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AN ACT
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relating to the creation, operation, and officers of certain courts |
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and juvenile boards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Effective September 15, 2008, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.542 to |
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read as follows: |
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Sec. 24.542. 397TH JUDICIAL DISTRICT (GRAYSON COUNTY). The |
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397th Judicial District is composed of Grayson County. |
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(b) The 397th Judicial District is created on September 15, |
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2008. |
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(c) Effective January 1, 2010, the heading to Section |
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24.106, Government Code, is amended to read as follows: |
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Sec. 24.106. 6TH JUDICIAL DISTRICT ([FANNIN,] LAMAR[,] AND |
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RED RIVER COUNTIES). |
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(d) Effective January 1, 2010, Subsection (a), Section |
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24.106, Government Code, is amended to read as follows: |
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(a) The 6th Judicial District is composed of [Fannin,] |
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Lamar[,] and Red River counties. |
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(e) Effective January 1, 2010, Section 24.482, Government |
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Code, is amended to read as follows: |
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Sec. 24.482. 336TH JUDICIAL DISTRICT (FANNIN COUNTY [AND
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GRAYSON COUNTIES]). [(a)] The 336th Judicial District is composed |
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of Fannin County [and Grayson counties]. |
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(f) The local administrative district judge for the 6th |
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Judicial District: |
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(1) shall transfer all cases from Fannin County that |
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are pending in the 6th District Court on January 1, 2010, to the |
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336th District Court; and |
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(2) may transfer any case from Fannin County that is |
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pending or filed in the 6th District Court on or after September 15, |
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2008, to the 336th District Court. |
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(g) When a case is transferred as provided by Subsection (f) |
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of this section, all processes, writs, bonds, recognizances, or |
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other obligations issued from the 6th District Court are returnable |
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to the 336th District Court as if originally issued by that court. |
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The obligees on all bonds and recognizances taken in and for the 6th |
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District Court and all witnesses summoned to appear in the 6th |
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District Court are required to appear before the 336th District |
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Court as if originally required to appear before that court. |
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(h) The local administrative district judge for the 336th |
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Judicial District: |
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(1) shall transfer all cases from Grayson County that |
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are pending in the 336th District Court on January 1, 2010, to the |
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397th District Court; and |
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(2) may transfer any case from Grayson County that is |
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pending or filed in the 336th District Court on or after September |
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15, 2008, to the 397th District Court. |
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(i) When a case is transferred as provided by Subsection (h) |
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of this section, all processes, writs, bonds, recognizances, or |
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other obligations issued from the 336th District Court are |
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returnable to the 397th District Court as if originally issued by |
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that court. The obligees on all bonds and recognizances taken in |
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and for the 336th District Court and all witnesses summoned to |
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appear in the 336th District Court are required to appear before the |
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397th District Court as if originally required to appear before |
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that court. |
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SECTION 2. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.562 to read as follows: |
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Sec. 24.562. 418TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). |
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(a) The 418th Judicial District is composed of Montgomery County. |
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(b) The 418th District Court shall give preference to family |
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law matters. |
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(b) The 418th Judicial District is created on the effective |
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date of this section. |
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SECTION 3. (a) Effective October 1, 2007, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.567 to |
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read as follows: |
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Sec. 24.567. 423RD JUDICIAL DISTRICT (BASTROP COUNTY). The |
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423rd Judicial District is composed of Bastrop County. |
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(b) The 423rd Judicial District is created October 1, 2007. |
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(c) Subsection (a), Section 44.111, Government Code, is |
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amended to read as follows: |
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(a) The criminal district attorney of Bastrop County shall |
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attend each term and session of the district courts [court] in |
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Bastrop County and each term and session of the inferior courts of |
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the county held for the transaction of criminal business. He shall |
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exclusively represent the state in all criminal matters before |
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those courts and any other court in which Bastrop County has pending |
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business. |
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SECTION 4. (a) Effective January 1, 2009, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.573 to |
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read as follows: |
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Sec. 24.573. 429TH JUDICIAL DISTRICT (COLLIN COUNTY). The |
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429th Judicial District is composed of Collin County. |
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(b) Effective January 1, 2009, the 429th Judicial District |
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is created. |
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SECTION 5. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.579 to read as follows: |
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Sec. 24.579. 435TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). |
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(a) The 435th Judicial District is composed of Montgomery County. |
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(b) The 435th District Court shall give preference to: |
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(1) civil commitment proceedings under Chapter 841, |
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Health and Safety Code; |
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(2) criminal cases involving offenses under Section |
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841.085, Health and Safety Code, and Article 62.203, Code of |
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Criminal Procedure; and |
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(3) other matters that may be assigned by the |
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administrative judge. |
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(c) Notwithstanding any other law, the state shall pay the |
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salaries of and other expenses related to the court reporter |
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appointed for the 435th District Court under Section 52.041 and the |
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court coordinator appointed for the court under Section 74.101. |
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The salaries of the court reporter and court coordinator shall be |
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set in amounts commensurate with the salaries paid by other |
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district courts for those positions. |
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(b) The 435th Judicial District is created on the effective |
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date of this section. |
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SECTION 6. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.589 to read as follows: |
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Sec. 24.589. 445TH JUDICIAL DISTRICT (CAMERON COUNTY). |
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(a) The 445th Judicial District is composed of Cameron County. |
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(b) The 445th District Court shall give preference to |
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criminal law cases. |
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(b) The 445th Judicial District is created on the effective |
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date of this section. |
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SECTION 7. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.592 to read as follows: |
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Sec. 24.592. 448TH JUDICIAL DISTRICT (EL PASO COUNTY). The |
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448th Judicial District is composed of El Paso County. |
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(b) The 448th Judicial District is created on the effective |
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date of this section. |
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SECTION 8. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.593 to read as follows: |
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Sec. 24.593. 449TH JUDICIAL DISTRICT (HIDALGO COUNTY). |
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(a) The 449th Judicial District is composed of Hidalgo County. |
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(b) The 449th District Court shall give preference to |
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juvenile matters. |
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(b) The 449th Judicial District is created on the effective |
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date of this section. |
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SECTION 9. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.5995 to read as follows: |
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Sec. 24.5995. 506TH JUDICIAL DISTRICT (GRIMES AND WALLER |
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COUNTIES). The 506th Judicial District is composed of Grimes and |
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Waller Counties. |
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(b) Section 24.109, Government Code, is amended to read as |
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follows: |
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Sec. 24.109. 9TH JUDICIAL DISTRICT (MONTGOMERY COUNTY [AND
|
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WALLER COUNTIES]). (a) The 9th Judicial District is composed of |
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Montgomery County [and Waller counties]. |
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(b) [The 9th and 155th district courts have concurrent
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jurisdiction in Waller County.
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[(c)] The terms of the 9th District Court begin[:
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[(1) in Montgomery County] on the first Monday in |
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January and the first Monday in July[; and
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[(2)
in Waller County on the first Monday in January
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and the first Monday in July]. |
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(c) The local administrative district judge shall transfer |
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all cases from Waller County that are pending in the 9th District |
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Court to the 506th District Court on the date the 506th District |
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Court is created. |
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(d) When a case is transferred as provided by Subsection (c) |
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of this section, all processes, writs, bonds, recognizances, or |
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other obligations issued from the 9th District Court are returnable |
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to the 506th District Court as if originally issued by that court. |
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The obligees on all bonds and recognizances taken in and for the 9th |
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District Court and all witnesses summoned to appear in the 9th |
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District Court are required to appear before the 506th District |
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Court as if originally required to appear before that court. |
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(e) The 506th Judicial District is created on the effective |
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date of this section. |
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(f) Effective September 1, 2008, Section 24.455, Government |
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Code, is amended to read as follows: |
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Sec. 24.455. 278TH JUDICIAL DISTRICT ([GRIMES,] LEON, |
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MADISON, AND WALKER COUNTIES). The 278th Judicial District is |
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composed of [Grimes,] Leon, Madison, and Walker counties. |
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(g) The local administrative district judge shall transfer |
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all cases from Grimes County that are pending in the 278th District |
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Court on September 1, 2008, to the 506th District Court. |
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(h) When a case is transferred as provided by Subsection (g) |
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of this section, all processes, writs, bonds, recognizances, or |
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other obligations issued from the 278th District Court are |
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returnable to the 506th District Court as if originally issued by |
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that court. The obligees on all bonds and recognizances taken in |
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and for the 278th District Court and all witnesses summoned to |
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appear in the 278th District Court are required to appear before the |
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506th District Court as if originally required to appear before |
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that court. |
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(i) Subsection (e), Section 43.1745, Government Code, is |
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amended to read as follows: |
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(e) The district attorney must be at least 30 years of age, |
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must have been a practicing attorney in this state for at least five |
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years, and must have been a resident of Grimes County for at least |
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the time required under Section 141.001, Election Code [three years
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immediately preceding election or appointment]. |
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(j) Effective September 1, 2008, Section 43.1745, |
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Government Code, is redesignated as Section 43.183, Government |
|
Code, and amended to read as follows: |
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Sec. 43.183 [43.1745]. 506TH [278TH] JUDICIAL DISTRICT. |
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(a) The voters of Grimes County elect a district attorney for the |
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506th [278th] Judicial District who represents the state only in |
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that county. |
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(b) The district attorney shall attend each term and session |
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of the district courts and all other courts, except municipal |
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courts, in Grimes County and, unless otherwise provided by law, |
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shall exclusively represent the state in all criminal matters in |
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those courts. |
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(c) The district attorney has no power, duty, or privilege |
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relating to family law and juvenile matters, including matters |
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involving children's protective services, protective orders under |
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Chapter 71, Family Code, orders under Chapter 159, Family Code, |
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proceedings under Title 3, Family Code, civil commitment matters |
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under Subtitle C, Title 7, Health and Safety Code, or a quo warranto |
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or removal case, except, that if the county attorney fails or |
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refuses to act in a quo warranto or removal case, the district |
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attorney has the power, duty, and privilege to bring a removal of |
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quo warranto action. |
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(d) The district attorney has no power, duty, or privilege |
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in any civil matter pending before any court. |
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(e) The district attorney must be at least 30 years of age, |
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must have been a practicing attorney in this state for at least five |
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years, and must have been a resident of Grimes County for at least |
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the time required under Section 141.001, Election Code [three years
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immediately preceding election or appointment]. |
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(f) The district attorney may not engage in the private |
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practice of law. |
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(g) The district attorney may, for the purpose of conducting |
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the affairs of the office, appoint assistant district attorneys, |
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investigators, and other necessary staff. The salaries of the |
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members of the staff of the district attorney's office shall be paid |
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from the officer's salary fund of the county with the approval of |
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the commissioners court. |
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(k) The person serving as district attorney for the 278th |
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Judicial District on September 1, 2008, unless otherwise removed |
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from office, continues to serve in that office as redesignated as |
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the district attorney for the 506th Judicial District for the term |
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to which elected or appointed. |
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(l) Subsection (d), Section 24.254, Government Code, is |
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repealed. |
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SECTION 10. (a) Subchapter D, Chapter 24, Government Code, |
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is amended by adding Section 24.640 to read as follows: |
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Sec. 24.640. 444TH JUDICIAL DISTRICT (CAMERON COUNTY). The |
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444th Judicial District is composed of Cameron County. |
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(b) The 444th Judicial District is created on the effective |
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date of this section. |
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SECTION 11. (a) Subchapter E, Chapter 24, Government Code, |
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is amended by adding Section 24.908 to read as follows: |
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Sec. 24.908. EL PASO COUNTY CRIMINAL JUDICIAL DISTRICT NO. |
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1. (a) The El Paso County Criminal Judicial District No. 1 is |
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composed of El Paso County. |
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(b) The El Paso County Criminal District Court No. 1 shall |
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give primary preference to felony drug cases and associated civil |
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cases emanating from those felony drug cases. The criminal |
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district court shall give secondary preference to other criminal |
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cases and associated civil cases emanating from those criminal |
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cases. |
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(c) The terms of the El Paso County Criminal District Court |
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No. 1 begin on the third Mondays in April and September and the |
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first Mondays in January, July, and November. |
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(d) The El Paso County Criminal District Court No. 1 shall |
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have a seal similar to the seal of a district court with "El Paso |
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County Criminal District Court No. 1" engraved on the seal. |
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(b) The El Paso County Criminal Judicial District No. 1 is |
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created on the effective date of this section. |
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SECTION 12. Section 43.119, Government Code, is amended to |
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read as follows: |
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Sec. 43.119. 33RD JUDICIAL DISTRICT. The voters of Blanco, |
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Burnet, Llano, and San Saba Counties [the 33rd Judicial District] |
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elect a district attorney for the 33rd and 424th Judicial |
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Districts. |
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SECTION 13. (a) Section 43.120, Government Code, is |
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amended by amending Subsections (d) and (f) and adding Subsections |
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(d-1), (d-2), and (g) to read as follows: |
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(d) The commissioners courts of Culberson and Hudspeth |
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Counties [counties] shall each pay to El Paso County the budgeted |
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prosecution costs, which may not exceed a total of $90,000 for |
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Culberson and Hudspeth Counties per fiscal year [$100 a month to be
|
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expended, on sworn claims of the district attorney approved by the
|
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Commissioners Court of El Paso County], for the preparation and |
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conduct of criminal affairs of the district attorney's office, |
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including compensation for assistants and other employees of the |
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district attorney, applicable to their respective county. Each |
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year the district attorney's office shall: |
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(1) prepare a budget and financial statement for the |
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upcoming fiscal year; and |
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(2) file the budget and financial statement with the |
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commissioners courts of Hudspeth and Culberson Counties. |
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(d-1) The budget and financial statement required by |
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Subsection (d) must contain: |
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(1) the budgeted prosecution costs for Culberson and |
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Hudspeth Counties, with the costs for each county listed |
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separately; and |
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(2) any additional information considered appropriate |
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by the district attorney or required by the commissioners court of |
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Culberson or Hudspeth County. |
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(d-2) Hudspeth and Culberson Counties shall remit |
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one-fourth of the budgeted prosecution costs applicable to the |
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respective county to El Paso County not later than the last day of |
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each fiscal quarter. |
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(f) El Paso County is responsible for managing the funds |
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expended by the district attorney for the preparation and conduct |
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of criminal affairs of the district attorney's office, including |
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funds to compensate assistants and other employees of the district |
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attorney. Hudspeth and Culberson Counties shall remit one-fourth |
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of the budgeted funds to El Paso County not later than the last day |
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of each fiscal quarter [The assistants and other employees of the
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district attorney are compensated by the Commissioners Court of El
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Paso County]. The Commissioners Court of El Paso County must |
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approve the number of assistants and other employees appointed by |
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the district attorney and the amount of compensation of those |
|
employees. |
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(g) Nothing in this section prevents El Paso County from |
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entering into an interlocal agreement with Culberson or Hudspeth |
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County in lieu of budgeting costs as provided by this section or |
|
Section 140.003, Local Government Code. An interlocal agreement |
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under this subsection may not exceed $90,000 per fiscal year. |
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(b) This section takes effect October 1, 2007. |
|
SECTION 14. Section 43.148, Government Code, is amended to |
|
read as follows: |
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Sec. 43.148. 105TH JUDICIAL DISTRICT. (a) The voters of |
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Nueces County [the 105th Judicial District] elect a district |
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attorney for the 105th Judicial District who[. The district
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attorney] has the same powers and duties as other district |
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attorneys and serves all the district, county, and justice courts |
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of Nueces County [and the district courts of Kleberg and Kenedy
|
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counties]. |
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(b) The district attorney shall attend each term and session |
|
of the district, county, and justice courts of Nueces County [and
|
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the district courts of Kleberg and Kenedy counties] and shall |
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represent the state in criminal cases pending in those courts. The |
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district attorney has control of any case heard on petition of writ |
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of habeas corpus before any district or inferior court in the |
|
district. |
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(c) The commissioners court [courts] of Nueces County [the
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counties comprising the district] may supplement the state salary |
|
of the district attorney. The amount of the supplement may not |
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exceed $12,000 a year. [The supplemental salary must be paid
|
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proportionately by the commissioners court of each county according
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to the population of the county.] The supplemental salary may be |
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paid from the officers' salary fund of the [a] county. If that fund |
|
is inadequate, the commissioners court may transfer the necessary |
|
funds from the general fund of the county. |
|
SECTION 15. Subchapter B, Chapter 43, Government Code, is |
|
amended by adding Section 43.182 to read as follows: |
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Sec. 43.182. DISTRICT ATTORNEY FOR KLEBERG AND KENEDY |
|
COUNTIES. (a) The voters of Kleberg and Kenedy Counties elect a |
|
district attorney. The district attorney has the same powers and |
|
duties as other district attorneys and serves the district courts |
|
of Kleberg and Kenedy Counties. |
|
(b) The district attorney shall attend each term and session |
|
of the district courts of Kleberg and Kenedy Counties and shall |
|
represent the state in criminal cases pending in those courts. The |
|
district attorney has control of any case heard on petition of writ |
|
of habeas corpus before any district or inferior court in the |
|
district. |
|
(c) The commissioners courts of the counties comprising the |
|
district may supplement the state salary of the district attorney. |
|
The amount of the supplement may not exceed $12,000 a year. The |
|
supplemental salary must be paid proportionately by the |
|
commissioners court of each county according to the population of |
|
the county. The supplemental salary may be paid from the officers' |
|
salary fund of a county. If that fund is inadequate, the |
|
commissioners court may transfer the necessary funds from the |
|
general fund of the county. |
|
SECTION 16. Section 46.002, Government Code, is amended to |
|
read as follows: |
|
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
|
applies to all county prosecutors and to the following state |
|
prosecutors: |
|
(1) the district attorneys for Kenedy and Kleberg |
|
Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, |
|
25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, |
|
39th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, |
|
66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, |
|
100th, 105th, 106th, 110th, 112th, 118th, 119th, 123rd, 142nd, |
|
145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, |
|
235th, 253rd, 258th, 259th, 266th, 268th, 271st, 278th, 286th, |
|
329th, 349th, and 355th judicial districts; |
|
(2) the criminal district attorneys for the counties |
|
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
|
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
|
Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper, |
|
Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, |
|
Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, |
|
Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, |
|
Wichita, Wood, and Yoakum; and |
|
(3) the county attorneys performing the duties of |
|
district attorneys in the counties of Andrews, Callahan, Cameron, |
|
Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Lamar, |
|
Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, |
|
Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, and |
|
Willacy. |
|
SECTION 17. Effective September 1, 2008, Section 46.002, |
|
Government Code, is amended to read as follows: |
|
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
|
applies to all county prosecutors and to the following state |
|
prosecutors: |
|
(1) the district attorneys for Kenedy and Kleberg |
|
Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, |
|
25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, |
|
39th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, |
|
66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, |
|
100th, 105th, 106th, 110th, 112th, 118th, 119th, 123rd, 142nd, |
|
145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, |
|
235th, 253rd, 258th, 259th, 266th, 268th, 271st, [278th,] 286th, |
|
329th, 349th, [and] 355th, and 506th judicial districts; |
|
(2) the criminal district attorneys for the counties |
|
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
|
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
|
Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper, |
|
Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, |
|
Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, |
|
Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, |
|
Wichita, Wood, and Yoakum; and |
|
(3) the county attorneys performing the duties of |
|
district attorneys in the counties of Andrews, Callahan, Cameron, |
|
Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Lamar, |
|
Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, |
|
Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, and |
|
Willacy. |
|
SECTION 18. Effective January 1, 2009, Section 46.002, |
|
Government Code, is amended to read as follows: |
|
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
|
applies to all county prosecutors and to the following state |
|
prosecutors: |
|
(1) the district attorneys for Kenedy and Kleberg |
|
Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, |
|
25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, |
|
39th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, |
|
66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, |
|
100th, 105th, 106th, 110th, 112th, 118th, 119th, 123rd, 142nd, |
|
145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, |
|
235th, 253rd, 258th, 259th, 266th, 268th, 271st, [278th,] 286th, |
|
329th, 344th, 349th, [and] 355th, and 506th judicial districts; |
|
(2) the criminal district attorneys for the counties |
|
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
|
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
|
Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper, |
|
Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, |
|
Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, |
|
Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, |
|
Wichita, Wood, and Yoakum; and |
|
(3) the county attorneys performing the duties of |
|
district attorneys in the counties of Andrews, Callahan, Cameron, |
|
Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Lamar, |
|
Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, |
|
Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, and |
|
Willacy. |
|
SECTION 19. (a) Subchapter H, Chapter 51, Government Code, |
|
is amended by adding Section 51.707 to read as follows: |
|
Sec. 51.707. ADDITIONAL FILING FEE FOR CIVIL CASES IN HAYS |
|
COUNTY. (a) This section applies only to district courts, probate |
|
courts, county courts at law, and justice courts in Hays County. |
|
(b) Except as otherwise provided by this section and in |
|
addition to all other fees authorized or required by other law, the |
|
clerk of a court shall collect a filing fee of not more than $15 in |
|
each civil case filed in the court to be used for the construction, |
|
renovation, or improvement of the facilities that house the Hays |
|
County civil courts. |
|
(c) Court fees due under this section shall be collected in |
|
the same manner as other fees, fines, or costs are collected in the |
|
case. |
|
(d) The clerk shall send the fees collected under this |
|
section to the county treasurer or to any other official who |
|
discharges the duties commonly assigned to the county treasurer at |
|
least as frequently as monthly. The treasurer or other official |
|
shall deposit the fees in a special account in the county treasury |
|
dedicated to the construction, renovation, or improvement of the |
|
facilities that house the courts collecting the fee. |
|
(e) This section applies only to fees for a 12-month period |
|
beginning July 1, if the commissioners court: |
|
(1) adopts a resolution authorizing a fee of not more |
|
than $15; |
|
(2) adopts a resolution requiring the county to spend |
|
one dollar for the construction, renovation, or improvement of the |
|
court facilities for each dollar spent from the special account |
|
dedicated to that purpose; and |
|
(3) files the resolutions with the county treasurer or |
|
with any other official who discharges the duties commonly assigned |
|
to the county treasurer not later than June 1 immediately preceding |
|
the first 12-month period during which the fees are to be collected. |
|
(f) A resolution adopted under Subsection (e) continues |
|
from year to year until July 1, 2022, allowing the county to collect |
|
fees under the terms of this section until the resolution is |
|
rescinded. |
|
(g) The commissioners court may rescind a resolution |
|
adopted under Subsection (e) by adopting a resolution rescinding |
|
the resolution and submitting the rescission resolution to the |
|
county treasurer or to any other official who discharges the duties |
|
commonly assigned to the county treasurer not later than June 1 |
|
preceding the beginning of the first day of the county fiscal year. |
|
The commissioners court may adopt an additional resolution in the |
|
manner provided by Subsection (e) after rescinding a previous |
|
resolution under that subsection. |
|
(h) A fee established under a particular resolution is |
|
abolished on the earlier of: |
|
(1) the date a resolution adopted under Subsection (e) |
|
is rescinded as provided by Subsection (g); or |
|
(2) July 1, 2022. |
|
(i) The county may make the required expenditure described |
|
by Subsection (e)(2) at any time, regardless of when the |
|
expenditure from the special account occurs. |
|
(b) Section 101.061, Government Code, is amended to read as |
|
follows: |
|
Sec. 101.061. DISTRICT COURT FEES AND COSTS. The clerk of a |
|
district court shall collect fees and costs as follows: |
|
(1) filing fee in action with respect to a fraudulent |
|
court record or fraudulent lien or claim filed against property |
|
(Sec. 12.005, Civil Practice and Remedies Code) . . . $15; |
|
(2) fee for service of notice of action with respect to |
|
a fraudulent court record or fraudulent lien or claim filed against |
|
property (Sec. 12.005, Civil Practice and Remedies Code) . . . not |
|
to exceed $20, if notice delivered in person, or the cost of |
|
postage, if service is by registered or certified mail; |
|
(3) court cost in certain civil cases to establish and |
|
maintain an alternative dispute resolution system, if authorized by |
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
Remedies Code) . . . not to exceed $10; |
|
(4) appellate judicial system filing fees for: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . not more than $5; |
|
(C) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(D) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; and |
|
(E) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(5) additional filing fees: |
|
(A) for each suit filed for insurance contingency |
|
fund, if authorized by the county commissioners court (Sec. 51.302, |
|
Government Code) . . . not to exceed $5; |
|
(B) for each civil suit filed, for court-related |
|
purposes for the support of the judiciary and for civil legal |
|
services to an indigent: |
|
(i) for family law cases and proceedings as |
|
defined by Section 25.0002, Government Code (Sec. 133.151, Local |
|
Government Code) . . . $45; or |
|
(ii) for any case other than a case |
|
described by Subparagraph (i) (Sec. 133.151, Local Government Code) |
|
. . . $50; |
|
(C) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; [and] |
|
(D) on the filing of any civil action or |
|
proceeding requiring a filing fee, including an appeal, and on the |
|
filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent: |
|
(i) for family law cases and proceedings as |
|
defined by Section 25.0002, Government Code (Sec. 133.152, Local |
|
Government Code) . . . $5; or |
|
(ii) for any case other than a case |
|
described by Subparagraph (i) (Sec. 133.152, Local Government Code) |
|
. . . $10; and |
|
(E) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(6) for filing a suit, including an appeal from an |
|
inferior court: |
|
(A) for a suit with 10 or fewer plaintiffs (Sec. |
|
51.317, Government Code) . . . $50; |
|
(B) for a suit with at least 11 but not more than |
|
25 plaintiffs (Sec. 51.317, Government Code) . . . $75; |
|
(C) for a suit with at least 26 but not more than |
|
100 plaintiffs (Sec. 51.317, Government Code) . . . $100; |
|
(D) for a suit with at least 101 but not more than |
|
500 plaintiffs (Sec. 51.317, Government Code) . . . $125; |
|
(E) for a suit with at least 501 but not more than |
|
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or |
|
(F) for a suit with more than 1,000 plaintiffs |
|
(Sec. 51.317, Government Code) . . . $200; |
|
(7) for filing a cross-action, counterclaim, |
|
intervention, contempt action, motion for new trial, or third-party |
|
petition (Sec. 51.317, Government Code) . . . $15; |
|
(8) for issuing a citation or other writ or process not |
|
otherwise provided for, including one copy, when requested at the |
|
time a suit or action is filed (Sec. 51.317, Government Code) . . . |
|
$8; |
|
(9) for records management and preservation (Sec. |
|
51.317, Government Code) . . . $10; |
|
(10) for issuing a subpoena, including one copy (Sec. |
|
51.318, Government Code) . . . $8; |
|
(11) for issuing a citation, commission for |
|
deposition, writ of execution, order of sale, writ of execution and |
|
order of sale, writ of injunction, writ of garnishment, writ of |
|
attachment, or writ of sequestration not provided for in Section |
|
51.317, or any other writ or process not otherwise provided for, |
|
including one copy if required by law (Sec. 51.318, Government |
|
Code) . . . $8; |
|
(12) for searching files or records to locate a cause |
|
when the docket number is not provided (Sec. 51.318, Government |
|
Code) . . . $5; |
|
(13) for searching files or records to ascertain the |
|
existence of an instrument or record in the district clerk's office |
|
(Sec. 51.318, Government Code) . . . $5; |
|
(14) for abstracting a judgment (Sec. 51.318, |
|
Government Code) . . . $8; |
|
(15) for approving a bond (Sec. 51.318, Government |
|
Code) . . . $4; |
|
(16) for a certified copy of a record, judgment, |
|
order, pleading, or paper on file or of record in the district |
|
clerk's office, including certificate and seal, for each page or |
|
part of a page (Sec. 51.318, Government Code) . . . $1; |
|
(17) for a noncertified copy, for each page or part of |
|
a page (Sec. 51.318, Government Code) . . . not to exceed $1; |
|
(18) jury fee (Sec. 51.604, Government Code) . . . |
|
$30; |
|
(19) for filing a report of divorce or annulment (Sec. |
|
194.002, Health and Safety Code) . . . $1; |
|
(20) for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $4; |
|
(21) additional filing fee for family protection on |
|
filing a suit for dissolution of a marriage under Chapter 6, Family |
|
Code, if authorized by the county commissioners court (Sec. 51.961, |
|
Government Code) . . . not to exceed $30; |
|
(22) fee on filing a suit for dissolution of a marriage |
|
for services of child support department in Harris County, if |
|
authorized by the county commissioners court (Sec. 152.1074, Human |
|
Resources Code) . . . not to exceed $12; |
|
(22-a) a child support service fee in Nueces County if |
|
ordered by the commissioners court and assessed by the court (Sec. |
|
152.1844, Human Resources Code) . . . not to exceed $5 a month |
|
payable annually in advance; |
|
(22-b) a service fee to be paid by a person ordered by |
|
a district court to pay child or spousal support: |
|
(A) in Collin County if authorized by the |
|
juvenile board (Sec. 152.0492, Human Resources Code) . . . not to |
|
exceed $2.50 added to first support payment each month; |
|
(B) in Johnson County if authorized by the |
|
juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00 |
|
added to first support payment each month; and |
|
(C) in Montague County (Sec. 152.1752, Human |
|
Resources Code) . . . $1 if fee is ordered to be paid monthly, 50 |
|
cents if fee is ordered to be paid semimonthly or weekly; |
|
(22-c) attorney's fees as an additional cost in |
|
Montague County on a finding of contempt of court for failure to pay |
|
child or spousal support if the contempt action is initiated by the |
|
probation department (Sec. 152.1752, Human Resources Code) . . . |
|
$15; |
|
(23) fee on filing a suit requesting an adoption in |
|
Montague County (Sec. 152.1752, Human Resources Code) . . . $25; |
|
(24) court cost on citation for contempt of court for |
|
failure to comply with child support order in Nueces County, if |
|
authorized by the commissioners court (Sec. 152.1844, Human |
|
Resources Code) . . . not to exceed $10; |
|
(25) fee on filing a suit for divorce in Orange County |
|
(Sec. 152.1873, Human Resources Code) . . . not less than $5; |
|
(26) court costs on citation for contempt of court in |
|
Orange County for failure to comply with a child support order or |
|
order providing for possession of or access to a child (Sec. |
|
152.1873, Human Resources Code) . . . amount determined by district |
|
clerk; |
|
(27) fee on filing a suit requesting an adoption in |
|
Orange County (Sec. 152.1874, Human Resources Code) . . . not less |
|
than $25; |
|
(28) fee on filing a suit requesting an adoption in |
|
Wichita County (Sec. 152.2496, Human Resources Code) . . . $100; |
|
(29) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(30) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(31) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; |
|
(32) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(33) when administering a case for the Rockwall County |
|
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and |
|
court costs as if the case had been filed in district court; |
|
(34) at a hearing held by an associate judge in Dallas |
|
County, a court cost to preserve the record, in the absence of a |
|
court reporter, by other means (Sec. 54.509, Government Code) . . . |
|
as assessed by the referring court or associate judge; |
|
(35) at a hearing held by an associate judge in Duval |
|
County, a court cost to preserve the record (Sec. 54.1151, |
|
Government Code, as added by Chapter 1150, Acts of the 78th |
|
Legislature, Regular Session, 2003) . . . as imposed by the |
|
referring court or associate judge; |
|
(36) court fees and costs, if ordered by the court, for |
|
a suit filed by an inmate in which an affidavit or unsworn |
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
(A) 20 percent of the preceding six months' |
|
deposits to the inmate's trust account administered by the Texas |
|
Department of Criminal Justice under Section 501.014, Government |
|
Code; or |
|
(B) the total amount of court fees and costs; |
|
(37) monthly payment for remaining court fees and |
|
costs after the initial payment for a suit in which an affidavit or |
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
of: |
|
(A) 10 percent of that month's deposit to the |
|
inmate's trust account administered by the Texas Department of |
|
Criminal Justice under Section 501.014, Government Code; or |
|
(B) the total amount of court fees and costs that |
|
remain unpaid; |
|
(38) the following costs not otherwise charged to the |
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
the inmate has previously filed an action dismissed as malicious or |
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
(A) expenses of service of process; |
|
(B) postage; and |
|
(C) transportation, housing, or medical care |
|
incurred in connection with the appearance of the inmate in the |
|
court for any proceeding; |
|
(39) fee for performing a service: |
|
(A) related to the matter of the estate of a |
|
deceased person (Sec. 51.319, Government Code) . . . the same fee |
|
allowed the county clerk for those services; |
|
(B) related to the matter of a minor (Sec. |
|
51.319, Government Code) . . . the same fee allowed the county |
|
clerk for the service; |
|
(C) of serving process by certified or registered |
|
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or |
|
constable is authorized to charge for the service under Section |
|
118.131, Local Government Code; and |
|
(D) prescribed or authorized by law but for which |
|
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; |
|
(40) court costs, which may include expert witness |
|
fees in Travis County in an action in which the plaintiff prevails |
|
against an insurer for economic damages sustained by the plaintiff |
|
as a result of unfair discrimination (Sec. 544.054, Insurance Code) |
|
. . . court costs and reasonable and necessary expert witness fees; |
|
(41) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
proceeding; |
|
(42) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 622, Texas Probate Code) |
|
. . . probable cost of the guardianship proceeding; and |
|
(43) fee for filing an additional petition for review |
|
of an appraisal review board order relating to certain regulated |
|
property running through or operating in more than one county after |
|
the first petition for review relating to the same property is filed |
|
for a tax year (Sec. 42.221, Tax Code) . . . $5. |
|
(c) Section 101.081, Government Code, is amended to read as |
|
follows: |
|
Sec. 101.081. STATUTORY COUNTY COURT FEES AND COSTS. The |
|
clerk of a statutory county court shall collect fees and costs as |
|
follows: |
|
(1) court cost in certain civil cases to establish and |
|
maintain an alternative dispute resolution system, if authorized by |
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
Remedies Code) . . . not to exceed $10; |
|
(2) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . not more than $5; |
|
(C) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(D) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; and |
|
(E) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(3) an official court reporter fee, County Court at |
|
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; |
|
(4) a court reporter fee when testimony is taken in a |
|
county court at law in McLennan County (Sec. 25.1572, Government |
|
Code) . . . $3; |
|
(5) a stenographer fee, if a record or part of a record |
|
is made: |
|
(A) in a county court at law in Hidalgo County |
|
(Sec. 25.1102, Government Code) . . . $20; and |
|
(B) in a county court at law in Nolan County (Sec. |
|
25.1792, Government Code) . . . $25; |
|
(6) jury fee (Sec. 51.604, Government Code) . . . $22; |
|
(7) an additional filing fee: |
|
(A) for each civil case filed to be used for |
|
court-related purposes for the support of the judiciary, if |
|
authorized by the county commissioners court (Sec. 51.702, |
|
Government Code) . . . $40; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; [and] |
|
(C) for filing any civil action or proceeding |
|
requiring a filing fee, including an appeal, and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee, to fund civil legal |
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
. . . $5; and |
|
(D) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(8) for filing an application for registration of |
|
death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
(9) fee for judge's services on an application for |
|
court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(10) fee for prosecutor's services on an application |
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(11) for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $4; |
|
(12) additional filing fee to fund contingency fund |
|
for liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(13) civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(14) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
after the 120th day after the date of the initial filing of the |
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(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; |
|
(15) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(16) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(17) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(18) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; |
|
(19) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(20) fee for deposit of a will with the county clerk |
|
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; |
|
(21) court cost for each special commissioner in an |
|
eminent domain proceeding (Sec. 21.047, Property Code) . . . as |
|
taxed by the court, $10 or more; |
|
(22) fee for county attorney in a suit regarding a |
|
railroad company's failure to keep roadbed and right-of-way in |
|
proper condition (Art. 6327, Vernon's Texas Civil Statutes) . . . |
|
$10; |
|
(23) court fees and costs, if ordered by the court, for |
|
a suit filed by an inmate in which an affidavit or unsworn |
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
(A) 20 percent of the preceding six months' |
|
deposits to the inmate's trust account administered by the Texas |
|
Department of Criminal Justice under Section 501.014, Government |
|
Code; or |
|
(B) the total amount of court fees and costs; |
|
(24) monthly payment for remaining court fees and |
|
costs after the initial payment for a suit in which an affidavit or |
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
of: |
|
(A) 10 percent of that month's deposit to the |
|
inmate's trust account administered by the Texas Department of |
|
Criminal Justice under Section 501.014, Government Code; or |
|
(B) the total amount of court fees and costs that |
|
remain unpaid; |
|
(25) the following costs not otherwise charged to the |
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
the inmate has previously filed an action dismissed as malicious or |
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
(A) expenses of service of process; |
|
(B) postage; and |
|
(C) transportation, housing, or medical care |
|
incurred in connection with the appearance of the inmate in the |
|
court for any proceeding; |
|
(26) the official court reporter's fee taxed as costs |
|
in civil actions in a statutory county court: |
|
(A) in Bexar County Courts at Law: |
|
(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 |
|
(Sec. 25.0172, Government Code) . . . taxed in the same manner as |
|
the fee is taxed in district court; and |
|
(ii) No. 2 (Sec. 25.0172, Government Code) |
|
. . . $3; |
|
(B) in Galveston County (Sec. 25.0862, |
|
Government Code) . . . taxed in the same manner as the fee is taxed |
|
in civil cases in the district courts; and |
|
(C) in Parker County (Sec. 25.1862, Government |
|
Code) . . . taxed in the same manner as the fee is taxed in civil |
|
cases in the district courts; |
|
(27) a stenographer's fee as costs in each civil, |
|
criminal, and probate case in which a record is made by the official |
|
court reporter in a statutory county court in Nolan County (Sec. |
|
25.1792, Government Code) . . . $25; |
|
(28) in Brazoria County, in matters of concurrent |
|
jurisdiction with the district court, fees (Sec. 25.0222, |
|
Government Code) . . . as prescribed by law for district judges |
|
according to the nature of the matter; |
|
(29) in Nueces County, in matters of concurrent |
|
jurisdiction with the district court, with certain exceptions, fees |
|
(Sec. 25.1802, Government Code) . . . equal to those in district |
|
court cases; |
|
(30) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
proceeding; |
|
(31) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 622, Texas Probate Code) |
|
. . . probable cost of the guardianship proceeding; |
|
(32) for a hearing or proceeding under the Texas |
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
costs (Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
reasonable compensation to the following persons appointed under |
|
the Texas Mental Health Code: |
|
(A) attorneys; |
|
(B) physicians; |
|
(C) language interpreters; |
|
(D) sign interpreters; and |
|
(E) masters; |
|
(33) for a hearing or proceeding under the Texas |
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as |
|
costs (Sec. 571.018, Health and Safety Code): |
|
(A) attorney's fees; |
|
(B) physician examination fees; |
|
(C) expense of transportation to a mental health |
|
facility or to a federal agency not to exceed $50 if transporting |
|
within the same county and not to exceed the reasonable cost of |
|
transportation if transporting between counties; |
|
(D) costs and salary supplements authorized |
|
under Section 574.031, Health and Safety Code; and |
|
(E) prosecutors' fees authorized under Section |
|
574.031, Health and Safety Code; |
|
(34) expenses of transporting certain patients from |
|
the county of treatment to a hearing in the county in which the |
|
proceedings originated (Sec. 574.008, Health and Safety Code) . . . |
|
actual expenses unless certain arrangements are made to hold the |
|
hearing in the county in which the patient is receiving services; |
|
(35) expenses for expert witness testimony for an |
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
authorized by the court as reimbursement to the attorney ad litem, |
|
court-approved expenses; |
|
(36) fee for judge's services for holding a hearing on |
|
an application for court-ordered mental health services (Sec. |
|
574.031, Health and Safety Code) . . . as assessed by the judge, not |
|
to exceed $50; |
|
(37) expenses to reimburse judge for holding a hearing |
|
in a hospital or location other than the county courthouse (Sec. |
|
574.031, Health and Safety Code) . . . reasonable and necessary |
|
expenses as certified; |
|
(38) fee for services of a prosecuting attorney, |
|
including costs incurred for preparation of documents related to a |
|
hearing on an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50; and |
|
(39) a fee not otherwise listed in this section that is |
|
required to be collected under Section 25.0008, Government Code |
|
(Sec. 25.0008, Government Code), in a county other than Brazos, |
|
Cameron, Ellis, Guadalupe, Harris, Henderson, Liberty, Moore, |
|
Nolan, Panola, Parker, Starr, Victoria, and Williamson . . . as |
|
prescribed by law relating to county judges' fees. |
|
(d) Section 101.101, Government Code, is amended to read as |
|
follows: |
|
Sec. 101.101. STATUTORY PROBATE COURT FEES AND COSTS. The |
|
clerk of a statutory probate court shall collect fees and costs as |
|
follows: |
|
(1) court cost in certain civil cases to establish and |
|
maintain an alternative dispute resolution system, if authorized by |
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
Remedies Code) . . . not to exceed $10; |
|
(2) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . not more than $5; |
|
(C) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(D) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; and |
|
(E) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(3) additional filing fees as follows: |
|
(A) for certain cases to be used for |
|
court-related purposes for support of the judiciary, if authorized |
|
by the county commissioners court (Sec. 51.704, Government Code) |
|
. . . $40; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; [and] |
|
(C) for filing any civil action or proceeding |
|
requiring a filing fee, including an appeal, and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee to fund civil legal |
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
. . . $5; and |
|
(D) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(4) for filing an application for registration of |
|
death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
(5) fee for judge's services on an application for |
|
court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(6) fee for prosecutor's services on an application |
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(7) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(8) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
after the 120th day after the date of the initial filing of the |
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(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; |
|
(9) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; |
|
(10) fee for deposit of a will with the county clerk |
|
during testator's lifetime (Sec. 71, Texas Probate Code) . . . $3; |
|
(11) court costs for each special commissioner in an |
|
eminent domain proceeding (Sec. 21.047, Property Code) . . . as |
|
taxed by the court, $10 or more; |
|
(12) jury fee for civil case (Sec. 51.604, Government |
|
Code) . . . $22; |
|
(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. |
|
(e) Subsection (a), Section 101.141, Government Code, is |
|
amended to read as follows: |
|
(a) A clerk of a justice court shall collect fees and costs |
|
as follows: |
|
(1) additional court cost in certain civil cases to |
|
establish and maintain an alternative dispute resolution system, if |
|
authorized by the commissioners court of a county with a population |
|
of at least 2.5 million (Sec. 152.005, Civil Practice and Remedies |
|
Code) . . . not to exceed $3; |
|
(2) additional filing fees: |
|
(A) to fund Dallas County civil court facilities |
|
(Sec. 51.705, Government Code) . . . not more than $15; [and] |
|
(B) for filing any civil action or proceeding |
|
requiring a filing fee, including an appeal, and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee, to fund civil legal |
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
. . . $2; and |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(3) for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $1.50; |
|
(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. |
|
SECTION 20. (a) Section 53.001, Government Code, is |
|
amended by adding Subsection (j) to read as follows: |
|
(j) The judge of the 115th District Court shall appoint a |
|
bailiff to serve the court only in Upshur County. |
|
(b) Section 53.004, Government Code, is amended by adding |
|
Subsection (g) to read as follows: |
|
(g) A bailiff appointed by the judge of the 115th District |
|
Court to serve the court in Upshur County must be: |
|
(1) a resident of that county; and |
|
(2) at least 18 years of age. |
|
(c) Subsections (a) and (b), Section 53.007, Government |
|
Code, are amended to read as follows: |
|
(a) This section applies to: |
|
(1) the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd, |
|
161st, 238th, 318th, 341st, 355th, and 385th district courts; |
|
(2) the County Court of Harrison County; |
|
(3) the criminal district courts of Tarrant County; |
|
(4) the district courts in Taylor County; |
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(5) the courts described in Section 53.002(c), (d), |
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(e), or (f); |
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(6) the county courts at law of Taylor County; [and] |
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(7) the district courts in Tarrant County that give |
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preference to criminal cases; and |
|
(8) the 115th District Court in Upshur County. |
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(b) On the request of the judge of a court to which this |
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section applies other than the 115th District Court, the sheriff of |
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each county in which the court sits shall deputize the bailiff or |
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grand jury bailiff appointed under this subchapter of that court, |
|
in addition to other deputies authorized by law. On the request of |
|
the judge of the 115th District Court, the sheriff of Upshur County |
|
shall deputize the bailiff appointed by that judge under Section |
|
53.001(j), in addition to other deputies authorized by law. |
|
SECTION 21. Section 152.0721, Human Resources Code, is |
|
amended by adding Subsection (f) to read as follows: |
|
(f) The Duval County Juvenile Board and the juvenile boards |
|
of one or more counties that are adjacent to or in close proximity |
|
to Duval County may agree to operate together with respect to all |
|
matters, or with respect to certain matters specified by the |
|
juvenile boards. Juvenile boards operating together may appoint |
|
one fiscal officer to receive and disburse funds for the boards. |
|
SECTION 22. (a) Subchapter D, Chapter 152, Human Resources |
|
Code, is amended by adding Section 152.1301 to read as follows: |
|
Sec. 152.1301. JIM HOGG COUNTY. (a) The Jim Hogg County |
|
Juvenile Board is composed of the county judge, the district judge |
|
in Jim Hogg County, and a citizen of Jim Hogg County appointed by |
|
the county judge and the district judge. The citizen member of the |
|
board serves the same term of office as the district judge in Jim |
|
Hogg County. |
|
(b) The district judge is the chairman of the board and its |
|
chief administrative officer. |
|
(c) The commissioners court may pay the juvenile board |
|
members an annual salary set by the commissioners court at not less |
|
than $1,200 or more than $3,600 for the added duties imposed on the |
|
members. The salary shall be paid in equal monthly installments |
|
from the general fund of the county. |
|
(d) The juvenile board shall appoint not more than five |
|
persons to serve on an advisory council. |
|
(e) The Jim Hogg County Juvenile Board and the juvenile |
|
boards of one or more counties that are adjacent to or in close |
|
proximity to Jim Hogg County may agree to operate together with |
|
respect to all matters, or with respect to certain matters |
|
specified by the juvenile boards. Juvenile boards operating |
|
together may appoint one fiscal officer to receive and disburse |
|
funds for the boards. |
|
(f) Sections 152.0002, 152.0004, 152.0005, 152.0006, |
|
152.0007, and 152.0008 do not apply to the juvenile board. |
|
(b) The Jim Hogg County Juvenile Board is created on the |
|
effective date of this Act. |
|
SECTION 23. Section 152.2201, Human Resources Code, is |
|
amended by amending Subsection (a) and adding Subsection (f) to |
|
read as follows: |
|
(a) The Starr County Juvenile Board is composed of the |
|
county judge, the judge of the county court at law in Starr County, |
|
and the district judges in Starr County. |
|
(f) The Starr County Juvenile Board and the juvenile boards |
|
of one or more counties that are adjacent to or in close proximity |
|
to Starr County may agree to operate together with respect to all |
|
matters, or with respect to certain matters specified by the |
|
juvenile boards. Juvenile boards operating together may appoint |
|
one fiscal officer to receive and disburse funds for the boards. |
|
SECTION 24. Section 54.602, Government Code, is repealed. |
|
SECTION 25. Except as otherwise provided by this Act, this |
|
Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1951 passed the Senate on |
|
May 4, 2007, by the following vote: Yeas 30, Nays 0; |
|
May 25, 2007, Senate refused to concur in House amendments and |
|
requested appointment of Conference Committee; May 26, 2007, House |
|
granted request of the Senate; May 27, 2007, Senate adopted |
|
Conference Committee Report by the following vote: Yeas 30, |
|
Nays 0. |
|
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|
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______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1951 passed the House, with |
|
amendments, on May 23, 2007, by the following vote: Yeas 142, |
|
Nays 2, one present not voting; May 26, 2007, House granted request |
|
of the Senate for appointment of Conference Committee; |
|
May 28, 2007, House adopted Conference Committee Report by the |
|
following vote: Yeas 144, Nays 0, two present not voting. |
|
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______________________________ |
|
Chief Clerk of the House |
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|
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |