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