by Section | ||
135.101(b)(1), Local Government Code; and | ||
(2) the clerk of each statutory probate court in the | ||
county shall collect a $5 fee in each civil case filed in the court. | ||
(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. | ||
SECTION 2.02. 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. [ |
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SECTION 2.03. 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. [ |
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SECTION 2.04. 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. [ |
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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 2.05. 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. [ |
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SECTION 2.06. Section 51.207(g), Government Code, is | ||
amended to read as follows: | ||
(g) The [ |
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shall be deposited to the credit of the judicial fund. | ||
SECTION 2.07. 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. [ |
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SECTION 2.08. Sections 51.318(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The [ |
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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 [ |
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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 [ |
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[ |
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existence of an instrument or record in the district clerk's | ||
office$5 | ||
(4) [ |
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(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 [ |
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(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) [ |
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(8) for a noncertified copy: | ||
(A) printed on paper, for each page or part of a | ||
page [ |
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(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 2.09. Sections 51.851(b) and (g), 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, a court of appeals, [ |
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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. | ||
(g) The clerk of [ |
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appropriate local treasury and remit the fees to the comptroller in | ||
the manner provided by Subchapter B, Chapter 133, Local Government | ||
Code. | ||
SECTION 2.10. Section 411.0745(b), Government Code, is | ||
amended to read as follows: | ||
(b) The petition must be accompanied by payment of a [ |
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generally applies to the filing of a civil case [ |
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SECTION 2.11. The heading to Section 411.077, Government | ||
Code, is amended to read as follows: | ||
Sec. 411.077. [ |
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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. [ |
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SECTION 3.02. Section 118.052, Local Government Code, is | ||
amended to read as follows: | ||
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 [ |
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$15.00 | ||
[ |
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(B) [ |
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[ |
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Original Action (Sec. 118.0545): | ||
(i) Abstract of judgment . . . $ 8.00 | ||
[ |
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(ii) Preparation of the clerk's record for | ||
appeal, per page or part of a page . . . $ 1.00 | ||
(iii) Execution, order of sale, writ, or | ||
other process . . . $ 8.00 [ |
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(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 [ |
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(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 | ||
(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 [ |
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each additional set of an original and one copy . . . $ 8.00 | ||
[ |
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(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 or to ascertain the existence | ||
of an instrument or record in the county clerk's office [ |
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(H) Records Technology and Infrastructure Fee if | ||
authorized by the commissioners court of the county (Sec. 118.026) | ||
. . . $ 2.00 | ||
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 [ |
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SECTION 3.04. Section 118.055(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The fee for "Probate Original Action" under Section | ||
118.052(2)(A) is for all clerical duties in connection with an | ||
original action in a statutory probate court. | ||
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 shall collect a fee for searching files or records to | ||
locate a cause when the docket number is not provided or to | ||
ascertain the existence of an instrument or record in the county | ||
clerk's office. | ||
SECTION 3.07. 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 [ |
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[ |
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[ |
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[ |
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[ |
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118.123): | ||
(1) [ |
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(2) [ |
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(3) [ |
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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 3.08. Section 133.051, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 133.051. COLLECTION AND REMITTANCE OF FEES. (a) | ||
Subject to Subsection (b), a [ |
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collect, record, account for, and remit to the comptroller all fees | ||
in the manner provided by this subchapter. | ||
(b) Fees paid under Section 133.151, 135.101, or 135.102 | ||
using the electronic filing system established under Section | ||
72.031, Government Code, shall be remitted directly to the | ||
comptroller for disbursement and deposit as provided by those | ||
sections. | ||
(c) Each day funds are remitted to the comptroller, the | ||
Office of Court Administration of the Texas Judicial System shall | ||
submit to the comptroller a report of the fees remitted as described | ||
by Subsection (b). | ||
SECTION 3.09. 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 [ |
||
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 3.10. 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 [ |
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SECTION 3.11. 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 [ |
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authorized under Sections [ |
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135.101, [ |
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advance any expenditures from the fund, which may be spent only for | ||
records management preservation or automation purposes in the | ||
county. | ||
SECTION 3.12. The heading to Section 291.008, Local | ||
Government Code, is amended to read as follows: | ||
Sec. 291.008. DOCUMENT FILING FEE [ |
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SECTION 3.13. Section 291.008(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) The [ |
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shall collect a fee of $1 for filing any document not subject to a | ||
filing fee under Section 118.052(2) or 135.101 [ |
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The county is not liable for the costs. The county or district | ||
clerk, as appropriate, shall collect this fee. | ||
SECTION 3.14. Sections 323.023(a) and (b), Local Government | ||
Code, are amended to read as follows: | ||
(a) The [ |
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(b) The [ |
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library fund[ |
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(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 [ |
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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, [ |
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135.101, 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[ |
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[ |
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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) [ |
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[ |
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(4) [ |
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[ |
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act injurious to the welfare of the child under Section | ||
54.041(a)(1); | ||
(5) [ |
||
child who is the subject of a proceeding under Section | ||
54.041(a)(2); | ||
(6) [ |
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household with the child to participate in counseling under Section | ||
54.041(a)(3); | ||
(7) [ |
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to pay reasonable attorney's fees for representing the child under | ||
Section 51.10(e); | ||
(8) [ |
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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) [ |
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supervision fees under Section 53.03(d); | ||
(10) [ |
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person to attend a court hearing under Section 51.115; | ||
(11) [ |
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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) [ |
||
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; | ||
[ |
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(13) [ |
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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 | ||
[ |
||
51.319(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[ |
||
[ |
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SECTION 4.06. 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 | ||
[ |
||
(2) transfer fee imposed by Section 110.002 or | ||
110.005, Family Code; | ||
(3) [ |
||
[ |
||
[ |
||
25.0029, Government Code; | ||
(4) [ |
||
53.051, 53.052, 1053.051, or 1053.052, Estates Code; or | ||
(5) [ |
||
Section 118.011 or 118.052, Local Government Code. | ||
SECTION 4.07. 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 [ |
||
Government Code; | ||
(2) [ |
||
[ |
||
[ |
||
25.0029, Government Code; | ||
(3) [ |
||
53.051, 53.052, 1053.051, or 1053.052, Estates Code; or | ||
(4) [ |
||
Section 118.011 or 118.052, Local Government Code. | ||
SECTION 4.08. 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 [ |
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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 and 51.703; | ||
(10) Section 51.704(i); | ||
(11) Sections 51.705, 51.706, 51.707, and 51.708; | ||
(12) Sections 51.709, 51.710, 51.711, and 51.713; | ||
(13) Section 51.851(c); | ||
(14) Subchapter M, Chapter 51; | ||
(15) Subchapter N, Chapter 51; | ||
(16) Section 54A.110(d); and | ||
(17) 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 and 118.069; | ||
(2) Sections 118.054, 118.0546, and 118.122; | ||
(3) Section 133.058(c); | ||
(4) Sections 133.152, 133.153, and 133.154; | ||
(5) Sections 291.008(a), (b), (c), and (e); and | ||
(6) 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, Vernon's Texas Civil Statutes, is | ||
repealed. | ||
ARTICLE 6. EFFECTIVE DATE | ||
SECTION 6.01. This Act takes effect September 1, 2021. |