This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
S.B. No. 291
AN ACT
relating to the index of court fees and costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.061, Government Code, is amended to
read as follows:
Sec. 101.061. DISTRICT COURT FEES AND COSTS. The clerk of a
district court shall collect fees and costs as follows:
(1) filing fee in action with respect to a fraudulent
court record or fraudulent lien or claim filed against property
(Sec. 12.005, Civil Practice and Remedies Code) . . . $15;
(2) fee for service of notice of action with respect to
a fraudulent court record or fraudulent lien or claim filed against
property (Sec. 12.005, Civil Practice and Remedies Code) . . . not
to exceed $20, if notice delivered in person, or the cost of
postage, if service is by registered or certified mail;
(3) court cost in certain civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(4) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(5) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) for each civil suit filed, for court-related
purposes for the support of the judiciary and for civil legal
services to an indigent:
(i) for family law cases and proceedings as
defined by Section 25.0002, Government Code (Sec. 133.151, Local
Government Code) . . . $45; or
(ii) for any case other than a case
described by Subparagraph (i) (Sec. 133.151, Local Government
Code) . . . $50;
(C) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; and
(D) on the filing of any civil action or
proceeding requiring a filing fee, including an appeal, and on the
filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee, to fund
civil legal services for the indigent:
(i) for family law cases and proceedings as
defined by Section 25.0002, Government Code (Sec. 133.152, Local
Government Code) . . . $5; or
(ii) for any case other than a case
described by Subparagraph (i) (Sec. 133.152, Local Government
Code) . . . $10;
(6) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs (Sec.
51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(7) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(8) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government
Code) . . . $8;
(9) for records management and preservation (Sec.
51.317, Government Code) . . . $10;
(10) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(11) for issuing a citation, commission for
deposition, writ of execution, order of sale, writ of execution and
order of sale, writ of injunction, writ of garnishment, writ of
attachment, or writ of sequestration not provided for in Section
51.317, or any other writ or process not otherwise provided for,
including one copy if required by law (Sec. 51.318, Government
Code) . . . $8;
(12) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(13) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(14) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(15) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(16) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . $1;
(17) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(18) jury fee (Sec. 51.604, Government
Code) . . . $30;
(19) for filing a report of divorce or annulment (Sec.
194.002, Health and Safety Code) . . . $1;
(20) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $4;
(21) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code, if authorized by the county commissioners court (Sec. 51.961,
Government Code) . . . not to exceed $15;
(22) fee on filing a suit for dissolution of a marriage
for services of child support department in Harris County, if
authorized by the county commissioners court (Sec. 152.1074, Human
Resources Code) . . . not to exceed $12;
(22-a) a child support service fee in Nueces County if
ordered by the commissioners court and assessed by the court (Sec.
152.1844, Human Resources Code) . . . not to exceed $5 a month
payable annually in advance;
(22-b) a service fee to be paid by a person ordered by
a district court to pay child or spousal support:
(A) in Collin County if authorized by the
juvenile board (Sec. 152.0492, Human Resources Code) . . . not to
exceed $2.50 added to first support payment each month;
(B) in Johnson County if authorized by the
juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00
added to first support payment each month; and
(C) in Montague County (Sec. 152.1752, Human
Resources Code) . . . $1 if fee is ordered to be paid monthly, 50
cents if fee is ordered to be paid semimonthly or weekly;
(22-c) attorney's fees as an additional cost in
Montague County on a finding of contempt of court for failure to pay
child or spousal support if the contempt action is initiated by the
probation department (Sec. 152.1752, Human Resources
Code) . . . $15;
(23) fee on filing a suit requesting an adoption in
Montague County (Sec. 152.1752, Human Resources Code) . . . $25;
(24) court cost on citation for contempt of court for
failure to comply with child support order in Nueces County, if
authorized by the commissioners court (Sec. 152.1844, Human
Resources Code) . . . not to exceed $10;
(25) fee on filing a suit for divorce in Orange County
(Sec. 152.1873, Human Resources Code) . . . not less than $5;
(26) court costs on citation for contempt of court in
Orange County for failure to comply with a child support order or
order providing for possession of or access to a child (Sec.
152.1873, Human Resources Code) . . . amount determined by
district clerk;
(27) fee on filing a suit requesting an adoption in
Orange County (Sec. 152.1874, Human Resources Code) . . . not less
than $25;
(28) fee on filing a suit requesting an adoption in
Wichita County (Sec. 152.2496, Human Resources Code) . . . $100;
(29) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(30) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(31) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government
Code) . . . not to exceed $20;
(32) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(33) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(34) at a hearing held by an associate judge in Dallas
County, a court cost to preserve the record, in the absence of a
court reporter, by other means (Sec. 54.509, Government
Code) . . . as assessed by the referring court or associate judge;
[and]
(35) at a hearing held by an associate judge in Duval
County, a court cost to preserve the record (Sec. 54.1151,
Government Code, as added by Chapter 1150, Acts of the 78th
Legislature, Regular Session, 2003) . . . as imposed by the
referring court or associate judge;
(36) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(37) monthly payment for remaining court fees and
costs after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid;
(38) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding;
(39) fee for performing a service:
(A) related to the matter of the estate of a
deceased person (Sec. 51.319, Government Code) . . . the same fee
allowed the county clerk for those services;
(B) related to the matter of a minor (Sec.
51.319, Government Code) . . . the same fee allowed the county
clerk for the service;
(C) of serving process by certified or registered
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code; and
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable
fee;
(40) court costs, which may include expert witness
fees in Travis County in an action in which the plaintiff prevails
against an insurer for economic damages sustained by the plaintiff
as a result of unfair discrimination (Sec. 544.054, Insurance
Code) . . . court costs and reasonable and necessary expert
witness fees;
(41) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding;
(42) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate
Code) . . . probable cost of the guardianship proceeding; and
(43) fee for filing an additional petition for review
of an appraisal review board order relating to certain regulated
property running through or operating in more than one county after
the first petition for review relating to the same property is filed
for a tax year (Sec. 42.221, Tax Code) . . . $5.
SECTION 2. Section 101.081, Government Code, is amended to
read as follows:
Sec. 101.081. STATUTORY COUNTY COURT FEES AND COSTS. The
clerk of a statutory county court shall collect fees and costs as
follows:
(1) court cost in certain civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(2) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(3) an official court reporter fee, County Court at
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
(4) a court reporter fee when testimony is taken in a
county court at law in McLennan County (Sec. 25.1572, Government
Code) . . . $3;
(5) a stenographer fee, if a record or part of a record
is made:
(A) in a county court at law in Hidalgo County
(Sec. 25.1102, Government Code) . . . $20; and
(B) in a county court at law in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(6) jury fee (Sec. 51.604, Government
Code) . . . $22;
(7) an additional filing fee:
(A) for each civil case filed to be used for
court-related purposes for the support of the judiciary, if
authorized by the county commissioners court (Sec. 51.702,
Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; and
(C) for filing any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee, to fund civil legal
services for the indigent (Sec. 133.153, Local Government
Code) . . . $5;
(8) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(9) fee for judge's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(10) fee for prosecutor's services on an application
for court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(11) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $4;
(12) additional filing fee to fund contingency fund
for liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(13) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(14) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
after the 120th day after the date of the initial filing of the
action (Sec. 118.052, Local Government Code) . . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code) . . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
and
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government
Code) . . . $10;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; and
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2;
(15) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government
Code) . . . $1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052, 118.0546, and 118.0645, Local Government
Code) . . . $5;
(16) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(17) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(18) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government
Code) . . . not to exceed $20;
(19) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(20) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3;
(21) court cost for each special commissioner in an
eminent domain proceeding (Sec. 21.047, Property Code) . . . as
taxed by the court, $10 or more; [and]
(22) fee for county attorney in a suit regarding a
railroad company's failure to keep roadbed and right-of-way in
proper condition (Art. 6327, Vernon's Texas Civil
Statutes) . . . $10;
(23) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(24) monthly payment for remaining court fees and
costs after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid;
(25) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding;
(26) the official court reporter's fee taxed as costs
in civil actions in a statutory county court:
(A) in Bexar County Courts at Law:
(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12
(Sec. 25.0172, Government Code) . . . taxed in the same manner as
the fee is taxed in district court; and
(ii) No. 2 (Sec. 25.0172, Government
Code) . . . $3;
(B) in Galveston County (Sec. 25.0862,
Government Code) . . . taxed in the same manner as the fee is taxed
in civil cases in the district courts; and
(C) in Parker County (Sec. 25.1862, Government
Code) . . . taxed in the same manner as the fee is taxed in civil
cases in the district courts;
(27) a stenographer's fee as costs in each civil,
criminal, and probate case in which a record is made by the official
court reporter in a statutory county court in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(28) in Brazoria County, in matters of concurrent
jurisdiction with the district court, fees (Sec. 25.0222,
Government Code) . . . as prescribed by law for district judges
according to the nature of the matter;
(29) in Nueces County, in matters of concurrent
jurisdiction with the district court, with certain exceptions, fees
(Sec. 25.1802, Government Code) . . . equal to those in district
court cases;
(30) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding;
(31) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate
Code) . . . probable cost of the guardianship proceeding;
(32) for a hearing or proceeding under the Texas
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
costs (Secs. 571.017 and 571.018, Health and Safety
Code) . . . reasonable compensation to the following persons
appointed under the Texas Mental Health Code:
(A) attorneys;
(B) physicians;
(C) language interpreters;
(D) sign interpreters; and
(E) masters;
(33) for a hearing or proceeding under the Texas
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
costs (Sec. 571.018, Health and Safety Code):
(A) attorney's fees;
(B) physician examination fees;
(C) expense of transportation to a mental health
facility or to a federal agency not to exceed $50 if transporting
within the same county and not to exceed the reasonable cost of
transportation if transporting between counties;
(D) costs and salary supplements authorized
under Section 574.031, Health and Safety Code; and
(E) prosecutors' fees authorized under Section
574.031, Health and Safety Code;
(34) expenses of transporting certain patients from
the county of treatment to a hearing in the county in which the
proceedings originated (Sec. 574.008, Health and Safety
Code) . . . actual expenses unless certain arrangements are made
to hold the hearing in the county in which the patient is receiving
services;
(35) expenses for expert witness testimony for an
indigent patient (Sec. 574.010, Health and Safety Code) . . . if
authorized by the court as reimbursement to the attorney ad litem,
court-approved expenses;
(36) fee for judge's services for holding a hearing on
an application for court-ordered mental health services (Sec.
574.031, Health and Safety Code) . . . as assessed by the judge,
not to exceed $50;
(37) expenses to reimburse judge for holding a hearing
in a hospital or location other than the county courthouse (Sec.
574.031, Health and Safety Code) . . . reasonable and necessary
expenses as certified;
(38) fee for services of a prosecuting attorney,
including costs incurred for preparation of documents related to a
hearing on an application for court-ordered mental health services
(Sec. 574.031, Health and Safety Code) . . . as assessed by the
judge, not to exceed $50; and
(39) a fee not otherwise listed in this section that is
required to be collected under Section 25.0008, Government Code
(Sec. 25.0008, Government Code), in a county other than Brazos,
Cameron, Ellis, Guadalupe, Harris, Henderson, Liberty, Moore,
Nolan, Panola, Parker, Starr, Victoria, and Williamson . . . as
prescribed by law relating to county judges' fees.
SECTION 3. Section 101.101, Government Code, is amended to
read as follows:
Sec. 101.101. STATUTORY PROBATE COURT FEES AND COSTS. The
clerk of a statutory probate court shall collect fees and costs as
follows:
(1) court cost in certain civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(2) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(3) additional filing fees as follows:
(A) for certain cases to be used for
court-related purposes for support of the judiciary, if authorized
by the county commissioners court (Sec. 51.704, Government
Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; and
(C) for filing any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee to fund civil legal
services for the indigent (Sec. 133.153, Local Government
Code) . . . $5;
(4) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(5) fee for judge's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(6) fee for prosecutor's services on an application
for court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(7) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(8) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
after the 120th day after the date of the initial filing of the
action (Sec. 118.052, Local Government Code) . . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code) . . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
and
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government
Code) . . . $10;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; and
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2;
(9) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government
Code) . . . $1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5;
(10) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3;
(11) court costs for each special commissioner in an
eminent domain proceeding (Sec. 21.047, Property Code) . . . as
taxed by the court, $10 or more;
(12) jury fee for civil case (Sec. 51.604, Government
Code) . . . $22; [and]
(13) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(14) the expense of preserving the record as a court
cost, if imposed on a party by the referring court or associate
judge (Sec. 54.612, Government Code) . . . actual cost;
(15) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding;
(16) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate
Code) . . . probable cost of the guardianship proceeding;
(17) for a hearing or proceeding under the Texas
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
costs (Secs. 571.017 and 571.018, Health and Safety
Code) . . . reasonable compensation to the following persons
appointed under the Texas Mental Health Code:
(A) attorneys;
(B) physicians;
(C) language interpreters;
(D) sign interpreters; and
(E) masters;
(18) for a hearing or proceeding under the Texas
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
costs (Sec. 571.018, Health and Safety Code):
(A) attorney's fees;
(B) physician examination fees;
(C) expense of transportation to a mental health
facility or to a federal agency not to exceed $50 if transporting
within the same county and not to exceed the reasonable cost of
transportation if transporting between counties;
(D) costs and salary supplements authorized
under Section 574.031, Health and Safety Code; and
(E) prosecutors' fees authorized under Section
574.031, Health and Safety Code;
(19) expenses of transporting certain patients from
the county of treatment to a hearing in the county in which the
proceedings originated (Sec. 574.008, Health and Safety
Code) . . . actual expenses unless certain arrangements are made
to hold the hearing in the county in which the patient is receiving
services;
(20) expenses for expert witness testimony for an
indigent patient (Sec. 574.010, Health and Safety Code) . . . if
authorized by the court as reimbursement to the attorney ad litem,
court-approved expenses;
(21) fee for judge's services for holding a hearing on
an application for court-ordered mental health services (Sec.
574.031, Health and Safety Code) . . . as assessed by the judge,
not to exceed $50;
(22) expenses to reimburse judge for holding a hearing
in a hospital or location other than the county courthouse (Sec.
574.031, Health and Safety Code) . . . reasonable and necessary
expenses as certified;
(23) fee for services of a prosecuting attorney,
including costs incurred for preparation of documents related to a
hearing on an application for court-ordered mental health services
(Sec. 574.031, Health and Safety Code) . . . as assessed by the
judge, not to exceed $50; and
(24) a fee not otherwise listed in this section that is
required to be collected under Section 25.0029, Government Code
(Sec. 25.0029, Government Code) . . . as prescribed by law
relating to county judges' fees.
SECTION 4. Section 101.121, Government Code, is amended to
read as follows:
Sec. 101.121. COUNTY COURT FEES AND COSTS. The clerk of a
county court shall collect:
(1) fee for hearing on application for a license to
manufacture, distribute, store, or sell beer (Sec. 61.31, Alcoholic
Beverage Code) . . . $5;
(2) court cost in certain civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(3) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(4) a jury fee (Sec. 51.604, Government
Code) . . . $22;
(5) a filing fee in each civil case filed to be used
for court-related purposes for the support of the judiciary (Sec.
51.703, Government Code) . . . $40;
(6) for filing an application for registration of
death (Sec. 193.007, Health and Safety Code) . . . $1;
(7) fee for judge's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(8) fee for prosecutor's services on an application
for court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(9) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(10) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(11) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
after the 120th day after the date of the initial filing of the
action (Sec. 118.052, Local Government Code) . . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code) . . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
and
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government
Code) . . . $10;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; and
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2;
(12) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government
Code) . . . $1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052, 118.0546, and 118.0645, Local Government
Code) . . . $5;
(13) deposit on filing petition requesting permission
to create a municipal civic center authority (Sec. 281.013, Local
Government Code) . . . $200;
(14) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(15) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(16) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government
Code) . . . not to exceed $20;
(17) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(18) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3;
(19) fee for county attorney in a suit regarding a
railroad company's failure to keep roadbed and right-of-way in
proper condition (Art. 6327, Vernon's Texas Civil
Statutes) . . . $10;
(20) appeal bond from a petitioner or taxpayer in a
water control and preservation district (Art. 7818, Vernon's Texas
Civil Statutes) . . . $100; [and]
(21) additional filing fee for filing any civil action
or proceeding requiring a filing fee, including an appeal, and on
the filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee, to fund
civil legal services for the indigent (Sec. 133.153, Local
Government Code) . . . $5;
(22) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(23) monthly payment for remaining court fees and
costs after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid;
(24) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding;
(25) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding;
(26) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate
Code) . . . probable cost of the guardianship proceeding;
(27) for a hearing or proceeding under the Texas
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
costs (Secs. 571.017 and 571.018, Health and Safety
Code) . . . reasonable compensation to the following persons
appointed under the Texas Mental Health Code:
(A) attorneys;
(B) physicians;
(C) language interpreters;
(D) sign interpreters; and
(E) masters;
(28) for a hearing or proceeding under the Texas
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
costs (Sec. 571.018, Health and Safety Code):
(A) attorney's fees;
(B) physician examination fees;
(C) expense of transportation to a mental health
facility or to a federal agency not to exceed $50 if transporting
within the same county and not to exceed the reasonable cost of
transportation if transporting between counties;
(D) costs and salary supplements authorized
under Section 574.031, Health and Safety Code; and
(E) prosecutors' fees authorized under Section
574.031, Health and Safety Code;
(29) expenses of transporting certain patients from
the county of treatment to a hearing in the county in which the
proceedings originated (Sec. 574.008, Health and Safety
Code) . . . actual expenses unless certain arrangements are made
to hold the hearing in the county in which the patient is receiving
services;
(30) expenses for expert witness testimony for an
indigent patient (Sec. 574.010, Health and Safety Code) . . . if
authorized by the court as reimbursement to the attorney ad litem,
court-approved expenses;
(31) fee for judge's services for holding a hearing on
an application for court-ordered mental health services (Sec.
574.031, Health and Safety Code) . . . as assessed by the judge,
not to exceed $50;
(32) expenses to reimburse judge for holding a hearing
in a hospital or location other than the county courthouse (Sec.
574.031, Health and Safety Code) . . . reasonable and necessary
expenses as certified; and
(33) fee for services of a prosecuting attorney,
including costs incurred for preparation of documents related to a
hearing on an application for court-ordered mental health services
(Sec. 574.031, Health and Safety Code) . . . as assessed by the
judge, not to exceed $50.
SECTION 5. Section 101.141, Government Code, is amended to
read as follows:
Sec. 101.141. JUSTICE COURT AND SMALL CLAIMS COURT FEES AND
COSTS. (a) A clerk of a justice court shall collect fees and costs
as follows:
(1) additional court cost in certain civil cases to
establish and maintain an alternative dispute resolution system, if
authorized by the commissioners court of a county with a population
of at least 2.5 million (Sec. 152.005, Civil Practice and Remedies
Code) . . . not to exceed $3;
(2) additional filing fees:
(A) to fund Dallas County civil court facilities
(Sec. 51.705, Government Code) . . . not more than $15; and
(B) for filing any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee, to fund civil legal
services for the indigent (Sec. 133.153, Local Government
Code) . . . $2;
(3) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50; [and]
(4) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 685.008, Transportation Code) . . . $10;
(5) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(6) monthly payment for remaining court fees and costs
after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid;
(7) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding; and
(8) the cost of a special program that a court may
order a child to attend after a finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program not to exceed $100.
(b) A justice of the peace shall collect the following fees:
(1) services rendered before judgment (Secs. 118.121
and 118.122, Local Government Code):
(A) justice court (Sec. 118.121, Local
Government Code) . . . $15; and
(B) small claims court (Sec. 118.121, Local
Government Code) . . . $10; [and]
(2) services rendered after judgment (Secs. 118.121
and 118.123, Local Government Code):
(A) transcript (Sec. 118.121, Local Government
Code) . . . $10;
(B) abstract of judgment (Sec. 118.121, Local
Government Code) . . . $5;
(C) execution, order of sale, writ of
restitution, or other writ or process (Sec. 118.121, Local
Government Code) . . . $5 per page;
(D) certified copy of court papers (Secs. 118.121
and 118.1235, Local Government Code) . . . $2 for first page; $0.25
for each additional page; and
(E) issuing other document (no return required)
(Sec. 118.121, Local Government Code) . . . $1 for first page;
$0.25 for each additional page;
(3) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(4) monthly payment for remaining court fees and costs
after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid; and
(5) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding.
SECTION 6. Section 101.161, Government Code, is amended to
read as follows:
Sec. 101.161. MUNICIPAL COURT FEES AND COSTS. The clerk of
a municipal court shall collect:
(1) [may collect] a fee for a hearing on probable cause
for removal of a vehicle and placement in a storage facility if
assessed by the court (Sec. 685.008, Transportation
Code) . . . $10; and
(2) the cost of a special program that a court may
order a child to attend after finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program not to exceed $100.
SECTION 7. Section 101.181, Government Code, is amended to
read as follows:
Sec. 101.181. MUNICIPAL COURTS OF RECORD FEES AND COSTS.
The clerk of a municipal court of record shall collect the following
fees and costs:
(1) from an appellant, a transcript preparation fee
(Sec. 30.00014, Government Code) . . . $25;
(2) from an appellant in the City of El Paso, an
appellate court docket fee (Sec. 30.00147, Government
Code) . . . $25; [and]
(3) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 685.008, Transportation Code) . . . $10;
and
(4) the cost of a special program that a court may
order a child to attend after finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program, not to exceed $100.
SECTION 8. Section 102.021, Government Code, is amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION. A person
convicted of an offense shall pay, in addition to all other costs:
(1) court costs on conviction of a felony (Sec.
133.102, Local Government Code) . . . $133;
(2) court costs on conviction of a Class A or Class B
misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
(3) court costs on conviction of a nonjailable
misdemeanor offense, including a criminal violation of a municipal
ordinance, other than a conviction of an offense relating to a
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
Government Code) . . . $40;
(4) court costs on certain convictions in statutory
county courts (Sec. 51.702, Government Code) . . . $15;
(5) court costs on certain convictions in certain
county courts (Sec. 51.703, Government Code) . . . $15;
(6) a time payment fee if convicted of a felony or
misdemeanor for paying any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or restitution
(Sec. 133.103, Local Government Code) . . . $25;
(7) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(8) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal
Procedure) . . . $5;
(B) executing or processing an issued arrest
warrant or capias (Art. 102.011, Code of Criminal
Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(9) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal
Procedure) . . . $10 per day or part of a day, plus actual
necessary travel expenses;
(10) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual
cost;
(11) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(12) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(13) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal
Procedure) . . . $20;
(14) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal
Procedure) . . . $15;
(15) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(16) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(17) cost for DNA testing for certain felonies (Art.
102.020, Code of Criminal Procedure) . . . $250;
(18) court cost on an offense of public lewdness or
indecent exposure (Art. 102.020, Code of Criminal
Procedure) . . . $50;
(19) court cost on conviction of a misdemeanor under
Subtitle C, Title 7, Transportation Code (Sec. 542.403,
Transportation Code) . . . $3;
(20) cost for impoundment of vehicle (Sec. 601.263,
Transportation Code) . . . $15 per day; [and]
(21) a civil and criminal enforcement cost on
conviction of an offense of, or related to, the nonpayment of a toll
in certain counties (Sec. 284.2031, Transportation Code) . . . $1;
and
(22) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal
Procedure) . . . part or all of the costs as directed by the judge.
SECTION 9. Section 103.021, Government Code, is amended to
read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES. An accused or defendant, or a party to a civil suit, as
applicable, shall pay the following fees and costs if ordered by the
court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal
Procedure) . . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50
for a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence shelter center fee (Art. 42.12,
Code of Criminal Procedure) . . . not to exceed $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42.12, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal
Procedure) . . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(B) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of
the fine for the offense committed by the defendant;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15
per mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal
Procedure) . . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal
Procedure) . . . not to exceed $75;
(22) a fee for pretrial intervention program (Art.
102.012, Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5;
and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction;
(25) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec.
25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in
Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County
(Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;
(26) a speedy trial filing fee in El Paso County (Sec.
54.745, Government Code) . . . $100;
(27) costs for use of magistrate in Brazos County
(Sec. 54.1116, Government Code) . . . not to exceed $50;
(28) an administrative fee for participation in
certain community supervision programs (Sec. 76.015, Government
Code) . . . not less than $25 and not more than $40 per month;
(29) in family matters:
(A) issuing writ of withholding (Sec. 8.262,
Family Code) . . . $15;
(B) filing copy of writ of withholding to
subsequent employer (Sec. 8.267, Family Code) . . . $15;
(C) issuing and delivering modified writ of
withholding or notice of termination (Sec. 8.302, Family
Code) . . . $15;
(D) issuing and delivering notice of termination
of withholding (Sec. 8.303, Family Code) . . . $15;
(E) issuance of change of name certificate (Sec.
45.106, Family Code) . . . $10;
(F) protective order fee (Sec. 81.003, Family
Code) . . . $16;
(G) filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
(H) filing fees for suits affecting parent-child
relationship (Sec. 110.002, Family Code):
(i) suit or motion for modification (Sec.
110.002, Family Code) . . . $15;
(ii) motion for enforcement (Sec. 110.002,
Family Code) . . . $15;
(iii) notice of application for judicial
writ of withholding (Sec. 110.002, Family Code) . . . $15;
(iv) motion to transfer (Sec. 110.002,
Family Code) . . . $15;
(v) petition for license suspension (Sec.
110.002, Family Code) . . . $15;
(vi) motion to revoke a stay of license
suspension (Sec. 110.002, Family Code) . . . $15; and
(vii) motion for contempt (Sec. 110.002,
Family Code) . . . $15;
(I) order or writ of income withholding to be
delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(J) filing fee for transferred case (Sec.
110.005, Family Code) . . . $45;
(K) filing a writ of withholding (Sec. 158.319,
Family Code) . . . $15;
(L) filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family
Code) . . . not to exceed $15;
(M) filing an administrative writ to employer
(Sec. 158.503, Family Code) . . . not to exceed $15; and
(N) genetic testing fees in relation to a child
born to a gestational mother (Sec. 160.762, Family Code) . . . as
assessed by the court;
(30) in juvenile court:
(A) fee schedule for deferred prosecution
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a
month;
(B) a teen court administration fee (Sec. 54.032,
Family Code) . . . not to exceed $10;
(C) court costs for juvenile probation diversion
fund (Sec. 54.0411, Family Code) . . . $20;
(D) a juvenile delinquency prevention fee (Sec.
54.0461, Family Code) . . . $5; and
(E) a court fee for child's probationary period
(Sec. 54.061, Family Code) . . . not to exceed $15 a month;
(31) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15;
(32) administrative fee on dismissal of charge of
driving with an expired motor vehicle registration (Sec. 502.407,
Transportation Code) . . . not to exceed $10;
(33) administrative fee on dismissal of charge of
driving with an expired driver's license (Sec. 521.026,
Transportation Code) . . . not to exceed $10;
(34) administrative fee on remediation of charge of
driving with an expired inspection certificate (Sec. 548.605,
Transportation Code) . . . not to exceed $10;
(35) administrative fee for failure to appear for a
complaint or citation on certain offenses (Sec. 706.006,
Transportation Code) . . . $30 for each violation;
(36) administrative fee for failure to pay or satisfy
certain judgments (Sec. 706.006, Transportation Code) . . . $30;
(37) fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
cases (Sec. 411.081, Government Code) . . . $28; [and]
(38) on a finding that an animal's owner has cruelly
treated the animal, court costs including:
(A) investigation (Sec. 821.023, Health and
Safety Code) . . . actual costs;
(B) expert witnesses (Sec. 821.023, Health and
Safety Code) . . . actual costs;
(C) housing and caring for the animal during its
impoundment (Sec. 821.023, Health and Safety Code) . . . actual
costs;
(D) conducting any public sale ordered by the
court (Sec. 821.023, Health and Safety Code) . . . actual costs;
and
(E) humanely destroying the animal if
destruction is ordered by the court (Sec. 821.023, Health and
Safety Code) . . . actual costs;
(39) the costs of a criminal magistrate if the court
determines that the nonprevailing party is able to defray the
costs:
(A) in Bexar County (Sec. 54.913, Government
Code) . . . magistrate's fees;
(B) in Dallas County (Sec. 54.313, Government
Code) . . . magistrate's fees;
(C) in Lubbock County (Sec. 54.883, Government
Code) . . . magistrate's fees;
(D) in Tarrant County (Sec. 54.663, Government
Code) . . . magistrate's fees;
(E) in Travis County (Sec. 54.983, Government
Code) . . . magistrate's fees; and
(F) in Williamson County (Sec. 54.958,
Government Code) . . . expense of the magistrate; and
(40) a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due.
SECTION 10. Section 103.022, Government Code, is amended to
read as follows:
Sec. 103.022. MISCELLANEOUS FEES AND COSTS. The following
fees and costs shall be paid or collected as follows:
(1) fee for use of an interpreter in civil cases (Sec.
21.051, Civil Practice and Remedies Code) . . . $3;
(2) fee for custodian of a record compelled by a court
to produce or certify the record (Sec. 22.004, Civil Practice and
Remedies Code) . . . $1;
(3) cost for use of certified copy of the record of
names of all trustees appointed by any state organization of a
religious congregation in this state (Sec. 126.012, Civil Practice
and Remedies Code) . . . $1.50;
(4) filing of a restitution lien (Art. 42.22, Code of
Criminal Procedure) . . . $5;
(5) issuance and service of a warrant of arrest for
certain offenses if prescribed by the municipality (Art. 45.203,
Code of Criminal Procedure) . . . not to exceed $25;
(6) filing a certified copy of a judicial finding of
fact and conclusion of law if charged by the secretary of state
(Sec. 51.905, Government Code) . . . $15;
(7) costs of determining and sending information
concerning the identity of the court with continuing, exclusive
jurisdiction if charged by the bureau of vital statistics (Sec.
108.006, Family Code) . . . reasonable fee;
(8) initial operations fee paid to domestic relations
office on filing of a suit affecting the parent-child relationship,
if authorized by the administering entity (Sec. 203.005, Family
Code) . . . not to exceed $15;
(9) initial child support service fee paid to domestic
relations office in certain counties on filing of a suit affecting
the parent-child relationship, if authorized by the administering
entity (Sec. 203.005, Family Code) . . . not to exceed $36;
(10) service fee for services of a domestic relations
office, if authorized by the administering entity (Sec. 203.005,
Family Code) . . . not to exceed $3 per month;
(11) fee from a Title IV-D agency for each item of
process to each individual on whom service is required, including
service by certified or registered mail (Sec. 231.202, Family
Code) . . . the amount that a sheriff or constable may charge for
serving process under Section 118.131, Local Government Code;
(12) a copy of records of spousal or child support and
fees administered in Dallas County if authorized by the local
administrative judge (Sec. 152.0634, Human Resources
Code) . . . not to exceed $2 per page;
(13) collecting, disbursing, or monitoring spousal or
child support payments in Dallas County (Sec. 152.0635, Human
Resources Code) . . . not to exceed $3 per month;
(14) fee for adoption, family, and home study
investigations in an adoption in Dallas County (Sec. 152.0635,
Human Resources Code) . . . not to exceed $250;
(15) certain transactions with respect to a suit for
spousal support or a suit affecting the parent-child relationship
in Harris County, if authorized by the county commissioners court
(Sec. 152.1074, Human Resources Code) . . . not to exceed $2 per
transaction;
(16) child support service fee in Smith [Nueces]
County[,] if [authorized by the county commissioners] court allows
assessment by child support office (Sec. 152.2183 [152.1844], Human
Resources Code) . . . not to exceed $2.50 a [$5 per] month;
(17) services by the offices of the sheriff and
constables (Sec. 118.131, Local Government Code) . . . amount set
by county commissioners court;
(18) cost paid by each surety posting the bail bond for
an offense other than a misdemeanor punishable by fine only under
Chapter 17, Code of Criminal Procedure, for the felony prosecutor
supplement fund and the fair defense account (Sec. 41.258,
Government Code) . . . $15, provided the cost does not exceed $30
for all bail bonds posted at that time for an individual and the
cost is not required on the posting of a personal or cash bond;
(19) appraiser's fee as court costs for determining
the fair value of ownership interests of owners who have perfected
their rights (Sec. 10.365, Business Organizations Code) . . . a
reasonable fee;
(19-a) an appraiser's fee as court costs for
determining the fair value of the shares of the shareholders
entitled to payment for their shares in a real estate investment
trust (Sec. 25.20, Art. 6138A, Vernon's Texas Civil
Statutes) . . . a reasonable fee;
(19-b) an appraiser's fee as court costs for
determining the fair value of the shares of the shareholders
entitled to payment for their shares by the existing, surviving, or
new corporation (Art. 5.12, Texas Business Corporation
Act) . . . a reasonable fee; [and]
(20) to participate in a court proceeding in this
state, a nonresident attorney fee for civil legal services to the
indigent (Sec. 82.0361, Government Code) . . . $250 except as
waived or reduced under supreme court rules for representing an
indigent person;
(21) a witness's fee for one day to be paid by the party
who subpoenas the witness (Sec. 22.001, Civil Practice and Remedies
Code) . . . $10;
(22) on a party's appeal of a final decision in a
contested case, the cost of preparing the original or a certified
copy of the record of the agency proceeding, if required by the
agency's rule, as a court cost (Sec. 2001.177, Government
Code) . . . as assessed by the court, all or part of the cost of
preparation;
(23) the costs of arbitration in cases between a
juvenile board and a school district that fail to agree on a
memorandum of understanding related to the juvenile justice
alternative education program (Sec. 37.011, Education
Code) . . . each party its pro rata share of the costs;
(24) compensation to a referee in juvenile court in
Wichita County taxed as costs if the judge determines the parties
are able to pay the costs (Sec. 54.403, Government Code) . . . as
determined by the judge;
(25) the expense of preserving the record as a court
cost in Brazos County if imposed on a party by the referring court
or magistrate (Sec. 54.1111, Government Code) . . . actual cost;
(26) a filing fee or recording fee for each page of a
legal paper presented for filing or recording that fails to meet
certain requirements regarding paper size, weight, substance,
headings, legibility, the presence of typed or printed names under
each signature, and number and size of riders or attachments (Sec.
191.007, Local Government Code) . . . twice the regular filing fee
or recording fee provided by statute for that page, rider, or
attachment;
(27) a processing fee as authorized by the
commissioners court for the payment by credit card of a fee, court
cost, or other charge processed by a county or precinct officer
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
reasonably related to the expense incurred by the county or
precinct officer but not to exceed five percent of the amount of the
fee, court cost, or other charge being paid;
(28) a processing fee as authorized by the governing
body of the municipality for the payment by credit card of a fee,
court cost, or other charge processed by a municipal official
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount
reasonably related to the expense incurred by the municipal
official but not to exceed five percent of the amount of the fee,
court cost, or other charge being paid;
(29) a handling fee, if authorized by the
commissioners court under Section 132.002, Local Government Code,
for electronically processing the payment of a fee, fine, court
cost, or other charge (Secs. 132.002 and 132.003, Local Government
Code):
(A) charged at a flat rate that does not exceed $5
for each payment transaction; or
(B) charged at a rate reasonably related to the
expense incurred in processing a payment and that does not exceed
five percent of the amount of the fee, court cost, or other charge
being paid;
(30) a fee, if authorized by the commissioners court,
collected by a county or precinct officer on behalf of the county
from a person making payment by credit card of a fee, court cost, or
other charge (Sec. 132.003, Local Government Code) . . . an amount
equal to the amount of any transaction fee charged to the county by
a vendor providing services in connection with payments made by
credit card;
(31) a fee for sale of securities under an offering
that has not been registered, if the transaction or securities are
not exempt (Art. 581-35-2, Vernon's Texas Civil Statutes) . . . as
set by the securities commissioner or court, but not to exceed six
times the amount that would have been paid if the issuer had filed
an application to register the securities and paid the fee
prescribed based on the amount of sales made in this state within
the prior three years, plus interest on that amount from the date of
the first sale made in this state until the date the fee is paid; and
(32) a fee for mailing an order vacating or staying an
order suspending a license to the appropriate licensing authority
(Sec. 232.013, Family Code) . . . $5 for each order mailed.
SECTION 11. Chapter 104, Government Code, is repealed.
SECTION 12. (a) Sections 1 through 10 of this Act amend
provisions in Chapters 101, 102, and 103, Government Code, as
amended by the Final Report Regarding Actions to Conform the
Statutory Index of Court Fees and Costs to the Acts of the 78th
Legislature. The report was effective September 3, 2004, and was
prepared and published in accordance with Chapter 104, Government
Code, as it existed before the effective date of this Act. The
report is available at the Texas Legislative Council's Internet
website under the heading "Reports/Documents" at
http://www.tlc.state.tx.us/tlc.htm. At that website the report is
identified as the "Final Report" under "Court Fees Project."
(b) The legislature finds that the index of court fees and
costs provided by Chapters 101, 102, and 103, Government Code, is
complete with the passage of this Act and the publication of the
report. The legislature also finds that additional reports under
Chapter 104, Government Code, to update the index in the future are
no longer necessary because the updating will occur under the Texas
Legislative Council's permanent statutory revision program. The
council is required, as part of that program, under Subdivision
(4), Subsection (c), Section 323.007, Government Code, to formulate
and implement a continuous revision program of all Texas statutes,
which include the index of court fees and costs.
SECTION 13. If any provision of this Act conflicts with a
statute enacted by the 79th Legislature, Regular Session, 2005, the
statute controls.
SECTION 14. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 291 passed the Senate on
April 14, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 291 passed the House on
May 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor