H.B. No. 3167
 
 
 
 
AN ACT
  relating to nonsubstantive additions to and corrections in enacted
  codes, to the nonsubstantive codification or disposition of various
  laws omitted from enacted codes, and to conforming codifications
  enacted by the 79th Legislature to other Acts of that legislature.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. GENERAL PROVISIONS
         SECTION 1.001.  This Act is enacted as part of the state's
  continuing statutory revision program under Chapter 323,
  Government Code. This Act is a revision for purposes of Section 43,
  Article III, Texas Constitution, and has the purposes of:
               (1)  codifying without substantive change or providing
  for other appropriate disposition of various statutes that were
  omitted from enacted codes;
               (2)  conforming codifications enacted by the 79th
  Legislature to other Acts of that legislature that amended the laws
  codified or added new law to subject matter codified;
               (3)  making necessary corrections to enacted
  codifications; and
               (4)  renumbering titles, chapters, and sections of
  codes that duplicate title, chapter, or section numbers.
         SECTION 1.002.  (a) The repeal of a statute by this Act does
  not affect an amendment, revision, or reenactment of the statute by
  the 80th Legislature, Regular Session, 2007. The amendment,
  revision, or reenactment is preserved and given effect as part of
  the code provision that revised the statute so amended, revised, or
  reenacted.
         (b)  If any provision of this Act conflicts with a statute
  enacted by the 80th Legislature, Regular Session, 2007, the statute
  controls.
         SECTION 1.003.  (a) A transition or saving provision of a
  law codified by this Act applies to the codified law to the same
  extent as it applied to the original law.
         (b)  The repeal of a transition or saving provision by this
  Act does not affect the application of the provision to the codified
  law.
         (c)  In this section, "transition provision" includes any
  temporary provision providing for a special situation in the
  transition period between the existing law and the establishment or
  implementation of the new law.
  ARTICLE 2.  CHANGES RELATING TO AGRICULTURE CODE
         SECTION 2.001.  Sections 301.104, 301.108, and 301.258,
  Agriculture Code, as added by Chapter 1276, Acts of the 78th
  Legislature, Regular Session, 2003, are repealed to conform to the
  repeal of the law from which those sections were derived by Section
  21.013, Chapter 816, Acts of the 78th Legislature, Regular Session,
  2003.
  ARTICLE 2A.  CHANGES RELATING TO BUSINESS & COMMERCE CODE
         SECTION 2A.001.  Section 17.08(a)(5), Business & Commerce
  Code, is amended to correct a reference to read as follows:
               (5)  "State seal" means the state seal, the reverse of
  the state seal, and the state arms as defined by Sections 3101.001
  and 3101.002, Government Code [Article 6139f, Revised Statutes].
  ARTICLE 3.  CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
         SECTION 3.001.  Article 45.051(f), Code of Criminal
  Procedure, as amended by Chapters 281 and 357, Acts of the 79th
  Legislature, Regular Session, 2005, is reenacted and amended to
  correct a reference to read as follows:
         (f)  This article does not apply to:
               (1)  an offense to which Section 542.404 [or
  729.004(b)], Transportation Code, applies; or
               (2)  a violation of a state law or local ordinance
  relating to motor vehicle control, other than a parking violation,
  committed by a person who:
                     (A)  holds a commercial driver's license; or
                     (B)  held a commercial driver's license when the
  offense was committed.
         SECTION 3.002.  (a)  Article 62.001(5), Code of Criminal
  Procedure, as renumbered from former Article 62.01(5), Code of
  Criminal Procedure, and amended by Chapter 1008, Acts of the 79th
  Legislature, Regular Session, 2005, is reenacted and amended to
  conform to an amendment to former Article 62.01(5) by Chapter 1273,
  Acts of the 79th Legislature, Regular Session, 2005, to read as
  follows:
               (5)  "Reportable conviction or adjudication" means a
  conviction or adjudication, including an adjudication of
  delinquent conduct or a deferred adjudication, that, regardless of
  the pendency of an appeal, is a conviction for or an adjudication
  for or based on:
                     (A)  a violation of Section 21.11 (Indecency with
  a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
  assault), or 25.02 (Prohibited sexual conduct), Penal Code;
                     (B)  a violation of Section 43.05 (Compelling
  prostitution), 43.25 (Sexual performance by a child), or 43.26
  (Possession or promotion of child pornography), Penal Code;
                     (C)  a violation of Section 20.04(a)(4)
  (Aggravated kidnapping), Penal Code, if the actor committed the
  offense or engaged in the conduct with intent to violate or abuse
  the victim sexually;
                     (D)  a violation of Section 30.02 (Burglary),
  Penal Code, if the offense or conduct is punishable under
  Subsection (d) of that section and the actor committed the offense
  or engaged in the conduct with intent to commit a felony listed in
  Paragraph (A) or (C);
                     (E)  a violation of Section 20.02 (Unlawful
  restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
  Penal Code, if, as applicable:
                           (i)  the judgment in the case contains an
  affirmative finding under Article 42.015; or
                           (ii)  the order in the hearing or the papers
  in the case contain an affirmative finding that the victim or
  intended victim was younger than 17 years of age;
                     (F)  the second violation of Section 21.08
  (Indecent exposure), Penal Code, but not if the second violation
  results in a deferred adjudication;
                     (G)  an attempt, conspiracy, or solicitation, as
  defined by Chapter 15, Penal Code, to commit an offense or engage in
  conduct listed in Paragraph (A), (B), (C), (D), or (E);
                     (H)  a violation of the laws of another state,
  federal law, the laws of a foreign country, or the Uniform Code of
  Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of an offense listed under Paragraph (A), (B), (C), (D), (E), [or]
  (G), or (J), but not if the violation results in a deferred
  adjudication; [or]
                     (I)  the second violation of the laws of another
  state, federal law, the laws of a foreign country, or the Uniform
  Code of Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of the offense of indecent exposure, but not if the second violation
  results in a deferred adjudication; or
                     (J)  a violation of Section 33.021 (Online
  solicitation of a minor), Penal Code.
         (b)  Section 2, Chapter 1273, Acts of the 79th Legislature,
  Regular Session, 2005, which amended former Subdivision (5),
  Article 62.01, Code of Criminal Procedure, is repealed.
  ARTICLE 4.  CHANGES RELATING TO EDUCATION CODE
         SECTION 4.001.  Section 7.005, Education Code, is amended to
  correct a cross-reference to read as follows:
         Sec. 7.005.  COOPERATION BETWEEN STATE AGENCIES OF
  EDUCATION. The State Board of Education and the Texas Higher
  Education Coordinating Board, in conjunction with other
  appropriate agencies, shall ensure that long-range plans and
  educational programs established by each board provide a
  comprehensive education for the students of this state under the
  jurisdiction of that board, extending from early childhood
  education through postgraduate study. In assuring that programs
  are coordinated, the boards shall use the P-16 Council established
  under Section 61.076 [61.077].
         SECTION 4.002.  The heading to Section 21.035, Education
  Code, is amended to conform to Section 1.04(a), Chapter 1227, Acts
  of the 79th Legislature, Regular Session, 2005, to read as follows:
         Sec. 21.035.  ADMINISTRATION BY AGENCY [APPLICATION OF
  SUNSET ACT].
         SECTION 4.003.  Section 25.086(a), Education Code, as
  amended by Chapters 377, 887, and 1339, Acts of the 79th
  Legislature, Regular Session, 2005, is reenacted and amended to
  read as follows:
         (a)  A child is exempt from the requirements of compulsory
  school attendance if the child:
               (1)  attends a private or parochial school that
  includes in its course a study of good citizenship;
               (2)  is eligible to participate in a school district's
  special education program under Section 29.003 and cannot be
  appropriately served by the resident district;
               (3)  has a physical or mental condition of a temporary
  and remediable nature that makes the child's attendance infeasible
  and holds a certificate from a qualified physician specifying the
  temporary condition, indicating the treatment prescribed to remedy
  the temporary condition, and covering the anticipated period of the
  child's absence from school for the purpose of receiving and
  recuperating from that remedial treatment;
               (4)  is expelled in accordance with the requirements of
  law in a school district that does not participate in a mandatory
  juvenile justice alternative education program under Section
  37.011;
               (5)  is at least 17 years of age and:
                     (A)  is attending a course of instruction to
  prepare for the high school equivalency examination, and:
                           (i)  has the permission of the child's parent
  or guardian to attend the course;
                           (ii)  is required by court order to attend
  the course;
                           (iii)  has established a residence separate
  and apart from the child's parent, guardian, or other person having
  lawful control of the child; or
                           (iv)  is homeless as defined by 42 U.S.C.
  Section 11302; or
                     (B)  has received a high school diploma or high
  school equivalency certificate;
               (6)  is at least 16 years of age and is attending a
  course of instruction to prepare for the high school equivalency
  examination, if:
                     (A)  the child is recommended to take the course
  of instruction by a public agency that has supervision or custody of
  the child under a court order; or
                     (B)  the child is enrolled in a Job Corps training
  program under the Workforce Investment Act of 1998 (29 U.S.C.
  Section 2801 et seq.);
                     [(B)     the child is enrolled in a Job Corps
  training program under 29 U.S.C. Section 2881 et seq.;]
               (7)  is at least 16 years of age and is enrolled in a
  high school diploma program under Chapter 18;
               (8) [(7)]  is enrolled in the Texas Academy of
  Mathematics and Science under Subchapter G, Chapter 105;
               (9) [(8)]  is enrolled in the Texas Academy of
  Leadership in the Humanities;
               (10) [(9)]  is enrolled in the Texas Academy of
  Mathematics and Science at The University of Texas at Brownsville;
               (11) [(9)]  is enrolled in the Texas Academy of
  International Studies; or
               (12) [(10)]  is specifically exempted under another
  law.
         SECTION 4.004.  Section 28.024, Education Code, as amended
  by Chapters 887 and 1339, Acts of the 79th Legislature, Regular
  Session, 2005, is reenacted and amended to read as follows:
         Sec. 28.024.  CREDIT FOR ENROLLMENT IN CERTAIN ACADEMIES.  A
  school district shall grant to a student credit toward the academic
  course requirements for high school graduation, up to a maximum of
  two years of credit, for courses the student successfully completes
  at:
               (1)  the Texas Academy of Leadership in the Humanities
  under Section 96.707;
               (2)  the Texas Academy of Mathematics and Science under
  Subchapter G, Chapter 105; [or]
               (3)  the Texas Academy of Mathematics and Science under
  Section 78.10; or
               (4) [(3)]  the Texas Academy of International Studies
  under Section 87.505.
         SECTION 4.005.  Section 29.161(a), Education Code, is
  amended to correct a cross-reference to read as follows:
         (a)  The State Center for Early Childhood Development, in
  conjunction with the P-16 Council established under Section 61.076
  [61.077], shall develop and adopt a school readiness certification
  system for use in certifying the effectiveness of prekindergarten
  programs, Head Start and Early Head Start programs,
  government-subsidized child-care programs provided by nonprofit or
  for-profit entities, government-subsidized faith-based child-care
  programs, and other government-subsidized child-care programs in
  preparing children for kindergarten. The system shall be made
  available on a voluntary basis to program providers seeking to
  obtain certification as evidence of the quality of the program
  provided.
         SECTION 4.006.  Section 29.908(b-2), Education Code, is
  amended to correct a cross-reference to read as follows:
         (b-2)  The P-16 Council established under Section 61.076
  [61.077] shall provide guidance in case of any conflict that arises
  between parties to an articulation agreement under Subsection
  (b)(3).
         SECTION 4.007.  Section 32.153(d), Education Code, as added
  by Chapter 1216, Acts of the 78th Legislature, Regular Session,
  2003, is amended to correct references to read as follows:
         (d)  The P-16 Council [joint advisory committee] established
  under Section 61.076 [61.077, or any successor to that committee
  with advisory responsibility for coordination between secondary
  and postsecondary education,] shall serve in an advisory capacity
  to the agency and the Department of Information Resources in
  connection with functions relating to the portal.
         SECTION 4.008.  Section 38.016(e), Education Code, is
  amended to correct a reference to read as follows:
         (e)  An act in violation of Subsection (b) does not override
  the immunity from personal liability granted in Section 22.0511
  [22.051] or other law or the district's sovereign and governmental
  immunity.
         SECTION 4.009.  The heading to Section 39.132, Education
  Code, is amended to more accurately reflect the substance of that
  section to read as follows:
         Sec. 39.132.  SANCTIONS FOR ACADEMICALLY UNACCEPTABLE [AND
  CERTAIN OTHER] CAMPUSES.
         SECTION 4.010.  Section 61.076, Education Code, is amended
  by adding Subsection (h) to read as follows:
         (h)  The council, in conjunction with the State Center for
  Early Childhood Development, shall develop and adopt a school
  readiness certification system as required by Section 29.161.
         SECTION 4.011.  Section 61.077, Education Code, is repealed.
  ARTICLE 5.  CHANGES RELATING TO ELECTION CODE
         SECTION 5.001.  Section 42.006(d), Election Code, as amended
  by Chapter 742, Acts of the 79th Legislature, Regular Session,
  2005, is repealed to conform to Chapter 1107, Acts of the 79th
  Legislature, Regular Session, 2005.
         SECTION 5.002.  (a)  Section 501.032(a), Election Code, as
  added by Section 1, Chapter 975, Acts of the 79th Legislature,
  Regular Session, 2005, is amended to conform to Section 1, Chapter
  890, Acts of the 79th Legislature, Regular Session, 2005, to read as
  follows:
         (a)  The commissioners court, at its next regular session on
  or after the 30th day after the date the petition is filed, shall
  order a local option election to be held on the issue set out in the
  petition if the petition is filed with the voter registrar not later
  than the 60th day after the date the petition is issued and bears
  the actual signatures of a number of qualified voters of the
  political subdivision equal to at least:
               (1)  35 percent of the registered voters in the
  subdivision who voted in the most recent gubernatorial election for
  a ballot issue that permits voting for or against:
                     (A)  "The legal sale of all alcoholic beverages
  for off-premise consumption only.";
                     (B)  "The legal sale of all alcoholic beverages
  except mixed beverages.";
                     (C)  "The legal sale of all alcoholic beverages
  including mixed beverages."; or
                     (D)  "The legal sale of mixed beverages.";
               (2)  25 percent of the registered voters in the
  political subdivision who voted in the most recent general election
  for a ballot issue that permits voting for or against "The legal
  sale of wine on the premises of a holder of a winery permit."; or
               (3)  35 percent of the registered voters in the
  political subdivision who voted in the most recent gubernatorial
  election for an election on any other ballot issue.
         (b)  Section 1, Chapter 890, Acts of the 79th Legislature,
  Regular Session, 2005, which amended former Subsection (a), Section
  251.11, Alcoholic Beverage Code, is repealed.
         SECTION 5.003.  (a)  Section 501.035, Election Code, as
  added by Section 1, Chapter 975, Acts of the 79th Legislature,
  Regular Session, 2005, is amended to conform to Section 2, Chapter
  890, Acts of the 79th Legislature, Regular Session, 2005, by adding
  Subsection (h) to read as follows:
         (h)  Subject to Section 251.81, Alcoholic Beverage Code, a
  wine only package store permit may be issued for premises in an area
  in which the sale of wine has been legalized by a local option
  election under Subsection (b)(3) or (4).
         (b)  Section 2, Chapter 890, Acts of the 79th Legislature,
  Regular Session, 2005, which added Subsection (d) to former Section
  251.14, Alcoholic Beverage Code, is repealed.
  ARTICLE 6.  CHANGES RELATING TO FINANCE CODE
         SECTION 6.001.  Section 232.002, Family Code, is amended to
  read as follows:
         Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
  following are licensing authorities subject to this chapter:
               (1)  Department of Agriculture;
               (2)  Texas Alcoholic Beverage Commission;
               (3)  Texas Appraiser Licensing and Certification
  Board;
               (4)  Texas Board of Architectural Examiners;
               (5)  Texas Board of Chiropractic Examiners;
               (6)  Comptroller of Public Accounts;
               (7)  Court Reporters Certification Board;
               (8)  State Board of Dental Examiners;
               (9)  Texas State Board of Examiners of Dietitians;
               (10)  Texas Funeral Service Commission;
               (11)  Department of State Health Services;
               (12)  Department of Aging and Disability Services;
               (13)  Texas Board of Professional Land Surveying;
               (14)  Texas Department of Licensing and Regulation;
               (15)  Texas State Board of Examiners of Marriage and
  Family Therapists;
               (16)  Texas State Board of Medical Examiners;
               (17)  Midwifery Board;
               (18)  Texas Commission on Environmental Quality;
               (19)  Board of Nurse Examiners;
               (20)  Texas Board of Occupational Therapy Examiners;
               (21)  Texas Optometry Board;
               (22)  Parks and Wildlife Department;
               (23)  Texas State Board of Examiners of Perfusionists;
               (24)  Texas State Board of Pharmacy;
               (25)  Texas Board of Physical Therapy Examiners;
               (26)  Texas State Board of Plumbing Examiners;
               (27)  Texas State Board of Podiatric Medical Examiners;
               (28)  Polygraph Examiners Board;
               (29)  Texas Private Security Board;
               (30)  Texas State Board of Examiners of Professional
  Counselors;
               (31)  Texas Board of Professional Engineers;
               (32)  Department of Family and Protective Services;
               (33)  Texas State Board of Examiners of Psychologists;
               (34)  Texas State Board of Public Accountancy;
               (35)  Department of Public Safety of the State of
  Texas;
               (36)  Public Utility Commission of Texas;
               (37)  Railroad Commission of Texas;
               (38)  Texas Real Estate Commission;
               (39)  State Bar of Texas;
               (40)  Texas State Board of Social Worker Examiners;
               (41)  State Board of Examiners for Speech-Language
  Pathology and Audiology;
               (42)  Texas Structural Pest Control Board;
               (43)  Board of Tax Professional Examiners;
               (44)  Secretary of State;
               (45)  Supreme Court of Texas;
               (46)  Texas Transportation Commission;
               (47)  State Board of Veterinary Medical Examiners;
               (48)  Texas Ethics Commission;
               (49)  Advisory Board of Athletic Trainers;
               (50)  State Committee of Examiners in the Fitting and
  Dispensing of Hearing Instruments;
               (51)  Texas Board of Licensure for Professional Medical
  Physicists;
               (52)  Texas Department of Insurance;
               (53)  Texas Board of Orthotics and Prosthetics;
               (54)  savings and mortgage lending [loan]
  commissioner;
               (55)  Texas Juvenile Probation Commission; and
               (56)  Texas Lottery Commission under Chapter 466,
  Government Code.
         SECTION 6.002.  Section 11.001(b), Finance Code, is amended
  to read as follows:
         (b)  In this chapter, "finance agency" means:
               (1)  the Texas Department of Banking;
               (2)  the Department of Savings and Mortgage Lending
  [Loan Department]; or
               (3)  the Office of Consumer Credit Commissioner.
         SECTION 6.003.  Section 11.002(a), Finance Code, is amended
  to read as follows:
         (a)  The finance commission is responsible for overseeing
  and coordinating the Texas Department of Banking, the Department of
  Savings and Mortgage Lending [Loan Department], and the Office of
  Consumer Credit Commissioner and serves as the primary point of
  accountability for ensuring that state depository and lending
  institutions function as a system, considering the broad scope of
  the financial services industry. The finance commission is the
  policy-making body for those finance agencies and is not a separate
  state agency. The finance commission shall carry out its functions
  in a manner that protects consumer interests, maintains a safe and
  sound banking system, and increases the economic prosperity of the
  state.
         SECTION 6.004.  Section 11.102(f), Finance Code, is amended
  to read as follows:
         (f)  Experience as banking commissioner, deputy banking
  commissioner, examiner, or supervisor of examiners for a state or
  federal banking regulatory agency is considered executive
  experience in a bank for the purposes of Subsection (e)(1)(A).
  Experience as savings and mortgage lending [loan] commissioner,
  deputy savings and mortgage lending [loan] commissioner, examiner,
  or supervisor of examiners for a state or federal savings and loan
  regulatory agency is considered executive experience in a savings
  association or savings bank for the purposes of Subsection
  (e)(2)(A).
         SECTION 6.005.  Section 11.103(b), Finance Code, is amended
  to read as follows:
         (b)  If the banking commissioner, savings and mortgage
  lending [loan] commissioner, or consumer credit commissioner has
  knowledge that a potential ground for removal exists, the banking
  commissioner, savings and mortgage lending [loan] commissioner, or
  consumer credit commissioner shall notify the presiding officer of
  the finance commission of the potential ground. The presiding
  officer shall then notify the governor and the attorney general
  that a potential ground for removal exists. If the potential ground
  for removal involves the presiding officer, the banking
  commissioner, savings and mortgage lending [loan] commissioner, or
  consumer credit commissioner shall notify the next highest ranking
  officer of the finance commission, who shall then notify the
  governor and the attorney general that a potential ground for
  removal exists.
         SECTION 6.006.  Section 11.107(c), Finance Code, is amended
  to read as follows:
         (c)  The presiding officer may:
               (1)  adopt rules and procedures as the presiding
  officer considers necessary for the orderly operation of the
  finance commission and for communication among the finance
  commission, the department, the Department of Savings and Mortgage
  Lending [Loan Department], and the Office of Consumer Credit
  Commissioner;
               (2)  adopt internal procedures governing the time and
  place of meetings, the type of notice for special public meetings,
  the manner in which public meetings are to be conducted, and other
  similar matters; and
               (3)  appoint committees composed of finance commission
  members as the presiding officer considers necessary to carry out
  the commission's business.
         SECTION 6.007.  Section 11.111, Finance Code, is amended to
  read as follows:
         Sec. 11.111.  SEPARATION OF FUNCTIONS.  The finance
  commission shall develop and implement policies that clearly
  separate the policymaking responsibilities of the finance
  commission and the management responsibilities of the banking
  commissioner, savings and mortgage lending [loan] commissioner,
  and consumer credit commissioner and staff of the finance agencies.
         SECTION 6.008.  Section 11.303, Finance Code, is amended to
  read as follows:
         Sec. 11.303.  DISCLOSURE OF CERTAIN INFORMATION TO FINANCE
  COMMISSION PROHIBITED.  Information regarding the financial
  condition of a state savings association or savings bank obtained
  through examination or otherwise may not be disclosed to a member of
  the finance commission, except that the savings and mortgage
  lending [loan] commissioner may disclose to the finance commission
  a file or record pertinent to a hearing or matter pending before the
  commission.
         SECTION 6.009.  Section 11.305(d), Finance Code, is amended
  to read as follows:
         (d)  The Texas Department of Banking and the Department of
  Savings and Mortgage Lending [Loan Department] shall jointly
  conduct a continuing review of the condition of the state banking
  system. The review must include a review of all available national
  and state economic forecasts and an analysis of changing banking
  practices and new banking legislation. Periodically the
  departments shall submit a report to the finance commission on the
  results of the review, including information relating to the
  condition of the state banking system at the time of the report and
  the predicted condition of that system in the future.
         SECTION 6.010.  Section 11.3055, Finance Code, is amended to
  read as follows:
         Sec. 11.3055.  FINANCIAL SERVICES STUDY.  (a)  The finance
  commission may assign the banking commissioner, savings and
  mortgage lending [loan] commissioner, or consumer credit
  commissioner to conduct research on:
               (1)  the availability, quality, and prices of financial
  services, including lending and depository services, offered in
  this state to agricultural businesses, small businesses, and
  individual consumers in this state; and
               (2)  the practices of business entities in this state
  that provide financial services to agricultural businesses, small
  businesses, and individual consumers in this state.
         (b)  The banking commissioner, savings and mortgage lending
  [loan] commissioner, or consumer credit commissioner may:
               (1)  apply for and receive public and private grants
  and gifts to conduct the research authorized by this section; and
               (2)  contract with public and private entities to carry
  out studies and analyses under this section.
         SECTION 6.011.  Section 11.307(a), Finance Code, is amended
  to read as follows:
         (a)  The finance commission shall adopt rules applicable to
  each entity regulated by the Texas Department of Banking or the
  Department of Savings and Mortgage Lending [Loan Department]
  specifying the manner in which the entity provides consumers with
  information on how to file complaints with the appropriate agency.
         SECTION 6.012.  The heading of Chapter 13, Finance Code, is
  amended to read as follows:
  CHAPTER 13. DEPARTMENT OF SAVINGS AND MORTGAGE LENDING [LOAN
  DEPARTMENT]
         SECTION 6.013.  Section 13.002, Finance Code, is amended to
  read as follows:
         Sec. 13.002.  SAVINGS AND MORTGAGE LENDING [LOAN]
  COMMISSIONER.  (a)  The savings and mortgage lending [loan]
  commissioner is the chief executive officer of the Department of
  Savings and Mortgage Lending [Loan Department]. The finance
  commission, by at least five affirmative votes, shall appoint the
  savings and mortgage lending [loan] commissioner. The savings and
  mortgage lending [loan] commissioner serves at the will of the
  finance commission and is subject to the finance commission's
  orders and direction.
         (b)  The savings and mortgage lending [loan] commissioner
  must have not less than seven years' experience in the executive
  management of a savings association or savings bank or in savings
  association or savings bank supervision.
         (c)  The finance commission shall set the compensation of the
  savings and mortgage lending [loan] commissioner. The compensation
  shall be paid from money of the Department of Savings and Mortgage
  Lending [Loan Department].
         SECTION 6.014.  Section 13.003, Finance Code, is amended to
  read as follows:
         Sec. 13.003.  DEPUTY COMMISSIONERS.  (a)  The savings and
  mortgage lending [loan] commissioner shall appoint one or more
  deputy savings and mortgage lending [loan] commissioners.
         (b)  One deputy savings and mortgage lending [loan]
  commissioner must have the qualifications required of the savings
  and mortgage lending [loan] commissioner. During the savings and
  mortgage lending [loan] commissioner's absence or inability to
  serve, that deputy savings and mortgage lending [loan] commissioner
  has the powers and shall perform the duties of the savings and
  mortgage lending [loan] commissioner.
         SECTION 6.015.  Section 13.004, Finance Code, is amended to
  read as follows:
         Sec. 13.004.  EXAMINERS.  The savings and mortgage lending
  [loan] commissioner shall appoint savings association and savings
  bank examiners.
         SECTION 6.016.  Section 13.005, Finance Code, is amended to
  read as follows:
         Sec. 13.005.  COMPENSATION OF OFFICERS AND EMPLOYEES.  (a)  
  Subject to Subsection (b), each officer and employee of the
  Department of Savings and Mortgage Lending [Loan Department] is
  entitled to compensation set by the finance commission. The
  compensation shall be paid from the money of the Department of
  Savings and Mortgage Lending [Loan Department].
         (b)  Chapter 654, Government Code, applies to a position of
  the Department of Savings and Mortgage Lending [Loan Department]
  only if it is classified in salary groups 1-10 under the General
  Appropriations Act. The legislature in the General Appropriations
  Act may determine the total amount appropriated to the Department
  of Savings and Mortgage Lending [Loan Department] but may not
  determine the number or salaries of employees other than the
  positions specifically subject to Chapter 654, Government Code, as
  provided by this section. The finance commission, subject to the
  limits provided by this section, shall otherwise determine the
  number of employees of the Department of Savings and Mortgage
  Lending [Loan Department] and the salaries of those employees. The
  Department of Savings and Mortgage Lending [Loan Department] may
  use money appropriated to it for any purpose to pay the salaries
  determined by the finance commission.
         SECTION 6.017.  Section 13.006, Finance Code, is amended to
  read as follows:
         Sec. 13.006.  OATH OF OFFICE.  Before assuming the duties of
  office, each deputy savings and mortgage lending [loan]
  commissioner, examiner, assistant examiner, conservator,
  supervisor, and special agent and each other officer or employee
  specified by the savings and mortgage lending [loan] commissioner
  must take an oath of office to discharge faithfully the duties
  assigned and uphold the constitution and laws of this state and the
  United States.
         SECTION 6.018.  Section 13.007, Finance Code, is amended to
  read as follows:
         Sec. 13.007.  GENERAL POWERS AND DUTIES OF COMMISSIONER.  
  The savings and mortgage lending [loan] commissioner shall:
               (1)  supervise and regulate the organization,
  operation, and liquidation of state savings associations, as
  provided by Subtitle B, Title 3, and state savings banks, as
  provided by Subtitle C, Title 3; and
               (2)  enforce those subtitles personally or through a
  deputy savings and mortgage lending [loan] commissioner, examiner,
  supervisor, conservator, or other agent.
         SECTION 6.019.  Sections 13.008(b) and (c), Finance Code,
  are amended to read as follows:
         (b)  The savings and mortgage lending [loan] commissioner
  shall:
               (1)  collect all fees, penalties, charges, and revenue
  required to be paid by state savings associations and savings
  banks; and
               (2)  periodically submit to the finance commission, as
  directed by the finance commission, a complete report of the
  receipts and expenditures of the Department of Savings and Mortgage
  Lending [Loan Department].
         (c)  The cost of an audit of the financial transactions of
  the Department of Savings and Mortgage Lending [Loan Department]
  under Chapter 321, Government Code, shall be paid to the state
  auditor from the money of the Department of Savings and Mortgage
  Lending [Loan Department].
         SECTION 6.020.  Sections 13.010(b), (c), and (d), Finance
  Code, are amended to read as follows:
         (b)  A person may not be a Department of Savings and Mortgage
  Lending [Loan Department] employee employed in a "bona fide
  executive, administrative, or professional capacity," as that
  phrase is used for purposes of establishing an exemption to the
  overtime provisions of the federal Fair Labor Standards Act of 1938
  (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in a field regulated by the
  Department of Savings and Mortgage Lending [Loan Department]; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in a field regulated by the
  Department of Savings and Mortgage Lending [Loan Department].
         (c)  A person may not act as the general counsel to the
  Department of Savings and Mortgage Lending [Loan Department] if the
  person is required to register as a lobbyist under Chapter 305,
  Government Code, because of the person's activities for
  compensation on behalf of a profession related to the operation of
  the Department of Savings and Mortgage Lending. [Loan Department]
         (d)  Before the 11th day after the date on which an employee
  begins employment with the Department of Savings and Mortgage
  Lending [Loan Department], the employee shall read the
  conflict-of-interest statutes applicable to employees of the
  Department of Savings and Mortgage Lending [Loan Department] and
  sign a notarized affidavit stating that the employee has read those
  statutes.
         SECTION 6.021.  Sections 13.011(a), (c), (d), and (e),
  Finance Code, are amended to read as follows:
         (a)  The savings and mortgage lending [loan] commissioner
  shall prepare information of consumer interest describing:
               (1)  the regulatory functions of the Department of
  Savings and Mortgage Lending [Loan Department]; and
               (2)  the procedures by which consumer complaints are
  filed with and resolved by the Department of Savings and Mortgage
  Lending [Loan Department].
         (c)  The Department of Savings and Mortgage Lending [Loan
  Department] shall maintain a file on each written complaint filed
  with the Department of Savings and Mortgage Lending [Loan
  Department]. The file must include:
               (1)  the name of the person who filed the complaint;
               (2)  the date the complaint is received by the
  Department of Savings and Mortgage Lending [Loan Department];
               (3)  the subject matter of the complaint;
               (4)  the name of each person contacted in relation to
  the complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  an explanation of the reason the file was closed,
  if the agency closed the file without taking action other than to
  investigate the complaint.
         (d)  The Department of Savings and Mortgage Lending [Loan
  Department] shall provide to the person filing the complaint and to
  each person who is a subject of the complaint a copy of the
  Department of Savings and Mortgage Lending's [Loan Department's]
  policies and procedures relating to complaint investigation and
  resolution.
         (e)  The Department of Savings and Mortgage Lending [Loan
  Department], at least quarterly until final disposition of the
  complaint, shall notify the person filing the complaint and each
  person who is a subject of the complaint of the status of the
  investigation unless the notice would jeopardize an undercover
  investigation.
         SECTION 6.022.  Section 13.012, Finance Code, is amended to
  read as follows:
         Sec. 13.012.  SUNSET PROVISION.  The office of savings and
  mortgage lending [loan] commissioner and the Department of Savings
  and Mortgage Lending [Loan Department] are subject to Chapter 325,
  Government Code (Texas Sunset Act). Unless continued in existence
  as provided by that chapter, the office and department are
  abolished September 1, 2013.
         SECTION 6.023.  Section 13.013, Finance Code, is amended to
  read as follows:
         Sec. 13.013.  STANDARDS OF CONDUCT.  The savings and
  mortgage lending [loan] commissioner or the savings and mortgage
  lending [loan] commissioner's designee shall provide to agency
  employees, as often as necessary, information regarding the
  requirements for office or employment under this chapter, including
  information regarding a person's responsibilities under applicable
  laws relating to standards of conduct for state officers or
  employees.
         SECTION 6.024.  Sections 13.014(a) and (b), Finance Code,
  are amended to read as follows:
         (a)  The savings and mortgage lending [loan] commissioner or
  the savings and mortgage lending [loan] commissioner's designee
  shall prepare and maintain a written policy statement that
  implements a program of equal employment opportunity to ensure that
  all personnel decisions are made without regard to race, color,
  disability, sex, religion, age, or national origin.
         (b)  The policy statement must include:
               (1)  personnel policies, including policies relating
  to recruitment, evaluation, selection, training, and promotion of
  personnel, that show the intent of the Department of Savings and
  Mortgage Lending [Loan Department] to avoid the unlawful employment
  practices described by Chapter 21, Labor Code; and
               (2)  an analysis of the extent to which the composition
  of the Department of Savings and Mortgage Lending [Loan
  Department's] personnel is in accordance with state and federal law
  and a description of reasonable methods to achieve compliance with
  state and federal law.
         SECTION 6.025.  Section 13.015, Finance Code, is amended to
  read as follows:
         Sec. 13.015.  EMPLOYEE INCENTIVE PROGRAM.  The savings and
  mortgage lending [loan] commissioner or the savings and mortgage
  lending [loan] commissioner's designee shall provide to agency
  employees information and training on the benefits and methods of
  participation in the state employee incentive program.
         SECTION 6.026.  Section 61.002(5), Finance Code, is amended
  to read as follows:
               (5)  "Commissioner" means the savings and mortgage
  lending [loan] commissioner.
         SECTION 6.027.  Section 62.303(b), Finance Code, is amended
  to read as follows:
         (b)  For purposes of Subsection (a), an association is in
  good standing if the association has paid all fees, assessments,
  and money due and payable to the Department of Savings and Mortgage
  Lending [Loan Department].
         SECTION 6.028.  Section 62.559(a), Finance Code, is amended
  to read as follows:
         (a)  Except as provided by this section, information
  obtained by the commissioner under this subchapter is confidential
  and may not be disclosed by the commissioner or an officer or
  employee of the Department of Savings and Mortgage Lending [Loan
  Department].
         SECTION 6.029.  Section 66.001, Finance Code, is amended to
  read as follows:
         Sec. 66.001.  GENERAL DUTIES.  The Department of Savings and
  Mortgage Lending [Loan Department] and the commissioner shall
  regulate associations and subsidiaries of associations operating
  under this subtitle.
         SECTION 6.030.  Section 66.002, Finance Code, is amended to
  read as follows:
         Sec. 66.002.  ADOPTION OF RULES.  The finance commission may
  adopt rules relating to:
               (1)  the minimum amounts of capital stock and paid-in
  surplus required for incorporation as a capital stock association;
               (2)  the minimum amounts of savings liability and
  expense funds required for incorporation as a mutual association;
               (3)  the fees and procedures for processing, hearing,
  and deciding applications filed with the commissioner or the
  Department of Savings and Mortgage Lending [Loan Department] under
  this subtitle;
               (4)  the books and records that an association is
  required to keep and the location at which the books and records are
  required to be maintained;
               (5)  the accounting principles and practices that an
  association is required to observe;
               (6)  the conditions under which records may be copied
  or reproduced for permanent storage before the original records are
  destroyed;
               (7)  the form, contents, and time of publication of
  statements of condition;
               (8)  the form and contents of annual reports and other
  reports that an association is required to prepare and publish or
  file;
               (9)  the manner in which assets, liabilities, and
  transactions in general are to be described when entered in the
  books of an association, so that the entry accurately describes the
  subject matter of the entry; and
               (10)  the conditions under which the commissioner may
  require an asset to be charged off or reserves established by
  transfer from surplus or paid-in capital because of the
  depreciation of or overstated value of the asset.
         SECTION 6.031.  Section 66.107(b), Finance Code, is amended
  to read as follows:
         (b)  The commissioner shall set the matter for hearing to be
  held not earlier than the 11th day or later than the 30th day after
  the date of the request. The hearing must be held at the offices of
  the Department of Savings and Mortgage Lending [Loan Department] in
  Austin.
         SECTION 6.032.  Section 66.306, Finance Code, is amended to
  read as follows:
         Sec. 66.306.  PRIORITY OF CLAIMS.  On liquidation of an
  association, claims for payment have the following priority:
               (1)  obligations incurred by the commissioner or the
  liquidating agent, fees and assessments due the Department of
  Savings and Mortgage Lending [Loan Department], and expenses of
  liquidation, all of which may be covered by the proper reserve of
  money;
               (2)  approved claims of creditors, to the extent that
  the claims are secured by, or constitute a lien on, the assets or
  property of the association;
               (3)  approved claims of depositors against the general
  liquidating account of the association;
               (4)  approved claims of general creditors and the
  unsecured portion of a creditor obligation described by Subdivision
  (2);
               (5)  otherwise approved claims that were not filed
  within the time prescribed by Section 66.305;
               (6)  approved claims of subordinated creditors; and
               (7)  claims of shareholders of the association.
         SECTION 6.033.  Sections 66.401(c) and (d), Finance Code,
  are amended to read as follows:
         (c)  The commissioner may employ legal counsel to bring and
  prosecute a derivative suit. The commissioner may:
               (1)  pay the counsel from funds appropriated for the
  operation of the Department of Savings and Mortgage Lending [Loan
  Department]; or
               (2)  require the association for which the suit is
  brought to pay the counsel directly or to reimburse the Department
  of Savings and Mortgage Lending [Loan Department] for the payment.
         (d)  The association shall be paid an amount equal to the
  amount of the proceeds of a judgment on a suit brought under this
  section less unreimbursed costs and expenses, including attorney's
  fees, incurred by the Department of Savings and Mortgage Lending
  [Loan Department] in prosecuting the suit.
         SECTION 6.034.  Section 89.006(a), Finance Code, is amended
  to read as follows:
         (a)  The commissioner, a member of the finance commission, a
  deputy commissioner, an examiner, or any other officer or employee
  of the Department of Savings and Mortgage Lending [Loan Department]
  is not personally liable for damages arising from the person's
  official act or omission unless the act or omission is corrupt or
  malicious.
         SECTION 6.035.  Section 89.052(a), Finance Code, is amended
  to read as follows:
         (a)  The commissioner and an examiner, supervisor,
  conservator, liquidator, inspector, deputy, assistant, clerk, or
  other employee of the Department of Savings and Mortgage Lending
  [Loan Department] who is appointed or acting under this subtitle
  shall be removed from the person's position with the department if
  the person:
               (1)  does not keep secret a fact or information about an
  association obtained during an examination or because of the
  person's official position, except when the public duty of the
  person requires otherwise; or
               (2)  wilfully makes a false official report about the
  condition of an association.
         SECTION 6.036.  Section 89.102(a), Finance Code, is amended
  to read as follows:
         (a)  The commissioner may require an association that
  knowingly violates this subtitle or a rule adopted under this
  subtitle to pay to the Department of Savings and Mortgage Lending
  [Loan Department] an administrative penalty not to exceed $1,000
  for each day that the violation occurs after notice of the violation
  is given by the commissioner.
         SECTION 6.037.  Sections 91.002(1) and (5), Finance Code,
  are amended to read as follows:
               (1)  "Appropriate banking agency":
                     (A)  means:
                           (i)  with respect to a savings bank
  chartered by this state, the Department of Savings and Mortgage
  Lending [Loan Department];
                           (ii)  with respect to a federal savings
  bank, the Office of Thrift Supervision;
                           (iii)  with respect to a savings and loan
  association chartered by this state, the Department of Savings and
  Mortgage Lending [Loan Department];
                           (iv)  with respect to a federal savings and
  loan association, the Office of Thrift Supervision;
                           (v)  with respect to a bank chartered by this
  state, the Texas Department of Banking; and
                           (vi)  with respect to a national bank, the
  Office of the Comptroller of the Currency; and
                     (B)  includes:
                           (i)  in each case in which a state bank is a
  member of the Federal Reserve System, the board of governors of the
  Federal Reserve System;
                           (ii)  in each case where required by the
  Federal Deposit Insurance Act (12 U.S.C. Section 1811 et seq.), the
  Federal Deposit Insurance Corporation; and
                           (iii)  any successor of a state or federal
  agency specified by this subdivision.
               (5)  "Commissioner" means the savings and mortgage
  lending [loan] commissioner.
         SECTION 6.038.  Section 92.555(a), Finance Code, is amended
  to read as follows:
         (a)  Except as provided by this section, information the
  commissioner obtains under this subchapter that is not published is
  confidential and may not be disclosed by the commissioner or an
  officer or employee of the Department of Savings and Mortgage
  Lending [Loan Department].
         SECTION 6.039.  Section 96.001, Finance Code, is amended to
  read as follows:
         Sec. 96.001.  GENERAL DUTIES.  The Department of Savings and
  Mortgage Lending [Loan Department] and the commissioner shall
  regulate savings banks and subsidiaries of savings banks operating
  under this subtitle.
         SECTION 6.040.  Section 96.002(a), Finance Code, is amended
  to read as follows:
         (a)  The finance commission may adopt rules necessary to
  supervise and regulate savings banks and to protect public
  investment in savings banks, including rules relating to:
               (1)  the minimum amounts of capital required to
  incorporate and operate as a savings bank, which may not be less
  than the amounts required of corresponding national banks;
               (2)  the fees and procedures for processing, hearing,
  and deciding applications filed with the commissioner or the
  Department of Savings and Mortgage Lending [Loan Department] under
  this subtitle;
               (3)  the books and records that a savings bank is
  required to keep and the location at which the books and records are
  required to be maintained;
               (4)  the accounting principles and practices that a
  savings bank is required to observe;
               (5)  the conditions under which records may be copied
  or reproduced for permanent storage before the originals are
  destroyed;
               (6)  the form, content, and time of publication of
  statements of condition;
               (7)  the form and content of annual reports and other
  reports that a savings bank is required to prepare and publish or
  file;
               (8)  the manner in which assets, liabilities, and
  transactions in general are to be described when entered in the
  books of a savings bank, so that the entry accurately describes the
  subject matter of the entry;
               (9)  the conditions under which the commissioner may
  require an asset to be charged off or reserves established by
  transfer from surplus or paid-in capital because of depreciation of
  or overstated value of the asset;
               (10)  the change of control of a savings bank;
               (11)  the conduct, management, and operation of a
  savings bank;
               (12)  the withdrawable accounts, bonuses, plans, and
  contracts for savings programs;
               (13)  the merger, consolidation, reorganization,
  conversion, and liquidation of a savings bank;
               (14)  the establishment of an additional office or the
  change of office location or name of a savings bank;
               (15)  the requirements for a savings bank's holding
  companies, including those relating to:
                     (A)  registration and periodic reporting of a
  holding company with the commissioner; and
                     (B)  transactions between a holding company, an
  affiliate of a holding company, or a savings bank; and
               (16)  the powers of a savings bank to make loans and
  investments that contain provisions reasonably necessary to ensure
  that a loan made by a savings bank is consistent with sound lending
  practices and that the savings bank's investment will promote the
  purposes of this subtitle, including provisions governing:
                     (A)  the type of loans and the conditions under
  which a savings bank may originate, make, or sell loans;
                     (B)  the conditions under which a savings bank may
  purchase or participate in a loan made by another lender;
                     (C)  the conditions for the servicing of a loan
  for another lender;
                     (D)  the conditions under which a savings bank may
  lend money on the security of a loan made by another person;
                     (E)  the conditions under which a savings bank may
  pledge loans held by it as collateral for borrowing by the savings
  bank;
                     (F)  the conditions under which a savings bank may
  invest in securities and debt instruments;
                     (G)  the documentation that a savings bank must
  have in its files at the time of funding or purchase of a loan, an
  investment, or a participation in a loan;
                     (H)  the form and content of statements of
  expenses and fees and other charges that are paid by a borrower or
  that a borrower is obligated to pay;
                     (I)  the title information that must be
  maintained;
                     (J)  the borrower's insurance coverage of
  property securing a loan;
                     (K)  an appraisal report;
                     (L)  the financial statement of a borrower;
                     (M)  the fees or other compensation that may be
  paid to a person in connection with obtaining a loan for a savings
  bank, including an officer, director, employee, affiliated person,
  consultant, or third party;
                     (N)  the conditions under which the savings bank
  may advance money to pay a tax, assessment, insurance premium, or
  other similar charge for the protection of the savings bank's
  interest in property securing the savings bank's loans;
                     (O)  the terms under which a savings bank may
  acquire and deal in real property;
                     (P)  the valuation on a savings bank's books of
  real property held by the savings bank;
                     (Q)  the terms governing the investment by a
  savings bank in a subsidiary, the powers that may be exercised by a
  subsidiary, and the activities that may be engaged in by a
  subsidiary; and
                     (R)  any other matter considered necessary to
  administer each type of transaction.
         SECTION 6.041.  Section 96.107(b), Finance Code, is amended
  to read as follows:
         (b)  The commissioner shall set the hearing to be held not
  earlier than the 10th day or later than the 30th day after the date
  of the request. The hearing must be held at the offices of the
  Department of Savings and Mortgage Lending [Loan Department].
         SECTION 6.042.  Section 96.159(b), Finance Code, is amended
  to read as follows:
         (b)  The commissioner shall set the hearing to be held not
  earlier than the 10th day or later than the 30th day after the date
  of the request. The hearing must be held at the offices of the
  Department of Savings and Mortgage Lending [Loan Department].
         SECTION 6.043.  Section 96.351, Finance Code, is amended to
  read as follows:
         Sec. 96.351.  DISCLOSURE BY DEPARTMENT PROHIBITED.  Except
  as otherwise provided by this subtitle or a rule adopted under this
  subtitle, the following are confidential and may not be disclosed
  by the commissioner or an examiner, supervisor, conservator,
  liquidator, inspector, deputy, or assistant clerk or other employee
  of the Department of Savings and Mortgage Lending [Loan Department]
  who is appointed or acting under this subtitle:
               (1)  information, regardless of the circumstances
  under which the information is obtained, regarding a financial
  institution or a shareholder, participant, officer, director,
  manager, affiliate, or service provider of a financial institution,
  other than information in a public statement or the public portion
  of a call report or profit and loss statement; and
               (2)  all related files and records of the department.
         SECTION 6.044.  Section 96.353(a), Finance Code, is amended
  to read as follows:
         (a)  Confidential information that is provided to a
  financial institution or an affiliate or service provider of a
  financial institution, whether in the form of a report of
  examination or otherwise, is the confidential property of the
  Department of Savings and Mortgage Lending [Loan Department].
         SECTION 6.045.  Section 96.355(a), Finance Code, is amended
  to read as follows:
         (a)  Notwithstanding any other law, the commissioner may
  refuse to release information or records in the custody of the
  Department of Savings and Mortgage Lending [Loan Department] if the
  commissioner believes release of the information or records might
  jeopardize an investigation of possibly unlawful activities.
         SECTION 6.046.  Section 96.357, Finance Code, is amended to
  read as follows:
         Sec. 96.357.  REMOVAL FOR VIOLATION.  A person who violates
  this subchapter or who wilfully makes a false official report on the
  condition of a financial institution shall be removed from office
  or further employment with the Department of Savings and Mortgage
  Lending [Loan Department].
         SECTION 6.047.  Sections 96.401(c) and (d), Finance Code,
  are amended to read as follows:
         (c)  The commissioner may employ legal counsel to bring and
  prosecute a derivative suit. The commissioner may:
               (1)  pay counsel from funds appropriated for the
  operation of the Department of Savings and Mortgage Lending [Loan
  Department]; or
               (2)  require the savings bank for which the suit is
  brought to pay the counsel directly or to reimburse the Department
  of Savings and Mortgage Lending [Loan Department] for the payment.
         (d)  The savings bank shall be paid an amount equal to the
  amount of the proceeds of a judgment on a suit brought under this
  section less unreimbursed costs and expenses, including attorney's
  fees incurred by the Department of Savings and Mortgage Lending
  [Loan Department] in prosecuting the suit.
         SECTION 6.048.  Section 96.404, Finance Code, is amended to
  read as follows:
         Sec. 96.404.  INTEREST IN SAVINGS BANK PROHIBITED FOR
  DEPARTMENT.  (a)  A savings bank or a director, officer, employee,
  or representative of a savings bank may not give a loan or gratuity,
  directly or indirectly, to the commissioner, an employee of the
  Department of Savings and Mortgage Lending [Loan Department], or a
  spouse of the commissioner or employee.
         (b)  The commissioner or an employee of the Department of
  Savings and Mortgage Lending [Loan Department] may not:
               (1)  hold an office or position in a domestic savings
  bank or exercise a right to vote on a domestic savings bank matter
  because the person is a member of or shareholder in the savings
  bank;
               (2)  hold an interest, directly or indirectly, in a
  domestic savings bank; or
               (3)  undertake an indebtedness as a borrower, directly
  or indirectly, or endorser, surety, or guarantor or sell or
  otherwise dispose of a loan or investment to a domestic savings
  bank.
         (c)  If the commissioner or an employee of the Department of
  Savings and Mortgage Lending [Loan Department] has a prohibited,
  direct or indirect right or interest in a domestic savings bank at
  the time of appointment or employment, the commissioner or employee
  shall dispose of the right or interest not later than the 60th day
  after the date of appointment or employment.
         (d)  If the commissioner or an employee of the Department of
  Savings and Mortgage Lending [Loan Department] is indebted as a
  borrower, directly or indirectly, or is an endorser, surety, or
  guarantor on a note to a domestic savings bank at the time of
  appointment or employment, the commissioner or employee may
  continue in that capacity until that debt is paid.
         SECTION 6.049.  Section 96.405, Finance Code, is amended to
  read as follows:
         Sec. 96.405.  PERMITTED TRANSACTIONS FOR DEPARTMENT
  RELATING TO SAVINGS BANK.  (a)  The commissioner or an employee of
  the Department of Savings and Mortgage Lending [Loan Department]
  may hold a deposit account at a savings bank and receive earnings on
  the account.
         (b)  If a loan or other note of the commissioner or an
  employee of the Department of Savings and Mortgage Lending [Loan
  Department] is acquired by a savings bank, the commissioner or
  employee may continue as a borrower, endorser, surety, or guarantor
  of the loan or note until the loan or note is paid.
         SECTION 6.050.  Section 119.008(a), Finance Code, is amended
  to read as follows:
         (a)  The commissioner, a member of the finance commission, a
  deputy commissioner, an examiner, or any other officer or employee
  of the Department of Savings and Mortgage Lending [Loan Department]
  is not personally liable for damages arising from the person's
  official act or omission unless the act or omission is corrupt or
  malicious.
         SECTION 6.051.  Section 119.201(a), Finance Code, is amended
  to read as follows:
         (a)  The commissioner may require a savings bank that
  knowingly violates this subtitle or a rule adopted under this
  subtitle to pay to the Department of Savings and Mortgage Lending
  [department] an administrative penalty not to exceed $10,000 for
  each day that the violation occurs after notice of the violation is
  given by the commissioner.
         SECTION 6.052.  Section 156.002(1), Finance Code, is amended
  to read as follows:
               (1)  "Commissioner" means the savings and mortgage
  lending [loan] commissioner.
         SECTION 6.053.  Section 157.002(1), Finance Code, is amended
  to read as follows:
               (1)  "Commissioner" means the savings and mortgage
  lending [loan] commissioner.
         SECTION 6.054.  Section 157.007, Finance Code, is amended to
  read as follows:
         Sec. 157.007.  DISCLOSURE STATEMENT.  A mortgage banker
  shall include the following notice to a mortgage loan applicant
  with an application for a mortgage loan:
         "COMPLAINTS REGARDING MORTGAGE BANKERS SHOULD BE SENT TO THE
  DEPARTMENT OF SAVINGS AND MORTGAGE LENDING [LOAN DEPARTMENT],
  ______________________________ (street address of the Department
  of Savings and Mortgage Lending [Loan Department]). A TOLL-FREE
  CONSUMER HOTLINE IS AVAILABLE AT _______________ (telephone number
  of the Department of Savings and Mortgage Lending's [Loan
  Department's] toll-free consumer hotline)."
         SECTION 6.055.  Section 157.008(a), Finance Code, is amended
  to read as follows:
         (a)  If the Department of Savings and Mortgage Lending [Loan
  Department] receives a signed written complaint from a person
  concerning a mortgage banker, the commissioner shall notify the
  representative designated by the mortgage banker under Section
  157.003(b) in writing of the complaint and provide a copy of the
  complaint to the representative.
         SECTION 6.056.  Section 187.202(e), Finance Code, is amended
  to read as follows:
         (e)  A credit union, savings association, or savings bank
  that does not maintain a branch in this state and desires to
  establish or acquire and maintain a representative trust office
  shall comply with this section, except that the notice required by
  Subsection (a) must be filed with, and the duties and
  responsibilities of the banking commissioner under Subsections
  (b)-(d) shall be performed by:
               (1)  the Texas credit union commissioner, with respect
  to a credit union; or
               (2)  the Texas savings and mortgage lending [loan]
  commissioner, with respect to a savings association or savings
  bank.
         SECTION 6.057.  Section 187.303(b), Finance Code, is amended
  to read as follows:
         (b)  With respect to the trust business of a credit union,
  savings association, or savings bank, the duties and
  responsibilities of the banking commissioner under Subsection (a)
  shall be performed by:
               (1)  the Texas credit union commissioner, with respect
  to a credit union; or
               (2)  the Texas savings and mortgage lending [loan]
  commissioner, with respect to a savings association or savings
  bank.
         SECTION 6.058.  Section 201.002(9), Finance Code, is amended
  to read as follows:
               (9)  "Commissioner" has the meaning assigned to the
  term "banking commissioner" by Section 31.002(a), except that for
  purposes of Chapter 203 and the laws of this state as they relate to
  Chapter 203, with respect to a state savings bank, the term means
  the savings and mortgage lending [loan] commissioner of Texas.
         SECTION 6.059.  Section 273.003(2), Finance Code, is amended
  to read as follows:
               (2)  "Commissioner" means the savings and mortgage
  lending [loan] commissioner.
         SECTION 6.060.  Section 341.103, Finance Code, is amended to
  read as follows:
         Sec. 341.103.  REGULATION OF SAVINGS ASSOCIATIONS.  (a)  The
  savings and mortgage lending [loan] commissioner shall enforce this
  subtitle relating to the regulation of state savings associations
  operating under this subtitle.
         (b)  The official exercising authority over the operation of
  federal savings associations equivalent to the authority exercised
  by the savings and mortgage lending [loan] commissioner over state
  savings associations may enforce this subtitle relating to the
  regulation of a federal savings association operating under this
  subtitle.
         SECTION 6.061.  Section 411.081(i), Government Code, is
  amended to read as follows:
         (i)  A criminal justice agency may disclose criminal history
  record information that is the subject of an order of nondisclosure
  to the following noncriminal justice agencies or entities only:
               (1)  the State Board for Educator Certification;
               (2)  a school district, charter school, private school,
  regional education service center, commercial transportation
  company, or education shared service arrangement;
               (3)  the Texas State Board of Medical Examiners;
               (4)  the Texas School for the Blind and Visually
  Impaired;
               (5)  the Board of Law Examiners;
               (6)  the State Bar of Texas;
               (7)  a district court regarding a petition for name
  change under Subchapter B, Chapter 45, Family Code;
               (8)  the Texas School for the Deaf;
               (9)  the Department of Family and Protective Services;
               (10)  the Texas Youth Commission;
               (11)  the Department of Assistive and Rehabilitative
  Services;
               (12)  the Department of State Health Services, a local
  mental health service, a local mental retardation authority, or a
  community center providing services to persons with mental illness
  or retardation;
               (13)  the Texas Private Security Board;
               (14)  a municipal or volunteer fire department;
               (15)  the Board of Nurse Examiners;
               (16)  a safe house providing shelter to children in
  harmful situations;
               (17)  a public or nonprofit hospital or hospital
  district;
               (18)  the Texas Juvenile Probation Commission;
               (19)  the securities commissioner, the banking
  commissioner, the savings and mortgage lending [loan]
  commissioner, or the credit union commissioner;
               (20)  the Texas State Board of Public Accountancy;
               (21)  the Texas Department of Licensing and Regulation;
               (22)  the Health and Human Services Commission; and
               (23)  the Department of Aging and Disability Services.
         SECTION 6.062.  Section 411.1385, Government Code, is
  amended to read as follows:
         Sec. 411.1385.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: SAVINGS AND MORTGAGE LENDING [LOAN] COMMISSIONER.  
  (a)  The savings and mortgage lending [loan] commissioner is
  entitled to obtain from the department criminal history record
  information maintained by the department that relates to a person
  who is an applicant for or holder of a mortgage broker or loan
  officer license issued under Chapter 156, Finance Code.
         (b)  Criminal history record information obtained by the
  savings and mortgage lending [loan] commissioner under Subsection
  (a) may be released or disclosed only as provided by Section
  156.206, Finance Code.
         SECTION 6.063.  Sections 2306.260(a) and (g), Government
  Code, are amended to read as follows:
         (a)  The department shall conduct a study to examine mortgage
  foreclosure rates in Bexar, Cameron, Dallas, El Paso, Harris, and
  Travis Counties and shall establish an advisory committee to direct
  the focus of the study. The advisory committee shall be composed
  of:
               (1)  the director or the director's representative;
               (2)  the savings and mortgage lending [loan]
  commissioner or the commissioner's representative;
               (3)  four members appointed by the director who
  represent community and consumer interests;
               (4)  four members appointed by the savings and mortgage
  lending [loan] commissioner who represent the mortgage lending
  industry; and
               (5)  a representative of the Texas Housing Research
  Consortium at The University of Texas at Austin.
         (g)  All information used to conduct the study must be
  accessible to the department, the Department of Savings and
  Mortgage Lending [Loan Department], and the legislature. The
  department shall prepare a consolidated analysis and
  recapitulation of the information used to conduct the study and
  shall make the analysis and recapitulation available to the public.
  The department shall ensure that the analysis and recapitulation of
  the information used to conduct the study contain only aggregate
  data and do not contain data specific to any mortgage.
         SECTION 6.064.  Section 12.018, Property Code, is amended to
  read as follows:
         Sec. 12.018.  TRANSFER BY RECEIVER OR CONSERVATOR OF FAILED
  DEPOSITORY INSTITUTION.  If a bank, savings and loan association,
  savings bank, or other depository institution is placed in
  receivership or conservatorship by a state or federal agency,
  instrumentality, or institution, including the Banking Department
  of Texas, Department of Savings and Mortgage Lending [Loan
  Department] of Texas, Office of the Comptroller of the Currency,
  Resolution Trust Corporation, Federal Deposit Insurance
  Corporation, Federal Savings and Loan Insurance Corporation, or
  their successors, a person at any time may record an affidavit or
  memorandum of a sale, transfer, purchase, or acquisition agreement
  between the receiver or conservator of the failed depository
  institution and another depository institution. If the sale,
  transfer, purchase, or acquisition agreement transfers or sells an
  interest in land or in a mortgage or other lien vested according to
  the real property records in the failed depository institution, a
  recorded affidavit or memorandum under this section is constructive
  notice of the transfer or sale. The failure of the affidavit or
  memorandum to be executed by the record owner or of the affidavit,
  memorandum, or agreement to contain language of conveyance does not
  create a defect in title to the land or the lien.
         SECTION 6.065.  Section 74.704, Property Code, is amended to
  read as follows:
         Sec. 74.704.  ASSISTANCE IN ENFORCEMENT.  If the
  comptroller or the attorney general requests, the State Auditor,
  Banking Commissioner of Texas, securities commissioner,
  commissioner of insurance, savings and mortgage lending [loan]
  commissioner, Credit Union Commission, Department of Public Safety
  of the State of Texas, or any district or county attorney shall
  assist the comptroller or attorney general in enforcing this title.
         SECTION 6.066.  Section 721.003(a), Transportation Code, is
  amended to read as follows:
         (a)  The governing bodies of the following state agencies or
  divisions by rule may exempt from the requirements of Section
  721.002 a motor vehicle that is under the control and custody of the
  agency or division:
               (1)  Texas Commission on Fire Protection;
               (2)  Texas State Board of Pharmacy;
               (3)  Texas Department of Mental Health and Mental
  Retardation;
               (4)  Department of Public Safety of the State of Texas;
               (5)  the institutional division or the pardons and
  paroles division of the Texas Department of Criminal Justice;
               (6)  Board of Pardons and Paroles;
               (7)  Parks and Wildlife Department;
               (8)  Railroad Commission of Texas;
               (9)  Texas Alcoholic Beverage Commission;
               (10)  Texas Department of Banking;
               (11)  Department of Savings and Mortgage Lending [Loan
  Department];
               (12)  Texas Juvenile Probation Commission;
               (13)  Texas Natural Resource Conservation Commission;
               (14)  Texas Youth Commission;
               (15)  Texas Lottery Commission;
               (16)  the office of the attorney general;
               (17)  Texas Department of Insurance; and
               (18)  an agency that receives an appropriation under an
  article of the General Appropriations Act that appropriates money
  to the legislature.
         SECTION 6.067.  Section 171.260(b), Tax Code, is amended to
  read as follows:
         (b)  The savings and mortgage lending [loan] commissioner
  shall appoint a conservator under Subtitle B or C, Title 3, Finance
  Code, to pay the franchise tax of a savings and loan association
  that is organized under the laws of this state and that the
  commissioner certifies as being delinquent in the payment of the
  association's franchise tax.
         SECTION 6.068.  Section 26.342(3), Water Code, is amended to
  read as follows:
               (3)  "Corporate fiduciary" means an entity chartered by
  the Banking Department of Texas, the Department of Savings and
  Mortgage Lending [Loan Department of Texas], the United States
  comptroller of the currency, or the director of the United States
  Office of Thrift Supervision that acts as a receiver, conservator,
  guardian, executor, administrator, trustee, or fiduciary of real or
  personal property.
  ARTICLE 7.  CHANGES RELATING TO GOVERNMENT CODE
  PART A.  GENERAL CHANGES
         SECTION 7.001.  Section 51.201(a), Government Code, is
  amended to conform to Section 5a, Article V, Texas Constitution, as
  added by H.J.R. No. 75, Acts of the 77th Legislature, Regular
  Session, 2001, and approved by the voters at the election held
  November 6, 2001, to read as follows:
         (a)  An [A clerk of a court of appeals serves for a term of
  two years and the] order appointing a [the] clerk of a court of
  appeals must be recorded in the minutes of the court.
         SECTION 7.002.  Section 57.002(c), Government Code, as
  amended by Chapters 584 and 614, Acts of the 79th Legislature,
  Regular Session, 2005, is reenacted to read as follows:
         (c)  Subject to Subsection (e), in a county with a population
  of less than 50,000, a court may appoint a spoken language
  interpreter who is not a licensed court interpreter.
         SECTION 7.003.  Section 305.0062(d), Government Code, is
  amended to correct a reference to read as follows:
         (d)  If a registrant cannot reasonably determine the amount
  of an expenditure under Section 305.006(b) that is directly
  attributable to a member of the legislative or executive branch as
  required by Subsection (a), the registrant shall apportion the
  expenditure made by that registrant or by others on the
  registrant's behalf and with the registrant's consent or
  ratification according to the total number of persons in
  attendance. However, if an expenditure is for an event to which all
  legislators are invited, the registrant shall report the
  expenditure under Subsection (a)(8) [(a)(7)] and not under any
  other subdivision of that subsection or any other provision of this
  chapter.
         SECTION 7.004.  Section 411.110(a), Government Code, as
  amended by Chapters 282 and 1300, Acts of the 79th Legislature,
  Regular Session, 2005, is reenacted and amended to read as follows:
         (a)  The Department of State Health Services is entitled to
  obtain from the department criminal history record information
  maintained by the department that relates to:
               (1)  a person who is:
                     (A)  an applicant for a license or certificate
  under the Emergency Medical Services Act (Chapter 773, Health and
  Safety Code);
                     (B)  an owner or manager of an applicant for an
  emergency medical services provider license under that Act; or
                     (C)  the holder of a license or certificate under
  that Act; [or]
               (2)  an applicant for a license or a license holder
  under Subchapter N, Chapter 431, Health and Safety Code; or
               (3) [(2)]  an applicant for a license, the owner or
  manager of an applicant for a massage establishment license, or a
  license holder under Chapter 455, Occupations Code.
         SECTION 7.0041.  Section 2054.2595, Government Code, is
  repealed to conform to Section 8, Chapter 1260, Acts of the 79th
  Legislature, Regular Session, 2005, and Section 6, Chapter 1292,
  Acts of the 79th Legislature, Regular Session, 2005.
         SECTION 7.0042.  Section 2054.260, Government Code, as
  amended by Chapters 1260 and 1292, Acts of the 79th Legislature,
  Regular Session, 2005, is reenacted to read as follows:
         Sec. 2054.260.  REPORTING REQUIREMENTS. (a)  Not later than
  September 1 of each even-numbered year, the department shall report
  on the status, progress, benefits, and efficiency gains of the
  project. The department shall provide the report to:
               (1)  the presiding officer of each house of the
  legislature;
               (2)  the chair of each committee in the legislature
  that has primary jurisdiction over the department;
               (3)  the governor; and
               (4)  each state agency or local government
  participating in the project.
         (b)  Not later than September 1 of each even-numbered year,
  the department shall report on financial matters, including project
  costs and revenues, and on any significant issues regarding
  contract performance on the project.
         (c)  The department shall provide the report to:
               (1)  the presiding officer of each house of the
  legislature; and
               (2)  the chair of each committee in the legislature
  with primary jurisdiction over the department.
         SECTION 7.0043.  Sections 2054.272(a) and (c), Government
  Code, as added by Chapter 672, Acts of the 79th Legislature, Regular
  Session, 2005, are amended to conform to Section 26, Chapter 1260,
  Acts of the 79th Legislature, Regular Session, 2005, to read as
  follows:
         (a)  A state agency that has jurisdiction over matters
  related to occupational licenses, including a licensing entity of
  this state, shall develop in cooperation with the department
  [authority] a link through the TexasOnline portal.
         (c)  The department [authority] may not charge a fee to
  implement this section.
         SECTION 7.005.  Section 2054.272, Government Code, as added
  by Chapter 1292, Acts of the 79th Legislature, Regular Session,
  2005, and Section 2054.273, Government Code, as added by Chapter
  1260, Acts of the 79th Legislature, Regular Session, 2005, are
  consolidated and renumbered as Section 2054.2721, Government Code,
  and reenacted to read as follows:
         Sec. 2054.2721.  INDEPENDENT ANNUAL AUDIT.  (a)  Not later
  than August 1 of each year, any private vendor chosen to implement
  or manage the project shall have an audit of the vendor's finances
  associated with the management and operation of the project
  performed by an independent certified public accountant selected by
  the state. The vendor shall pay for the audit and shall have a copy
  of the audit provided to the department.
         (b)  Not later than August 15 of each year, the department
  shall provide a copy of the audit report to:
               (1)  the presiding officer of each house of the
  legislature; and
               (2)  the chair of each committee in the legislature
  with primary jurisdiction over the department.
         (c)  The department shall keep a copy of the audit report and
  make the audit report available for inspection by any interested
  person during regular business hours.
         SECTION 7.0051.  Section 2054.273(a), Government Code, as
  added by Chapter 1292, Acts of the 79th Legislature, Regular
  Session, 2005, is amended to conform to Section 26, Chapter 1260,
  Acts of the 79th Legislature, Regular Session, 2005, to read as
  follows:
         (a)  A state agency or a vendor, as determined by the
  department [authority], shall collect all fees charged to use the
  project. If a state agency collects the fees charged to use the
  project, the state agency shall forward the fees to the vendor, if
  the state has contracted with a vendor under Section 2054.252(d).
  If the state has not contracted with a vendor, the state agency
  shall forward to the state an amount equal to the state's share of
  the fees. If a vendor collects or receives the fees charged for use
  of the project, it shall forward to the state an amount equal to the
  state's share of the fees as provided by the vendor's contract with
  the department.
         SECTION 7.0052.  Section 2205.043(b), Government Code, is
  amended to correct a reference to read as follows:
         (b)  The board shall adopt rules, consistent with federal
  regulations and Section 3101.001 [Article 6139f, Revised
  Statutes], governing the color, size, and location of marks of
  identification required by this section.
         SECTION 7.006.  Section 2262.051(a), Government Code, as
  amended by Chapters 309 and 785, Acts of the 78th Legislature,
  Regular Session, 2003, is reenacted to read as follows:
         (a)  In consultation with the attorney general, the
  Department of Information Resources, the comptroller, and the state
  auditor, the commission shall develop or periodically update a
  contract management guide for use by state agencies. Participation
  by the state auditor under this subsection is subject to approval by
  the legislative audit committee for inclusion in the audit plan
  under Section 321.013(c).
  PART B.  UPDATE OF COURT FEES
         SECTION 7.101.  The heading to Section 101.021, Government
  Code, is amended to read as follows:
         Sec. 101.021.  SUPREME COURT FEES AND COSTS: GOVERNMENT
  CODE.
         SECTION 7.102.  The heading to Section 101.041, Government
  Code, is amended to read as follows:
         Sec. 101.041.  COURT OF APPEALS FEES AND COSTS: GOVERNMENT
  CODE.
         SECTION 7.103.  (a)  Subchapter D, Chapter 101, Government
  Code, is amended by amending Section 101.061 and adding Sections
  101.0611 through 101.0617 to read as follows:
         Sec. 101.061.  DISTRICT COURT FEES AND COSTS: CIVIL PRACTICE
  AND REMEDIES CODE.  The clerk of a district court shall collect
  fees and costs under the Civil Practice and Remedies Code 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 $15 [$10];
               (4)  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;
               (5)  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
               (6)  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.
         Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
  CODE.  The clerk of a district court shall collect fees and costs
  under the Government Code as follows:
               (1)  appellate judicial system filing fees for:
                     (A)  First or Fourteenth Court of Appeals District
  (Sec. 22.2021, Government Code) . . . not more than $5;
                     (B)  Second Court of Appeals District (Sec.
  22.2031, Government Code) . . . not more than $5;
                     (C)  Third Court of Appeals District (Sec.
  22.2041, Government Code) . . . $5;
                     (D)  Fourth Court of Appeals District (Sec.
  22.2051, Government Code) . . . not more than $5;
                     (E) [(D)]  Fifth Court of Appeals District (Sec.
  22.2061, Government Code) . . . not more than $5;
                     (F)  Eleventh Court of Appeals District (Sec.
  22.2121, Government Code) . . . $5; and
                     (G) [(E)]  Thirteenth Court of Appeals District
  (Sec. 22.2141, Government Code) . . . not more than $5;
               (2)  when administering a case for the Rockwall County
  Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
  court costs as if the case had been filed in district court;
               (3) [(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; and
                     (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;]
               (4) [(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;
               (5) [(7)]  for filing a cross-action, counterclaim,
  intervention, contempt action, motion for new trial, or third-party
  petition (Sec. 51.317, Government Code) . . . $15;
               (6) [(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;
               (7) [(9)]  for records management and preservation
  (Sec. 51.317, Government Code) . . . $10;
               (8) [(10)]  for issuing a subpoena, including one copy
  (Sec. 51.318, Government Code) . . . $8;
               (9) [(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;
               (10) [(12)]  for searching files or records to locate a
  cause when the docket number is not provided (Sec. 51.318,
  Government Code) . . . $5;
               (11) [(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;
               (12) [(14)]  for abstracting a judgment (Sec. 51.318,
  Government Code) . . . $8;
               (13) [(15)]  for approving a bond (Sec. 51.318,
  Government Code) . . . $4;
               (14) [(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;
               (15) [(17)]  for a noncertified copy, for each page or
  part of a page (Sec. 51.318, Government Code) . . . not to exceed
  $1;
               (16)  fee for performing a service:
                     (A)  related to the matter of the estate of a
  deceased person (Sec. 51.319, Government Code) . . . the same fee
  allowed the county clerk for those services;
                     (B)  related to the matter of a minor (Sec.
  51.319, Government Code) . . . the same fee allowed the county
  clerk for the service;
                     (C)  of serving process by certified or registered
  mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
  constable is authorized to charge for the service under Section
  118.131, Local Government Code; and
                     (D)  prescribed or authorized by law but for which
  no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
               (17) [(18)]  jury fee (Sec. 51.604, Government Code)
  . . . $30;
               (18)  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 $30;
               (19)  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
               (20)  at a hearing held by an associate judge in Duval
  County, a court cost to preserve the record (Sec. 54.1151,
  Government Code) . . . as imposed by the referring court or
  associate judge.
         Sec. 101.0612.  DISTRICT COURT FEES AND COSTS: HEALTH AND
  SAFETY CODE. The clerk of a district court shall collect for filing
  a report of divorce or annulment a fee of $1 under Section 
  [(Sec.]194.002, Health and Safety Code.[) . . . $1;]
         Sec. 101.0613.  DISTRICT COURT FEES AND COSTS: HUMAN
  RESOURCES CODE. The clerk of a district court shall collect fees
  and costs under the Human Resources Code as follows:
               (1) [(20)]  for filing a suit in Comal County (Sec.
  152.0522, Human Resources Code) . . . $4;
               (2) [(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 $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;
               (3) [(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;
               (4) [(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;
               (5) [(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;
               (6) [(23)]  fee on filing a suit requesting an adoption
  in Montague County (Sec. 152.1752, Human Resources Code) . . . $25;
               (7) [(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;
               (8) [(25)]  fee on filing a suit for divorce in Orange
  County (Sec. 152.1873, Human Resources Code) . . . not less than
  $5;
               (9) [(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;
               (10) [(27)]  fee on filing a suit requesting an
  adoption in Orange County (Sec. 152.1874, Human Resources Code)
  . . . not less than $25; and
               (11) [(28)]  fee on filing a suit requesting an
  adoption in Wichita County (Sec. 152.2496, Human Resources Code)
  . . . $100.
         Sec. 101.0614.  DISTRICT COURT FEES AND COSTS:  INSURANCE
  CODE.  The clerk of a district court shall collect court costs and
  reasonable and necessary expert witness fees under Section 544.054,
  Insurance Code, 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. 101.0615.  DISTRICT COURT FEES AND COSTS: LOCAL
  GOVERNMENT CODE.  The clerk of a district court shall collect fees
  and costs under the Local Government Code as follows:
               (1)  additional filing fees:
                     (A)  for each civil 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;
                     (B)  on the filing of any civil action or
  proceeding requiring a filing fee, including an appeal, and on the
  filing of any counterclaim, cross-action, intervention,
  interpleader, or third-party action requiring a filing fee, to fund
  civil legal services for the indigent:
                           (i)  for family law cases and proceedings as
  defined by Section 25.0002, Government Code (Sec. 133.152, Local
  Government Code) . . . $5; or
                           (ii)  for any case other than a case
  described by Subparagraph (i) (Sec. 133.152, Local Government Code)
  . . . $10;
               (2) [(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;
               (3) [(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;
               (4) [(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;
               (5) [(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; and
               (6)  on the filing of a civil suit, an additional filing
  fee to be used for court-related purposes for the support of the
  judiciary (Sec. 133.154, Local Government Code) . . . $37.
         Sec. 101.0616.  DISTRICT COURT FEES AND COSTS:  TEXAS
  PROBATE CODE.  The clerk of a district court shall collect fees and
  costs under the Texas Probate Code as follows:
               (1) [(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; and
               (2) [(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]
         Sec. 101.0617.  DISTRICT COURT FEES AND COSTS:  TAX CODE.  
  The clerk of a district court shall collect a [(43)]  fee of $5
  under Section 42.221, Tax Code, 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].
         (b)  Section 101.062, Government Code, is repealed.
         SECTION 7.104.  (a)  Subchapter E, Chapter 101, Government
  Code, is amended by amending Section 101.081 and adding Sections
  101.0811 through 101.0817 to read as follows:
         Sec. 101.081.  STATUTORY COUNTY COURT FEES AND COSTS: CIVIL
  PRACTICE AND REMEDIES CODE.  The clerk of a statutory county court
  shall collect fees and costs under the Civil Practice and Remedies
  Code 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 $15 [$10];
               (2)  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;
               (3)  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
               (4)  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.
         Sec. 101.0811.  STATUTORY COUNTY COURT FEES AND COSTS:
  GOVERNMENT CODE.  The clerk of a statutory county court shall
  collect fees and costs under the Government Code as follows:
               (1) [(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)  Third Court of Appeals District (Sec.
  22.2041, Government Code) . . . $5;
                     (D)  Fourth Court of Appeals District (Sec.
  22.2051, Government Code) . . . not more than $5;
                     (E) [(D)]  Fifth Court of Appeals District (Sec.
  22.2061, Government Code) . . . not more than $5;
                     (F)  Eleventh Court of Appeals District (Sec.
  22.2121, Government Code) . . . $5; and
                     (G) [(E)]  Thirteenth Court of Appeals District
  (Sec. 22.2141, Government Code) . . . not more than $5;
               (2) [(3)]  an official court reporter fee, County Court
  at Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . .
  $3;
               (3)  in Brazoria County, in matters of concurrent
  jurisdiction with the district court, fees (Sec. 25.0222,
  Government Code) . . . as prescribed by law for district judges
  according to the nature of the matter;
               (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; and
                     (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)  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;
               (9)  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;
               (10)  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; and
               (11)  a fee not otherwise listed in this subchapter
  that is required to be collected under Section 25.0008, Government
  Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
  Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
  Victoria, and Williamson . . . as prescribed by law relating to
  county judges' fees.
         Sec. 101.0812.  STATUTORY COUNTY COURT FEES AND COSTS:  
  HEALTH AND SAFETY CODE.  The clerk of a statutory county court
  shall collect fees and costs under the Health and Safety Code as
  follows:
               (1) [(8)]  for filing an application for registration
  of death (Sec. 193.007, Health and Safety Code) . . . $1;
               (2) [(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;
               (3) [(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;
               (4)  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;
               (5)  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;
               (6)  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;
               (7)  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;
               (8)  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;
               (9)  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
               (10)  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.
         Sec. 101.0813.  STATUTORY COUNTY COURT FEES AND COSTS: HUMAN
  RESOURCES CODE.  The clerk of a statutory county court shall
  collect [(11)]  for filing a suit in Comal County a fee of $4 under
  Section [(Sec.] 152.0522, Human Resources Code.[) . . . $4;]
         Sec. 101.0814.  STATUTORY COUNTY COURT FEES AND COSTS: LOCAL
  GOVERNMENT CODE.  The clerk of a statutory county court shall
  collect fees and costs under the Local Government Code as follows:
               (1) [(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;
               (2) [(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;
               (3) [(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;
                           (vi)  filing annual or final report of
  guardian of a person (Sec. 118.052, Local Government Code) . . .
  $10; and
                           (vii)  filing a document not listed under
  this paragraph after the filing of an order approving the inventory
  and appraisement or after the 120th day after the date of the
  initial filing of the action, whichever occurs first (Secs. 118.052
  and 191.007, Local Government Code), if more than 25 pages . . .
  $25;
                     (C)  adverse probate action (Secs. 118.052 and
  118.057, Local Government Code) . . . $40; and
                     (D)  claim against estate (Secs. 118.052 and
  118.058, Local Government Code) . . . $2;
               (4) [(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;
               (5)  additional filing fee for filing any civil action
  or proceeding requiring a filing fee, including an appeal, and on
  the filing of any counterclaim, cross-action, intervention,
  interpleader, or third-party action requiring a filing fee, to fund
  civil legal services for the indigent (Sec. 133.153, Local
  Government Code) . . . $5;
               (6)  on the filing of a civil suit, an additional filing
  fee to be used for court-related purposes for the support of the
  judiciary (Sec. 133.154, Local Government Code) . . . $37;
               (7) [(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;
               (8) [(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;
               (9) [(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; and
               (10) [(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. [;]
         Sec. 101.0815.  STATUTORY COUNTY COURT FEES AND COSTS: TEXAS
  PROBATE CODE.  The clerk of a statutory county court shall collect
  fees and costs under the Texas Probate Code as follows:
               (1) [(20)]  fee for deposit of a will with the county
  clerk during testator's lifetime (Sec. 71, Texas Probate Code)
  . . . $3;
               (2)  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; and
               (3)  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.
         Sec. 101.0816.  STATUTORY COUNTY COURT FEES AND COSTS:
  PROPERTY CODE.  The clerk of a statutory county court shall collect
  a [(21)]  court cost in the amount of $10 or more, as taxed by the
  court under Section 21.047, Property Code, for each special
  commissioner in an eminent domain proceeding. [(Sec. 21.047,
  Property Code) .   .   . as taxed by the court, $10 or more;]
         Sec. 101.0817.  STATUTORY COUNTY COURT FEES AND COSTS UNDER
  OTHER LAWS.  The clerk of a statutory county court shall collect a 
  [(22)]  fee of $10 under Article 6327, Vernon's Texas Civil
  Statutes, for a 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].
         (b)  Section 101.083, Government Code, is repealed.
         SECTION 7.105.  Subchapter F, Chapter 101, Government Code,
  is amended by amending Section 101.101 and adding Sections 101.1011
  through 101.1015 to read as follows:
         Sec. 101.101.  STATUTORY PROBATE COURT FEES AND COSTS:  
  CIVIL PRACTICE AND REMEDIES CODE.  The clerk of a statutory probate
  court shall collect a [fees and costs as follows:
               [(1)]  court cost in an amount not to exceed $15 under
  Section 152.004, Civil Practice and Remedies Code, 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;]
         Sec. 101.1011.  STATUTORY PROBATE COURT FEES AND COSTS:  
  GOVERNMENT CODE.  The clerk of a statutory probate court shall
  collect fees and costs under the Government Code as follows:
               (1) [(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)  Third Court of Appeals District (Sec.
  22.2041, Government Code) . . . $5;
                     (D) Fourth Court of Appeals District (Sec.
  22.2051, Government Code) . . . not more than $5;
                     (E) [(D)]  Fifth Court of Appeals District (Sec.
  22.2061, Government Code) . . . not more than $5;
                     (F)  Eleventh Court of Appeals District (Sec.
  22.2121, Government Code) . . . $5; and
                     (G) [(E)]  Thirteenth Court of Appeals District
  (Sec. 22.2141, Government Code) . . . not more than $5;
               (2) [(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; and
                     (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];
               (3)  jury fee for civil case (Sec. 51.604, Government
  Code) . . . $22;
               (4)  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; and
               (5)  a fee not otherwise listed in this subchapter that
  is required to be collected under Section 25.0029, Government Code
  (Sec. 25.0029, Government Code) . . . as prescribed by law relating
  to county judges' fees.
         Sec. 101.1012.  STATUTORY PROBATE COURT FEES AND COSTS:  
  HEALTH AND SAFETY CODE.  The clerk of a statutory probate court
  shall collect fees and costs under the Health and Safety Code as
  follows:
               (1) [(4)]  for filing an application for registration
  of death (Sec. 193.007, Health and Safety Code) . . . $1;
               (2) [(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;
               (3) [(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;
               (4)  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;
               (5)  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;
               (6)  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;
               (7)  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;
               (8)  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;
               (9)  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
               (10)  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.
         Sec. 101.1013.  STATUTORY PROBATE COURT FEES AND COSTS:  
  LOCAL GOVERNMENT CODE.  The clerk of a statutory probate court
  shall collect fees and costs under the Local Government Code as
  follows:
               (1)  additional filing fee for filing any civil action
  or proceeding requiring a filing fee, including an appeal, and on
  the filing of any counterclaim, cross-action, intervention,
  interpleader, or third-party action requiring a filing fee to fund
  civil legal services for the indigent (Sec. 133.153, Local
  Government Code). . . $5;
               (2) [(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;
               (3) [(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;
                           (vi)  filing annual or final report of
  guardian of a person (Sec. 118.052, Local Government Code) . . .
  $10; and
                           (vii)  filing a document not listed under
  this paragraph after the filing of an order approving the inventory
  and appraisement or after the 120th day after the date of the
  initial filing of the action, whichever occurs first (Secs. 118.052
  and 191.007, Local Government Code), if more than 25 pages . . .
  $25;
                     (C)  adverse probate action (Secs. 118.052 and
  118.057, Local Government Code) . . . $40; and
                     (D)  claim against estate (Secs. 118.052 and
  118.058, Local Government Code) . . . $2;
               (4) [(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; and
               (5)  court cost in civil cases other than suits for
  delinquent taxes to fund the county law library fund, if authorized
  by the county commissioners court (Sec. 323.023, Local Government
  Code) . . . not to exceed $35.
         Sec. 101.1014.  STATUTORY PROBATE COURT FEES AND COSTS:  
  TEXAS PROBATE CODE.  The clerk of a statutory probate court shall
  collect fees and costs under the Texas Probate Code as follows:
               (1) [(10)]  fee for deposit of a will with the county
  clerk during testator's lifetime (Sec. 71, Texas Probate Code)
  . . . $3;
               (2)  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; and
               (3)  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.
         Sec. 101.1015.  STATUTORY PROBATE COURT FEES AND COSTS:  
  PROPERTY CODE.  The clerk of a statutory probate court shall collect
  a [(11)]  court cost in the amount of $10 or more, as taxed by the
  court under Section 21.047, Property Code, [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;
               [(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 7.106.  (a)  Subchapter G, Chapter 101, Government
  Code, is amended by amending Section 101.121 and adding Sections
  101.1211 through 101.1216 to read as follows:
         Sec. 101.121.  COUNTY COURT FEES AND COSTS: ALCOHOLIC
  BEVERAGE CODE.  The clerk of a county court shall collect a [:
               [(1)]  fee of $5 under Section 61.31, Alcoholic
  Beverage Code, for hearing on application for a license to
  manufacture, distribute, store, or sell beer. [(Sec. 61.31,
  Alcoholic Beverage Code) .   .   . $5;]
         Sec. 101.1211.  COUNTY COURT FEES AND COSTS: CIVIL PRACTICE
  AND REMEDIES CODE.  The clerk of a county court shall collect:
               (1) a [(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 $15 [$10];
               (2)  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;
               (3)  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
               (4)  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.
         Sec. 101.1212.  COUNTY COURT FEES AND COSTS: GOVERNMENT
  CODE.  The clerk of a county court shall collect the following fees
  and costs under the Government Code:
               (1) [(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)  Third Court of Appeals District (Sec.
  22.2041, Government Code) . . . $5;
                     (D)  Fourth Court of Appeals District (Sec.
  22.2051, Government Code) . .  . not more than $5;
                     (E) [(D)]  Fifth Court of Appeals District (Sec.
  22.2061, Government Code) . .  . not more than $5;
                     (F)  Eleventh Court of Appeals District (Sec.
  22.2121, Government Code) . . . $5; and
                     (G) [(E)]  Thirteenth Court of Appeals District
  (Sec. 22.2141, Government Code) . . . not more than $5;
               (2) [(4)]  a jury fee (Sec. 51.604, Government
  Code) . . . $22; and
               (3) [(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. [;]
         Sec. 101.1213.  COUNTY COURT FEES AND COSTS:  HEALTH AND
  SAFETY CODE.  The clerk of a county court shall collect the
  following fees and costs under the Health and Safety Code:
               (1) [(6)]  for filing an application for registration
  of death (Sec. 193.007, Health and Safety Code) . . . $1;
               (2) [(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;
               (3) [(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;
               (4)  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;
               (5)  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;
               (6)  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;
               (7)  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;
               (8)  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;
               (9)  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
               (10)  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.
         Sec. 101.1214.  COUNTY COURT FEES AND COSTS:  LOCAL
  GOVERNMENT CODE.  The clerk of a county court shall collect the
  following fees and costs under the Local Government Code:
               (1) [(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;
               (2) [(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;
               (3) [(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;
                           (vi)  filing annual or final report of
  guardian of a person (Sec. 118.052, Local Government
  Code) . . . $10; and
                           (vii)  filing a document not listed under
  this paragraph after the filing of an order approving the inventory
  and appraisement or after the 120th day after the date of the
  initial filing of the action, whichever occurs first (Secs. 118.052
  and 191.007, Local Government Code), if more than 25
  pages . . . $25;
                     (C)  adverse probate action (Secs. 118.052 and
  118.057, Local Government Code) . . . $40; and
                     (D)  claim against estate (Secs. 118.052 and
  118.058, Local Government Code) . . . $2;
               (4) [(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;
               (5) [(13)]  deposit on filing petition requesting
  permission to create a municipal civic center authority (Sec.
  281.013, Local Government Code) . . . $200;
               (6) [(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;
               (7) [(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;
               (8) [(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;
               (9) [(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;
               (10)  additional filing fee for filing any civil action
  or proceeding requiring a filing fee, including an appeal, and on
  the filing of any counterclaim, cross-action, intervention,
  interpleader, or third-party action requiring a filing fee, to fund
  civil legal services for the indigent (Sec. 133.153, Local
  Government Code) . . . $5; and
               (11)  on the filing of a civil suit an additional filing
  fee to be used for court-related purposes for the support of the
  judiciary (Sec. 133.154, Local Government Code) . . . $37.
         Sec. 101.1215.  COUNTY COURT FEES AND COSTS:  TEXAS PROBATE
  CODE.  The clerk of a county court shall collect the following fees
  and costs under the Texas Probate Code:
               (1) [(18)]  fee for deposit of a will with the county
  clerk during testator's lifetime (Sec. 71, Texas Probate
  Code) . . . $3;
               (2)  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; and
               (3)  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.
         Sec. 101.1216.  COUNTY COURT FEES AND COSTS UNDER OTHER
  LAWS.  The clerk of a county court shall collect the following fees
  and costs:
               (1) [(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; and
               (2) [(20)]  appeal bond from a petitioner or taxpayer
  in a water control and preservation district (Art. 7818, Vernon's
  Texas Civil Statutes) . . . $100[;
               [(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].
         (b)  Section 101.123, Government Code, is repealed.
         SECTION 7.107.  Subchapter H, Chapter 101, Government Code,
  is amended by amending Section 101.141 and adding Section 101.151
  to read as follows:
         Sec. 101.141.  JUSTICE COURT AND SMALL CLAIMS COURT FEES AND
  COSTS COLLECTED BY CLERK.  (a)  A clerk of a justice court shall
  collect fees and costs under the Civil Practice and Remedies Code 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 $5 [$3];
               (2)  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;
               (3)  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
               (4)  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.
         (b)  A clerk of a justice court shall collect fees and costs
  under other laws as follows:
               (1)  the cost of a special program that a court may
  order a child to attend after a finding that the child committed an
  offense, if ordered by the court (Art. 45.057, Code of Criminal
  Procedure) . . . costs of the program not to exceed $100;
               (2)  additional filing fees:
                     (A)  to fund Dallas County civil court facilities
  (Sec. 51.705, Government Code) . . . not more than $15; 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) . . . $20[;
               [(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].
         Sec. 101.151.  JUSTICE COURT AND SMALL CLAIMS COURT FEES
  COLLECTED BY JUSTICE OF THE PEACE.  (a) [(b)]  A justice of the
  peace shall collect the following fees under the Local Government
  Code:
               (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.[;]
         (b)  A justice of the peace shall collect the following fees
  under the Civil Practice and Remedies Code:
               (1) [(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;
               (2) [(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
               (3) [(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 7.108.  Section 101.181, Government Code, as amended
  by Chapters 37, 296, and 737, Acts of the 79th Legislature, Regular
  Session, 2005, is reenacted 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 fee for preparation of the
  clerk's record (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)  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 7.109.  (a)  Subchapter B, Chapter 102, Government
  Code, is amended by reenacting and amending Section 102.021, as
  amended by Chapters 296, 992, and 1360, Acts of the 79th
  Legislature, Regular Session, 2005, and adding Sections 102.0211
  through 102.0214 to read as follows:
         Sec. 102.021.  COURT COSTS ON CONVICTION:  CODE OF CRIMINAL
  PROCEDURE.  A person convicted of an offense shall pay the following
  under the Code of Criminal Procedure, in addition to all other
  costs:
               (1)  court cost on conviction of any offense, other
  than a conviction of an offense relating to a pedestrian or the
  parking of a motor vehicle (Art. 102.0045, Code of Criminal
  Procedure) . . . $4 [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;
               (3) [(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;
               (4) [(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;
               (5) [(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;
               (6) [(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;
               (7) [(12)]  court costs on an offense of passing a
  school bus (Art. 102.014, Code of Criminal Procedure) . . . $25;
               (8) [(13)]  court costs on an offense of truancy or
  contributing to truancy (Art. 102.014, Code of Criminal Procedure)
  . . . $20;
               (9) [(14)]  cost for visual recording of intoxication
  arrest before conviction (Art. 102.018, Code of Criminal Procedure)
  . . . $15;
               (10) [(15)]  cost of certain evaluations (Art.
  102.018, Code of Criminal Procedure) . . . actual cost;
               (11) [(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;
               (12) [(16-a)]  additional costs attendant to certain
  child sexual assault and related convictions, for child abuse
  prevention programs (Art. 102.0186, Code of Criminal Procedure)
  . . . $100;
               (13) [(17)]  cost for DNA testing for certain felonies
  (Art. 102.020, Code of Criminal Procedure) . . . $250;
               (14) [(18)]  court cost on an offense of public
  lewdness or indecent exposure (Art. 102.020, Code of Criminal
  Procedure) . . . $50;
               (15)  if required by the court, a restitution fee for
  costs incurred in collecting restitution installments and for the
  compensation to victims of crime fund (Art. 42.037, Code of
  Criminal Procedure) . . . $12; and
               (16)  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.
         Sec. 102.0211.  COURT COSTS ON CONVICTION:  GOVERNMENT
  CODE.  A person convicted of an offense shall pay the following
  under the Government Code, in addition to all other costs:
               (1)  court costs on certain convictions in statutory
  county courts (Sec. 51.702, Government Code) . . . $15; and
               (2)  court costs on certain convictions in certain
  county courts (Sec. 51.703, Government Code) . . . $15.
         Sec. 102.0212.  COURT COSTS ON CONVICTION:  LOCAL GOVERNMENT
  CODE.  A person convicted of an offense shall pay the following
  under the Local Government Code, 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)  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; and
               (5)  a cost on conviction of any offense, other than an
  offense relating to a pedestrian or the parking of a motor vehicle
  (Sec. 133.105, Local Government Code) . . . $4.
         Sec. 102.0213.  COURT COSTS ON CONVICTION:  TRANSPORTATION
  CODE.  A person convicted of an offense shall pay the following
  under the Transportation Code, in addition to all other costs:
               (1) [(19)]  court cost on conviction of a misdemeanor
  under Subtitle C, Title 7, Transportation Code (Sec. 542.403,
  Transportation Code) . . . $3;
               (2) [(20)]  cost for impoundment of vehicle (Sec.
  601.263, Transportation Code) . . . $15 per day; and
               (3) [(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.[;]
         Sec. 102.0214.  COURT COSTS ON CONVICTION: PARKS AND
  WILDLIFE CODE. A person convicted of an offense shall pay under
  Section 12.110, Parks and Wildlife Code, in addition to all other
  costs, [(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;
               [(22)]  the actual cost of any storage, care, feeding,
  cold storage, or processing necessary for an unlawfully taken,
  shipped, or possessed game bird, fowl, animal, game fish, or exotic
  animal [(Sec. 12.110, Parks and Wildlife Code) .   .   . actual cost;
  and
               [(22)     court cost on conviction of any offense, other
  than a conviction of an offense relating to a pedestrian or the
  parking of a motor vehicle (Art. 102.0045, Code of Criminal
  Procedure) .   .   . $4].
         (b)  Section 102.022, Government Code, is repealed.
         SECTION 7.110.  Subchapter C, Chapter 102, Government Code,
  is amended by amending Section 102.041 and adding Section 102.042
  to read as follows:
         Sec. 102.041.  ADDITIONAL COURT COSTS ON CONVICTION IN
  DISTRICT COURT: CODE OF CRIMINAL PROCEDURE.  The clerk of a district
  court shall collect fees and costs under the Code of Criminal
  Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $20;
               (2)  a fee for clerk of the court services (Art.
  102.005, Code of Criminal Procedure) . . . $40;
               (3)  a records management and preservation services fee
  (Art. 102.005, Code of Criminal Procedure) . . . $25;
               (4)  a security fee on a felony offense (Art. 102.017,
  Code of Criminal Procedure) . . . $5;
               (5)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $3; and
               (6)  a graffiti eradication fee (Art. 102.0171, Code of
  Criminal Procedure) . . . $5.[; and]
         Sec. 102.042.  ADDITIONAL COURT COSTS ON CONVICTION IN
  DISTRICT COURT: HUMAN RESOURCES CODE.  The clerk of a district court
  shall collect from a defendant [(7)] a court cost of $4 under
  Section 152.0522, Human Resources Code, on conviction in Comal
  County [(Sec. 152.0522, Human Resources Code) . . . $4].
         SECTION 7.111.  Subchapter D, Chapter 102, Government Code,
  is amended by reenacting and amending Section 102.061, as amended
  by Chapters 804 and 949, Acts of the 79th Legislature, Regular
  Session, 2005, and adding Section 102.062 to read as follows:
         Sec. 102.061.  ADDITIONAL COURT COSTS ON CONVICTION IN
  STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE.  The clerk of a
  statutory county court shall collect fees and costs under the Code
  of Criminal Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $20;
               (2)  a fee for services of the clerk of the court (Art.
  102.005, Code of Criminal Procedure) . . . $40;
               (3)  a records management and preservation services fee
  (Art. 102.005, Code of Criminal Procedure) . . . $25;
               (4)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $3;
               (5)  a graffiti eradication fee (Art. 102.0171, Code of
  Criminal Procedure) . . . $5; and
               (6)  [a court cost on conviction in Comal County (Sec.
  152.0522, Human Resources Code) .   .   . $4.
               [(7)]  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5.
         Sec. 102.062.  ADDITIONAL COURT COSTS ON CONVICTION IN
  STATUTORY COUNTY COURT: HUMAN RESOURCES CODE. The clerk of a
  statutory county court shall collect from a defendant a court cost
  of $4 under Section 152.0522, Human Resources Code, on conviction
  in Comal County.
         SECTION 7.112.  Section 102.081, Government Code, is amended
  to read as follows:
         Sec. 102.081.  ADDITIONAL COURT COSTS ON CONVICTION IN
  COUNTY COURT: CODE OF CRIMINAL PROCEDURE.  The clerk of a county
  court shall collect fees and costs under the Code of Criminal
  Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $20;
               (2)  a fee for clerk of the court services (Art.
  102.005, Code of Criminal Procedure) . . . $40;
               (3)  a records management and preservation services fee
  (Art. 102.005, Code of Criminal Procedure) . . . $25;
               (4)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $3;
               (5)  a graffiti eradication fee (Art. 102.0171, Code of
  Criminal Procedure) . . . $5; and
               (6)  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5.
         SECTION 7.113.  Subchapter F, Chapter 102, Government Code,
  is amended by reenacting and amending Section 102.101, as amended
  by Chapters 240 and 949, Acts of the 79th Legislature, Regular
  Session, 2005, and adding Sections 102.102 and 102.103 to read as
  follows:
         Sec. 102.101.  ADDITIONAL COURT COSTS ON CONVICTION IN
  JUSTICE COURT: CODE OF CRIMINAL PROCEDURE.  A clerk of a justice
  court shall collect fees and costs under the Code of Criminal
  Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $3;
               (2)  a fee for withdrawing request for jury less than 24
  hours before time of trial (Art. 102.004, Code of Criminal
  Procedure) . . . $3;
               (3)  a jury fee for two or more defendants tried jointly
  (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
               (4)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $4 [$3];
               (5)  a fee for technology fund on a misdemeanor offense
  (Art. 102.0173, Code of Criminal Procedure) . . . $4;
               (6)  [a court cost on conviction in Comal County (Sec.
  152.0522, Human Resources Code) .   .   . $1.50; and
               [(7)]  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5;
               (7)  a fee on conviction of certain offenses involving
  issuing or passing a subsequently dishonored check (Art. 102.0071,
  Code of Criminal Procedure) . . . not to exceed $30; and
               (8)  a court cost on conviction of a Class C misdemeanor
  in a county with a population of 3.3 million or more, if authorized
  by the county commissioners court (Art. 102.009, Code of Criminal
  Procedure) . . . not to exceed $7.
         Sec. 102.102.  ADDITIONAL COURT COSTS ON CONVICTION IN
  JUSTICE COURT:  BUSINESS & COMMERCE CODE.  The clerk of a justice
  court shall collect from a defendant a court cost not to exceed $30
  under Section 3.506, Business & Commerce Code, on conviction of
  certain offenses involving issuing or passing a subsequently
  dishonored check.
         Sec. 102.103.  ADDITIONAL COURT COSTS ON CONVICTION IN
  JUSTICE COURT: HUMAN RESOURCES CODE.  A clerk of a justice court
  shall collect from a defendant a court cost of $1.50 under Section
  152.0522, Human Resources Code, on conviction in Comal County.
         SECTION 7.114.  Section 102.121, Government Code, is amended
  to read as follows:
         Sec. 102.121.  ADDITIONAL COURT COSTS ON CONVICTION IN
  MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE.  The clerk of a
  municipal court shall collect fees and costs on conviction of a
  defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $3;
               (2)  a fee for withdrawing request for jury less than 24
  hours before time of trial (Art. 102.004, Code of Criminal
  Procedure) . . . $3;
               (3)  a jury fee for two or more defendants tried jointly
  (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
               (4)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $3;
               (5)  a fee for technology fund on a misdemeanor offense
  (Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
  and
               (6)  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5.
         SECTION 7.115.  Subchapter H, Chapter 102, Government Code,
  is amended by amending Section 102.141 and adding Section 102.142
  to read as follows:
         Sec. 102.141.  ADDITIONAL COURT COSTS IN MUNICIPAL COURT OF
  RECORD: CODE OF CRIMINAL PROCEDURE.  The clerk of a municipal court
  of record shall collect [the following fees and costs:
               [(1)]  from a defendant on conviction of a misdemeanor
  offense[,] a fee of not more than $4 under Article 102.0172, Code of
  Criminal Procedure, for the technology fund.  [on a misdemeanor
  offense (Art. 102.0172, Code of Criminal Procedure) .   .   . not to
  exceed $4;]
         Sec. 102.142.  ADDITIONAL COURT COSTS IN MUNICIPAL COURT OF
  RECORD: GOVERNMENT CODE.  The clerk of a municipal court of record
  shall collect the following fees and costs:
               (1) [(2)]  from an appellant, a fee for preparation of
  the clerk's record (Sec. 30.00014, Government Code) . . . $25; and
               (2) [(3)]  from an appellant in the City of El Paso, an
  appellate court docket fee (Sec. 30.00147, Government Code) . . .
  $25.
         SECTION 7.116.  Subchapter B, Chapter 103, Government Code,
  is amended by amending Section 103.021, reenacting and amending
  Section 103.022, as amended by Chapters 296 and 992, Acts of the
  79th Legislature, Regular Session, 2005, and adding Sections
  103.0211 through 103.0215 and 103.023 through 103.033 to read as
  follows:
         Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES: CODE OF CRIMINAL PROCEDURE.  An accused or defendant,
  or a party to a civil suit, as applicable, shall pay the following
  fees and costs under the Code of Criminal Procedure 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)  for a copy of the defendant's driving record
  to be requested from the Department of Public Safety by the judge
  (Art. 45.0511(c-1), Code of Criminal Procedure) . . . $10;
                     (B)  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
                     (C) [(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;
               (20-a)  a fee to defray the cost of notifying state
  agencies of orders of expungement (Art. 45.0216, Code of Criminal
  Procedure) . . . $30 per application;
               (20-b)  a fee to defray the cost of notifying state
  agencies of orders of expunction (Art. 45.055, Code of Criminal
  Procedure) . . . $30 per application;
               [(20-c)     a fee to defray the cost of notifying state
  agencies of orders of expungement (Sec. 106.12, Alcoholic Beverage
  Code) .   .   . $30 per application;
               [(20-d)     a fee to defray the cost of notifying state
  agencies of orders of expungement (Sec. 161.255, Health and Safety
  Code) .   .   . $30 per application;]
               (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)  fees for a pretrial intervention program (Art.
  102.012, Code of Criminal Procedure) . . . not to exceed $60 a month
  plus expenses;
               (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; and
               (25)  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.
         Sec. 103.0211.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES: GOVERNMENT CODE.  An accused or defendant, or a party
  to a civil suit, as applicable, shall pay the following fees and
  costs under the Government Code if ordered by the court or otherwise
  required:
               (1) [(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;
               (2)  a court reporter service fee if the courts have
  official court reporters (Sec. 51.601, Government Code) . . . $15;
               (3) [(26)]  a speedy trial filing fee in El Paso County
  (Sec. 54.745, Government Code) . . . $100;
               (4) [(27)]  costs for use of magistrate in Brazos
  County (Sec. 54.1116, Government Code) . . . not to exceed $50;
               (5)  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;
               (6) [(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; and
               (7)  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.
         Sec. 103.0212.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES: FAMILY CODE.  An accused or defendant, or a party to a
  civil suit, as applicable, shall pay the following fees and costs
  under the Family Code if ordered by the court or otherwise required:
               (1) [(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; and
               (2) [(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. [;]
         Sec. 103.0213.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES:  TRANSPORTATION CODE.  An accused or defendant, or a
  party to a civil suit, as applicable, shall pay the following fees
  and costs under the Transportation Code if ordered by the court or
  otherwise required:
               (1) [(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;
               (2) [(33)]  administrative fee on dismissal of charge
  of driving with an expired driver's license (Sec. 521.026,
  Transportation Code) . . . not to exceed $10;
               (3) [(34)]  administrative fee on remediation of
  charge of driving with an expired inspection certificate (Sec.
  548.605, Transportation Code) . . . not to exceed $10;
               (4) [(35)]  administrative fee for failure to appear
  for a complaint or citation on certain offenses (Sec. 706.006,
  Transportation Code) . . . $30 for each violation; and
               (5) [(36)]  administrative fee for failure to pay or
  satisfy certain judgments (Sec. 706.006, Transportation Code)
  . . . $30. [;]
         Sec. 103.0214.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES: HEALTH AND SAFETY CODE.  An accused or defendant, or a
  party to a civil suit, as applicable, shall pay the following fees
  and costs under the Health and Safety Code if ordered by the court
  or otherwise required:
               (1)  a fee to defray the cost of notifying state
  agencies of orders of expungement (Sec. 161.255, Health and Safety
  Code) . . . $30 per application; and
               (2) [(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;
               [(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].
         Sec. 103.0215.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES:  ALCOHOLIC BEVERAGE CODE.  An accused or defendant, or
  a party to a civil suit, as applicable, shall pay a fee under
  Section 106.12, Alcoholic Beverage Code, of $30 per application to
  defray the cost of notifying state agencies of orders of
  expungement.
         Sec. 103.022.  MISCELLANEOUS FEES AND COSTS:  BUSINESS
  ORGANIZATIONS CODE.  A reasonable appraiser's fee [The following
  fees and costs] shall be paid or collected as court costs under
  Section 10.365, Business Organizations Code, for determining the
  fair value of ownership interests of owners who have perfected
  their rights.
         Sec. 103.023.  MISCELLANEOUS FEES AND COSTS:  CIVIL PRACTICE
  AND REMEDIES CODE.  Fees and costs shall be paid or collected under
  the Civil Practice and Remedies Code 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; and
               (4)  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.
         Sec. 103.024.  MISCELLANEOUS FEES AND COSTS:  CODE OF
  CRIMINAL PROCEDURE.  Fees and costs shall be paid or collected under
  the Code of Criminal Procedure as follows:
               (1) [(4)]  filing of a restitution lien (Art. 42.22,
  Code of Criminal Procedure) . . . $5;
               (2) [(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; and
               (3)  a fee for each agency or organization designated
  by a registered sex offender for receipt of a copy of an order
  making the registration nonpublic (Sec. 62.353, Code of Criminal
  Procedure) . . . $20.
         Sec. 103.025.  MISCELLANEOUS FEES AND COSTS:  EDUCATION
  CODE.  Each party in a case 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 shall
  pay under Section 37.011, Education Code, its pro rata share of the
  costs of arbitration.
         Sec. 103.026.  MISCELLANEOUS FEES AND COSTS:  FAMILY CODE.  
  Fees and costs shall be paid or collected under the Family Code as
  follows:
               (1) [(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;
               (2) [(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;
               (3) [(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;
               (4) [(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;
               (5)  fee to reimburse a domestic relations office for a
  fee paid for filing an administrative writ of withholding (Secs.
  158.503 and 203.005, Family Code) . . . the amount of the fee paid;
               (6) [(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;
  and
               (7)  a fee for mailing an order vacating or staying an
  order suspending a license to the appropriate licensing authority
  (Sec. 232.013, Family Code) . . . $5 for each order mailed.
         Sec. 103.027.  MISCELLANEOUS FEES AND COSTS:  GOVERNMENT
  CODE.  Fees and costs shall be paid or collected under the
  Government Code as follows:
               (1)  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;
               (2)  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;
               (3)  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;
               (4)  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;
               (5)  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; and
               (6)  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.
         Sec. 103.028.  MISCELLANEOUS FEES AND COSTS:  HUMAN
  RESOURCES CODE.  Fees and costs shall be paid or collected under the
  Human Resources Code as follows:
               (1) [(12)]  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; and
               (2) [(13)]  child support service fee in Smith County
  if court allows assessment by child support office (Sec. 152.2183,
  Human Resources Code) . . . not to exceed $2.50 a month. [;]
         Sec. 103.029.  MISCELLANEOUS FEES AND COSTS:  HEALTH AND
  SAFETY CODE.  Fees and costs shall be paid or collected under the
  Health and Safety Code as follows:
               (1)  a program fee for a drug court program established
  under Section 469.002, Health and Safety Code (Sec. 469.004, Health
  and Safety Code) . . . not to exceed $1,000; and
               (2)  a urinalysis testing and counseling fee (Sec.
  469.004, Health and Safety Code) . . . the amount necessary to
  cover the costs of testing and counseling.
         Sec. 103.030.  MISCELLANEOUS FEES AND COSTS:  LOCAL
  GOVERNMENT CODE.  Fees and costs shall be paid or collected under
  the Local Government Code as follows:
               (1) [(14)]  services by the offices of the sheriff and
  constables (Sec. 118.131, Local Government Code) . . . amount set
  by county commissioners court;
               [(15)     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;
               [(16)     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;
               [(16-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;
               [(16-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;
               [(17)     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;
               [(18)     costs of investigation, reasonable attorney's
  fees, and reasonable expert witness fees in a civil suit or a
  criminal prosecution for recovery of the value of any fish,
  shellfish, reptile, amphibian, bird, or animal (Sec. 12.308, Parks
  and Wildlife Code) .   .   . actual costs.
               [(18)     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;
               [(19)     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;
               [(20)     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;
               [(21)     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;
               [(22)     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;]
               (2) [(23)]  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;
               (3) [(24)]  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;
               (4) [(25)]  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;
               (5) [(26)]  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;
               (6) [(27)]  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. [;]
         Sec. 103.031.  MISCELLANEOUS FEES AND COSTS:  PARKS AND
  WILDLIFE CODE.  The actual costs of investigation, reasonable
  attorney's fees, and reasonable expert witness fees in a civil suit
  or a criminal prosecution for recovery of the value of any fish,
  shellfish, reptile, amphibian, bird, or animal may be collected
  under Section 12.308, Parks and Wildlife Code.
         Sec. 103.032.  MISCELLANEOUS FEES AND COSTS:  TEXAS BUSINESS
  CORPORATION ACT.  A reasonable appraiser's fee may be collected
  under Article 5.12, Texas Business Corporation Act, 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.
         Sec. 103.033.  MISCELLANEOUS FEES AND COSTS:  VERNON'S TEXAS
  CIVIL STATUTES.  Fees and costs shall be paid or collected under
  Vernon's Texas Civil Statutes as follows:
               (1)  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; and
               (2) [(28)]  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
               [(29)     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 7.117.  Subchapter I, Chapter 102, Government Code,
  is repealed.
  ARTICLE 8.  CHANGES RELATING TO HEALTH AND SAFETY CODE
         SECTION 8.001.  Section 382.018, Health and Safety Code, as
  amended by Chapters 419 and 904, Acts of the 79th Legislature,
  Regular Session, 2005, is reenacted and amended to read as follows:
         Sec. 382.018.  OUTDOOR BURNING OF WASTE AND COMBUSTIBLE
  MATERIAL. (a)  Subject to Section 352.082, Local Government Code,
  and except [Except] as provided by Subsections (b) and (d), the
  commission by rule may control and prohibit the outdoor burning of
  waste and combustible material and may include requirements
  concerning the particular method to be used to control or abate the
  emission of air contaminants resulting from that burning.
         (b)  The commission by rule shall authorize outdoor burning
  of waste if the waste:
               (1)  consists of trees, brush, grass, leaves, branch
  trimmings, or other plant growth; and
               (2)  is burned:
                     (A)  in an area that meets the national ambient
  air quality standards and that does not contain any part of a city
  that does not meet national ambient air quality standards; and
                     (B)  on the property on which it was generated and
  by the owner of the property or any other person authorized by the
  owner.
         (c)  Rules adopted under Subsection (b) may not:
               (1)  require prior commission approval of the burning;
  or
               (2)  authorize the burning only when no practical
  alternative to burning exists.
         (d)  The commission may not control or prohibit outdoor
  burning of waste consisting of trees, brush, grass, leaves, branch
  trimmings, or other plant growth if:
               (1)  the person burning the waste is doing so at a site:
                     (A)  designated for consolidated burning of waste
  generated from specific residential properties;
                     (B)  located in a county with a population of less
  than 50,000;
                     (C)  located outside of a municipality; and
                     (D)  supervised at the time of the burning by an
  employee of a fire department who is part of the fire protection
  personnel, as defined by Section 419.021, Government Code, of the
  department and is acting in the scope of the person's employment;
  and
               (2)  the waste was generated from a property for which
  the site is designated.
         (e)  A fire department employee who will supervise a burning
  under Subsection (d)(1)(D) shall notify the commission of each
  burning supervised by the employee, and the commission shall
  provide the employee with information on practical alternatives to
  burning.
         SECTION 8.002.  Section 382.133(d), Health and Safety Code,
  as added by Section 3.02, Chapter 281, Acts of the 79th Legislature,
  Regular Session, 2005, is repealed to conform to Section 1, Chapter
  864, Acts of the 79th Legislature, Regular Session, 2005.
         SECTION 8.003.  Section 614.0032(b), Health and Safety Code,
  as amended by Chapters 324 and 1269, Acts of the 79th Legislature,
  Regular Session, 2005, is reenacted and amended to read as follows:
         (b)  The office shall:
               (1)  [,] with the special assistance of committee
  members appointed under Section 614.002(b)(1)[, shall]:
                     (A) [(1)]  review examinations to determine the
  competency of defendants in criminal cases to stand trial and
  examinations to determine the fitness of children to proceed with
  respect to adjudications of delinquent conduct or conduct
  indicating a need for supervision; and
                     (B) [(2)]  periodically report to the legislature
  and the court of criminal appeals findings made as a result of the
  review described by Paragraph (A); and
               (2) [Subdivision (1)]  approve and make generally
  available in electronic format a standard form for use by experts in
  reporting competency examination results under Chapter 46B, Code of
  Criminal Procedure.
  ARTICLE 9.  CHANGES RELATING TO INSURANCE CODE
         SECTION 9.001.  (a) Section 401.010(a), Insurance Code, is
  amended to conform to Section 2, Chapter 408, Acts of the 79th
  Legislature, Regular Session, 2005, to read as follows:
         (a)  An accountant must audit the financial reports provided
  by an insurer or health maintenance organization for purposes of an
  audit under this subchapter.  The accountant who audits the reports
  must conduct the audit in accordance with generally accepted
  auditing standards or with standards adopted by the Public Company
  Accounting Oversight Board, as applicable, and must consider the
  standards specified [other procedures described] in the Financial
  Condition Examiner's Handbook adopted by the National Association
  of Insurance Commissioners or other analagous nationally
  recognized standards adopted by commissioner rule.
         (b)  Section 2, Chapter 408, Acts of the 79th Legislature,
  Regular Session, 2005, which amended former Subsection (b), Section
  14, Article 1.15A, Insurance Code, is repealed.
         SECTION 9.002.  (a) Section 401.011(d), Insurance Code, is
  amended to conform to Section 1, Chapter 408, Acts of the 79th
  Legislature, Regular Session, 2005, to read as follows:
         (d)  The commissioner may not accept an audited financial
  report prepared wholly or partly by an individual or firm who the
  commissioner finds:
               (1)  has been convicted of fraud, bribery, a violation
  of the Racketeer Influenced and Corrupt Organizations Act (18
  U.S.C. Section 1961 et seq.), or a state or federal criminal offense
  involving dishonest conduct;
               (2)  has violated the insurance laws of this state with
  respect to a report filed under this subchapter; [or]
               (3)  has demonstrated a pattern or practice of failing
  to detect or disclose material information in reports filed under
  this subchapter; or
               (4)  has directly  or indirectly entered into an
  agreement of indemnity or release of liability regarding an audit
  of an insurer.
         (b)  Section 1, Chapter 408, Acts of the 79th Legislature,
  Regular Session, 2005, which amended former Subsection (c), Section
  12, Article 1.15A, Insurance Code, is repealed.
         SECTION 9.003.  Subchapters A, B, C, D, E, F, G, H, I, J, K,
  L, M, N, O, and P, Chapter 442, Insurance Code, and Section 6.069,
  Chapter 265, Acts of the 79th Legislature, Regular Session, 2005,
  which amended former Section 3A, Article 21.28, Insurance Code, are
  repealed to conform to the repeal of Article 21.28, Insurance Code,
  by Section 9, Chapter 995, Acts of the 79th Legislature, Regular
  Session, 2005.
         SECTION  9.004.  (a)  The following changes are made to Title
  1, Insurance Code, and Subtitle C, Title 4, Insurance Code, for
  organizational purposes:
               (1)  Chapter 21A, Insurance Code, is redesignated as
  Chapter 443, Subtitle C, Title 4, Insurance Code, and:
                     (A)  Subchapter A in the redesignated chapter is
  redesignated as Subchapter A, Chapter 443, Insurance Code, and the
  sections in the redesignated subchapter, Sections 21A.001,
  21A.002, 21A.003, 21A.004, 21A.005, 21A.006, 21A.007, 21A.008,
  21A.009, 21A.010, 21A.011, 21A.012, 21A.013, 21A.0135, 21A.014,
  21A.015, 21A.016, and 21A.017, are redesignated as Sections
  443.001, 443.002, 443.003, 443.004, 443.005, 443.006, 443.007,
  443.008, 443.009, 443.010, 443.011, 443.012, 443.013, 443.0135,
  443.014, 443.015, 443.016, and 443.017, respectively;
                     (B)  Subchapter B in the redesignated chapter is
  redesignated as Subchapter B, Chapter 443, Insurance Code, and the
  sections in the redesignated subchapter, Sections 21A.051 through
  21A.059, are redesignated as Sections 443.051 through 443.059;
                     (C)  Subchapter C in the redesignated chapter is
  redesignated as Subchapter C, Chapter 443, Insurance Code, and the
  sections in the redesignated subchapter, Sections 21A.101 through
  21A.105, are redesignated as Sections 443.101 through 443.105;
                     (D)  Subchapter D in the redesignated chapter is
  redesignated as Subchapter D, Chapter 443, Insurance Code, and the
  sections in the redesignated subchapter, Sections 21A.151 through
  21A.156, are redesignated as Sections 443.151 through 443.156;
                     (E)  Subchapter E in the redesignated chapter is
  redesignated as Subchapter E, Chapter 443, Insurance Code, and the
  sections in the redesignated subchapter, Sections 21A.201 through
  21A.213, are redesignated as Sections 443.201 through 443.213;
                     (F)  Subchapter F in the redesignated chapter is
  redesignated as Subchapter F, Chapter 443, Insurance Code, and the
  sections in the redesignated subchapter, Sections 21A.251 through
  21A.261, are redesignated as Sections 443.251 through 443.261;
                     (G)  Subchapter G in the redesignated chapter is
  redesignated as Subchapter G, Chapter 443, Insurance Code, and the
  sections in the redesignated subchapter, Sections 21A.301 through
  21A.304, are redesignated as Sections 443.301 through 443.304;
                     (H)  Subchapter H in the redesignated chapter is
  redesignated as Subchapter H, Chapter 443, Insurance Code, and the
  sections in the redesignated subchapter, Sections 21A.351 through
  21A.355, are redesignated as Sections 443.351 through 443.355; and
                     (I)  Subchapter I in the redesignated chapter is
  redesignated as Subchapter I, Chapter 443, Insurance Code, and the
  sections in the redesignated subchapter, Sections 21A.401 and
  21A.402, are redesignated as Sections 443.401 and 443.402,
  respectively; and
               (2)  Subchapter Q, Chapter 442, Insurance Code, is
  redesignated as Chapter 444, Insurance Code, the heading of
  Subchapter Q is amended to read as follows:  "CHAPTER 444 
  [SUBCHAPTER Q].  AGENCY CONTRACTS WITH CERTAIN INSURERS", and
  Sections 442.801, 442.802, 442.803, and 442.804 in the redesignated
  subchapter are redesignated as Sections 444.001, 444.002, 444.003,
  and 444.004, respectively.
         (b)  Sections 21A.004(a)(4), (11), (14), (17), and (26),
  Insurance Code, redesignated as Sections 443.004(a)(4), (11),
  (14), (17), and (26), Insurance Code, respectively, by Subsection
  (a)(1)(A) of this section, are amended to conform to the additional
  changes made by Subsection (a)(1) of this section and to the
  recodification and repeal of Articles 21.28-C and 21.28-D,
  Insurance Code, by Chapter 727, Acts of the 79th Legislature,
  Regular Session, 2005, to read as follows:
               (4)  "Delinquency proceeding" means any proceeding
  instituted against an insurer for the purpose of liquidating,
  rehabilitating, or conserving the insurer, and any proceeding under
  Section 443.051 [21A.051].
               (11)  "Guaranty association" means any mechanism
  mandated by [Article 21.28-C or 21.28-D,] Chapter 462, 463, or
  2602[,] or other laws of this state or a similar mechanism in
  another state that is created for the payment of claims or
  continuation of policy obligations of financially impaired or
  insolvent insurers.
               (14)  "Insurer" means any person that has done,
  purports to do, is doing, or is authorized to do the business of
  insurance in this state, and is or has been subject to the authority
  of or to liquidation, rehabilitation, reorganization, supervision,
  or conservation by any insurance commissioner. For purposes of
  this chapter, any other persons included under Section 443.003 
  [21A.003] are insurers.
               (17)  "Party in interest" means the commissioner, a 10
  percent or greater equity security holder in the insolvent insurer,
  any affected guaranty association, any nondomiciliary commissioner
  for a jurisdiction in which the insurer has outstanding claims
  liabilities, and any of the following parties that have filed a
  request for inclusion on the service list under Section 443.007 
  [21A.007]:
                     (A)  an insurer that ceded to or assumed business
  from the insolvent insurer; and
                     (B)  an equity shareholder, policyholder,
  third-party claimant, creditor, and any other person, including any
  indenture trustee, with a financial or regulatory interest in the
  receivership proceeding.
               (26)  "Secured claim" means any claim secured by an
  asset that is not a general asset. The term includes the right to
  set off as provided in Section 443.209 [21A.209]. The term does not
  include a claim arising from a constructive or resulting trust, a
  special deposit claim, or a claim based on mere possession.
         (c)  Sections 21A.005(e), (h), and (i), Insurance Code,
  redesignated as Sections 443.005(e), (h), and (i), Insurance Code,
  respectively, by Subsection (a)(1)(A) of this section, are amended
  to conform to the additional changes made by Subsection (a)(1) of
  this section to read as follows:
         (e)  If, on motion of any party, the receivership court finds
  that any action, as a matter of substantial justice, should be tried
  in a forum outside this state, the receivership court may enter an
  appropriate order to stay further proceedings on the action in this
  state. Except as to claims against the estate, nothing in this
  chapter deprives a party of any contractual right to pursue
  arbitration. A party in arbitration may bring a claim or
  counterclaim against the estate, but the claim or counterclaim is
  subject to Section 443.209 [21A.209].
         (h)  At any time after an order is entered pursuant to
  Section 443.051, 443.101, or 443.151 [21A.051, 21A.101, or
  21A.151], the commissioner or receiver may transfer the case to the
  county of the principal office of the person proceeded against. In
  the event of transfer, the court in which the proceeding was
  commenced, upon application of the commissioner or receiver, shall
  direct its clerk to transmit the court's file to the clerk of the
  court to which the case is to be transferred. The proceeding, after
  transfer, shall be conducted in the same manner as if it had been
  commenced in the court to which the matter is transferred.
         (i)  A person may not intervene in any delinquency proceeding
  in this state for the purpose of seeking or obtaining payment of any
  judgment, lien, or other claim of any kind. The claims procedure
  set forth in this chapter constitutes the exclusive means for
  obtaining payment of claims from the receivership estate. This
  provision is not intended to affect the rights conferred on the
  guaranty associations by Section 443.008(l) [21A.008(l)].
         (d)  Section 21A.008(e), Insurance Code, redesignated as
  Section 443.008(e), Insurance Code, by Subsection (a)(1)(A) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (e)  Notwithstanding Subsection (c), the commencement of a
  delinquency proceeding under this chapter does not operate as a
  stay of:
               (1)  regulatory actions not described by Subsection
  (c)(7) that are taken by the commissioners of nondomiciliary
  states, including the suspension of licenses;
               (2)  criminal proceedings;
               (3)  any act to perfect or to maintain or continue the
  perfection of an interest in property to the extent that the act is
  accomplished within any relation back period under applicable law;
               (4)  set off as permitted by Section 443.209 [21A.209];
               (5)  pursuit and enforcement of nonmonetary
  governmental claims, judgments, and proceedings;
               (6)  presentment of a negotiable instrument and the
  giving of notice and protesting dishonor of the instrument;
               (7)  enforcement of rights against single beneficiary
  trusts established pursuant to and in compliance with laws relating
  to credit for reinsurance;
               (8)  termination, liquidation, and netting of
  obligations under qualified financial contracts as provided for in
  Section 443.261 [21A.261];
               (9)  discharge by a guaranty association of statutory
  responsibilities under any law governing guaranty associations; or
               (10)  any of the following actions:
                     (A)  an audit by a governmental unit to determine
  tax liability;
                     (B)  the issuance to the insurer by a governmental
  unit of a notice of tax deficiency;
                     (C)  a demand for tax returns; or
                     (D)  the making of an assessment for any tax and
  issuance of a notice and demand for payment of the assessment.
         (e)  Section 21A.009(c), Insurance Code, redesignated as
  Section 443.009(c), Insurance Code, by Subsection (a)(1)(A) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (c)  If applicable law, an order, or an agreement fixes a
  period for commencing or continuing a civil action in a court other
  than the receivership court on a claim against the insurer, and the
  period has not expired before the date of the initial filing of the
  petition in a delinquency proceeding, then the period does not
  expire until the later of:
               (1)  the end of the period, including any suspension of
  the period occurring on or after the filing of the initial petition
  in the delinquency proceeding; or
               (2)  30 days after termination or expiration of the
  stay under Section 443.008 [21A.008] with respect to the claim.
         (f)  Section 21A.0135, Insurance Code, redesignated as
  Section 443.0135, Insurance Code, by Subsection (a)(1)(A) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         Sec. 443.0135 [21A.0135].  CONTRACTS FOR SPECIAL DEPUTIES.  
  (a)  The receiver shall use a competitive bidding process in the
  selection of any special deputies appointed under Section 443.102
  or 443.154 [21A.102 or 21A.154]. The process must include
  procedures to promote the participation of historically
  underutilized businesses that have been certified by the Texas
  Building and Procurement Commission under Section 2161.061,
  Government Code.
         (b)  A proposal submitted in connection with a bid
  solicitation under Subsection (a) must describe the efforts that
  have been made to include historically underutilized businesses as
  subcontractors and the plan for using the historically
  underutilized businesses in the administration of the receivership
  estate. A special deputy appointed under Section 443.102 or
  443.154 [21A.102 or 21A.154] shall make a good faith effort to
  implement the plan and shall report to the receiver the special
  deputy's efforts to identify and subcontract with historically
  underutilized businesses.
         (g)  Sections 21A.015(a), (c), and (i), Insurance Code,
  redesignated as Sections 443.015(a), (c), and (i), Insurance Code,
  respectively, by Subsection (a)(1)(A) of this section, are amended
  to conform to the additional changes made by Subsection (a)(1) of
  this section to read as follows:
         (a)  The receiver may pay any expenses under contracts,
  leases, employment agreements, or other arrangements entered into
  by the insurer prior to receivership, as the receiver deems
  necessary for the purposes of this chapter. The receiver is not
  required to pay any expenses that the receiver determines are not
  necessary, and may reject any contract pursuant to Section 443.013
  [21A.013].
         (c)  The receiver shall submit to the receivership court an
  application pursuant to Section 443.007 [21A.007] to approve:
               (1)  the terms of compensation of each special deputy
  or contractor with respect to which the total amount of the
  compensation is reasonably expected by the receiver for the
  duration of the delinquency proceeding to exceed $250,000, or
  another amount established by the receivership court; and
               (2)  any other anticipated expense in excess of
  $25,000, or another amount established by the receivership court.
         (i)  All expenses of receivership shall be paid from the
  assets of the insurer, except as provided by this subsection. In
  the event that the property of the insurer does not contain
  sufficient cash or liquid assets to defray the expenses incurred,
  the commissioner may advance funds from the account established
  under Section 443.304(c) [21A.304(c)]. Any amounts advanced shall
  be repaid to the account out of the first available money of the
  insurer.
         (h)  Sections 21A.051(a), (b), and (i), Insurance Code,
  redesignated as Sections 443.051(a), (b), and (i), Insurance Code,
  respectively, by Subsection (a)(1)(B) of this section, are amended
  to conform to the additional changes made by Subsection (a)(1) of
  this section to read as follows:
         (a)  The commissioner may file in a district court of Travis
  County a petition with respect to an insurer domiciled in this
  state, an unauthorized insurer, or, pursuant to Section 443.401
  [21A.401], a foreign insurer:
               (1)  alleging that grounds exist that would justify a
  court order for a formal delinquency proceeding against the insurer
  under this chapter;
               (2)  alleging that the interests of policyholders,
  creditors, or the public will be endangered by delay; and
               (3)  setting forth the contents of a seizure order
  deemed to be necessary by the commissioner.
         (b)  Upon a filing under Subsection (a), the receivership
  court may issue, ex parte and without notice or hearing, the
  requested seizure order directing the commissioner to take
  possession and control of all or a part of the property, books,
  accounts, documents, and other records of an insurer, and of the
  premises occupied by it for transaction of its business, and until
  further order of the receivership court, enjoining the insurer and
  its officers, managers, agents, and employees from disposition of
  its property and from the transaction of its business except with
  the written consent of the commissioner. Any person having
  possession or control of and refusing to deliver any of the books,
  records, or assets of a person against whom a seizure order has been
  issued commits an offense. An offense under this subsection is
  punishable in the manner described by Section 443.010(e)
  [21A.010(e)].
         (i)  In all proceedings and judicial reviews under this
  section, all records of the insurer, department files, court
  records and papers, and other documents, so far as they pertain to
  or are a part of the record of the proceedings, are confidential,
  and all papers filed with the clerk of the court shall be held by the
  clerk in a confidential file as permitted by law, except to the
  extent necessary to obtain compliance with any order entered in
  connection with the proceedings, unless and until:
               (1)  the court, after hearing argument in chambers,
  orders otherwise;
               (2)  the insurer requests that the matter be made
  public; or
               (3)  the commissioner applies for an order under
  Section 443.057 [21A.057].
         (i)  Section 21A.052(b), Insurance Code, redesignated as
  Section 443.052(b), Insurance Code, by Subsection (a)(1)(B) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (b)  The petition must state the grounds upon which the
  proceeding is based and the relief requested and may include a
  prayer for restraining orders and injunctive relief as described in
  Section 443.008 [21A.008]. On the filing of the petition or order,
  a copy shall be forwarded by first class mail or electronic
  communication as permitted by the receivership court to the
  insurance regulatory officials and guaranty associations in states
  in which the insurer did business.
         (j)  Section 21A.056(a), Insurance Code, redesignated as
  Section 443.056(a), Insurance Code, by Subsection (a)(1)(B) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (a)  The commissioner, rehabilitator, or liquidator may
  share documents, materials, or other information in the possession,
  custody, or control of the department without regard to the
  confidentiality of those documents, materials, or information,
  pertaining to an insurer that is the subject of a proceeding under
  this chapter with other state, federal, and international
  regulatory agencies, with the National Association of Insurance
  Commissioners and its affiliates and subsidiaries, with state,
  federal, and international law enforcement authorities, with an
  auditor appointed by the receivership court in accordance with
  Section 443.355 [21A.355], and, pursuant to Section 443.105
  [21A.105], with representatives of guaranty associations that may
  have statutory obligations as a result of the insolvency of the
  insurer, provided that the recipient agrees to maintain the
  confidentiality, if any, of the documents, material, or other
  information. Nothing in this section limits the power of the
  commissioner to disclose information under other applicable law.
         (k)  Section 21A.057, Insurance Code, redesignated as
  Section 443.057, Insurance Code, by Subsection (a)(1)(B) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section and to the recodification and
  repeal of Articles 1.15, 1.15A, 1.16, 1.32, and 21.28-A, Insurance
  Code, by Chapter 727, Acts of the 79th Legislature, Regular
  Session, 2005, to read as follows:
         Sec. 443.057 [21A.057].  GROUNDS FOR CONSERVATION,
  REHABILITATION, OR LIQUIDATION. The commissioner may file with a
  court in this state a petition with respect to an insurer domiciled
  in this state or an unauthorized insurer for an order of
  rehabilitation or liquidation on any one or more of the following
  grounds:
               (1)  the insurer is impaired;
               (2)  the insurer is insolvent;
               (3)  the insurer is about to become insolvent, with
  "about to become insolvent" being defined as reasonably anticipated
  that the insurer will not have liquid assets to meet its next 90
  days' current obligations;
               (4)  the insurer has neglected or refused to comply
  with an order of the commissioner to make good within the time
  prescribed by law any deficiency, whenever its capital and minimum
  required surplus, if a stock company, or its surplus, if a company
  other than stock, has become impaired;
               (5)  the insurer, its parent company, its subsidiaries,
  or its affiliates have converted, wasted, or concealed property of
  the insurer or have otherwise improperly disposed of, dissipated,
  used, released, transferred, sold, assigned, hypothecated, or
  removed the property of the insurer;
               (6)  the insurer is in a condition such that it could
  not meet the requirements for organization and authorization as
  required by law, except as to the amount of the original surplus
  required of a stock company under Title 6, and except as to the
  amount of the surplus required of a company other than a stock
  company in excess of the minimum surplus required to be maintained;
               (7)  the insurer, its parent company, its subsidiaries,
  or its affiliates have concealed, removed, altered, destroyed, or
  failed to establish and maintain books, records, documents,
  accounts, vouchers, and other pertinent material adequate for the
  determination of the financial condition of the insurer by
  examination under Chapter 401 [Article 1.15, 1.15A, or 1.16] or has
  failed to properly administer claims or maintain claims records
  that are adequate for the determination of its outstanding claims
  liability;
               (8)  at any time after the issuance of an order under
  Section 404.003 or Chapter 441 [Article 1.32 or 21.28-A], or at the
  time of instituting any proceeding under this chapter, it appears
  to the commissioner that, upon good cause shown, it would not be in
  the best interest of the policyholders, creditors, or the public to
  proceed with the conduct of the business of the insurer;
               (9)  the insurer is in a condition such that the further
  transaction of business would be hazardous financially, according
  to Subchapter A, Chapter 404, [Article 1.32] or otherwise, to its
  policyholders, creditors, or the public;
               (10)  there is reasonable cause to believe that there
  has been embezzlement from the insurer, wrongful sequestration or
  diversion of the insurer's property, forgery or fraud affecting the
  insurer, or other illegal conduct in, by, or with respect to the
  insurer that, if established, would endanger assets in an amount
  threatening the solvency of the insurer;
               (11)  control of the insurer is in a person who is:
                     (A)  dishonest or untrustworthy; or
                     (B)  so lacking in insurance company managerial
  experience or capability as to be hazardous to policyholders,
  creditors, or the public;
               (12)  any person who in fact has executive authority in
  the insurer, whether an officer, manager, general agent, director,
  trustee, employee, shareholder, or other person, has refused to be
  examined under oath by the commissioner concerning the insurer's
  affairs, whether in this state or elsewhere or if examined under
  oath, refuses to divulge pertinent information reasonably known to
  the person; and after reasonable notice of the fact, the insurer has
  failed promptly and effectively to terminate the employment and
  status of the person and all the person's influence on management;
               (13)  after demand by the commissioner under Chapter
  401 [Article 1.15, 1.15A, or 1.16] or under this chapter, the
  insurer has failed promptly to make available for examination any
  of its own property, books, accounts, documents, or other records,
  or those of any subsidiary or related company within the control of
  the insurer or of any person having executive authority in the
  insurer, so far as they pertain to the insurer;
               (14)  without first obtaining the written consent of
  the commissioner, the insurer has transferred, or attempted to
  transfer, in a manner contrary to Chapter 823 or any law relating to
  bulk reinsurance, substantially its entire property or business, or
  has entered into any transaction the effect of which is to merge,
  consolidate, or reinsure substantially its entire property or
  business in or with the property or business of any other person;
               (15)  the insurer or its property has been or is the
  subject of an application for the appointment of a receiver,
  trustee, custodian, conservator, sequestrator, or similar
  fiduciary of the insurer or its property otherwise than as
  authorized under the insurance laws of this state;
               (16)  within the previous five years, the insurer has
  wilfully and continuously violated its charter, articles of
  incorporation or bylaws, any insurance law of this state, or any
  valid order of the commissioner;
               (17)  the insurer has failed to pay within 60 days after
  the due date any obligation to any state or political subdivision of
  a state or any judgment entered in any state, if the court in which
  the judgment was entered had jurisdiction over the subject matter,
  except that nonpayment is not a ground until 60 days after any good
  faith effort by the insurer to contest the obligation has been
  terminated, whether it is before the commissioner or in the courts;
               (18)  the insurer has systematically engaged in the
  practice of reaching settlements with and obtaining releases from
  claimants, and then unreasonably delayed payment, failed to pay the
  agreed-upon settlements, or systematically attempted to compromise
  with claimants or other creditors on the ground that it is
  financially unable to pay its claims or obligations in full;
               (19)  the insurer has failed to file its annual report
  or other financial report required by statute within the time
  allowed by law;
               (20)  the board of directors or the holders of a
  majority of the shares entitled to vote, or a majority of those
  individuals entitled to the control of those entities specified by
  Section 443.003 [21A.003], request or consent to rehabilitation or
  liquidation under this chapter;
               (21)  the insurer does not comply with its domiciliary
  state's requirements for issuance to it of a certificate of
  authority, or its certificate of authority has been revoked by its
  state of domicile; or
               (22)  when authorized by department rules.
         (l)  Section 21A.058, Insurance Code, redesignated as
  Section 443.058, Insurance Code, by Subsection (a)(1)(B) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         Sec. 443.058 [21A.058].  ENTRY OF ORDER.  If the
  commissioner establishes any of the grounds provided in Section
  443.057 [21A.057], the receivership court shall grant the petition
  and issue the order of rehabilitation or liquidation requested in
  the petition.
         (m)  Section 21A.101(b), Insurance Code, redesignated as
  Section 443.101(b), Insurance Code, by Subsection (a)(1)(C) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (b)  Any order issued under this section must require
  accountings to the receivership court by the rehabilitator.
  Accountings must be at the intervals specified by the receivership
  court in its order, but not less frequently than semi-annually.
  Each accounting must include a report concerning the
  rehabilitator's opinion as to the likelihood that a plan under
  Section 443.103 [21A.103] will be prepared by the rehabilitator and
  the timetable for doing so.
         (n)  Section 21A.102(a), Insurance Code, redesignated as
  Section 443.102(a), Insurance Code, by Subsection (a)(1)(C) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (a)  The rehabilitator may appoint one or more special
  deputies. A special deputy serves at the pleasure of the
  rehabilitator and has all the powers and responsibilities of the
  rehabilitator granted under this section, unless specifically
  limited by the rehabilitator. The rehabilitator may employ or
  contract with legal counsel, actuaries, accountants, appraisers,
  consultants, clerks, assistants, and other personnel as may be
  deemed necessary. Any special deputy or any other person with whom
  the rehabilitator contracts under this subsection may act on behalf
  of the commissioner only in the commissioner's capacity as
  rehabilitator. Any person with whom the rehabilitator contracts
  under this subsection is not considered an agent of the state, and
  any contract entered into under this subsection does not constitute
  a contract with the state. The provisions of any law governing the
  procurement of goods and services by the state does not apply to any
  contract entered into by the commissioner as rehabilitator. The
  compensation of any special deputies, employees, and contractors
  and all expenses of taking possession of the insurer and of
  conducting the rehabilitation shall be fixed by the rehabilitator,
  with the approval of the receivership court in accordance with
  Section 443.015 [21A.015], and shall be paid out of the property of
  the insurer. The persons appointed under this subsection serve at
  the pleasure of the rehabilitator. If the rehabilitator deems it
  necessary to the proper performance of the rehabilitator's duties
  under this chapter, the rehabilitator may appoint an advisory
  committee of policyholders, claimants, or other creditors,
  including guaranty associations. The advisory committee serves at
  the pleasure of the rehabilitator and without compensation or
  reimbursement for expenses. The rehabilitator or the receivership
  court in rehabilitation proceedings conducted under this chapter
  may not appoint another committee of any nature.
         (o)  Section 21A.104, Insurance Code, redesignated as
  Section 443.104, Insurance Code, by Subsection (a)(1)(C) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         Sec. 443.104 [21A.104].  TERMINATION OF REHABILITATION.  (a)  
  When the rehabilitator believes further attempts to rehabilitate an
  insurer would substantially increase the risk of loss to creditors,
  policyholders, or the public or would be futile, the rehabilitator
  may move for an order of liquidation. In accordance with Section
  443.105 [21A.105], the rehabilitator or the rehabilitator's
  designated representative shall coordinate with the guaranty
  associations that may become liable as a result of the liquidation
  and any national association of guaranty associations to plan for
  transition to liquidation.
         (b)  Because the protection of the interests of insureds,
  claimants, and the public requires the timely performance of all
  insurance policy obligations, if the payment of policy obligations
  is suspended in substantial part for a period of six months at any
  time after the appointment of the rehabilitator and the
  rehabilitator has not filed an application for approval of a plan
  under Section 443.103 [21A.103], the rehabilitator shall petition
  the receivership court for an order of liquidation.
         (c)  The rehabilitator or the directors of the insurer may at
  any time petition the receivership court for, or the receivership
  court on its own motion may enter, an order terminating
  rehabilitation of an insurer. Subject to the provisions of Section
  443.351 [21A.351], if the receivership court finds that
  rehabilitation has been accomplished and that grounds for
  rehabilitation under Section 443.057 [21A.057] no longer exist, it
  shall order that the insurer be restored to title and possession of
  its property and the control of the business.
         (p)  Sections 21A.151(b) and (e), Insurance Code,
  redesignated as Sections 443.151(b) and (e), Insurance Code,
  respectively, by Subsection (a)(1)(D) of this section, are amended
  to conform to the additional changes made by Subsection (a)(1) of
  this section to read as follows:
         (b)  Upon issuance of the order of liquidation, the rights
  and liabilities of the insurer and of its creditors, policyholders,
  shareholders, members, and all other persons interested in its
  estate become fixed as of the date of entry of the order of
  liquidation, except as provided by Sections 443.152 and 443.255
  [21A.152 and 21A.255], unless otherwise fixed by the court.
         (e)  In the event an order of liquidation is set aside on
  appeal, the company may not be released from delinquency
  proceedings except in accordance with Section 443.351 [21A.351].
         (q)  Sections 21A.152(b), (c), and (d), Insurance Code,
  redesignated as Sections 443.152(b), (c), and (d), Insurance Code,
  respectively, by Subsection (a)(1)(D) of this section, are amended
  to conform to the additional changes made by Subsection (a)(1) of
  this section to read as follows:
         (b)  Notwithstanding any policy or contract language or any
  other statute, all policies, insurance contracts other than
  reinsurance by which the insurer has ceded insurance obligations to
  another person, and surety bonds or surety undertakings, other than
  life or health insurance or annuities, in effect at the time of
  issuance of an order of liquidation, unless further extended by the
  receiver with the approval of the receivership court, continue in
  force only until the earlier of:
               (1)  the 30th day after the date of entry of the
  liquidation order;
               (2)  the date of expiration of the policy coverage;
               (3)  the date the insured has replaced the insurance
  coverage with equivalent insurance with another insurer or
  otherwise terminated the policy;
               (4)  the date the liquidator has effected a transfer of
  the policy obligation pursuant to Section 443.154(h) [21A.154(h)];
  or
               (5)  the date proposed by the liquidator and approved
  by the receivership court to cancel coverage.
         (c)  An order of liquidation under Section 443.151 [21A.151]
  must terminate coverages at the time specified by Subsections (a)
  and (b) for purposes of any other statute.
         (d)  Policies of life or health insurance or annuities
  covered by a guaranty association and any portion of policies of
  life or health insurance or annuities covered by a guaranty
  association continue in force for the period and under the terms
  provided for by any applicable guaranty association law. Policies
  of life or health insurance or annuities not covered by a guaranty
  association and any portion of policies of life or health insurance
  or annuities not covered by a guaranty association terminate under
  Subsection (b), except to the extent the liquidator proposes and
  the receivership court approves the use of property of the estate,
  consistent with Section 443.301 [21A.301], for the purpose of
  continuing the contracts or coverage by transferring them to an
  assuming reinsurer.
         (r)  Sections 21A.154(a), (b), (h), (k), (l), (y), and (z),
  Insurance Code, redesignated as Sections 443.154(a), (b), (h), (k),
  (l), (y), and (z), Insurance Code, respectively, by Subsection
  (a)(1)(D) of this section, are amended to conform to the additional
  changes made by Subsection (a)(1) of this section to read as
  follows:
         (a)  The liquidator may appoint a special deputy or deputies
  to act for the liquidator under this chapter and employ or contract
  with legal counsel, actuaries, accountants, appraisers,
  consultants, clerks, assistants, and other personnel the
  liquidator may deem necessary to assist in the liquidation. A
  special deputy has all powers of the liquidator granted by this
  section, unless specifically limited by the liquidator, and serves
  at the pleasure of the liquidator. A special deputy or any other
  person with whom the liquidator contracts under this subsection may
  act on behalf of the commissioner only in the commissioner's
  capacity as liquidator. Any person with whom the liquidator
  contracts is not considered to be an agent of the state and any
  contract under this subsection is not a contract with the state.
  The provisions of any law governing the procurement of goods and
  services by the state do not apply to any contract entered into by
  the commissioner as liquidator. This subsection does not waive any
  immunity granted by Section 443.014 [21A.014] or create any cause
  of action against the state.
         (b)  The liquidator may determine the reasonable
  compensation for any special deputies, employees, or contractors
  retained by the liquidator as provided in Subsection (a) and pay
  compensation in accordance with Section 443.015 [21A.015].
         (h)  The liquidator may use property of the estate of an
  insurer under a liquidation order to transfer to a solvent assuming
  insurer policy obligations or the insurer's obligations under
  surety bonds and surety undertakings as well as collateral held by
  the insurer with respect to the reimbursement obligations of the
  principals under those surety bonds and surety undertakings, if the
  transfer can be arranged without prejudice to applicable priorities
  under Section 443.301 [21A.301]. If all insureds, principals,
  third-party claimants, and obligees under the policies, surety
  bonds, and surety undertakings consent or if the receivership court
  so orders, the estate has no further liability under the
  transferred policies, surety bonds, or surety undertakings after
  the transfer is made.
         (k)  The liquidator may enter into contracts as necessary to
  carry out the order to liquidate and, subject to the provisions of
  Section 443.013 [21A.013], may assume or reject any executory
  contract or unexpired lease to which the insurer is a party.
         (l)  The liquidator may continue to prosecute and institute
  in the name of the insurer or in the liquidator's own name any and
  all suits and other legal proceedings, in this state or elsewhere,
  and abandon the prosecution of claims the liquidator deems
  unprofitable to pursue further. If the insurer is dissolved under
  Section 443.153 [21A.153], the liquidator has the power to apply to
  any court in this state or elsewhere for leave to substitute the
  liquidator for the insurer as a party.
         (y)  The liquidator may hypothecate, encumber, lease, sell,
  transfer, abandon, or otherwise dispose of or deal with any
  property of the insurer, settle or resolve any claim brought by the
  liquidator on behalf of the insurer, or commute or settle any claim
  of reinsurance under any contract of reinsurance, as follows:
               (1)  if the property or claim has a market or settlement
  value that does not exceed the lesser of $1 million or 10 percent of
  the general assets of the estate as shown on the receivership's
  financial statements, the liquidator may take action at the
  liquidator's discretion, provided that the receivership court may,
  upon petition of the liquidator, increase the threshold upon a
  showing that compliance with this requirement is burdensome to the
  liquidator in administering the estate and is unnecessary to
  protect the material interests of creditors;
               (2)  in all instances other than those described in
  Subdivision (1), the liquidator may take the action only after
  obtaining approval of the receivership court as provided by Section
  443.007 [21A.007];
               (3)  the liquidator may, at the liquidator's
  discretion, request the receivership court to approve a proposed
  action as provided by Section 443.007 [21A.007] if the value of the
  property or claim appears to be less than the threshold provided by
  Subdivision (1) but cannot be ascertained with certainty, or for
  any other reason as determined by the liquidator; and
               (4)  after obtaining approval of the receivership court
  as provided in Section 443.007 [21A.007], the liquidator may,
  subject to Subsection (z), transfer rights to payment under ceding
  reinsurance agreements covering policies to a third-party
  transferee.
         (z)  The transferee of a right to payment under Subsection
  (y)(4) has the rights to collect and enforce collection of the
  reinsurance for the amount payable to the ceding insurer or to its
  receiver, without diminution because of the insolvency or because
  the receiver has failed to pay all or a portion of the claim, based
  on the amounts paid or allowed pursuant to Section 443.211
  [21A.211]. The transfer of the rights does not give rise to any
  defense regarding the reinsurer's obligations under the
  reinsurance agreement regardless of whether an agreement or other
  applicable law prohibits the transfer of rights under the
  reinsurance agreement. Except as provided in this subsection, any
  transfer of rights pursuant to Subsection (y)(4) does not impair
  any rights or defenses of the reinsurer that existed prior to the
  transfer or that would have existed in the absence of the transfer.
  Except as otherwise provided in this subsection, any transfer of
  rights pursuant to Subsection (y)(4) does not relieve the
  transferee or the liquidator from obligations owed to the reinsurer
  pursuant to the reinsurance or other agreement.
         (s)  Section 21A.155(b), Insurance Code, redesignated as
  Section 443.155(b), Insurance Code, by Subsection (a)(1)(D) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (b)  The notice of the entry of an order of liquidation must
  contain or provide directions for obtaining the following
  information:
               (1)  a statement that the insurer has been placed in
  liquidation;
               (2)  a statement that certain acts are stayed under
  Section 443.008 [21A.008] and describe any additional injunctive
  relief ordered by the receivership court;
               (3)  a statement whether, and to what extent, the
  insurer's policies continue in effect;
               (4)  to the extent applicable, a statement that
  coverage by state guaranty associations may be available for all or
  part of policy benefits in accordance with applicable state
  guaranty laws;
               (5)  a statement of the deadline for filing claims, if
  established, and the requirements for filing a proof of claim
  pursuant to Section 443.251 [21A.251] on or before that date;
               (6)  a statement of the date, time, and location of any
  initial status hearing scheduled at the time the notice is sent;
               (7)  a description of the process for obtaining notice
  of matters before the receivership court; and
               (8)  any other information the liquidator or the
  receivership court deems appropriate.
         (t)  Section 21A.156(a), Insurance Code, redesignated as
  Section 443.156(a), Insurance Code, by Subsection (a)(1)(D) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (a)  Every person who represented the insurer as an agent and
  receives notice in the form prescribed in Section 443.155 [21A.155]
  that the insurer is the subject of a liquidation order, not later
  than the 30th day after the date of the notice, shall provide to the
  liquidator, in addition to the information the agent may be
  required to provide pursuant to Section 443.010 [21A.010], the
  information in the agent's records related to any policy issued by
  the insurer through the agent and any policy issued by the insurer
  through an agent under contract to the agent, including the name and
  address of any subagent. For purposes of this subsection, a policy
  is issued through an agent if the agent has a property interest in
  the expiration of the policy or if the agent has had in the agent's
  possession a copy of the declarations of the policy at any time
  during the life of the policy, except where the ownership of the
  expiration of the policy has been transferred to another.
         (u)  Sections 21A.207(a), (d), and (f), Insurance Code,
  redesignated as Sections 443.207(a), (d), and (f), Insurance Code,
  respectively, by Subsection (a)(1)(E) of this section, are amended
  to conform to the additional changes made by Subsection (a)(1) of
  this section to read as follows:
         (a)  Except as otherwise provided in this section, to the
  extent that the receiver obtains an order under Section 443.201
  [21A.201] or avoids a transfer under Section 443.202, 443.203,
  443.204, 443.205, or 443.206 [Sections 21A.202, 21A.203, 21A.204,
  21A.205, or 21A.206], the receiver may recover the property
  transferred, or the value of the property, from:
               (1)  the initial transferee of the transfer or the
  entity for whose benefit the transfer was made; or
               (2)  any immediate or mediate transferee of the initial
  transferee.
         (d)  In addition to the remedies specifically provided under
  Sections 443.201-443.206 [21A.201-21A.206] and Subsection (a), if
  the receiver is successful in establishing a claim to the property
  or any part of the property, the receiver is entitled to recover
  judgment for:
               (1)  rental for the use of the tangible property from
  the later of the entry of the receivership order or the date of the
  transfer;
               (2)  in the case of funds or intangible property, the
  greater of:
                     (A)  the actual interest or income earned by the
  property; or
                     (B)  interest at the statutory rate for judgments
  from the later of the date of the entry of the receivership order or
  the date of the transfer; and
               (3)  except as to recoveries from guaranty
  associations, all costs, including investigative costs and other
  expenses necessary to the recovery of the property or funds, and
  reasonable attorney's fees.
         (f)  In any action under Sections 443.201-443.206
  [21A.201-21A.206], the receiver has the burden of proving the
  avoidability of a transfer, and the person against whom recovery or
  avoidance is sought has the burden of proving the nature and extent
  of any affirmative defense.
         (v)  Section 21A.208(b), Insurance Code, redesignated as
  Section 443.208(b), Insurance Code, by Subsection (a)(1)(E) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (b)  A claim allowable under Subsection (a) by reason of the
  avoidance, whether voluntary or involuntary, or a preference, lien,
  conveyance, transfer, assignment, or encumbrance, may be filed as
  an excused late filing under Section 443.251(b) [21A.251(b)] if
  filed not later than the 30th day after the date of the avoidance,
  or within the further time allowed by the receivership court under
  Subsection (a).
         (w)  Section 21A.210(j), Insurance Code, redesignated as
  Section 443.210(j), Insurance Code, by Subsection (a)(1)(E) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (j)  Any claim filed by an assessee who fails to pay an
  assessment, after the conclusion of any legal action by the
  assessee objecting to the assessment, is deemed a late filed claim
  under Section 443.251 [21A.251].
         (x)  Sections 21A.211(b) and (f), Insurance Code,
  redesignated as Sections 443.211(b) and (f), Insurance Code,
  respectively, by Subsection (a)(1)(E) of this section, are amended
  to conform to the additional changes made by Subsection (a)(1) of
  this section and to the recodification and repeal of Articles
  21.28-C and 21.28-D, Insurance Code, by Chapter 727, Acts of the
  79th Legislature, Regular Session, 2005, to read as follows:
         (b)  Except as provided by Subsection (a), any reinsurance
  shall be payable to the receiver under a policy reinsured by the
  assuming insurer on the basis of claims:
               (1)  allowed under Section 443.253 [21A.253]; and
               (2)  paid under:
                     (A)  Chapter 462, 463, or [Article 21.28-C or
  21.28-D;
                     [(B)  Chapter] 2602; or
                     (B) [(C)]  the guaranty associations of other
  states.
         (f)  Nothing in this chapter shall be construed as
  authorizing the receiver, or other entity, to compel payment from a
  non-life reinsurer on the basis of estimated incurred but not
  reported losses or outstanding reserves, except outstanding
  reserves with respect to claims made pursuant to Section 443.255
  [21A.255] and approved workers compensation claims filed under
  Section 443.252(d) [21A.252(d)].
         (y)  Sections 21A.212(a), (b), and (c), Insurance Code,
  redesignated as Sections 443.212(a), (b), and (c), Insurance Code,
  respectively, by Subsection (a)(1)(E) of this section, are amended
  to conform to the additional changes made by Subsection (a)(1) of
  this section to read as follows:
         (a)  An insured shall pay, either directly to the receiver or
  to any agent that has paid or is obligated to pay the receiver on
  behalf of the insured, any unpaid earned premium or retrospectively
  rated premium due the insurer based on the termination of coverage
  under Section 443.152 [21A.152]. Premium on surety business is
  deemed earned at inception if a policy term cannot be determined.
  All other premium is deemed earned and is prorated equally over the
  determined policy term, regardless of any provision in the bond,
  guaranty, contract or other agreement.
         (b)  Any person, other than the insured, shall turn over to
  the receiver any unpaid premium due and owing as shown on the
  records of the insurer, including any amount representing
  commissions, for the full policy term due the insurer at the time of
  the entry of the receivership order, whether earned or unearned,
  based on the termination of coverage under Section 443.152
  [21A.152]. The unpaid premium due the receiver from any person
  other than the insured excludes any premium not collected from the
  insured and not earned based on the termination of coverage under
  Section 443.152 [21A.152].
         (c)  Any person, other than the insured, responsible for the
  remittance of a premium, shall turn over to the receiver any
  unearned commission of the person based on the termination of
  coverage under Section 443.152 [21A.152]. Credits, setoffs, or
  both may not be allowed to an agent, broker, premium finance
  company, or any other person for any amounts advanced to the insurer
  by the person on behalf of, but in the absence of a payment by, the
  insured, or for any other amount paid by the person to any other
  person after the entry of the order of receivership.
         (z)  Sections 21A.213(h) and (i), Insurance Code,
  redesignated as Sections 443.213(h) and (i), Insurance Code,
  respectively, by Subsection (a)(1)(E) of this section, are amended
  to conform to the additional changes made by Subsection (a)(1) of
  this section to read as follows:
         (h)  To the extent a guaranty association is required by
  applicable law to pay any claims for which the insurer would have
  been entitled to reimbursement from the policyholder, the following
  provisions apply:
               (1)  The receiver shall promptly invoice the
  policyholder for the reimbursement due under the agreement, and the
  policyholder is obligated to pay the amount invoiced to the
  receiver for the benefit of the guaranty associations that paid the
  claims. Neither the insolvency of the insurer nor the insurer's
  inability to perform any obligations under the deductible agreement
  is a defense to the policyholder's reimbursement obligation under
  the deductible agreement. At the time the policyholder
  reimbursements are collected, the receiver shall promptly forward
  those amounts to the guaranty association, based on the claims paid
  by the guaranty association that were subject to the deductible.
               (2)  If the collateral is insufficient to reimburse the
  guaranty association for claims paid within the deductible, the
  receiver shall use any existing collateral to make a partial
  reimbursement to the guaranty association, subject to any
  allocation under Subsection (d), (e), or (f). If more than one
  guaranty association has a claim against the same collateral, the
  receiver shall prorate payments to each guaranty association based
  on the amount of the claims each guaranty association has paid.
               (3)  The receiver is entitled to deduct from
  reimbursements owed to a guaranty association or collateral to be
  returned to a policyholder reasonable actual expenses incurred in
  fulfilling the receiver's responsibilities under this section.
  Expenses incurred to collect reimbursements for the benefit of a
  guaranty association are subject to the approval of the guaranty
  association. Any remaining expenses that are not deducted from the
  reimbursements are payable subject to Section 443.015 [21A.015].
               (4)  The receiver shall provide any affected guaranty
  associations with a complete accounting of the receiver's
  deductible billing and collection activities on a quarterly basis,
  or at other intervals as may be agreed to between the receiver and
  the guaranty associations. Accountings under this subdivision must
  include copies of the policyholder billings, the reimbursements
  collected, the available amounts and use of collateral for each
  account, and any prorating of payments.
               (5)  If the receiver fails to make a good faith effort
  to collect reimbursements due from a policyholder under a
  deductible agreement within 120 days of receipt of claims payment
  reports from a guaranty association, the guaranty association may,
  after notice to the receiver, collect the reimbursements that are
  due, and, in so doing, the guaranty association shall have the same
  rights and remedies as the receiver. A guaranty association shall
  report any amounts collected under this subdivision and expenses
  incurred in collecting those amounts to the receiver.
               (6)  The receiver shall periodically adjust the
  collateral held as the claims subject to the deductible agreement
  are paid, provided that adequate collateral is maintained. The
  receiver is not required to adjust the collateral more than once a
  year. The receiver shall inform the guaranty associations of all
  collateral reviews, including the basis for the adjustment.
               (7)  Reimbursements received or collected by a guaranty
  association under this section may not be considered a distribution
  of the insurer's assets. A guaranty association shall provide the
  receiver with an accounting of any amounts it has received or
  collected under this section and any expenses incurred in
  connection with that receipt or collection. The amounts received,
  net of any expenses incurred in connection with collection of the
  amounts, must be set off against the guaranty association's claim
  filed under Section 443.251 [21A.251] for the payments that were
  reimbursed.
               (8)  To the extent that a guaranty association pays a
  claim within the deductible amount that is not reimbursed by either
  the receiver or by policyholder payments, the guaranty association
  has a claim for those amounts in the delinquency proceeding in
  accordance with Section 443.251 [21A.251].
               (9)  Nothing in this section limits any rights of a
  guaranty association under applicable law to obtain reimbursement
  for claims payments made by the guaranty association under policies
  of the insurer or for the association's related expenses.
         (i)  If a claim that is subject to a deductible agreement and
  secured by collateral is not covered by any guaranty association,
  the following provisions apply:
               (1)  The receiver is entitled to retain as an asset of
  the estate any collateral or deductible reimbursements obtained by
  the receiver.
               (2)  If a policyholder fails to assume an obligation
  under a deductible agreement to pay a claim, the receiver shall use
  the collateral to adjust and pay the claim to the extent that the
  available collateral, after any allocation under Subsection (d),
  (e), or (f), is sufficient to pay all outstanding and anticipated
  claims within the deductible. If the collateral is exhausted and
  all reasonable means of collection against the insured have been
  exhausted, the remaining claims shall be subject to the provisions
  of Sections 443.251 and 443.301 [21A.251 and 21A.301].
               (3)  The receiver is entitled to deduct from collateral
  reasonable actual expenses incurred in fulfilling the receiver's
  responsibilities under this section. Any remaining expenses that
  are not deducted from the reimbursements are payable subject to
  Section 443.015 [21A.015].
         (aa)  Sections 21A.251(a) and (b), Insurance Code,
  redesignated as Sections 443.251(a) and (b), Insurance Code,
  respectively, by Subsection (a)(1)(F) of this section, are amended
  to conform to the additional changes made by Subsection (a)(1) of
  this section to read as follows:
         (a)  Except as provided by this subsection, proof of all
  claims must be filed with the liquidator in the form required by
  Section 443.252 [21A.252] on or before the last day for filing
  specified in the notice required under Section 443.155 [21A.155],
  which date may not be later than 18 months after entry of the order
  of liquidation, unless the receivership court, for good cause
  shown, extends the time, except that proofs of claims for cash
  surrender values or other investment values in life insurance and
  annuities and for any other policies insuring the lives of persons
  need not be filed unless the liquidator expressly so requires. The
  receivership court, only upon application of the liquidator, may
  allow alternative procedures and requirements for the filing of
  proofs of claim or for allowing or proving claims. Upon
  application, if the receivership court dispenses with the
  requirements of filing a proof of claim by a person or a class or
  group of persons, a proof of claim for the person, class, or group
  is deemed to have been filed for all purposes, except that the
  receivership court's waiver of proof of claim requirements does not
  impact guaranty association proof of claim filing requirements or
  coverage determinations to the extent the guaranty fund statute or
  filing requirements are inconsistent with the receivership court's
  waiver of proof.
         (b)  The liquidator shall permit a claimant that makes a late
  filing to share ratably in distributions, whether past or future,
  as if the claim were not filed late, to the extent that the payment
  will not prejudice the orderly administration of the liquidation,
  under the following circumstances:
               (1)  the eligibility to file a proof of claim was not
  known to the claimant, and the claimant filed a proof of claim not
  later than the 90th day after the date of first learning of the
  eligibility;
               (2)  a transfer to a creditor was avoided under Section
  443.202, 443.203, 443.204, or 443.206 [21A.202, 21A.203, 21A.204,
  or 21A.206], or was voluntarily surrendered under Section 443.208
  [21A.208], and the filing satisfies the conditions of Section
  443.208 [21A.208]; or
               (3)  the valuation under Section 443.260 [21A.260], of
  security held by a secured creditor shows a deficiency, and the
  claim for the deficiency is filed not later than the 30th day after
  the valuation.
         (bb)  Sections 21A.253(b), (d), (i), and (k), Insurance
  Code, redesignated as Sections 443.253(b), (d), (i), and (k),
  Insurance Code, respectively, by Subsection (a)(1)(F) of this
  section, are amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (b)  Pursuant to the review, the liquidator shall provide
  written notice of the claim determination by any means authorized
  by Section 443.007 [21A.007] to the claimant or the claimant's
  attorney and may provide notice to any reinsurer that is or may be
  liable in respect of the claim. The notice must set forth the
  amount of the claim allowed by the liquidator, if any, and the
  priority class of the claim as established in Section 443.301
  [21A.301].
         (d)  A claim that has not become mature as of the coverage
  termination date established under Section 443.201 [21A.201]
  because payment on the claim is not yet due may be allowed as if it
  were mature. A claim that is allowed under this subsection may be
  discounted to present value based upon a reasonable estimated date
  of the payment, if the liquidator determines that the present value
  of the payment is materially less than the amount of the payment.
         (i)  A claim that does not contain all the applicable
  information required by Section 443.252 [21A.252] need not be
  further reviewed or adjudicated, and may be denied or disallowed by
  the liquidator subject to the notice and objection procedures in
  this section.
         (k)  The liquidator is not required to process claims for any
  class until it appears reasonably likely that property will be
  available for a distribution to that class. If there are
  insufficient assets to justify processing all claims for any class
  listed in Section 443.301 [21A.301], the liquidator shall report
  the facts to the receivership court and make such recommendations
  as may be appropriate for handling the remainder of the claims.
         (cc)  Section 21A.254, Insurance Code, redesignated as
  Section 443.254, Insurance Code, by Subsection (a)(1)(F) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         Sec. 443.254 [21A.254].  CLAIMS UNDER OCCURRENCE POLICIES,
  SURETY BONDS, AND SURETY UNDERTAKINGS.  (a)  Subject to the
  provisions of Section 443.253 [21A.253], any insured has the right
  to file a claim for the protection afforded under the insured's
  policy, regardless of whether a claim is known at the time of
  filing, if the policy is an occurrence policy.
         (b)  Subject to the provisions of Section 443.253 [21A.253],
  an obligee under a surety bond or surety undertaking has the right
  to file a claim for the protection afforded under the surety bond or
  surety undertaking issued by the insurer under which the obligee is
  the beneficiary, regardless of whether a claim is known at the time
  of filing.
         (c)  After a claim is filed under Subsection (a) or (b), at
  the time that a specific claim is made by or against the insured or
  by the obligee, the insured or the obligee shall supplement the
  claim, and the receiver shall treat the claim as a contingent or
  unliquidated claim under Section 443.255 [21A.255].
         (dd)  Sections 21A.255(a) and (c), Insurance Code,
  redesignated as Sections 443.255(a) and (c), Insurance Code,
  respectively, by Subsection (a)(1)(F) of this section, are amended
  to conform to the additional changes made by Subsection (a)(1) of
  this section to read as follows:
         (a)  A claim of an insured or third party may be allowed under
  Section 443.253 [21A.253], regardless of the fact that the claim
  was contingent or unliquidated, if any contingency is removed in
  accordance with Subsection (b) and the value of the claim is
  determined. For purposes of this section, a claim is contingent if:
               (1)  the accident, casualty, disaster, loss, event, or
  occurrence insured, reinsured, or bonded or reinsured against
  occurred on or before the date fixed under Section 443.151
  [21A.151]; and
               (2)  the act or event triggering the insurer's
  obligation to pay has not occurred as of the date fixed under
  Section 443.151 [21A.151].
         (c)  The liquidator may petition the receivership court to
  set a date before which all claims under this section are final. In
  addition to the notice requirements of Section 443.007 [21A.007],
  the liquidator shall give notice of the filing of the petition to
  all claimants with claims that remain contingent or unliquidated
  under this section.
         (ee)  Section 21A.256(c), Insurance Code, redesignated as
  Section 443.256(c), Insurance Code, by Subsection (a)(1)(F) of this
  section, is amended to conform to the additional changes made by
  Subsection (a)(1) of this section to read as follows:
         (c)  The liquidator may make recommendations to the
  receivership court for the allowance of an insured's claim after