|
|
|
|
AN ACT
|
|
relating to filing fees in civil actions and proceedings and the use |
|
of those fees, to costs on conviction in certain courts, to money |
|
paid into the registry of a court in certain counties, and to the |
|
appointment of counsel in certain suits. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
|
Procedure, is amended by adding Article 102.0169 to read as |
|
follows: |
|
Art. 102.0169. COURT COSTS; COUNTY AND DISTRICT COURT |
|
TECHNOLOGY FUND. (a) A defendant convicted of a criminal offense in |
|
a county court, statutory county court, or district court shall pay |
|
a $4 county and district court technology fee as a cost of court. |
|
(b) In this article, a person is considered convicted if: |
|
(1) a sentence is imposed on the person; |
|
(2) the person receives community supervision, |
|
including deferred adjudication; or |
|
(3) the court defers final disposition of the person's |
|
case. |
|
(c) The clerks of the courts described by Subsection (a) |
|
shall collect the costs and pay them to the county treasurer or to |
|
any other official who discharges the duties commonly delegated to |
|
the county treasurer, as appropriate, for deposit in a fund to be |
|
known as the county and district court technology fund. |
|
(d) A fund designated by this article may be used only to |
|
finance: |
|
(1) the cost of continuing education and training for |
|
county court, statutory county court, or district court judges and |
|
clerks regarding technological enhancements for those courts; and |
|
(2) the purchase and maintenance of technological |
|
enhancements for a county court, statutory county court, or |
|
district court, including: |
|
(A) computer systems; |
|
(B) computer networks; |
|
(C) computer hardware; |
|
(D) computer software; |
|
(E) imaging systems; |
|
(F) electronic kiosks; and |
|
(G) docket management systems. |
|
(e) The county and district court technology fund shall be |
|
administered by or under the direction of the commissioners court |
|
of the county. |
|
SECTION 2. Section 117.111, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 117.111. SUBCHAPTER APPLICABLE TO COUNTY WITH |
|
POPULATION OF 1.3 [2.4] MILLION OR MORE. This subchapter applies |
|
only to a county with a population of 1.3 [2.4] million or more. |
|
SECTION 3. The heading to Subchapter E, Chapter 117, Local |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER E. SPECIAL PROVISIONS APPLYING TO FUNDS PAID INTO COURT |
|
REGISTRY IN COUNTY WITH POPULATION OF MORE THAN 1.3 [2.4] MILLION |
|
SECTION 4. Section 133.152(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) In addition to other fees collected under Section |
|
133.151(a) or otherwise authorized or required by law, the clerk of |
|
a district court shall collect the following fees 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: |
|
(1) $5 in family law cases and proceedings as defined |
|
by Section 25.0002, Government Code; and |
|
(2) $10 in any case other than a case described by |
|
Subdivision (1). |
|
SECTION 5. Section 133.153(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) In addition to other fees authorized or required by law, |
|
the clerk of a court other than a district court, the courts of |
|
appeals, or the supreme court shall collect the following fees 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: |
|
(1) $10 [$5] for statutory and constitutional county |
|
courts; and |
|
(2) $6 [$2] for justice of the peace courts. |
|
SECTION 6. Subchapter A, Chapter 25, Government Code, is |
|
amended by adding Section 25.0020 to read as follows: |
|
Sec. 25.0020. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS. |
|
(a) On a written application of any party to an eviction suit, the |
|
county court or county court at law in which an appeal of the suit is |
|
filed may appoint any qualified attorney who is willing to provide |
|
pro bono services in the matter or counsel from a list provided by a |
|
pro bono legal services program of counsel willing to be appointed |
|
to handle appeals under this section to attend to the cause of a |
|
party who: |
|
(1) was in possession of the residence at the time the |
|
eviction suit was filed in the justice court; and |
|
(2) has perfected the appeal on a pauper's affidavit |
|
approved in accordance with Rule 749a, Texas Rules of Civil |
|
Procedure. |
|
(b) The appointed counsel shall represent the individual in |
|
the proceedings of the suit in the county court or county court at |
|
law. At the conclusion of those proceedings, the appointment |
|
terminates. |
|
(c) The court may terminate representation appointed under |
|
this section for cause. |
|
(d) Appointed counsel may not receive attorney's fees |
|
unless the recovery of attorney's fees is provided for by contract, |
|
statute, common law, court rules, or other regulations. The county |
|
is not responsible for payment of attorney's fees to appointed |
|
counsel. |
|
(e) The court shall provide for a method of service of |
|
written notice on the parties to an eviction suit of the right to |
|
request an appointment of counsel on perfection of appeal on |
|
approval of a pauper's affidavit. |
|
SECTION 7. Subchapter A, Chapter 26, Government Code, is |
|
amended by adding Section 26.010 to read as follows: |
|
Sec. 26.010. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS. |
|
(a) On a written application of any party to an eviction suit, the |
|
county court or county court at law in which an appeal of the suit is |
|
filed may appoint any qualified attorney who is willing to provide |
|
pro bono services in the matter or counsel from a list provided by a |
|
pro bono legal services program of counsel willing to be appointed |
|
to handle appeals under this section to attend to the cause of a |
|
party who: |
|
(1) was in possession of the residence at the time the |
|
eviction suit was filed in the justice court; and |
|
(2) has perfected the appeal on a pauper's affidavit |
|
approved in accordance with Rule 749a, Texas Rules of Civil |
|
Procedure. |
|
(b) The appointed counsel shall represent the individual in |
|
the proceedings of the suit in the county court or county court at |
|
law. At the conclusion of those proceedings, the appointment |
|
terminates. |
|
(c) The court may terminate representation appointed under |
|
this section for cause. |
|
(d) Appointed counsel may not receive attorney's fees |
|
unless the recovery of attorney's fees is provided for by contract, |
|
statute, common law, court rules, or other regulations. The county |
|
is not responsible for payment of attorney's fees to appointed |
|
counsel. |
|
(e) The court shall provide for a method of service of |
|
written notice on the parties to an eviction suit of the right to |
|
request an appointment of counsel on perfection of appeal on |
|
approval of a pauper's affidavit. |
|
SECTION 8. Subchapter H, Chapter 51, Government Code, is |
|
amended by adding Section 51.708 to read as follows: |
|
Sec. 51.708. ADDITIONAL FILING FEE FOR CIVIL CASES IN |
|
CERTAIN COURTS. (a) In addition to all other fees authorized or |
|
required by other law, the clerk of a county court, statutory county |
|
court, or district court shall collect a filing fee of not more than |
|
$10 in each civil case filed in the court to be used for court record |
|
preservation for the courts in the county. |
|
(b) Court fees due under this section shall be collected in |
|
the same manner as other fees, fines, or costs are collected in the |
|
case. |
|
(c) The clerk at least monthly 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. The treasurer or other official shall deposit the fees |
|
in a court record preservation account in the county treasury. The |
|
money in the account may be used only to digitize court records and |
|
preserve the records from natural disasters. |
|
(d) The court record preservation account shall be |
|
administered by or under the direction of the commissioners court |
|
of the county. |
|
SECTION 9. Subchapter D, Chapter 101, Government Code, is |
|
amended by adding Section 101.06117 to read as follows: |
|
Sec. 101.06117. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT |
|
CODE. The clerk of a district court shall collect an additional |
|
filing fee not to exceed $10 under Section 51.708, Government Code, |
|
in certain civil cases to fund the preservation of court records. |
|
SECTION 10. Subchapter E, Chapter 101, Government Code, is |
|
amended by adding Section 101.08115 to read as follows: |
|
Sec. 101.08115. ADDITIONAL STATUTORY COUNTY COURT FEES: |
|
GOVERNMENT CODE. The clerk of a statutory county court shall |
|
collect an additional filing fee not to exceed $10 under Section |
|
51.708, Government Code, in certain civil cases to fund the |
|
preservation of court records. |
|
SECTION 11. (a) Section 101.0814, Government Code, is |
|
amended to conform to the amendments made to Section 101.081, |
|
Government Code, by Chapter 399 (S.B. 819), Acts of the 80th |
|
Legislature, Regular Session, 2007, and to conform to the |
|
amendments made to Section 101.083, Government Code, by Chapter |
|
1301 (S.B. 600), Acts of the 80th Legislature, Regular Session, |
|
2007, and is further amended to read as follows: |
|
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. The clerk of a statutory county court shall |
|
collect fees and costs under the Local Government Code as follows: |
|
(1) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(2) civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) 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 |
|
(Secs. [after the 120th day after the date of the initial filing of
|
|
the action (Sec.] 118.052 and 118.056(d), Local Government Code) |
|
. . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; and |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(5) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $10 [$5]; |
|
(6) on the filing of a civil suit, an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37]; |
|
(7) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(8) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(9) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; and |
|
(10) 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. |
|
(b) Section 101.083, Government Code, is repealed. |
|
SECTION 12. Section 101.1013, Government Code, is amended |
|
to conform to the amendments made to Section 101.101, Government |
|
Code, by Chapter 399 (S.B. 819), Acts of the 80th Legislature, |
|
Regular Session, 2007, and is further amended to read as follows: |
|
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS: |
|
LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall |
|
collect fees and costs under the Local Government Code as follows: |
|
(1) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code). . . $10 [$5]; |
|
(2) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(3) 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 |
|
(Secs. [after the 120th day after the date of the initial filing of
|
|
the action (Sec.] 118.052 and 118.056(d), Local Government Code) |
|
. . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code). . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; and |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and |
|
(5) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35. |
|
SECTION 13. Subchapter G, Chapter 101, Government Code, is |
|
amended by adding Section 101.12124 to read as follows: |
|
Sec. 101.12124. ADDITIONAL COUNTY COURT FEES: GOVERNMENT |
|
CODE. The clerk of a county court shall collect an additional |
|
filing fee not to exceed $10 under Section 51.708, Government Code, |
|
in certain civil cases to fund the preservation of court records. |
|
SECTION 14. (a) Section 101.1214, Government Code, is |
|
amended to conform to the amendments made to Section 101.121, |
|
Government Code, by Chapter 399 (S.B. 819), Acts of the 80th |
|
Legislature, Regular Session, 2007, and to conform to the |
|
amendments made to Section 101.123, Government Code, by Chapter |
|
1301 (S.B. 600), Acts of the 80th Legislature, Regular Session, |
|
2007, and is further amended to read as follows: |
|
Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. The clerk of a county court shall collect the |
|
following fees and costs under the Local Government Code: |
|
(1) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(2) civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) 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 |
|
(Secs. [after the 120th day after the date of the initial filing of
|
|
the action (Sec.] 118.052 and 118.056(d), Local Government Code) |
|
. . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; and |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(5) deposit on filing petition requesting permission |
|
to create a municipal civic center authority (Sec. 281.013, Local |
|
Government Code) . . . $200; |
|
(6) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(7) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(8) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; |
|
(9) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(10) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $10 [$5]; and |
|
(11) on the filing of a civil suit an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37]. |
|
(b) Section 101.123, Government Code, is repealed. |
|
SECTION 15. Section 101.141(b), Government Code, as amended |
|
by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
|
Session, 2007, is amended to conform to the amendments made to |
|
Section 101.141(a), Government Code, by Chapter 1046 (H.B. 2094), |
|
Acts of the 80th Legislature, Regular Session, 2007, and is further |
|
amended to read as follows: |
|
(b) A clerk of a justice court shall collect fees and costs |
|
under other laws as follows: |
|
(1) the cost of a special program that a court may |
|
order a child to attend after a finding that the child committed an |
|
offense, if ordered by the court (Art. 45.057, Code of Criminal |
|
Procedure) . . . costs of the program not to exceed $100; |
|
(2) additional filing fees: |
|
(A) to fund Dallas County civil court facilities |
|
(Sec. 51.705, Government Code) . . . not more than $15; and |
|
(B) for filing any civil action or proceeding |
|
requiring a filing fee, including an appeal, and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee, to fund civil legal |
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
. . . $6 [$2]; |
|
(3) for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $1.50; and |
|
(4) fee for hearing on probable cause for removal of a |
|
vehicle and placement in a storage facility if assessed by the court |
|
(Sec. 2308.457, Occupations [685.008, Transportation] Code) . . . |
|
$20. |
|
SECTION 16. (a) Section 102.041, Government Code, as |
|
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, |
|
Regular Session, 2007, is amended to conform to the amendments made |
|
by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular |
|
Session, 2007, to Section 102.041, Government Code, and is further |
|
amended to read as follows: |
|
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for clerk of the court services (Art. |
|
102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a county and district court technology fee (Art. |
|
102.0169, Code of Criminal Procedure) . . . $4; |
|
(5) a security fee on a felony offense (Art. 102.017, |
|
Code of Criminal Procedure) . . . $5; |
|
(6) [(5)] a security fee on a misdemeanor offense |
|
(Art. 102.017, Code of Criminal Procedure) . . . $3; and |
|
(7) [(6)] a juvenile delinquency prevention and |
|
graffiti eradication fee (Art. 102.0171, Code of Criminal |
|
Procedure) . . . $50 [$5]. |
|
(b) Section 102.041, Government Code, as amended by Chapter |
|
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, |
|
2007, is repealed. Section 102.041, Government Code, as amended by |
|
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
|
Session, 2007, to reorganize and renumber that section, continues |
|
in effect as further amended by this section. |
|
SECTION 17. (a) Section 102.061, Government Code, as |
|
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th |
|
Legislature, Regular Session, 2007, is amended to conform to the |
|
amendments made to Section 102.061, Government Code, by Chapter |
|
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, |
|
2007, and is further amended to read as follows: |
|
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
statutory county court shall collect fees and costs under the Code |
|
of Criminal Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for services of the clerk of the court (Art. |
|
102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a county and district court technology fee (Art. |
|
102.0169, Code of Criminal Procedure) . . . $4; |
|
(5) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(6) [(5)] a juvenile delinquency prevention and |
|
graffiti eradication fee (Art. 102.0171, Code of Criminal |
|
Procedure) . . . $50 [$5]; and |
|
(7) [(6)] a juvenile case manager fee (Art. 102.0174, |
|
Code of Criminal Procedure) . . . not to exceed $5. |
|
(b) Section 102.061, Government Code, as amended by Chapter |
|
1053, Acts of the 80th Legislature, Regular Session, 2007, is |
|
repealed. Section 102.061, Government Code, as reenacted and |
|
amended by Chapter 921, Acts of the 80th Legislature, Regular |
|
Session, 2007, to reorganize and renumber that section, continues |
|
in effect as further amended by this section. |
|
SECTION 18. (a) Section 102.081, Government Code, as |
|
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, |
|
Regular Session, 2007, is amended to conform to the amendments made |
|
to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), |
|
Acts of the 80th Legislature, Regular Session, 2007, and is further |
|
amended to read as follows: |
|
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for clerk of the court services (Art. |
|
102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a county and district court technology fee (Art. |
|
102.0169, Code of Criminal Procedure) . . . $4; |
|
(5) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(6) [(5)] a juvenile delinquency prevention and |
|
graffiti eradication fee (Art. 102.0171, Code of Criminal |
|
Procedure) . . . $50 [$5]; and |
|
(7) [(6)] a juvenile case manager fee (Art. 102.0174, |
|
Code of Criminal Procedure) . . . not to exceed $5. |
|
(b) Section 102.081, Government Code, as amended by Chapter |
|
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, |
|
2007, is repealed. Section 102.081, Government Code, as amended by |
|
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
|
Session, 2007, to reorganize and renumber that section, continues |
|
in effect as further amended by this section. |
|
SECTION 19. The change in law made by this Act in adding |
|
Sections 25.0020 and 26.010, Government Code, applies only to an |
|
eviction suit filed on or after the effective date of this Act. A |
|
suit filed before the effective date of this Act is governed by the |
|
law in effect immediately before that date, and that law is |
|
continued in effect for that purpose. |
|
SECTION 20. The change in law made by this Act in adding |
|
Article 102.0169, Code of Criminal Procedure, applies only to a |
|
cost on conviction for an offense committed on or after the |
|
effective date of this Act. A cost on conviction for an offense |
|
committed before the effective date of this Act is covered by the |
|
law in effect when the offense was committed, and the former law is |
|
continued in effect for that purpose. For purposes of this section, |
|
an offense was committed before the effective date of this Act if |
|
any element of the offense occurred before that date. |
|
SECTION 21. The changes in law made by this Act apply only |
|
to a fee that becomes payable on or after the effective date of this |
|
Act. A fee that becomes payable before the effective date of this |
|
Act is governed by the law in effect when the fee became payable, |
|
and the former law is continued in effect for that purpose. |
|
SECTION 22. This Act takes effect September 1, 2009. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3637 was passed by the House on May 6, |
|
2009, by the following vote: Yeas 133, Nays 9, 1 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 3637 on May 29, 2009, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 3637 on May 31, 2009, by the following vote: Yeas 117, |
|
Nays 26, 1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 3637 was passed by the Senate, with |
|
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
|
0; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
3637 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |