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AN ACT
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relating to the collection and refunding of certain fees and |
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deposits by a county clerk or district clerk; increasing certain |
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fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a |
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written undertaking entered into by the defendant and the |
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defendant's sureties for the appearance of the principal therein |
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before a court or magistrate to answer a criminal accusation; |
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provided, however, that the defendant on execution of the bail bond |
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may deposit with the custodian of funds of the court in which the |
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prosecution is pending current money of the United States in the |
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amount of the bond in lieu of having sureties signing the same. Any |
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cash funds deposited under this article shall be receipted for by |
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the officer receiving the funds and, on order of the court, be |
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refunded in the amount shown on the face of the receipt less the |
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administrative fee authorized by Section 117.055, Local Government |
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Code, after the defendant complies with the conditions of the |
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defendant's bond, to: |
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(1) any person in the name of whom a receipt was |
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issued, [in the amount reflected on the face of the receipt,] |
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including the defendant if a receipt was issued to the defendant; or |
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(2) the defendant, if no other person is able to |
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produce a receipt for the funds. |
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SECTION 2. Article 102.004(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A defendant convicted by a jury in a trial before a |
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justice or municipal court shall pay a jury fee of $3. A defendant |
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in a justice or municipal court who requests a trial by jury and who |
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withdraws the request not earlier than 24 hours before the time of |
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trial shall pay a jury fee of $3, if the defendant is convicted of |
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the offense or final disposition of the defendant's case is |
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deferred. A defendant convicted by a jury in a county court, a |
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county court at law, or a district court shall pay a jury fee of $40 |
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[$20]. |
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SECTION 3. (a) Section 51.305(b), Government Code, is |
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amended to read as follows: |
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(b) The commissioners court of a county may adopt a district |
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court records archive fee of not more than $10 for the filing of a |
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suit, including an appeal from an inferior court, or a |
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cross-action, counterclaim, intervention, contempt action, motion |
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for new trial, or third-party petition, in any [a district] court in |
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the county for which the district clerk accepts filings as part of |
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the county's annual budget. The fee must be set and itemized in the |
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county's budget as part of the budget preparation process and must |
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be approved in a public meeting. The fee is for preservation and |
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restoration services performed in connection with maintaining a |
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district court records archive. |
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(b) Section 51.305(b), Government Code, as effective |
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September 1, 2019, is amended to read as follows: |
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(b) The commissioners court of a county may adopt a district |
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court records archive fee of not more than $5 for the filing of a |
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suit, including an appeal from an inferior court, or a |
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cross-action, counterclaim, intervention, contempt action, motion |
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for new trial, or third-party petition, in any [a district] court in |
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the county for which the district clerk accepts filings as part of |
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the county's annual budget. The fee must be set and itemized in the |
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county's budget as part of the budget preparation process and must |
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be approved in a public meeting. The fee is for preservation and |
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restoration services performed in connection with maintaining a |
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district court records archive. |
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SECTION 4. Section 51.319, Government Code, is amended to |
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read as follows: |
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Sec. 51.319. OTHER FEES. The district clerk shall collect |
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the following fees for services performed by the clerk: |
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(1) for performing services related to the matter of |
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the estate of a deceased person or a minor transacted in the |
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district court, the same fees allowed the county clerk for those |
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services; |
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(2) for serving process by certified or registered |
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mail, the same fee that sheriffs and constables are authorized to |
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charge for the service under Section 118.131, Local Government |
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Code; [and] |
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(3) for performing any other service prescribed or |
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authorized by law for which no fee is set by law, a reasonable fee; |
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and |
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(4) for performing services related to a matter filed |
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in a statutory county court, the same fees allowed the district |
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clerk for those services in the district court. |
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SECTION 5. Section 51.604(a), Government Code, is amended |
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to read as follows: |
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(a) The district clerk shall collect a $40 [$30] jury fee |
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for each civil case in which a person applies for a jury trial. The |
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clerk of a county court or statutory county court shall collect a |
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$40 [$22] jury fee for each civil case in which a person applies for |
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a jury trial. The clerk shall note the payment of the fee on the |
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court's docket. |
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SECTION 6. Section 118.052, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.052. FEE SCHEDULE. Each clerk of a county court |
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shall collect the following fees for services rendered to any |
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person: |
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(1) CIVIL COURT ACTIONS |
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(A) Filing of Original Action (Sec. 118.053): |
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(i) Garnishment after judgment . . . $15.00 |
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(ii) All others . . . $40.00 |
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(B) Filing of Action Other than Original (Sec. |
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118.054) . . . $30.00 |
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(C) Services Rendered After Judgment in Original |
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Action (Sec. 118.0545): |
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(i) Abstract of judgment . . . $ 5.00 |
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(ii) Execution, order of sale, writ, or |
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other process . . . $ 5.00 |
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(2) PROBATE COURT ACTIONS |
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(A) Probate Original Action (Sec. 118.055): |
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(i) Probate of a will with independent |
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executor, administration with will attached, administration of an |
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estate, guardianship or receivership of an estate, or muniment of |
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title . . . $40.00 |
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(ii) Community survivors . . . $40.00 |
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(iii) Small estates . . . $40.00 |
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(iv) Declarations of heirship . . . $40.00 |
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(v) Mental health or chemical dependency |
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services . . . $40.00 |
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(vi) Additional, special fee (Sec. 118.064) |
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. . . $ 5.00 |
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(B) Services in Pending Probate Action (Sec. |
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118.056): |
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(i) Filing an inventory and appraisement as |
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provided by Section 118.056(d) . . . $25.00 |
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(ii) Approving and recording bond . . . $ |
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3.00 |
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(iii) Administering oath . . . $ 2.00 |
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(iv) Filing annual or final account of |
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estate . . . $25.00 |
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(v) Filing application for sale of real or |
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personal property . . . $25.00 |
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(vi) Filing annual or final report of |
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guardian of a person . . . $10.00 |
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(vii) Filing a document not listed under |
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this paragraph after the filing of an order approving the inventory |
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and appraisement or after the 120th day after the date of the |
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initial filing of the action, whichever occurs first, if more than |
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25 pages . . . $25.00 |
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(C) Adverse Probate Action (Sec. 118.057) . . . |
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$40.00 |
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(D) Claim Against Estate (Sec. 118.058) . . . |
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$10.00 [$ 2.00] |
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(E) Supplemental Court-Initiated Guardianship |
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Fee in Probate Original Actions and Adverse Probate Actions (Sec. |
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118.067) . . . $20.00 |
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(F) Supplemental Public Probate Administrator |
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Fee For Counties That Have Appointed a Public Probate Administrator |
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(Sec. 118.068) . . . $10.00 |
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(3) OTHER FEES |
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(A) Issuing Document (Sec. 118.059): original |
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document and one copy . . . $ 4.00 |
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each additional set of an original and one copy . . . $ 4.00 |
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(B) Certified Papers (Sec. 118.060): for the |
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clerk's certificate . . . $ 5.00 |
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plus a fee per page or part of a page of . . . $ 1.00 |
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(C) Noncertified Papers (Sec. 118.0605): for |
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each page or part of a page . . . $ 1.00 |
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(D) Letters Testamentary, Letter of |
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Guardianship, Letter of Administration, or Abstract of Judgment |
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(Sec. 118.061) . . . $ 2.00 |
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(E) Safekeeping of Wills (Sec. 118.062) . . . $ |
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5.00 |
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(F) Mail Service of Process (Sec. 118.063) . . . |
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same as sheriff |
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(G) Records Management and Preservation Fee |
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. . . $ 5.00 |
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SECTION 7. The changes in law made by this Act apply only to |
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a fee that becomes payable on or after the effective date of this |
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Act. A fee that becomes payable before that date is governed by the |
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law in effect when the fee became payable, and the former law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2182 was passed by the House on May 5, |
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2015, by the following vote: Yeas 142, Nays 2, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2182 on May 26, 2015, by the following vote: Yeas 145, Nays 0, |
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3 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2182 was passed by the Senate, with |
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amendments, on May 22, 2015, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |