| |
| |
| |
|
|
AN ACT
|
|
|
relating to the collection of a family protection fee. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 51.961(a) and (d), Government Code, are |
|
|
amended to read as follows: |
|
|
(a) The commissioners court of a county shall adopt a family |
|
|
protection fee in an amount not to exceed $15 [$30]. |
|
|
(d) The clerk shall pay a [one-half of the] fee collected |
|
|
under this section to the appropriate officer of the county in which |
|
|
the suit is filed for deposit in the county treasury to the credit |
|
|
of the family protection account. The account may be used by the |
|
|
commissioners court of the county only to fund a service provider |
|
|
located in that county or an adjacent county. The commissioners |
|
|
court may provide funding to a nonprofit organization that provides |
|
|
services described by Subsection (e). |
|
|
SECTION 2. 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 [$30]; |
|
|
(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; |
|
|
(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 3. Section 51.961(g), Government Code, is repealed. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 764 was passed by the House on April |
|
|
4, 2007, by the following vote: Yeas 142, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 764 was passed by the Senate on May |
|
|
22, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |