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  H.B. No. 1513
 
 
 
 
AN ACT
  relating to temporary increases in the records archive fees and the
  records management and preservation fees charged by district and
  county clerks.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  FEES EFFECTIVE SEPTEMBER 1, 2013
         SECTION 1.01.  Section 51.305(b), Government Code, is
  amended to read as follows:
         (b)  The commissioners court of a county may adopt a district
  court records archive fee of not more than $10 [$5] for the filing
  of a suit, including an appeal from an inferior court, or a
  cross-action, counterclaim, intervention, contempt action, motion
  for new trial, or third-party petition, in a district court in the
  county as part of the county's annual budget.  The fee must be set
  and itemized in the county's budget as part of the budget
  preparation process and must be approved in a public meeting.  The
  fee is for preservation and restoration services performed in
  connection with maintaining a district court records archive.
         SECTION 1.02.  Section 51.317(b), Government Code, is
  amended to read as follows:
         (b)  The fees are:
               (1)  except as provided by Subsection (b-1), for filing
  a suit, including an appeal from an inferior court, $50;
               (2)  for filing a cross-action, counterclaim,
  intervention, contempt action, motion for new trial, or third-party
  petition, $15;
               (3)  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, $8;
               (4)  for records management and preservation, $10; and
               (5)  in addition to the other fees imposed under this
  section, for filing a suit, including an appeal from an inferior
  court, or a cross-action, counterclaim, intervention, contempt
  action, motion for new trial, or third-party petition, the amount
  adopted by the county commissioners court, not to exceed $10 [$5],
  for court records archiving.
         SECTION 1.03.  Section 101.0611, Government Code, is amended
  to read as follows:
         Sec. 101.0611.  DISTRICT COURT FEES AND COSTS:  GOVERNMENT
  CODE.  The clerk of a district court shall collect fees and costs
  under the Government Code as follows:
               (1)  appellate judicial system filing fees for:
                     (A)  First or Fourteenth Court of Appeals District
  (Sec. 22.2021, Government Code) . . . not more than $5;
                     (B)  Second Court of Appeals District (Sec.
  22.2031, Government Code) . . . not more than $5;
                     (C)  Third Court of Appeals District (Sec.
  22.2041, Government Code) . . . $5;
                     (D)  Fourth Court of Appeals District (Sec.
  22.2051, Government Code) . . . not more than $5;
                     (E)  Fifth Court of Appeals District (Sec.
  22.2061, Government Code) . . . not more than $5;
                     (E-1)  Sixth Court of Appeals District (Sec.
  22.2071, Government Code) . . . $5;
                     (E-2)  Seventh Court of Appeals District (Sec.
  22.2081, Government Code) . . . $5;
                     (F)  Ninth Court of Appeals District (Sec.
  22.2101, Government Code) . . . $5;
                     (G)  Eleventh Court of Appeals District (Sec.
  22.2121, Government Code) . . . $5;
                     (G-1)  Twelfth Court of Appeals District (Sec.
  22.2131, Government Code) . . . $5; and
                     (H)  Thirteenth Court of Appeals District (Sec.
  22.2141, Government Code) . . . not more than $5;
               (2)  when administering a case for the Rockwall County
  Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
  court costs as if the case had been filed in district court;
               (3)  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)  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;
                     (B-1)  to fund the improvement of Bexar County
  court facilities, if authorized by the county commissioners court
  (Sec. 51.706, Government Code) . . . not more than $15;
                     (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; and
                     (D)  to fund the preservation of court records
  (Sec. 51.708, Government Code) . . . not more than $10;
               (4)  for filing a suit, including an appeal from an
  inferior court:
                     (A)  for a suit with 10 or fewer plaintiffs (Sec.
  51.317, Government Code) . . . $50;
                     (B)  for a suit with at least 11 but not more than
  25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
                     (C)  for a suit with at least 26 but not more than
  100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
                     (D)  for a suit with at least 101 but not more than
  500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
                     (E)  for a suit with at least 501 but not more than
  1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
                     (F)  for a suit with more than 1,000 plaintiffs
  (Sec. 51.317, Government Code) . . . $200;
               (5)  for filing a cross-action, counterclaim,
  intervention, contempt action, motion for new trial, or third-party
  petition (Sec. 51.317, Government Code) . . . $15;
               (6)  for issuing a citation or other writ or process not
  otherwise provided for, including one copy, when requested at the
  time a suit or action is filed (Sec. 51.317, Government Code) . . .
  $8;
               (7)  for records management and preservation (Sec.
  51.317, Government Code) . . . $10;
               (7-a)  for district court records archiving, if adopted
  by the county commissioners court (Sec. 51.317(b)(5), Government
  Code) . . . not more than $10 [$5];
               (8)  for issuing a subpoena, including one copy (Sec.
  51.318, Government Code) . . . $8;
               (9)  for issuing a citation, commission for deposition,
  writ of execution, order of sale, writ of execution and order of
  sale, writ of injunction, writ of garnishment, writ of attachment,
  or writ of sequestration not provided for in Section 51.317, or any
  other writ or process not otherwise provided for, including one
  copy if required by law (Sec. 51.318, Government Code) . . . $8;
               (10)  for searching files or records to locate a cause
  when the docket number is not provided (Sec. 51.318, Government
  Code) . . . $5;
               (11)  for searching files or records to ascertain the
  existence of an instrument or record in the district clerk's office
  (Sec. 51.318, Government Code) . . . $5;
               (12)  for abstracting a judgment (Sec. 51.318,
  Government Code) . . . $8;
               (13)  for approving a bond (Sec. 51.318, Government
  Code) . . . $4;
               (14)  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) . . . not to exceed
  $1;
               (15)  for a noncertified copy, for each page or part of
  a page (Sec. 51.318, Government Code) . . . not to exceed $1;
               (16)  fee for performing a service:
                     (A)  related to the matter of the estate of a
  deceased person (Sec. 51.319, Government Code) . . . the same fee
  allowed the county clerk for those services;
                     (B)  related to the matter of a minor (Sec.
  51.319, Government Code) . . . the same fee allowed the county
  clerk for the service;
                     (C)  of serving process by certified or registered
  mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
  constable is authorized to charge for the service under Section
  118.131, Local Government Code; and
                     (D)  prescribed or authorized by law but for which
  no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
               (17)  jury fee (Sec. 51.604, Government Code) . . .
  $30;
               (18)  additional filing fee for family protection on
  filing a suit for dissolution of a marriage under Chapter 6, Family
  Code (Sec. 51.961, Government Code) . . . not to exceed $15;
               (19)  at a hearing held by an associate judge in Dallas
  County, a court cost to preserve the record, in the absence of a
  court reporter, by other means (Sec. 54.509, Government Code) . . .
  as assessed by the referring court or associate judge; and
               (20)  at a hearing held by an associate judge in Duval
  County, a court cost to preserve the record (Sec. 54.1151,
  Government Code) . . . as imposed by the referring court or
  associate judge.
         SECTION 1.04.  Sections 118.011(b) and (f), Local Government
  Code, are amended to read as follows:
         (b)  The county clerk may set and collect the following fee
  from any person:
               (1)  Returned Check (Sec. 118.0215) not less
  than $15 or more than $30
               (2)  Records Management and Preservation Fee (Sec.
  118.0216) not more than $10 [$5]
               (3)  Mental Health Background Check for License to
  Carry a Concealed Weapon (Sec. 118.0217) not more than $2
         (f)  The county clerk of a county shall, if the commissioners
  court of the county adopts the fee as part of the county's annual
  budget, collect the following fee from any person:
               Records Archive Fee (Sec. 118.025)not more
  than $10 [$5]
         SECTION 1.05.  The changes in law made by this article apply
  only to a fee that becomes payable on or after September 1, 2013. A
  fee that becomes payable before September 1, 2013, is governed by
  the law in effect when the fee became payable, and the former law is
  continued in effect for that purpose.
         SECTION 1.06.  This article takes effect September 1, 2013.
  ARTICLE 2.  FEES EFFECTIVE SEPTEMBER 1, 2019
         SECTION 2.01.  Section 51.305(b), Government Code, is
  amended to read as follows:
         (b)  The commissioners court of a county may adopt a district
  court records archive fee of not more than $5 for the filing of a
  suit, including an appeal from an inferior court, or a
  cross-action, counterclaim, intervention, contempt action, motion
  for new trial, or third-party petition, in a district court in the
  county as part of the county's annual budget. The fee must be set
  and itemized in the county's budget as part of the budget
  preparation process and must be approved in a public meeting. The
  fee is for preservation and restoration services performed in
  connection with maintaining a district court records archive.
         SECTION 2.02.  Section 51.317(b), Government Code, is
  amended to read as follows:
         (b)  The fees are:
               (1)  except as provided by Subsection (b-1), for filing
  a suit, including an appeal from an inferior court, $50;
               (2)  for filing a cross-action, counterclaim,
  intervention, contempt action, motion for new trial, or third-party
  petition, $15;
               (3)  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, $8;
               (4)  for records management and preservation, $10; and
               (5)  in addition to the other fees imposed under this
  section, for filing a suit, including an appeal from an inferior
  court, or a cross-action, counterclaim, intervention, contempt
  action, motion for new trial, or third-party petition, the amount
  adopted by the county commissioners court, not to exceed $5, for
  court records archiving.
         SECTION 2.03.  Section 101.0611, Government Code, is amended
  to read as follows:
         Sec. 101.0611.  DISTRICT COURT FEES AND COSTS:  GOVERNMENT
  CODE.  The clerk of a district court shall collect fees and costs
  under the Government Code as follows:
               (1)  appellate judicial system filing fees for:
                     (A)  First or Fourteenth Court of Appeals District
  (Sec. 22.2021, Government Code) . . . not more than $5;
                     (B)  Second Court of Appeals District (Sec.
  22.2031, Government Code) . . . not more than $5;
                     (C)  Third Court of Appeals District (Sec.
  22.2041, Government Code) . . . $5;
                     (D)  Fourth Court of Appeals District (Sec.
  22.2051, Government Code) . . . not more than $5;
                     (E)  Fifth Court of Appeals District (Sec.
  22.2061, Government Code) . . . not more than $5;
                     (E-1)  Sixth Court of Appeals District (Sec.
  22.2071, Government Code) . . . $5;
                     (E-2)  Seventh Court of Appeals District (Sec.
  22.2081, Government Code) . . . $5;
                     (F)  Ninth Court of Appeals District (Sec.
  22.2101, Government Code) . . . $5;
                     (G)  Eleventh Court of Appeals District (Sec.
  22.2121, Government Code) . . . $5;
                     (G-1)  Twelfth Court of Appeals District (Sec.
  22.2131, Government Code) . . . $5; and
                     (H)  Thirteenth Court of Appeals District (Sec.
  22.2141, Government Code) . . . not more than $5;
               (2)  when administering a case for the Rockwall County
  Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
  court costs as if the case had been filed in district court;
               (3)  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)  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;
                     (B-1)  to fund the improvement of Bexar County
  court facilities, if authorized by the county commissioners court
  (Sec. 51.706, Government Code) . . . not more than $15;
                     (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; and
                     (D)  to fund the preservation of court records
  (Sec. 51.708, Government Code) . . . not more than $10;
               (4)  for filing a suit, including an appeal from an
  inferior court:
                     (A)  for a suit with 10 or fewer plaintiffs (Sec.
  51.317, Government Code) . . . $50;
                     (B)  for a suit with at least 11 but not more than
  25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
                     (C)  for a suit with at least 26 but not more than
  100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
                     (D)  for a suit with at least 101 but not more than
  500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
                     (E)  for a suit with at least 501 but not more than
  1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
                     (F)  for a suit with more than 1,000 plaintiffs
  (Sec. 51.317, Government Code) . . . $200;
               (5)  for filing a cross-action, counterclaim,
  intervention, contempt action, motion for new trial, or third-party
  petition (Sec. 51.317, Government Code) . . . $15;
               (6)  for issuing a citation or other writ or process not
  otherwise provided for, including one copy, when requested at the
  time a suit or action is filed (Sec. 51.317, Government Code) . . .
  $8;
               (7)  for records management and preservation (Sec.
  51.317, Government Code) . . . $10;
               (7-a)  for district court records archiving, if adopted
  by the county commissioners court (Sec. 51.317(b)(5), Government
  Code) . . . not more than $5;
               (8)  for issuing a subpoena, including one copy (Sec.
  51.318, Government Code) . . . $8;
               (9)  for issuing a citation, commission for deposition,
  writ of execution, order of sale, writ of execution and order of
  sale, writ of injunction, writ of garnishment, writ of attachment,
  or writ of sequestration not provided for in Section 51.317, or any
  other writ or process not otherwise provided for, including one
  copy if required by law (Sec. 51.318, Government Code) . . . $8;
               (10)  for searching files or records to locate a cause
  when the docket number is not provided (Sec. 51.318, Government
  Code) . . . $5;
               (11)  for searching files or records to ascertain the
  existence of an instrument or record in the district clerk's office
  (Sec. 51.318, Government Code) . . . $5;
               (12)  for abstracting a judgment (Sec. 51.318,
  Government Code) . . . $8;
               (13)  for approving a bond (Sec. 51.318, Government
  Code) . . . $4;
               (14)  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) . . . not to exceed
  $1;
               (15)  for a noncertified copy, for each page or part of
  a page (Sec. 51.318, Government Code) . . . not to exceed $1;
               (16)  fee for performing a service:
                     (A)  related to the matter of the estate of a
  deceased person (Sec. 51.319, Government Code) . . . the same fee
  allowed the county clerk for those services;
                     (B)  related to the matter of a minor (Sec.
  51.319, Government Code) . . . the same fee allowed the county
  clerk for the service;
                     (C)  of serving process by certified or registered
  mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
  constable is authorized to charge for the service under Section
  118.131, Local Government Code; and
                     (D)  prescribed or authorized by law but for which
  no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
               (17)  jury fee (Sec. 51.604, Government Code) . . .
  $30;
               (18)  additional filing fee for family protection on
  filing a suit for dissolution of a marriage under Chapter 6, Family
  Code (Sec. 51.961, Government Code) . . . not to exceed $15;
               (19)  at a hearing held by an associate judge in Dallas
  County, a court cost to preserve the record, in the absence of a
  court reporter, by other means (Sec. 54.509, Government Code) . . .
  as assessed by the referring court or associate judge; and
               (20)  at a hearing held by an associate judge in Duval
  County, a court cost to preserve the record (Sec. 54.1151,
  Government Code) . . . as imposed by the referring court or
  associate judge.
         SECTION 2.04.  Sections 118.011(b) and (f), Local Government
  Code, are amended to read as follows:
         (b)  The county clerk may set and collect the following fee
  from any person:
               (1)  Returned Check (Sec. 118.0215)not less
  than $15 or more than $30
               (2)  Records Management and Preservation Fee (Sec.
  118.0216) not more than $5
               (3)  Mental Health Background Check for License to
  Carry a Concealed Weapon (Sec. 118.0217) not more than $2
         (f)  The county clerk of a county shall, if the commissioners
  court of the county adopts the fee as part of the county's annual
  budget, collect the following fee from any person:
               Records Archive Fee (Sec. 118.025)not more
  than $5
         SECTION 2.05.  The changes in law made by this article apply
  only to a fee that becomes payable on or after September 1, 2019. A
  fee that becomes payable before September 1, 2019, is governed by
  the law in effect when the fee became payable, and the former law is
  continued in effect for that purpose.
         SECTION 2.06.  This article takes effect September 1, 2019.
  ARTICLE 3.  CONFLICT WITH OTHER LEGISLATION
         SECTION 3.01.  To the extent of any conflict, this Act
  prevails over another Act of the 83rd Legislature, Regular Session,
  2013, relating to nonsubstantive additions to and corrections in
  enacted codes.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1513 was passed by the House on April
  12, 2013, by the following vote:  Yeas 131, Nays 3, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1513 on May 23, 2013, by the following vote:  Yeas 143, Nays 1,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1513 was passed by the Senate, with
  amendments, on May 21, 2013, by the following vote:  Yeas 27, Nays
  3.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor